Abdisalam v. Strategic Delivery Solutions, LLC
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:24-cv-12141 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Aug 20, 2024 |
| Terminated: | Mar 12, 2025 |
| Last checked: Sunday Feb 16, 2025 6:14 AM EST |
|
Defendant
Strategic Delivery Solutions, LLC
|
Represented By
|
|
Plaintiff
Abdulkadir Abdisalam
|
Represented By
|
| Docket last updated: 04/01/2025 11:59 PM EDT |
| Wednesday, March 12, 2025 | ||
| 41 | 41
appeal
USCA Case Number
Wed 03/12 6:46 PM
USCA Case Number 25-1254 for38 Notice of Appeal, filed by Strategic Delivery Solutions, LLC. (MAP) |
|
| 40 | 40
appeal
Abbreviated Electronic Appeal Record Sent to USCA
Wed 03/12 3:53 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re38 Notice of Appeal. (MAP) |
|
| 39 | 39
order
Order Dismissing Case
Wed 03/12 2:55 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER DISMISSING CASE. This case will be administratively closed pending resolution of the appeal. (JAM) |
|
| 38 | 38
appeal
Notice of Appeal
Wed 03/12 10:57 AM
NOTICE OF APPEAL as to 35 Order on Motion to Compel,,,,,,,,,,,, by Strategic Delivery Solutions, LLC. Filing fee: $ 605, receipt number AMADC-10887177 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/1/2025. (Butcher, Andrew) |
|
| Wednesday, February 26, 2025 | ||
| 37 | 37
notice
Notice of Filing of Official Transcript
Thu 02/27 7:03 AM
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at[LINK:https://www.mad.uscourts.gov/caseinfo/transcripts.htm] (DRK) |
|
| 36 | 36
misc
Transcript
Thu 02/27 7:02 AM
Transcript of Motion Hearing held on February 5, 2025, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 3/19/2025. Redacted Transcript Deadline set for 3/31/2025. Release of Transcript Restriction set for 5/27/2025. (DRK) |
|
| Tuesday, February 11, 2025 | ||
| 35 | 35
order
Order on Motion to Compel
Tue 02/11 10:28 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying21 Motion to Compel. At the outset, the court declines to delegate to an arbitrator the question of whether Abdisalam is a signatory to the contract. "Courts, not arbitrators, decide whether an arbitration agreement binds parties who did not sign the contract, because in such cases there is no clear and unmistakable evidence that the nonsignatories intended to delegate questions of arbitrability to an arbitrator." Cavallaro v. Wilmer Cutler Pickering Hale & Dore, LLP , 2020 WL 2193633, at *2 (Mass. Super. Feb. 3, 2020). On the merits, the court agrees with Abdisalam that he is not a signatory to the contract and thus is not bound by the arbitration provision. The Vendor Agreement is "a business-to-business agreement" between SDS and Abdul Courier LLC. Mem. [Dkt # 22] at 8. Abdisalam may have signed the contract "on behalf of" Abdul Courier LLC, id. at 1; see also id. at 11, but nothing in the plain text of the agreement evinces an intent to personally bind him to its terms and conditions. To the extent SDS argues that Abdisalam, although not a signatory, should nonetheless be estopped from challenging the arbitration provision on several equitable grounds, the court is not persuaded. As to direct benefits estoppel, it follows that, if (as SDS concedes) Abdisalam had no obligation under the Vendor Agreement to personally perform the contracted-for work, see id. at 1-2, 10-11, any benefit he may have received in his personal capacity for performance of the contract was, at best, indirect. See Ribadeneira v. New Balance Athletics, Inc. , 65 F.4th 1, 21 (1st Cir. 2023) ("Benefits are 'direct' when they 'flow[ ] directly from the agreement,' while 'indirect' benefits arise from 'exploit[ing] the contractual relation of parties to an agreement' but not 'the agreement itself.'"), quoting Walker v. Collyer , 85 Mass. App. Ct. 311, 320 (2014). As to intertwined claims estoppel, it is not clear to the court how SDS can plausibly maintain that Abdisalam's individual employment-based claims hinge on how his work was classified in a third-party contract to which he was not personally a signatory. Finally, as to successor-in-interest estoppel, SDS offers no evidence that Abdisalam personally assumed the obligations of Abdul Courier LLC or otherwise acted as the "mere continuation" of Abdul Courier LLC in his personal capacity. See Ribadeneira , 65 F.4th at 23 ("To determine whether an entity is such a 'mere continuation,' Massachusetts courts examine 'the continuity or discontinuity of the ownership, officers, directors, stockholders, management, personnel, assets, and operations of the two entities.'"), quoting Smith v. Kelley , 484 Mass. 111, 121 (2020). (The court expresses no opinion as to whether estoppel should apply on veil-piercing grounds, as this ground was never raised by SDS.) (RGS, law3) |
|
| Wednesday, February 05, 2025 | ||
| 34 | 34
minutes
Motion Hearing
Wed 02/05 2:37 PM
Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 2/5/2025 re21 MOTION to Compel ARBITRATION AND STAY CASE filed by Strategic Delivery Solutions, LLC. Court hears argument from the parties; The court takes the matter under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Casavant, Butcher, Steck) (TRM) |
|
| Wednesday, December 18, 2024 | ||
| 33 | 33
order
Order on Motion to Continue
Wed 12/18 11:03 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting31 Motion to Continue Motion Hearing. (Maynard, Timothy) |
|
| 32 | 32
notice
Notice Setting or Resetting Hearing on Motion
Wed 12/18 11:01 AM
ELECTRONIC NOTICE Resetting Hearing on Motion21 MOTION to Compel ARBITRATION AND STAY CASE : Motion Hearing set for 2/5/2025 02:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) |
|
| Tuesday, December 17, 2024 | ||
| 31 | 31
motion
Continue
Tue 12/17 3:43 PM
Assented to MOTION to Continue Hearing by Abdulkadir Abdisalam.(Casavant, Brant) |
|
| Monday, December 16, 2024 | ||
| 30 | 30
notice
Notice Setting or Resetting Hearing on Motion
Mon 12/16 1:49 PM
ELECTRONIC NOTICE Setting Hearing on Motion21 MOTION to Compel ARBITRATION AND STAY CASE : Motion Hearing set for 1/15/2025 03:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) |
|
| Monday, December 09, 2024 | ||
| 29 | 29
respm
Reply to Response to Motion
Mon 12/09 2:14 PM
REPLY to Response to21 MOTION to Compel ARBITRATION AND STAY CASE filed by Strategic Delivery Solutions, LLC. (Butcher, Andrew) |
|
| Monday, November 25, 2024 | ||
| 28 | 28
order
Order on Motion for Extension of Time to File Response/Reply
Mon 11/25 1:37 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting27 Motion for Extension of Time. Defendant's Reply is due December 9, 2024. (RGS, law3) |
|
| 27 | 27
motion
Extension of Time to File Response/Reply
Mon 11/25 1:29 PM
Assented to MOTION for Extension of Time to December 9, 2024 to File Response/Reply as to21 MOTION to Compel ARBITRATION AND STAY CASE by Strategic Delivery Solutions, LLC.(Butcher, Andrew) |
|
|
Att: 1
Text of Proposed Order
|
||
| Friday, November 22, 2024 | ||
| 26 | 26
order
Order on Motion to Stay
Fri 11/22 2:20 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting25 Motion to Stay. All pretrial deadlines are stayed pending resolution of defendant's motion to compel arbitration. (RGS, law3) |
|
| 25 | 25
motion
Stay
Fri 11/22 1:36 PM
Joint MOTION to Stay Deadlines by Strategic Delivery Solutions, LLC.(Butcher, Andrew) |
|
|
Att: 1
Text of Proposed Order (Proposed Order Granting Joint Motion)
|
||
| Thursday, November 21, 2024 | ||
| 24 | 24
order
Order
Thu 11/21 2:57 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered. Based on the arguments raised in plaintiff's opposition, see Dkt # 23, the court will permit defendant to file a Reply of no more than 7 pages by December 2, 2024.(RGS, law3) |
|
| Wednesday, November 20, 2024 | ||
| 23 | 23
respm
Response to Motion
Wed 11/20 4:27 PM
RESPONSE to Motion re21 MOTION to Compel ARBITRATION AND STAY CASE filed by Abdulkadir Abdisalam.(Lane, Brook) |
|
|
Att: 1
Exhibit 1
|
||
| Tuesday, November 05, 2024 | ||
| 22 | 22
20
pgs
respm
Memorandum in Support of Motion
Tue 11/05 2:22 PM
MEMORANDUM in Support re21 MOTION to Compel ARBITRATION AND STAY CASE filed by Strategic Delivery Solutions, LLC.(Steck, Janis) |
|
|
Att: 1
Declaration of Mario Florez in Support of Defendant's Motion to Compel Arbitration and Stay Case
|
||
| 21 | 21
motion
Compel
Tue 11/05 2:20 PM
MOTION to Compel ARBITRATION AND STAY CASE by Strategic Delivery Solutions, LLC.(Steck, Janis) |
|
| Tuesday, October 08, 2024 | ||
| 20 | 20
answer
Answer to Amended Complaint
Tue 10/08 1:46 PM
DEFENDANT'S ANSWER to19 Amended Complaint , AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL by Strategic Delivery Solutions, LLC.(Butcher, Andrew) |
|
| Tuesday, September 24, 2024 | ||
| 19 | 19
cmp
Amended Complaint
Tue 09/24 3:02 PM
AMENDED COMPLAINT (FIRST) against Strategic Delivery Solutions, LLC, filed by Abdulkadir Abdisalam.(Casavant, Brant) |
|
| 18 | 18
notice
Notice of Appearance
Tue 09/24 9:25 AM
NOTICE of Appearance by Janis E. Steck on behalf of Strategic Delivery Solutions, LLC (Steck, Janis) |
|
| 17 | 17
notice
Notice of Appearance
Tue 09/24 9:23 AM
NOTICE of Appearance by Andrew James Ireland on behalf of Strategic Delivery Solutions, LLC (Ireland, Andrew) |
|
| Monday, September 23, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Mon 09/23 6:26 PM
NOTICE of Appearance by Andrew J. Butcher on behalf of Strategic Delivery Solutions, LLC (Butcher, Andrew) |
|
| Thursday, September 19, 2024 | ||
| 15 | 15
order
Order on Motion to Correct
Thu 09/19 9:42 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered ALLOWING14 Motion to Amend Complaint to Correct Misnomer of Party Defendant (Martin, Jacqueline) |
|
| Wednesday, September 18, 2024 | ||
| 14 | 14
motion
Correct
Wed 09/18 10:45 AM
Assented to MOTION to Correct Misnomer of Party Defendant by Abdulkadir Abdisalam.(Lane, Brook) |
|
| 13 | 13
notice
Notice of Appearance
Wed 09/18 10:42 AM
NOTICE of Appearance by Brook S. Lane on behalf of Abdulkadir Abdisalam (Lane, Brook) |
|
| Wednesday, September 11, 2024 | ||
| 12 | 12
misc
State Court Record - no answer filed in state court
Wed 09/11 10:32 AM
STATE COURT Record. (Sonneborn, Daniel) |
|
| Tuesday, September 10, 2024 | ||
| 11 | 11
order
Order on Motion for Leave to Appear
Tue 09/10 4:36 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting8 and9 Motions for Leave to Appear Pro Hac Vice of Janis E. Steck and Andrew J. Ireland. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected. Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] . A Notice of Appearance must be entered on the docket by each newly admitted attorney. (McManus, Caetlin) |
|
| 10 | 10
order
Order on Motion for Leave to Appear
Tue 09/10 4:32 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting7 Motion for Leave to Appear Pro Hac Vice Added Andrew J. Butcher. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . (McManus, Caetlin) |
|
| 9 | 9
motion
Appear Pro Hac Vice
Tue 09/10 11:21 AM
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew J. Ireland Filing fee: $ 125, receipt number AMADC-10590779 by Strategic Delivery Solutions, LLC.(Sonneborn, Daniel) |
|
|
Att: 1
Exhibit A - Affidavit of Andrew J. Ireland in Support of Pro Hac Vice Admission
|
||
| 8 | 8
motion
Appear Pro Hac Vice
Tue 09/10 11:12 AM
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Janis E. Steck Filing fee: $ 125, receipt number AMADC-10590753 by Strategic Delivery Solutions, LLC.(Sonneborn, Daniel) |
|
|
Att: 1
Exhibit A - Affidavit of Janis E. Steck in Support of Pro Hac Vice Admission
|
||
| 7 | 7
motion
Appear Pro Hac Vice
Tue 09/10 11:05 AM
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew J. Butcher Filing fee: $ 125, receipt number AMADC-10590696 by Strategic Delivery Solutions, LLC.(Sonneborn, Daniel) |
|
|
Att: 1
Affidavit Exhibit A - Affidavit of Andrew J. Butcher in Support of Pro Hac Vice Admission
|
||
| Wednesday, August 28, 2024 | ||
| 6 | 6
order
Order
Wed 08/28 12:00 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered - The Answer having been filed, the court sets the following pretrial schedule. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) will be completed by 9/23/24. If there is disagreement as to the delineation of the plaintiff class, class discovery will be completed by 11/25/24; class certification motions will be filed by 12/16/24, with any opposition by 1/6/25. If there is no disagreement as to delineation of the class (the class parameters appear clear), all fact discovery will be completed by 2/6/25. If class discovery and certification is necessary, all fact discovery will be completed by 4/25/25. Either way, any dispositive motion, if appropriate, will be filed thirty days after the close of fact discovery, opposition due 21 days thereafter, reply only with leave of court. If plaintiffs intend to employ an expert, they will notify the court thirty days before the end of fact discovery in order for the court to determine whether the expert is appropriate under Fed. R. Civ. P. 703 and to reset the pretrial schedule. (Zierk, Marsha) |
|
| Tuesday, August 27, 2024 | ||
| 5 | 5
answer
Answer to Complaint
Tue 08/27 2:51 PM
ANSWER to Complaint with Jury Demand and Affirmative Defenses by Strategic Delivery Solutions, LLC.(Sonneborn, Daniel) |
|
| Wednesday, August 21, 2024 | ||
| 4 | 4
notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Wed 08/21 9:45 AM
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Cowan, Nicole) |
|
| 3 | 3
notice
Notice of Case Assignment
Wed 08/21 9:03 AM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Kinsella, Jaylannie) |
|
| Tuesday, August 20, 2024 | ||
| 2 | 2
notice
Notice - Other
Tue 08/20 5:00 PM
NOTICE by Strategic Delivery Solutions, LLC Certification of Relatedness (Sonneborn, Daniel) |
|
| 1 | 1
notice
Notice of Removal
Tue 08/20 4:54 PM
NOTICE OF REMOVAL by Strategic Delivery Solutions, LLC ( Filing fee: $ 405, receipt number AMADC-10562550 Fee Status: Filing Fee paid)(Sonneborn, Daniel) |
|
|
Att: 1
Civil Cover Sheet Civil Cover Sheet,
|
||
|
Att: 2
Category Form Category Form,
|
||
|
Att: 3
Exhibit A - State Court Pleadings,
|
||
|
Att: 4
Exhibit B - Declaration of Tamara Dyer,
|
||
|
Att: 5
Exhibit C - Notice to State Court and Adverse Parties
|
||