Briand Esquire v. FedEx Corporation et al
Plaintiff: Briand Esquire
Defendant: FedEx Corporation formerly known as Federal Express Corporation formerly known as FDX Corporation doing business as FedEx Corporation doing business as FedEx Office Print & Ship Center also known as FedEx Office also known as Fedex Express, Frederick Wallace Smith doing business as FedEx Corporation also known as Fred Smith also known as Fred W. Smith also known as Frederick W. Smith, Rajesh Subramaniam also known as Raj Subramaniam doing business as FedEx Corporation, FedEx Office and Print Services, Inc. formerly known as FedEx Kinko's Office and Print Services, Inc. formerly known as FedEx Kinko's Office and Print Services, Inc. (#C1974134) doing business as FedEx Office and Print Services, Inc. (C3056223), Arleni Doe, Federal Express Corporation, FDX Corporation, FedEx Office, Fedex Express, Fred Smith, Fred W. Smith, Frederick W. Smith, Raj Subramaniam, Fedex Corporate Services, Inc. doing business as FedEx Corporate Services, Inc., Robert B. Carter doing business as FedEx Corporate Services, Inc., FedEx Kinko, Brian D. Philips doing business as FedEx Office and Print Services, Inc., Yesenia Maldonado, Jane Doe, David Jonathan Schneider, Heather Renee Ezelle, Nancy Perdomo, Alaina Ros, FedEx Corporation a Delaware Corporation formerly known as Federal Express Corporation formerly known as FDX Corporation doing business as FedEx Corporation doing business as FedEx Office Print & Ship Center also known as FedEx Office also known as F, Frederick Wallace Smith individually, and in his official capacity as both Chairman and CEO of FedEx Corporation, a Delaware Corporation, doing business as FedEx Corporation, individually doing business as Frederick W. Smith also known as Fred Smith, FedEx Office and Print Services, Inc. a Texas Corporation, individually formerly known as FedEx Kinko's Office and Print Services, Inc. formerly known as FedEx Kinko's Office and Print Services, Inc. (C1974134) doing business as FedEx Office and Prin, Rajesh Subramaniam also knows as Raj Subramaniam, individually, and in his official capacity as President/COO and Director of FedEx Corporation, a Delaware Corporation, doing business as FedEx Corporation (#C2172803) individually, Fedex Corporate Services, Inc. a Delaware Corporation, individually, doing business as FedEx Corporate Services, Inc., a California Corporation, (C32235740), individually, A Subsidiary of FedEx Corporation, The Parent Organization, individually doing, Robert B. Carter individually, and in his official capacity as CEO of FedEx Corporate Services, Inc., a Delaware Corporation, doing business as FedEx Corporate Services, Inc., a California Corporation, individually, Brian D. Philips individually, and in his official capacity as both President and CEO of FedEx Office and Print Services, Inc., a Texas Corporation doing business as FedEx Office and Print Services, Inc., Jane Doe, individually, and in her official working capacity as an Assistant Store Manager now at FeDex Employee at Store, Does 1 through 200, inclusive and Ruben Silva
Case Number: 2:2023cv01486
Filed: February 28, 2023
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: Fernando M Olguin
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1442 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2023 Filing 20 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motions to Dismiss #11 , #12 , #13 currently set for hearing on April 13, 2023, are taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
April 10, 2023 Opinion or Order Filing 19 SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 4/9/2024 at 9:00 AM before Judge Fernando M. Olguin. *See order for dates, deadlines and requirements imposed.* (gga)
April 7, 2023 Filing 21 PLAINTIFF'S MOTION FOR LEAVE TO FILE A SURREPLY filed by Plaintiff Briand Esquire. Motion set for hearing on 4/13/2023 at 10:00 AM before Judge Fernando M. Olguin. (lom)
April 6, 2023 Filing 18 REPLY to Plaintiff's Untimely "Objections" re: NOTICE OF MOTION AND MOTION to Dismiss for Failure to State a Claim 12(b)(6), 41(b) #13 filed by Defendant FedEx Office and Print Services, Inc.. (Attachments: #1 Proof of Service)(Nageotte, Kyle)
April 6, 2023 Filing 17 REPLY to Plaintiff's Untimely "Objections" re: NOTICE OF MOTION AND MOTION to Dismiss for Failure to State a Claim 12(b)(6), 41(b) #12 filed by Defendants Arleni Doe, Yesenia Maldonado, Nancy Perdomo, Alaina Ros, David Jonathan Schneider, Ruben Silva. (Attachments: #1 Proof of Service)(Nageotte, Kyle)
April 6, 2023 Filing 16 REPLY to Plaintiff's Untimely "Objections" re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 12(b)(2), or in the Alternative, Failure to State a Claim 12(b)(6), 41(B) #11 filed by Defendants Robert B. Carter, Heather Renee Ezelle, FedEx Corporation, Fedex Corporate Services, Inc., Brian D. Philips, Frederick Wallace Smith, Rajesh Subramaniam. (Attachments: #1 Proof of Service)(Nageotte, Kyle)
March 31, 2023 Filing 15 PLAINTIFF'S NOTICE OF OBJECTIONS TO DEFENDANT'S MOTIONS MOTION FOR LACK OF PERSONAL JURSIDICTION AND MOTION FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(b)2 and 12(b)(6) and 41(b) filed by Plaintiff Briand Esquire. (iv)
March 30, 2023 Filing 14 JOINT RULE 26(f) REPORT filed by Defendants Robert B. Carter, Arleni Doe, Heather Renee Ezelle, FedEx Corporation, FedEx Office and Print Services, Inc., Fedex Corporate Services, Inc., Yesenia Maldonado, Nancy Perdomo, Brian D. Philips, Alaina Ros, David Jonathan Schneider, Ruben Silva, Frederick Wallace Smith, Rajesh Subramaniam. (Attachments: #1 Proof of Service)(Nageotte, Kyle)
March 7, 2023 Filing 13 NOTICE OF MOTION AND MOTION to Dismiss for Failure to State a Claim 12(b)(6), 41(b) filed by Defendant FedEx Office and Print Services, Inc.. Motion set for hearing on 4/13/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum in Support of Motion to Dismiss for Failure to State a Claim 12(b)(6), 41(b), #2 Declaration of Kyle W. Nageotte in Support of Motion to Dismiss for Failure to State a Claim 12(b)(6), 41(b), #3 Proposed Order, #4 Proof of Service) (Nageotte, Kyle)
March 7, 2023 Filing 12 NOTICE OF MOTION AND MOTION to Dismiss for Failure to State a Claim 12(b)(6), 41(b) filed by California Individual Defendants Arleni Doe, Yesenia Maldonado, Nancy Perdomo, Alaina Ros, David Jonathan Schneider, Ruben Silva. Motion set for hearing on 4/13/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum in Support of Motion for Failure to State a Claim 12(b)(6), 41(b), #2 Declaration of Kyle W. Nageotte in Support of Motion for Failure to State a Claim 12(b)(6), 41(b), #3 Proposed Order, #4 Proof of Service) (Attorney Kyle William Nageotte added to party Arleni Doe(pty:dft), Attorney Kyle William Nageotte added to party Yesenia Maldonado(pty:dft), Attorney Kyle William Nageotte added to party Nancy Perdomo(pty:dft), Attorney Kyle William Nageotte added to party Alaina Ros(pty:dft), Attorney Kyle William Nageotte added to party David Jonathan Schneider(pty:dft), Attorney Kyle William Nageotte added to party Ruben Silva(pty:dft)) (Nageotte, Kyle)
March 7, 2023 Filing 11 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 12(b)(2), or in the Alternative, Failure to State a Claim 12(b)(6), 41(B) filed by Specially Appearing Defendants Robert B. Carter, Heather Renee Ezelle, FedEx Corporation, Fedex Corporate Services, Inc., Brian D. Philips, Frederick Wallace Smith, Rajesh Subramaniam. Motion set for hearing on 4/13/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Kyle W. Nageotte in Support of Motion to Dismiss, #3 Proposed Order, #4 Proof of Service) (Attorney Kyle William Nageotte added to party Robert B. Carter(pty:dft), Attorney Kyle William Nageotte added to party Heather Renee Ezelle(pty:dft), Attorney Kyle William Nageotte added to party FedEx Corporation(pty:dft), Attorney Kyle William Nageotte added to party Fedex Corporate Services, Inc.(pty:dft), Attorney Kyle William Nageotte added to party Brian D. Philips(pty:dft), Attorney Kyle William Nageotte added to party Frederick Wallace Smith(pty:dft), Attorney Kyle William Nageotte added to party Rajesh Subramaniam(pty:dft)) (Nageotte, Kyle)
March 3, 2023 Opinion or Order Filing 10 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Rule 26 Meeting Report due by 3/30/2023. Scheduling Conference set for 4/13/2023 at 10:00 AM before Judge Fernando M. Olguin. (gga)
March 3, 2023 Filing 9 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
March 2, 2023 CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Robert B. Carter, Arleni Doe, Jane Doe, Does 1 through 200, inclusive, Heather Renee Ezelle, FedEx Corporation, FedEx Office and Print Services, Inc., Fedex Corporate Services, Inc., Yesenia Maldonado, Nancy Perdomo, Brian D. Philips, Alaina Ros, David Jonathan Schneider, Frederick Wallace Smith, Rajesh Subramaniam, Ruben Silva Jury Demanded, filed by Plaintiff Briand Esquire. Filed in State Court on 8/31/2022 Submitted as Exhibit A to Notice of Errata #8 .(iv)
March 2, 2023 Filing 8 NOTICE OF ERRATA filed by Defendant FedEx Office and Print Services, Inc.. correcting Notice of Removal (Attorney Civil Case Opening), #1 (Attachments: #1 Exhibit A - Amended Complaint, #2 Proof of Service)(Nageotte, Kyle)
March 1, 2023 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Defendant Ruben Silva is listed as a Defendant on the Caption of the Notice of Removal. This Defendant however, is not listed on the caption of the State Court Complaint. (car)
March 1, 2023 Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
March 1, 2023 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
March 1, 2023 Filing 4 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Charles F. Eick. (car)
February 28, 2023 CONFORMED COPY OF COMPLAINT against Defendants Robert B. Carter, Arleni Doe, Jane Doe, Does 1 through 200, inclusive, Heather Renee Ezelle, FedEx Corporation, FedEx Office and Print Services, Inc., Fedex Corporate Services, Inc., Yesenia Maldonado, Nancy Perdomo, Brian D. Philips, Alaina Ros, David Jonathan Schneider, Frederick Wallace Smith, Rajesh Subramaniam. Jury Demanded, filed by Plaintiff Briand Esquire. Filed in State Court on 7/7/2021 Submitted with Attachment 2 Exhibit B to Notice of Removal #1 (car)
February 28, 2023 Filing 3 NOTICE of Interested Parties filed by Defendant FedEx Office and Print Services, Inc., identifying FedEx Corporation. (Attachments: #1 Proof of Service)(Nageotte, Kyle)
February 28, 2023 Filing 2 CIVIL COVER SHEET filed by Defendant FedEx Office and Print Services, Inc.. (Attachments: #1 Proof of Service)(Nageotte, Kyle)
February 28, 2023 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV25314 with filing fee previously paid (402.00 paid on 02/28/2023, receipt number 34869122), filed by Defendant FedEx Office and Print Services, Inc.. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Proof of Service) (Attorney Kyle William Nageotte added to party FedEx Office and Print Services, Inc.(pty:dft))(Nageotte, Kyle)

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Search for this case: Briand Esquire v. FedEx Corporation et al
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Defendant: FedEx Corporation formerly known as Federal Express Corporation formerly known as FDX Corporation doing business as FedEx Corporation doing business as FedEx Office Print & Ship Center also known as FedEx Office also known as Fedex Express
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Defendant: Frederick Wallace Smith doing business as FedEx Corporation also known as Fred Smith also known as Fred W. Smith also known as Frederick W. Smith
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Defendant: Rajesh Subramaniam also known as Raj Subramaniam doing business as FedEx Corporation
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Defendant: FedEx Office and Print Services, Inc. formerly known as FedEx Kinko's Office and Print Services, Inc. formerly known as FedEx Kinko's Office and Print Services, Inc. (#C1974134) doing business as FedEx Office and Print Services, Inc. (C3056223)
Represented By: Kyle William Nageotte
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Defendant: Arleni Doe
Represented By: Kyle William Nageotte
Represented By: James M Peterson
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Defendant: Federal Express Corporation
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: FDX Corporation
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: FedEx Office
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Fedex Express
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Fred Smith
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Fred W. Smith
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Frederick W. Smith
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Defendant: Raj Subramaniam
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Defendant: Fedex Corporate Services, Inc. doing business as FedEx Corporate Services, Inc.
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Defendant: Robert B. Carter doing business as FedEx Corporate Services, Inc.
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Defendant: FedEx Kinko
Represented By: Kyle William Nageotte
Represented By: James M Peterson
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Defendant: Brian D. Philips doing business as FedEx Office and Print Services, Inc.
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Defendant: Yesenia Maldonado
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Jane Doe
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: David Jonathan Schneider
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Heather Renee Ezelle
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Nancy Perdomo
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Alaina Ros
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: FedEx Corporation a Delaware Corporation formerly known as Federal Express Corporation formerly known as FDX Corporation doing business as FedEx Corporation doing business as FedEx Office Print & Ship Center also known as FedEx Office also known as F
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Frederick Wallace Smith individually, and in his official capacity as both Chairman and CEO of FedEx Corporation, a Delaware Corporation, doing business as FedEx Corporation, individually doing business as Frederick W. Smith also known as Fred Smith
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: FedEx Office and Print Services, Inc. a Texas Corporation, individually formerly known as FedEx Kinko's Office and Print Services, Inc. formerly known as FedEx Kinko's Office and Print Services, Inc. (C1974134) doing business as FedEx Office and Prin
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Rajesh Subramaniam also knows as Raj Subramaniam, individually, and in his official capacity as President/COO and Director of FedEx Corporation, a Delaware Corporation, doing business as FedEx Corporation (#C2172803) individually
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Fedex Corporate Services, Inc. a Delaware Corporation, individually, doing business as FedEx Corporate Services, Inc., a California Corporation, (C32235740), individually, A Subsidiary of FedEx Corporation, The Parent Organization, individually doing
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Robert B. Carter individually, and in his official capacity as CEO of FedEx Corporate Services, Inc., a Delaware Corporation, doing business as FedEx Corporate Services, Inc., a California Corporation, individually
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Brian D. Philips individually, and in his official capacity as both President and CEO of FedEx Office and Print Services, Inc., a Texas Corporation doing business as FedEx Office and Print Services, Inc.
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Jane Doe, individually, and in her official working capacity as an Assistant Store Manager now at FeDex Employee at Store
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Defendant: Does 1 through 200, inclusive
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Defendant: Ruben Silva
Represented By: James M Peterson
Represented By: Kyle William Nageotte
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Plaintiff: Briand Esquire
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