Singh v. Swift Air, LLC et al
| Sanjay Singh |
| Capt. James Myers, Swift Air, LLC and Capt. Wayne Mayers |
| 1:2019cv22795 |
| July 8, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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Filing 39
PAPERLESS ORDER Dismissing Case (With Prejudice) pursuant to #38 Stipulation of Dismissal with Prejudice. This case remains closed and any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 6/6/2022. (ed00)
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| Filing 38 NOTICE of Voluntary Dismissal with prejudice by Sanjay Singh (Wulwick, Jonathan) |
| Filing 37 REPORT REGARDING Status of Arbitration by Swift Air, LLC (Abbott, Daniel) |
| Filing 36 STATUS REPORT Joint Report Regarding The Status Of Arbitration by Sanjay Singh and his spouse (if married), Swift Air, LLC (Abbott, Daniel) |
| Filing 35 REPORT REGARDING The Status of Arbitration by Sanjay Singh and his spouse (if married), Swift Air, LLC (Abbott, Daniel) |
| Filing 34 NOTICE of Attorney Appearance by Jonathan D. Wulwick on behalf of Sanjay Singh. Attorney Jonathan D. Wulwick added to party Sanjay Singh(pty:pla). (Wulwick, Jonathan) |
| Filing 33 REPORT REGARDING The Status of Arbitration by Swift Air, LLC (Abbott, Daniel) |
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Filing 32
ORDER of Dismissal of USCA, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. Sanjay Singh has appealed from the district courts order denying his motion for reconsideration of the December 17, 2019 order compelling arbitration and staying proceedings in the case, which is not final or immediately appealable as to #29 Notice of Appeal, filed by Sanjay Singh, USCA # 20-11720-BB (hh)
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| Filing 31 TRANSCRIPT INFORMATION FORM by Sanjay Singh re #29 Notice of Appeal. No Transcript Requested. (hh) |
| Filing 30 Acknowledgment of Receipt of NOA from USCA re #29 Notice of Appeal, filed by Sanjay Singh. Date received by USCA: 5/4/20. USCA Case Number: 20-11720-BB. (hh) |
| Filing 29 Notice of Appeal as to 28 Order on Motion for Reconsideration by Sanjay Singh. Filing fee $ 505.00 Receipt#: FLS000012968. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: Filing Fee Receipt)(apz) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #29 Notice of Appeal, Notice has been electronically mailed. (apz) |
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Filing 28
PAPERLESS ORDER denying #24 Plaintiff's Motion for Reconsideration. Plaintiff has not stated sufficient cause for reconsideration under Fed. R. Civ. P. 60(b), nor any other Rule. See Fed. R. Civ. P. 59(b); Instituto de Prevision Militar v. Lehman Bros., Inc., 485 F. Supp. 2d 1340, 1342 (S.D. Fla. 2007) ("Courts have distilled three major grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or manifest injustice."). Plaintiff has also failed to demonstrate that "exceptional circumstances" prevented him from timely responding to Defendants Motion to Compel Arbitration as required by Rule 60(b)'s excusable neglect standard. S.E.C. v. Simmons, 241 F. App'x 660, 66263 (11th Cir. 2007); see also Solaroll Shade & Shutter Corp. v. Bio-Energy Sys., Inc., 803 F.2d 1130, 1132 (11th Cir. 1986) ("[A]n attorney's negligent failure to respond to a motion does not constitute excusable neglect[.]"). And though Plaintiff proceeds pro se, doing so does not excuse him from following the rules of this Court. See Alban v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007) ("[A]lthough we are to give liberal construction to the pleadings of pro se litigants, we nevertheless have required them to conform to procedural rules.") (internal citation and quotation omitted). The parties shall proceed to arbitration consistent with the directives set forth in the Court's prior Order [ECF No. 23]. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 27 REPORT REGARDING Joint Report Regarding The Status of Arbitration by Swift Air, LLC (Abbott, Daniel) |
| Filing 26 Response in support of #24 MOTION for Reconsideration re 23 Order on Motion to Expedite, filed by Sanjay Singh. (jao) |
| Filing 25 RESPONSE in Opposition re #24 MOTION for Reconsideration re 23 Order on Motion to Expedite,, Defendant, Swift Air's Response In Opposition To The Motion To Reconsider The Court's Order Compelling Arbitration filed by Swift Air, LLC. Replies due by 3/18/2020. (Attachments: #1 Exhibit A - Correspondence)(Abbott, Daniel) |
| Filing 24 MOTION for Reconsideration re 23 Order on Motion to Expedite to Compel Arbitration, by Sanjay Singh. (jbs) |
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Filing 23
PAPERLESS ORDER granting #22 Defendant's Expedited Motion to Compel Arbitration, as Plaintiff has failed to respond within the time prescribed by the Local Rules. See S.D. Fla. L.R. 7.1(c)(1)(A). Accordingly, this case shall be STAYED pending the results of the arbitration. The parties shall file a joint report with the Court every ninety (90) days, beginning March 16, 2020, advising as to the status of the arbitration. Either party may move to reopen when warranted. Signed by Judge Darrin P. Gayles (lfn)
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PAPERLESS ORDER STAYING CASE pursuant to the Court's 23 Order. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 22 Defendant's MOTION to Expedite Defendant, Swift Air, LLC's Expedited Motion to Compel Arbitration by Swift Air, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Abbott, Daniel) |
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Filing 21
PAPERLESS ORDER denying #20 Plaintiff's Motion for Alternative Service. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 20 MOTION for Alternative Service of Process by Sanjay Singh. (pes) |
| Filing 19 CASE REFERRED to Magistrate Judge Alicia M. Otazo-Reyes for Discovery matters per DE #18 . (vjk) |
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Filing 18
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/9/2020 before Judge Darrin P. Gayles., Calendar Call set for 11/4/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 7/29/2020 10:00 AM before Judge Darrin P. Gayles.), ( Mediation Deadline 7/1/2020.) Signed by Judge Darrin P. Gayles on 9/9/2019. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 17 SCHEDULING REPORT - Rule 26(f) by Swift Air, LLC (Attachments: #1 Text of Proposed Order)(Abbott, Daniel) |
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Filing 16
ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. John Alan Doran and Lori Wright Keffer are permitted to appear before this Court on behalf of Defendant Swift Air LLC for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Doran at jdoran@shermanhoward.com and Ms. Keffer at lkeffer@shermanhoward.com. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Swift Air, LLC identifying Other Affiliate iAero Group, Other Affiliate The Blackstone Group, Inc. for Swift Air, LLC (Abbott, Daniel) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Alan Doran and Lori Wright Keffer. Filing Fee $ 150.00 Receipt # 113C-11928005 by Swift Air, LLC. Responses due by 9/6/2019 (Attachments: #1 Text of Proposed Order proposed Order)(Abbott, Daniel) |
| Filing 13 RESPONSE in Support re #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Defendant, Swift Air's Motion To Dismiss Complaint Defendant Swift Air's Reply Memorandum Of Law In Support Of Its Motion To Dismiss The Complaint filed by Swift Air, LLC. (Abbott, Daniel) |
| Filing 12 MOTION to Request Hearing see DE #11 Response in Opposition to Motion, by Sanjay Singh for Image. (jao) |
| Filing 11 RESPONSE in Opposition/Motion to Oppose as to #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Defendant, Swift Air's Motion To Dismiss Complaint filed by Sanjay Singh. Replies due by 8/13/2019. (jao) |
| Filing 10 Consent by Pro Se Litigant (Non-Prisoner) Sanjay Singh to receive Notices of Electronic Filing at email address: sjaysingh@gmail.com (jao) |
| Filing 9 Summons Issued as to Capt. James Myers, Capt. Wayne Mayers. (cbr) |
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Filing 8
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 26, 2019, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
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| Filing 7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Defendant, Swift Air's Motion To Dismiss Complaint by Swift Air, LLC. Responses due by 8/19/2019 (Abbott, Daniel) |
| Filing 6 NOTICE of Attorney Appearance by Daniel Lawrence Abbott on behalf of Swift Air, LLC. Attorney Daniel Lawrence Abbott added to party Swift Air, LLC(pty:dft). (Abbott, Daniel) |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (lfn) |
| Filing 4 Clerks Notice of Receipt of Filing Fee received on 7/8/2019 in the amount of $ 400.00, receipt number FLS000011946 (cbr) |
| Filing 3 Summons Issued as to All Defendants. (cbr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) |
| Filing 1 COMPLAINT against Capt. James Myers, Capt. Wayne Mayers, Swift Air, LLC. Filing fees $ 400.00 paid, filed by Sanjay Singh. (Attachments: #1 Civil Cover Sheet)(drz) |
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