Aiken v. FedEx Ground Package System, Inc.
| Clinton Von Aiken |
| FedEx Ground Package System, Inc. |
| 1:2024cv20340 |
| January 29, 2024 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Jacqueline Becerra |
| Eduardo I Sanchez |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: We hereby ORDER and ADJUDGE as follows The above-styled action shall remain CLOSED without prejudice to the parties to file a stipulation of dismissal by May 17, 2024. In re #17 Notice of Settlement filed by Clinton Von Aiken, Terminate Deadlines and Hearings Signed by Judge Roy K. Altman on 3/18/2024. See attached document for full details. (pc)
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| Filing 17 NOTICE of Settlement Joint Notice by Clinton Von Aiken (Martinez, Arturo) |
| Civil Case Terminated per DE 16 Order. Closing Case. (amb) |
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Filing 16
PAPERLESS ORDER. On March 8, 2024, the Defendant filed #15 an Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint (the "Motion"), in which the Defendant asks for an extension, through March 18, 2024, to respond to the Complaint. Motion at 2. The Defendant also tells us that "[t]he Parties are close to finalizing a resolution of this matter" and are "hopeful[ ]" that they'll be able to "reach a resolution prior to filing a responsive pleading." Id. at 1. We agree that it makes sense to give the parties some time to resolve their dispute privately. Accordingly, the Motion is GRANTED in part as follows: The Clerk of Court is directed to CLOSE this case for administrative purposes. All case deadlines are STAYED. By March 18, 2024, the parties must file one of three things: (i) a notice of settlement, (ii) a request for more time, or (iii) a motion to reopen the case and proposed scheduling order. Signed by Judge Roy K. Altman on 3/8/2024. (lcr)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by FedEx Ground Package System, Inc.. (McGlynn, Lisa) |
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Filing 14
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. SCHEDULING ORDER: ( Jury Trial set for 10/28/2024 in Miami Division before Judge Roy K. Altman., Calendar Call set for 10/22/2024 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 4/16/2024., Discovery due by 7/2/2024., Expert Discovery due by 7/2/2024., Joinder of Parties due by 4/16/2024., Mediation Deadline 7/16/2024., In Limine Motions due by 9/23/2024., Dispositive Motions due by 7/24/2024., Pretrial Stipulation due by 10/14/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/16/2024.), ORDER REFERRING CASE to Magistrate Judge Eduardo I. Sanchez for Pretrial Non-Dispositive Matters. Judge Roy K. Altman no longer assigned as presider/referral judge(s) in case. Signed by Judge Roy K. Altman on 2/28/2024. See attached document for full details. (amb) #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 13 Certificate of Other Affiliates/Corporate Disclosure Statement by FedEx Ground Package System, Inc. (McGlynn, Lisa) |
| Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Certificate of Interested Parties by Clinton Von Aiken (Martinez, Arturo) |
| Filing 11 Joint SCHEDULING REPORT - Rule 26(f) by Clinton Von Aiken (Attachments: #1 Text of Proposed Order)(Martinez, Arturo) |
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Filing 10
Order Requiring Joint Scheduling Report and Certificates of Interested Parties Joint Scheduling Report due by 2/27/2024 Signed by Judge Roy K. Altman on 2/20/2024. See attached document for full details. (pc)
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| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Clinton Von Aiken. FedEx Ground Package System, Inc. served on 1/29/2024, response/answer due 2/20/2024. (Martinez, Arturo) |
| Reset Response/Answer Due Deadline: FedEx Ground Package System, Inc. response/answer due 3/11/2024. PER DE#8 (cds) |
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Filing 8
PAPERLESS ORDER granting #7 the Defendant's Unopposed Motion for Extension of Time. The Defendant shall respond to the Complaint by March 11, 2024. We remind the Plaintiff to file proof of service on the Docket. Signed by Judge Roy K. Altman on 2/16/2024. (lcr)
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| Filing 7 MOTION for Extension of Time to Respond to Plaintiff's Complaint by FedEx Ground Package System, Inc.. Attorney Lisa Ann McGlynn added to party FedEx Ground Package System, Inc.(pty:dft). Responses due by 3/1/2024. (McGlynn, Lisa) |
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Filing 6
PAPERLESS ORDER granting #5 the Plaintiff's Motion to Excuse Compliance with Order Requiring Certificate of Counsel and Plaintiffs Affidavit (the "Motion"). The Plaintiff has informed us that "the Order and its requirements -- aimed at Title III ADA claims -- are inapplicable" because "this is an employment action for failure to accommodate, discrimination, and retaliation under Title I of the ADA[.]" Id. at 1-2. Accordingly, our Order Requiring Verified Certificate of Counsel and Verified Affidavit Regarding Visits to Property #4 is STRICKEN. Signed by Judge Roy K. Altman on 1/30/2024. (lcr)
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| Filing 5 Plaintiff's MOTION to Excuse Compliance with Court Order (D.E. 4)) re #4 Order of Requirements, by Clinton Von Aiken. (Martinez, Arturo) |
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Filing 4
(STRICKEN per DE 6 Order) ORDER REQUIRING VERIFIED CERTIFICATE OF COUNSEL REGARDING ANY PRIOR FILINGS UNDER THE AMERICANS WITH DISABILITIES ACT AND VERIFIED AFFIDAVIT REGARDING VISITS TO PROPERTY. It is therefore ORDERED that Plaintiffs counsel shall file a verified response to this Order by February 6, 2024. Signed by Judge Roy K. Altman on 1/29/2024. See attached document for full details. (pc) Text Modified on 1/30/2024 (amb).
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| Filing 3 Summons Issued as to FedEx Ground Package System, Inc.. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (pc) |
| Filing 1 COMPLAINT against FedEx Ground Package System, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17247319, filed by Clinton Von Aiken. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Martinez, Arturo) |
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| Plaintiff: Clinton Von Aiken | |
| Represented By: | Eric Alexander Hernandez |
| Represented By: | Arturo Carlos Martinez |
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| Defendant: FedEx Ground Package System, Inc. | |
| Represented By: | Lisa Ann McGlynn |
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