McDonald v. United Parcel Service, Inc. et al
| Jennifer McDonald |
| United Parcel Service, Inc. and David Hemsley |
| 4:2023cv00017 |
| January 13, 2023 |
| US District Court for the Southern District of Iowa |
| Rebecca Goodgame Ebinger |
| Stephen B Jackson |
| William P Kelly |
| Civil Rights: Jobs |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 NOTICE by Jennifer McDonald Notice of Address Change of Attorney Zwagerman. (Zwagerman, Jill) |
| Filing 33 JUDGMENT in favor of United Parcel Service, Inc., David Hemsley against Jennifer McDonald. Signed by Clerk John S. Courter on 11/30/2023. (bp) |
Filing 32
ORDER Granting #14 Motion for Judgment on the Pleadings. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 11/30/2023. (h)
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Filing 31
ORDER Denying #28 Motion to Alter or Amend Judgment. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 8/31/2023. (h)
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| Filing 30 REPLY Brief in Support of Motion to Alter or Amend Judgment re #28 MOTION to Alter Judgment filed by Jennifer McDonald.(Zwagerman, Jill) |
| Filing 29 RESPONSE to Motion re #28 MOTION to Alter Judgment filed by David Hemsley, United Parcel Service, Inc.. Replies due by 7/27/2023.(Schmoyer, Shannon) |
| Filing 28 MOTION to Alter Judgment by Jennifer McDonald.Motions referred to William P. Kelly. Responses due by 7/28/2023. (Attachments: #1 Brief in Support)(Zwagerman, Jill) |
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Filing 27
ORDER SETTING STATUS CONFERENCE: Telephonic Status Conference set for 5/22/2024 at 10:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 at the prompt to join the call. Status Report due by 5/20/2024. See Order for particulars. Signed by Magistrate Judge William P. Kelly on 7/13/2023. (rls)
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Filing 26
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Magistrate Judge William P. Kelly on 7/13/2023. (Attachments: #1 Fillable FPTO, #2 JERS Attorney Instructions) (rls)
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Filing 25
ORDER adopting #23 REGARDING PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 8/4/2023. Motions to Amend Pleadings due by 2/27/2024. Motions to Add Parties due by 2/28/2024. Plaintiffs Expert Witness Disclosures due by 3/28/2024. Defendants Expert Witness Disclosures due by 5/16/2024. Plaintiffs Rebuttal Witness Disclosures due by 6/14/2024. Discovery Deadline 8/1/2024. Dispositive Motion Deadline 8/30/2024. Final Pretrial Conference set for 12/4/2024 at 9:00 AM in Des Moines - Room 160- 1st Floor North before Judge Rebecca Goodgame Ebinger. Jury Trial set for 1/27/2025 at 9:00 AM in Des Moines - Room 160- 1st Floor North before Judge Rebecca Goodgame Ebinger. Estimated length of 5 days. For docket control purposes, #20 and #21 are terminated. Signed by Magistrate Judge William P. Kelly on 7/13/2023. (rls) Modified on 7/13/2023 to terminate remaining proposed scheduling orders. (rls).
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| Filing 24 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge William P. Kelly: Scheduling Conference held on 7/10/2023. Attorney Jill M. Zwagerman appeared for Plaintiff. Attorney Julie Tomka Bittner appeared for Defendants. Status of case discussed. Separate orders to follow. Total Court Time: 20 minutes. (rls) |
| Filing 23 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN Amended. (Attachments: #1 Exhibit A)(Zwagerman, Jill) |
| Filing 22 REPLY re #14 MOTION for Judgment on the Pleadings filed by David Hemsley, United Parcel Service, Inc..(Schmoyer, Shannon) |
| Filing 21 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Attachments: #1 Exhibit A)(Zwagerman, Jill) |
| Filing 20 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Attachments: #1 Exhibit A)(Evans, Delilah) |
| Filing 19 RESPONSE to Motion re #14 MOTION for Judgment on the Pleadings filed by Jennifer McDonald. Replies due by 7/7/2023. (Attachments: #1 Affidavit Exhibit 1 Affidavit of Jennifer McDonald)(Zwagerman, Jill) |
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Filing 18
TEXT ORDER SETTING SCHEDULING CONFERENCE. A Telephonic Scheduling Conference shall be held on 7/10/2023 at 11:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 at the prompt to join the call. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 7/3/2023. Signed by Magistrate Judge William P. Kelly on 6/16/2023. (rls)
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Filing 17
ORDER Denying #9 Motion to Remand. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 6/16/2023. (h)
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| Magistrate Judge William Patrick Kelly added. Magistrate Judge Stephen B. Jackson, Jr no longer assigned to case. (kjw) |
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Filing 16
TEXT ORDER Granting in part #15 Motion to Strike or Alternatively Motion for Additional Time. The Court grants Plaintiff's request for additional time to respond to Defendants' Motion for Judgment on the Pleadings. If appropriate, Plaintiff's response shall be filed no later than two weeks after the Court rules on the pending motion to remand. The Court denies Plaintiff's request to strike. Signed by Judge Rebecca Goodgame Ebinger on 4/7/2023. (h)
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| Filing 15 MOTION to Strike or Alternatively Motion for Additional Time by Jennifer McDonald.Motions referred to Stephen B. Jackson, Jr. Responses due by 4/20/2023. (Attachments: #1 Brief in Support)(Zwagerman, Jill) |
| Filing 14 MOTION for Judgment on the Pleadings by David Hemsley, United Parcel Service, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 4/17/2023. (Attachments: #1 Brief in Support)(Schmoyer, Shannon) |
| Filing 13 REPLY to Def. Resistance to Plaintiff's re #9 MOTION to Remand filed by Jennifer McDonald.(Zwagerman, Jill) |
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Filing 12
TEXT ORDER granting #11 Stipulation for Extension to Reply to Defendants' Resistance to Plaintiff's Motion for Remand. Plaintiff has until March 7, 2023 to file the reply. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/6/2023. (jeb)
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| Filing 11 ***MOTION for Extension of Time***STIPULATION for Extension to Reply by Jennifer McDonald. (Zwagerman, Jill) Modified on 3/6/2023 (btg). |
| Filing 10 RESPONSE to Motion re #9 MOTION to Remand filed by David Hemsley, United Parcel Service, Inc.. Replies due by 3/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schmoyer, Shannon) |
| Filing 9 MOTION to Remand by Jennifer McDonald. Responses due by 2/27/2023. (Attachments: #1 Brief in Support P-Brief in Support, #2 Exhibit P-Exhibit A, #3 Exhibit P-Exhibit B, #4 Exhibit P-Exhibit C)(Zwagerman, Jill) |
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Filing 8
TEXT ORDER granting #7 Motion to Withdraw as Counsel. Pursuant to Local Rule 83(d)(6), attorney Elissa Holman is granted leave to withdraw as counsel for plaintiff in this case. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 1/24/2023. (jeb)
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| Filing 7 MOTION to Withdraw as Attorney by Jennifer McDonald.Motions referred to Stephen B. Jackson, Jr. Responses due by 2/7/2023. (Holman, Elissa) |
| Filing 6 AMENDED ANSWER to Complaint by Shannon Brown Schmoyer on behalf of United Parcel Service, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schmoyer, Shannon) |
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Filing 5
TEXT ORDER granting #3 Motion for Leave to Appear Pro Hac Vice Delilah Evans; granting #4 Motion for Leave to Appear Pro Hac Vice Shannon B. Schmoyer. Signed by Magistrate Judge Stephen B. Jackson, Jr on 1/18/2023. (btg)
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| Filing 4 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5032014 Fee paid in the amount of $100. by David Hemsley, United Parcel Service, Inc.. (Schmoyer, Shannon) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5032010 Fee paid in the amount of $100. by David Hemsley, United Parcel Service, Inc.. (Evans, Delilah) |
| Filing 2 Corporate Disclosure/Statement of Interest by United Parcel Service, Inc.. (Regennitter, Megan) |
| Filing 1 NOTICE OF REMOVAL by United Parcel Service, Inc., David Hemsley from Iowa State District Court for Mahaska County, case number LALA075545. Filing fee paid in the amount of $ 402, receipt number AIASDC-5027582., filed by United Parcel Service, Inc., David Hemsley. Rule 16 Notice of Dismissal set for 4/13/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet)(Regennitter, Megan) |
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