Benge et al v. United Parcel Service, Inc.
Plaintiff: Richard Benge, Michael Hutton, Frank James, William Quilty and Larry Tripp
Defendant: United Parcel Service, Inc.
Case Number: 2:2022cv02231
Filed: June 17, 2022
Court: US District Court for the District of Kansas
Presiding Judge: Eric F Melgren
Referring Judge: Rachel E Schwartz
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2022 Opinion or Order Filing 21 MEMORANDUM IN OPPOSITION by Plaintiffs Richard Benge, Michael Hutton, Frank James, William Quilty, Larry Tripp re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Kuhl, Albert)
August 11, 2022 Opinion or Order Filing 20 ORDER granting Parties' Joint Motion for a Protective Order (ECF No. 19). The Court grants the motion and enters the parties' proposed protective order with minor modifications, which the Court has communicated to the parties via email on August 11, 2022. Signed by Magistrate Judge Rachel E. Schwartz on 8/11/2022. (bh)
August 11, 2022 Opinion or Order Filing 19 Joint Motion Requesting Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on August 10, 2022. (referred to Magistrate Judge Rachel E. Schwartz) (bh)
August 4, 2022 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to File Response. Response deadline 8/15/2022. Signed by Chief District Judge Eric F. Melgren on 8/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
August 4, 2022 Opinion or Order Filing 17 MOTION for extension of time IN WHICH TO FILE THEIR RESPONSE TO #10 DEFENDANT'S MOTION TO DISMISS by Plaintiffs Richard Benge, Michael Hutton, Frank James, William Quilty, Larry Tripp (referred to Magistrate Judge Rachel E. Schwartz) (Kuhl, Albert) Modified docket entry relationship on 8/4/2022 (ca).
August 4, 2022 Opinion or Order Set/Reset Deadlines as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response due 8/15/2022(cm)
July 27, 2022 Opinion or Order Filing 16 SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 9/23/2022. Mediation deadline 11/18/2022. Discovery deadline 1/27/2023. Proposed Pretrial Order due by 2/8/2023. Final Pretrial Conference set for March 1, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Dispositive motion deadline 3/24/2023. The court will subsequently set this case for trial. Estimated trial time 5 days. Signed by Magistrate Judge Rachel E. Schwartz on 07/27/2022. (drk)
July 27, 2022 Opinion or Order Filing 15 MINUTE ENTRY for proceedings held before Magistrate Judge Rachel E. Schwartz: SCHEDULING CONFERENCE held on 7/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk)
July 27, 2022 Opinion or Order Filing 14 EXHIBIT(S) IN SUPPORT of #1 Notice of Removal, by Defendant United Parcel Service, Inc. - Amended Exhibit B -. (Birdsell, Bonnie)
July 18, 2022 Opinion or Order Filing 13 CERTIFICATE OF SERVICE of Defendant's Rule 26(a)(1) Initial Disclosures by United Parcel Service, Inc.. (Birdsell, Bonnie)
July 18, 2022 Opinion or Order Filing 12 CERTIFICATE OF SERVICE of Certificate of Service Plaintiff Richard Benge, Michael Hutton, Frank James, William Quilty and Larry Tripp's Initial Disclosure Statements by Richard Benge, Michael Hutton, Frank James, William Quilty, Larry Tripp. (Kuhl, Albert)
July 15, 2022 Opinion or Order Filing 11 MEMORANDUM IN SUPPORT of #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United Parcel Service, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hanslick, Jeffrey)
July 15, 2022 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United Parcel Service, Inc. (Hanslick, Jeffrey)
July 6, 2022 Opinion or Order Filing 9 ORDER granting #8 Defendant's Unopposed Motion for Extension of Time. The Court grants the motion as unopposed and for good cause shown and extends the deadline for Defendant to answer or otherwise respond to Plaintiffs' complaint up to and including July 15, 2022. Signed by Magistrate Judge Rachel E. Schwartz on 7/6/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
July 5, 2022 Opinion or Order Filing 8 Unopposed MOTION for Extension of Time to File Answer by Defendant United Parcel Service, Inc. (referred to Magistrate Judge Rachel E. Schwartz) (Birdsell, Bonnie)
June 24, 2022 Opinion or Order Filing 7 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 7/27/2022 at 03:00 PM by Telephone RES - CONFERENCE LINE 1-888-363-4749, ACCESS CODE 5705809 before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 7/6/2022. Rule 26 Initial Disclosures Deadline 7/15/2022. Proposed Scheduling Order Deadline 7/15/2022. Signed by Magistrate Judge Rachel E. Schwartz on 06/24/2022. (drk)
June 17, 2022 Opinion or Order Filing 6 SUMMONS RETURNED EXECUTED -- Service by FedEx upon United Parcel Service, Inc. on 5/27/2022 (originally filed in Johnson Co, KS District Court Case 22CV01535 on 6/1/2022). (jsh)
June 17, 2022 Opinion or Order Filing 5 CLERKS ORDER EXTENDING TIME until 7/8/2022 for Defendant United Parcel Service, Inc. to answer or otherwise plead. Signed by deputy clerk on 6/17/2022. (lb)
June 17, 2022 Opinion or Order Filing 4 CORPORATE DISCLOSURE STATEMENT by United Parcel Service, Inc . (Hanslick, Jeffrey)
June 17, 2022 Opinion or Order Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant United Parcel Service, Inc. - trial to be held in Kansas City. (Hanslick, Jeffrey)
June 17, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET by Defendant United Parcel Service, Inc. (Hanslick, Jeffrey)
June 17, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 22CV01535, Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5804063.), filed by United Parcel Service, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hanslick, Jeffrey)
June 17, 2022 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)

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Plaintiff: Richard Benge
Represented By: Albert F. Kuhl
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Plaintiff: Michael Hutton
Represented By: Albert F. Kuhl
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Plaintiff: Frank James
Represented By: Albert F. Kuhl
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Plaintiff: William Quilty
Represented By: Albert F. Kuhl
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Plaintiff: Larry Tripp
Represented By: Albert F. Kuhl
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Defendant: United Parcel Service, Inc.
Represented By: Bonnie Gail Birdsell
Represented By: Jeffrey D. Hanslick
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