Clark v. West Iris Transport, Inc. et al
Plaintiff: Arinn Clark
Defendant: Federal Express Corporation, Patton Logistics Inc., West Iris Transport, Inc. and Fedex Ground Package System, Inc.
Case Number: 2:2018cv00168
Filed: September 17, 2018
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: William O Bertelsman
Referring Judge: Candace J Smith
Nature of Suit: Labor: Fair Standards
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on April 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2020 Opinion or Order Filing 85 ORDER: That FedEx Ground Package System, Inc. is dismissed from the case and Plaintiff's claims against it are dismissed with prejudice, each partyto bear their own fees and costs, with respect to the above-captioned matter.In light of the dismissal, it is further ORDERED that Defendant FedEx Ground Package System Inc.'s Motion for Summary Judgment and Rule 12(b)(1) Motion to Dismiss #77 is hereby dismissed. Signed by Judge William O. Bertelsman on 4/3/2020.(ECO)cc: COR
April 2, 2020 Filing 84 JOINT STATUS REPORT and Stipulation of Dismissal by Arinn Clark. (Attachments: #1 Proposed Order to Joint Status Report and Stipulation to Dismissal)(Hogg, William)
March 23, 2020 Opinion or Order Filing 83 ORDER: That the parties shall file a joint or separate status report within ten (10) days, i.e., April 2, 2020, informing the Court how each party wishes to proceed now that Plaintiffs Motion for Attorneys Fees and Costs has been adjudicated. In the meantime, the previously ordered stay shall remain in place. Signed by Magistrate Judge Candace J. Smith on 3/23/2020.(ECO)cc: COR
March 19, 2020 Opinion or Order Filing 82 ORDER: That the Report and Recommendation #80 is hereby adopted and that Clark's motion for attorney fees #53 be, and hereby is, denied in part and granted in part and that Plaintiff shall be awarded the sum of $11,881.00 as reasonable attorney fees and the sum of $440.00 in costs, for a total of $12,321.00. Signed by Judge William O. Bertelsman on 3/19/2020.(ECO)cc: COR
March 2, 2020 Opinion or Order Filing 81 ORDER: That the construed Joint Motion #79 to stay pending resolution of Plaintiff's Motion for Attorneys' Fees and Costs is GRANTED. All proceedings as to Plaintiff's claims against FedEx are hereby STAYED, including all briefing on said Defendant's Motion for Summary Judgment and Rule 12(b)(1) Motion to Dismiss, pending the District Judge's decision on Plaintiff's Motion for Attorneys' Fees and Costs. Signed by Magistrate Judge Candace J. Smith on 3/2/2020. (ECO)cc: COR
February 27, 2020 Filing 80 REPORT AND RECOMMENDATIONS: Clark's request of $231,697.50 in attorney fees would represent a windfall and $3,221.05 in costs is unwarranted. Clark's motion for attorney fees #53 should be denied, in part, to the extent that he seeks these sums. Under the lodestar approach, it is recommended that the motion be granted, in part, and that the presiding District Judge award $11,881.00 as a reasonable fee and $440.00 in costs, for a total of $12,321.00. Objections to R&R due in 14 days. Signed by Magistrate Judge Candace J. Smith on 2/27/2020.(ECO)cc: COR
February 26, 2020 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #79 MOTION to Stay by Arinn Clark STIPULATED REQUEST TO STAY PROCEEDINGS PENDING RESOLUTION OF PLAINTIFFS MOTION FOR ATTORNEYS FEES AND COSTS (ECO)
February 25, 2020 Filing 79 MOTION to Stay by Arinn Clark STIPULATED REQUEST TO STAY PROCEEDINGS PENDING RESOLUTION OF PLAINTIFFS MOTION FOR ATTORNEYS FEES AND COSTS Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hogg, William)
February 24, 2020 Filing 78 NOTICE by Arinn Clark NOTICE OF CHANGE OF FIRM NAME (Hogg, William)
February 11, 2020 Filing 77 MOTION for Summary Judgment by Fedex Ground Package System, Inc. and Rule 12(b)(1) Motion to Dismiss (Attachments: #1 Exh A - Bizzell Decl, #2 Exh B - Large Decl, #3 Exh C - Patton Decl, #4 Exh D - Banks Decl, #5 Proposed Order)(Scott, Jessica)
January 3, 2020 Filing 76 MINUTE ENTRY ORDER FOR TELEPHONIC ORAL ARGUMENT held on 1/3/2020 before Magistrate Judge Candace J. Smith: Defendant FedEx Ground Package System, Inc's Motion for Protective Order #63 is GRANTED. (Tape #KYED-COV__2-18-cv-168-WOB-CJS_2020010_102756.) Signed by Candace J. Smith. (TJZ)cc: COR
December 19, 2019 Opinion or Order Filing 75 ORDER: That the telephonic oral argument on Defendant FedEx Ground Package System, Inc.'s Motion for a Protective Order #63 is hereby rescheduled for Friday, January 3, 2020, at 10:30 a.m. EST. Counsel shall connect to the conference five minutes before the call is scheduled to begin. Signed by Magistrate Judge Candace J. Smith on 12/19/2019.(ECO)cc: COR
December 19, 2019 Set/Reset Hearings: Telephonic Oral Argument Hearing set for 1/3/2020 10:30 AM EST. (ECO)
December 13, 2019 Filing 74 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/13/2019 before Magistrate Judge Candace J. Smith: Chambers to reach out to all counsel by email to reschedule the oral argument. (Tape #KYED-COV_2-18-cv-168-WOB-CJS-20191213_095912.) (TJZ)cc: COR
December 6, 2019 Opinion or Order Filing 73 VIRTUAL ORDER: granting #70 Motion for Jessica G. Scott to Appear Pro Hac Vice on behalf of Defendant FedEx Ground Package System, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 12/6/2019. (ECO)cc: COR w/copy of ECF Registration Form to Atty Scott
December 3, 2019 Opinion or Order Filing 72 ORDER: Telephonic oral argument is rescheduled for 12/13/2019 at10:30 a.m. EST before Magistrate Judge Candace J. Smith. Counsel shall connect five minutes before the call is scheduled to begin. Signed by Magistrate Judge Candace J. Smith on 12/3/2019.(TJZ)cc: COR
December 3, 2019 Filing 71 NOTICE OF FILING by Fedex Ground Package System, Inc. re #63 MOTION for Protective Order by Fedex Ground Package System, Inc. (Attachments: #1 Exhibit Plaintiff's Interrogatories, Set One (Amended), #2 Exhibit Plaintiff's Requests for Production, Set One (Amended))(Cornell, Laurel)
December 2, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #70 MOTION for Jessica G. Scott to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4532256) (ECO)
December 2, 2019 BAR STATUS Check completed as to Jessica G. Scott re #70 MOTION for Jessica G. Scott to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4532256). (ECO)
November 27, 2019 Filing 70 MOTION for Jessica G. Scott to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4532256)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B -Cert of Good Standing, #3 Proposed Order)(Cornell, Laurel)
November 22, 2019 Opinion or Order Filing 69 ORDER: That a TELEPHONIC ORAL ARGUMENT on Defendant FedEx Ground Package System, Inc.'s Motion for a Protective Order #63 will be held on Wednesday, December 4, 2019, at 11:30 a.m. EST. Counsel shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 877-873-8017. Then, when prompted to enter the participant access code, enter 7604592. Signed by Magistrate Judge Candace J. Smith on 11/22/2019.(ECO)cc: COR
November 15, 2019 Opinion or Order Filing 68 ORDER: the parties' Joint Stipulation #67 , construed as the parties' Joint Motion to Modify Scheduling Order, is granted. The parties shall have until 6/8/2020 to complete all discovery and until 7/8/2020 to file any dispositive motions. Signed by Magistrate Judge Candace J. Smith on 11/15/2019.(TJZ)cc: COR
November 12, 2019 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #67 Stipulation (KRB)
November 11, 2019 Filing 67 STIPULATION To Modify Scheduling Order by Arinn Clark. (Hogg, William)
October 29, 2019 Filing 66 REPLY to Response to Motion re #63 MOTION for Protective Order by Fedex Ground Package System, Inc. filed by Fedex Ground Package System, Inc.. (Attachments: #1 Exhibit A - Declaration of Nathan J. Mollenhauer)(Cornell, Laurel)
October 29, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #63 MOTION for Protective Order by Fedex Ground Package System, Inc. (ECO)
October 15, 2019 Filing 65 RESPONSE in Opposition re #63 MOTION for Protective Order by Fedex Ground Package System, Inc. filed by Arinn Clark. (Hogg, William)
October 3, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #63 MOTION for Protective Order by Fedex Ground Package System, Inc. , ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #64 Notice of Supplemental Authority re: #63 (ECO)
October 2, 2019 Filing 64 NOTICE by Fedex Ground Package System, Inc. re #63 MOTION for Protective Order by Fedex Ground Package System, Inc. (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - Memorandum Opinion in Sullivan-Blake, W.Dist. PA case, #2 Exhibit B - Order in Sullivan-Blake, W.Dist. PA case)(Cornell, Laurel)
September 25, 2019 MOTIONS REFERRED: #53 MOTION for Attorney Fees by Arinn Clark Motions referred to Candace J. Smith. (ECO)
September 24, 2019 Filing 63 MOTION for Protective Order by Fedex Ground Package System, Inc. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Cornell, Laurel)
September 20, 2019 Filing 62 NOTICE of Change of Address by William H. Hogg (Hogg, William)
August 27, 2019 Opinion or Order Filing 61 ORDER: That Plaintiff's Motion for Leave to File Excess Pages #59 is GRANTED. Signed by Judge William O. Bertelsman on 8/27/2019. (ECO)cc: COR
August 27, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #53 MOTION for Attorney Fees by Arinn Clark (ECO)
August 27, 2019 NOTICE OF DOCKET MODIFICATION TO Ori Edelstein re: #60 Reply; Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (ECO)
August 26, 2019 Filing 60 REPLY to #57 Motion for Attorney Fees by Arinn Clark filed by Arinn Clark. (Attachments: #1 Affidavit of Carolyn H. Cottrell, #2 Exhibit 1 to Declaration of Carolyn H. Cottrell, #3 Affidavit of William M. Hogg, #4 Exhibit 1 to Declaration of William M. Hogg)(Edelstein, Ori) Modified on 8/27/2019 (ECO).
August 26, 2019 Filing 59 MOTION for Leave to File Excess Pages by Arinn Clark for #53 Fee Petition and #60 Reply Brief Related to Fee Petition. (Attachments: #1 Proposed Order)(Edelstein, Ori) Modified text to take out referral language and create links to documents on 8/27/2019 (ECO).
August 16, 2019 Opinion or Order Filing 58 ORDER: Upon consideration of Defendants' Motion for Leave to File Excess Pages #56 IT IS ORDERED that Defendants Motion for Leave is GRANTED.. Signed by Magistrate Judge Candace J. Smith on 08/15/2019. (KRB)cc: COR
August 12, 2019 Filing 57 RESPONSE to #53 Defendants West Iris Transport, Inc. and Patton Logistics, Inc's Response to Plaintiff's Motion for Attorneys' Fees and Costs filed by Patton Logistics Inc., West Iris Transport, Inc.. (Attachments: #1 Exhibit Ex. A-Declaration of Deborah S. Adams, #2 Exhibit Ex. B-Declaration of Mauritia G. Kamer, #3 Exhibit Ex.C-Tally of Suggested Fees, #4 Exhibit Ex. D-Declaration of Brian C. Neal, #5 Exhibit Ex. 1 to Dec. of B. Neal-Email, #6 Exhibit Ex. 2 to Dec. of B. Neal-Motions to Strike, #7 Exhibit Ex. 3 to Dec. of B. Neal-Complaints, #8 Proposed Order Proposed Order)(Neal, Brian)
August 12, 2019 Filing 56 MOTION for Leave to File Excess Pages by Patton Logistics Inc., West Iris Transport, Inc. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order Granting Motion to File Excess Pages)(Neal, Brian)
July 24, 2019 Filing 55 NOTICE OF FILING by Arinn Clark re #53 MOTION for Attorney Fees by Arinn Clark Notice of Filing of Proposed Order (Attachments: #1 Proposed Order)(Hogg, William)
July 24, 2019 NOTICE OF DOCKET MODIFICATIONS TO William Hogg re #53 Motion for Attorney Fees; Error 1: the Declaration to #53 was incorrectly filed using the event "motion." Entry by attorney. Clerk termed the motion and modified the docket text at #54 to correctly describe the pleading. In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action is required as to Error 1. Error 2: attachments were insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel as to Error 2. cc: COR (ECO)
July 23, 2019 Filing 54 DECLARATIONS AND EXHIBITS in support #53 Motion for Attorney Fees by Arinn Clark (Attachments: #1 Exhibit-Cottrell Declaration, #2 Exhibit-Billing Records, #3 Exhibit-Billing Records, #4 Exhibit-Counsel Hours and Fees, #5 Exhibit-Communicating Fees, #6 Exhibit-Firm Costs, #7 Exhibit-Spreadsheet, #8 Exhibit-California Ct. Document, #9 Exhibit-California Ct. Document, #10 Exhibit-California Order, #11 Affidavit of Michael Abate)(Hogg, William) Modified text and correctly described exhibits on 7/24/2019 (ECO).
July 23, 2019 NOTICE OF DEFICIENCY TO William Hogg re #53 MOTION for Attorney Fees; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare adocument entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (ECO)
July 22, 2019 Filing 53 MOTION for Attorney Fees by Arinn Clark (Hogg, William) (Additional attachment(s) added on 7/24/2019: #1 Proposed Order) (ECO). Modified to remove referral on 9/24/2019 (LST).
July 1, 2019 Opinion or Order Filing 52 JOINT JUDGMENT: 1. Patton Logistics and West Iris served an Offer of Judgment on Plaintiff on November 28, 2018 attached hereto as Exhibit A;2. Plaintiff accepted Defendants' Offer of Judgment on December 10, 2018;3. As a consequence, in accordance with the Offer of Judgment, the Court enters judgment on Plaintiff's claims in this case against Patton Logistics and West Iris and awards Plaintiff the total amount of $3,000.00, plus Plaintiff's reasonable attorneys' fees, together with expenses and costs, to be determined by the Court in accordance with applicable law governing such recovery; 4. Plaintiff has twenty-one (21) days from entry of this Joint Judgment to file an attorneys' fee petition with the Court, as well as to file a bill of costs with the Clerk; and 5. Upon entry of an Order determining the amount of attorneys' fees, costs, and expenses recoverable by Plaintiff's counsel against Patton Logistics and West Iris in this action the claims of Plaintiff against Defendants West Iris and Patton Logistics will be dismissed with prejudice as to Plaintiff and without prejudice as to the putative class members. The Court shall retain jurisdiction to enforce the judgment. Signed by Judge William O. Bertelsman on 7/1/2019.(ECO)cc: COR
June 28, 2019 Filing 51 NOTICE OF FILING by Patton Logistics Inc., West Iris Transport, Inc. re #50 Order, #48 Order on Motion to Strike, Motion Hearing, Notice of Filing Proposed Joint Judgment (Attachments: #1 Supplement Proposed Joint Judgment)(Neal, Brian) Modified text on 7/1/2019 (ECO).
June 21, 2019 Opinion or Order Filing 50 ORDER: That the Motion #49 is GRANTED. Plaintiff and Defendants shall have until Friday, June 28, 2019, to submit the proposed Joint Judgment. Signed by Judge William O. Bertelsman on 6/21/2019.(ECO)cc: COR
June 20, 2019 Filing 49 MOTION for Extension of Time to File by Patton Logistics Inc. Motion for Additional Time to File Proposed Joint Judgment. (Attachments: #1 Proposed Order Proposed Order granting Motion)(Neal, Brian) Modified text to take out referral language on 6/21/2019 (ECO).
June 6, 2019 Opinion or Order Filing 48 MINUTE ENTRY ORDER FOR MOTION HEARING held on 6/4/2019 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (1)Plaintiff and Defendants West Iris Transport, Inc. and Patton Logistics Inc. are to confer and submit a proposed joint judgment within ten (10) days; (2)Plaintiff's pending motions ( #30 , #35 ) be, and are hereby, denied; (3) The Court was advised that FedEx Ground Package System, Inc. may attempt to resolve the claims brought against it by Plaintiff, as well. As the matter currently stands concerning Defendant FedEx Ground Package System, Inc., though, the parties have six (6) months to engage in discovery, and they must file any dispositive motion within thirty (30) days following the end of discovery. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 6/6/2019. (ECO)cc: COR
June 3, 2019 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #30 MOTION to Strike by Arinn Clark (ECO)
May 31, 2019 Filing 47 REPLY to Response to Motion re #30 MOTION to Strike by Arinn Clark filed by Arinn Clark. (Schneider, Peter)
May 28, 2019 Filing 46 RESPONSE to Motion re #30 MOTION to Strike by Arinn Clark filed by Patton Logistics Inc., West Iris Transport, Inc.. (Filed per Order DE #45 ). (ECO)
May 28, 2019 Opinion or Order Filing 45 ORDER: That these motions #42 Motion to Amend/Correcte: #36 Response to Motion; #43 Motion for Extension of Time to File Response/Reply re: #30 Motion to Strike be, and are hereby, GRANTED. Signed by Judge William O. Bertelsman on 5/28/2019. (ECO)cc: COR Modified bold text on 5/28/2019 (ECO).
May 24, 2019 Opinion or Order Filing 44 VIRTUAL ORDER: granting #41 MOTION for Ori Edelstein to Appear Pro Hac Vice as counsel for Plaintiff Arinn Clark, on behalf of himself and all others similarly situated, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 5/24/2019. (TJZ)cc: COR, Ori Edelstein w/ ECF Registration Form
May 24, 2019 Filing 43 MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Strike by Arinn Clark by Patton Logistics Inc., West Iris Transport, Inc. . (Attachments: #1 Exhibit Exhibit A-Proposed Response, #2 Proposed Order Proposed Order)(Neal, Brian) Modified to take out referral language on 5/28/2019 (ECO).
May 24, 2019 Filing 42 MOTION to Amend/Correct #36 Response to Motion, by Patton Logistics Inc., West Iris Transport, Inc. Motion to File Correct Docket Entry 36-2 . (Attachments: #1 Exhibit Ex. A-Corrected exhibit (DE 36-2))(Neal, Brian) Modified to take out referral language on 5/28/2019 (ECO).
May 22, 2019 BAR STATUS Check completed as to Ori Edelstein re #41 MOTION for Ori Edelstein to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4365201). (ECO)
May 22, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #41 MOTION for Ori Edelstein to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4365201) (ECO)
May 21, 2019 Filing 41 MOTION for Ori Edelstein to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4365201)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Affidavit of Ori Edelstein, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Abate, Michael)
May 8, 2019 Opinion or Order Filing 40 ORDER: That ORAL ARGUMENT HEARING on said motions ( #30 , #35 ) be, and is hereby, set for Tuesday, June 4, 2019 01:00 PM in Covington. Signed by Judge William O. Bertelsman on 5/8/2018.(ECO)cc: COR
February 1, 2019 Opinion or Order Filing 39 ORDER: 1) That Plaintiff's Motion for Extension of Time #38 is GRANTED; 2) Plaintiff's deadline to file his Reply to Patton Defendants' Response to Plaintiff's Motion to Strike Notice of Acceptance #35 is extended until 1:00 a.m. Eastern Standard Time on January 31, 2019; and 3) Plaintiff's filed Reply #37 is deemed timely. Signed by Judge William O. Bertelsman on 2/1/2019.(ECO)cc: COR
February 1, 2019 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #35 MOTION to Strike by Arinn Clark , #38 MOTION for Extension of Time to File Response/Reply by Arinn Clark , #30 MOTION to Strike by Arinn Clark (ECO)
January 31, 2019 Filing 38 MOTION for Extension of Time to File Response/Reply by Arinn Clark . (Attachments: #1 Proposed Order)(Hogg, William) Modified text to take out referral language on 2/1/2019 (ECO).
January 31, 2019 Filing 37 REPLY to Response to Motion re #35 MOTION to Strike by Arinn Clark filed by Arinn Clark. (Hogg, William)
January 16, 2019 Filing 36 RESPONSE to Motion re #35 MOTION to Strike by Arinn Clark filed by Patton Logistics Inc., West Iris Transport, Inc.. (Attachments: #1 "INCORRECT Exhibit Ex. A - Email 12-4-18" (See Attachment #7 for correct Exhibit Ex A). , #2 Exhibit Ex. B - Email 12-13-18, #3 Exhibit Ex. C - Checks dated 5-4-18 and 5-11-18, #4 Exhibit Ex. D - KY Dept. of Labor ltr 7-12-18, #5 Exhibit Ex. E - Letter 11-14-18, #6 Proposed Order Proposed Order)(Neal, Brian) (Additional attachment(s) added on 5/28/2019: #7 "CORRECTED Ex. A-(DE 36-2)") (ECO).
December 27, 2018 Filing 35 MOTION to Strike #31 NOTICE of Acceptance with Offer of Judgment by Arinn Clark (Attachments: #1 Exhibit Ex. A Neal Email After Acceptance, #2 Exhibit Ex. B Neal Email with Draft of Notice, #3 Exhibit Ex.C WMH Response to Neal Email, #4 Exhibit Ex. D WMH Response to Neal Email, #5 Exhibit Ex. E WMH Email to Neal with CC, #6 Proposed Order Motion to Strike Notice of Acceptance, #7 Proposed Order Granting Sanctions)(Hogg, William) Modified to remove referral on 12/28/2018 (LST).
December 19, 2018 Opinion or Order Filing 34 ORDER: That the call of this matter at Docket Call on Wednesday, January 9, 2019 at 1:00 p.m. be, and hereby is, VACATED. Signed by Judge William O. Bertelsman on 12/19/2018.(ECO)cc: COR
December 19, 2018 Opinion or Order Filing 33 ORDER: That said DOCKET CALL be, and hereby is, set for WEDNESDAY, JANUARY 9, 2019 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 12/19/2018.(ECO)cc: COR
December 18, 2018 NOTICE OF DOCKET MODIFICATION TO William Hogg re #32 Notice of Acceptance with Offer of Judgment; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
December 17, 2018 Filing 32 NOTICE of Acceptance with Offer of Judgment by Arinn Clark (Attachments: #1 Exhibit A-Offer of Judgment , #2 Exhibit B-Email dated 12/10/2018)(Hogg, William) Modified to better describe exhibits on 12/18/2018 (ECO).
December 17, 2018 Filing 31 NOTICE of Acceptance with Offer of Judgment by Patton Logistics Inc., West Iris Transport, Inc. (Attachments: #1 Exhibit Exhibit A - Offer of Judgment, #2 Exhibit Exhibit B - Acceptance of Offer of Judgment)(Neal, Brian)
December 4, 2018 Filing 30 MOTION to Strike West Iris Transport, Inc.'s and Patton Logistics Inc.'s Affirmative and Other Defenses by Arinn Clark (Attachments: #1 Proposed Order)(Hogg, William) Modified to better describe document on 12/5/2018 (ECO). Modified to remove referral on 12/28/2018 (LST).
December 3, 2018 Opinion or Order Filing 29 VIRTUAL ORDER: granting #27 MOTION for Joseph P. McHugh to Appear Pro Hac Vice on behalf of Defendant FedEx Ground Package System, Inc., the requirements of Joint Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 12/03/2018. (KRB)cc: COR Joseph P. McHugh w/ECR registration Modified text on 12/5/2018 (KRB).
December 3, 2018 Opinion or Order Filing 28 VIRTUAL ORDER: granting #26 MOTION for Melissa McCoy Gormly to Appear Pro Hac Vice on behalf of Defendant FedEx Ground Package System, Inc., the requirements of Joint Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 12/03/2018. (KRB)cc: COR
November 29, 2018 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #27 MOTION for Joseph P. McHugh to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4223934), #26 MOTION for Melissa McCoy Gormly to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4223922) (ECO)
November 29, 2018 BAR STATUS Check completed as to Melissa Gormly, Joseph P. McHugh re #27 MOTION for Joseph P. McHugh to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4223934), #26 MOTION for Melissa McCoy Gormly to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4223922). (ECO)
November 28, 2018 Filing 27 MOTION for Joseph P. McHugh to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4223934)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - McHugh Affidavit, #2 Exhibit B - McHugh Certificate of Good Standing, #3 Proposed Order)(Cornell, Laurel)
November 28, 2018 Filing 26 MOTION for Melissa McCoy Gormly to Appear Pro Hac Vice by Fedex Ground Package System, Inc. ( Filing fee $125; receipt number 0643-4223922)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Gormly Affidavit, #2 Exhibit B - Gormly Certificate of Good Standing, #3 Proposed Order)(Cornell, Laurel)
November 13, 2018 Filing 25 ANSWER to #17 Amended Complaint by Fedex Ground Package System, Inc..(Cornell, Laurel)
November 13, 2018 Filing 24 FRCP 7.1 DISCLOSURE STATEMENT by Patton Logistics Inc.. (Neal, Brian)
November 13, 2018 Filing 23 FRCP 7.1 DISCLOSURE STATEMENT by West Iris Transport, Inc.. (Neal, Brian)
November 13, 2018 Filing 22 ANSWER to #17 Amended Complaint by Patton Logistics Inc..(Neal, Brian)
November 13, 2018 Filing 21 ANSWER to #17 Amended Complaint by West Iris Transport, Inc..(Neal, Brian)
November 2, 2018 Filing 20 CERTIFICATE OF SERVICE by Arinn Clark (Hogg, William)
October 30, 2018 Filing 19 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Fedex Ground Package System, Inc. identifying Corporate Parent FedEx Corporation for Fedex Ground Package System, Inc... (Cornell, Laurel)
October 30, 2018 Filing 18 NOTICE of Appearance by Laurel K. Cornell on behalf of Fedex Ground Package System, Inc. (Cornell, Laurel)
October 26, 2018 Filing 17 AMENDED COMPLAINT against Fedex Ground Package System, Inc., Patton Logistics Inc., West Iris Transport, Inc., filed by Arinn Clark.(Abate, Michael)
October 22, 2018 Filing 16 WAIVER OF SERVICE Returned Executed by Arinn Clark. Fedex Ground Package System, Inc. waiver sent on 10/12/2018, answer due 12/11/2018. (Abate, Michael)
October 17, 2018 Opinion or Order Filing 15 VIRTUAL ORDER: granting #11 Motion for William M. Hogg to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Arinn Clark, the requirements of Joint Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 10/17/2018. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Atty William M. Hogg.
October 17, 2018 Opinion or Order Filing 14 VIRTUAL ORDER: granting #10 Motion for Peter B. Schneider to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Arinn Clark, the requirements of Joint Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 10/17/2018. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Atty Peter B. Schneider.
October 16, 2018 Opinion or Order Filing 13 VIRTUAL ORDER: granting in part #6 Plaintiff's Motion to Amend Case Caption. Plaintiff points out that the Complaint #1 identified and presented claims against Fedex Ground Package System, Inc., but said corporation was not listed as a defendant in the title of the Complaint nor was a summons issued for it (see #3 ). Plaintiff further points out that Federal Civil Rule 10(a) calls for the title of the complaint in a case to name all parties. In light of this circumstance, along with the recent termination of Defendant Federal Express Corporation pursuant to Plaintiff's Rule 41 compliant Notice of Voluntary Dismissal #7 , the Court concludes the appropriate procedural course to effectuate amendment of the case caption is for Plaintiff to file an Amended Complaint, which Amended Complaint can include Fedex Ground Package System, Inc. in the title and eliminate the references to now voluntarily dismissed Defendant Federal Express Corporation. Plaintiff can also at that time seek issuance of a summons directed to Fedex Ground Package System, Inc. Plaintiff shall file said Amended Complaint by October 26, 2018. Signed by Magistrate Judge Candace J. Smith on 10/16/2018.(ECO)cc: COR
October 16, 2018 Opinion or Order Filing 12 ORDER: Defendants' Motion for Extension of Time to File Answer #5 is GRANTED. By agreement of counsel for Plaintiff and counsel for Defendants, Patton Logistics, Inc. and West Iris Transport, Inc., Defendants shall have up to and including 11/10/2018, to answer or otherwise respond to Plaintiff's Complaint #1 . Signed by Magistrate Judge Candace J. Smith on 10/16/2018.(ECO)cc: COR
October 15, 2018 Filing 11 MOTION for William M. Hogg to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4191584)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of William H. Hogg, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Abate, Michael) Modified text to correctly describe attachment 1 on 10/15/2018 (ECO).
October 15, 2018 Filing 10 MOTION for Peter B. Schneider to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4191580)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Peter B. Schneider, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Abate, Michael) Modified text to correctly describe attachment 1 on 10/15/2018 (ECO).
October 15, 2018 Filing 9 NOTICE TO ATTORNEY William H. Hogg by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Admission Info and Routing Form - No record)(ECO)
October 15, 2018 Filing 8 NOTICE TO ATTORNEY Peter B. Schneider by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Admission Info and Routing Form - No record)(ECO)
October 15, 2018 Party Federal Express Corporation terminated (per Chambers) re: DE #7 . (ECO)
October 15, 2018 NOTICE OF DOCKET MODIFICATION TO Michael Abate re #10 MOTION for Peter B. Schneider to Appear Pro Hac Vice and #11 MOTION for William M. Hogg to Appear Pro Hac Vice; Error: the attachments (affidavits) were insufficiently described as Affidavit. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
October 15, 2018 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #10 MOTION for Peter B. Schneider to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4191580), #11 MOTION for William M. Hogg to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4191584) (ECO)
October 15, 2018 BAR STATUS Check completed as to Peter B. Schneider, William H. Hogg re #11 MOTION for William M. Hogg to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4191584), #10 MOTION for Peter B. Schneider to Appear Pro Hac Vice by Arinn Clark ( Filing fee $125; receipt number 0643-4191580). (ECO)
October 12, 2018 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #7 Notice of Voluntary Dismissal of Defendant Federal Express Corporation (ECO)
October 12, 2018 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #6 MOTION to amend case caption by Arinn Clark (ECO)
October 11, 2018 Filing 7 NOTICE by Arinn Clark of voluntary dismissal of Defendant Federal Express Corporation (Abate, Michael)
October 11, 2018 Filing 6 MOTION to amend case caption by Arinn Clark Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Abate, Michael)
October 11, 2018 Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint by Patton Logistics Inc., West Iris Transport, Inc. Unopposed Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Agreed Order)(Neal, Brian)
October 11, 2018 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #5 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by Patton Logistics Inc., West Iris Transport, Inc. Unopposed (ECO)
September 18, 2018 Conflict Check run. (KRB)
September 17, 2018 Filing 3 Summons Issued as to Federal Express Corporation, Patton Logistics Inc., West Iris Transport, Inc.; Summons issued and returned to counsel electronically (KRB)
September 17, 2018 Opinion or Order Filing 2 STANDING REFERRAL ORDER; 1)Case referred to Mag. Judge to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on non-dispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned. Signed by Judge William O. Bertelsman on 06/18/10.(KRB)cc: COR
September 17, 2018 Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4170487), filed by Arinn Clark. (Attachments: #1 Civil Cover Sheet, #2 Summons West Iris Transport, #3 Summons Patton Logistics, #4 Summons Federal Express)(KRB)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Clark v. West Iris Transport, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Federal Express Corporation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Patton Logistics Inc.
Represented By: Brian C. Neal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: West Iris Transport, Inc.
Represented By: Brian C. Neal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Fedex Ground Package System, Inc.
Represented By: Laurel K. Cornell
Represented By: Chantell C. Foley
Represented By: Jessica G. Scott
Represented By: Joseph P. McHugh
Represented By: Melissa Gormly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Arinn Clark
Represented By: Michael P. Abate
Represented By: William H. Hogg
Represented By: Peter B. Schneider
Represented By: Ori Edelstein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?