McElroy v. Swissport USA, Inc. et al
Plaintiff: Suzanne McElroy
Defendant: Swissport USA, Inc. and Virgin Atlantic Airways Limited
Case Number: 1:2014cv13846
Filed: October 14, 2014
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Essex
Presiding Judge: Mark L Wolf
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. § 1441 Petition for Removal - Employment Discrim
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 4, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2018 Filing 76 STIPULATION of Dismissal by Suzanne McElroy. (Tocci, John)
March 28, 2018 Filing 75 Judge Mark L. Wolf: ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Bono, Christine)
March 27, 2018 Filing 74 ELECTRONIC NOTICE Canceling Hearing(s): Final Pretrial Conference set for 4/5/2018 is canceled. Jury Trial set for 4/23/2018 - 4/27/2018 is canceled. (Bono, Christine)
March 21, 2018 Filing 73 STATUS REPORT by Suzanne McElroy. (Gianoulis, Cary)
March 12, 2018 Filing 72 ELECTRONIC NOTICE OF RESCHEDULING. Final Pretrial Conference set for 4/5/2018 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
March 12, 2018 Filing 71 Judge Mark L. Wolf: "In view of this report, it is hereby ORDERED that: 1. The parties shall, by March 22, 2018, report whether this case is settled; 2. If not, the parties shall, by March 26, 2018, respond to paragraph 4 of the February 27, 2018 Order (Docket No. 65); 3. Responses to any Motions in Limine shall be filed by April 2, 2018; 4. The pretrial conference is RESCHEDULED for April 5, 2018, at 2:00 p.m." ENDORSED ORDER entered. re #70 Status Report filed by Suzanne McElroy (Bono, Christine)
March 9, 2018 Filing 70 STATUS REPORT by Suzanne McElroy. (Gianoulis, Cary)
March 9, 2018 Filing 69 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah)
March 9, 2018 Filing 68 Transcript of Motion Hearing held on February 26, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 3/30/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/7/2018. (Scalfani, Deborah)
February 27, 2018 Filing 67 ELECTRONIC NOTICE of Hearing. Jury Trial set for 4/23/2018 - 4/27/2018 09:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
February 27, 2018 Filing 66 ELECTRONIC NOTICE of Hearing. Final Pretrial Conference set for 4/3/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
February 27, 2018 Filing 65 Judge Mark L. Wolf: ORDER entered granting in part and denying in part #44 Motion for Summary Judgment. (Bono, Christine)
February 27, 2018 Filing 64 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 2/27/2018 re #44 MOTION for Summary Judgment filed by Swissport USA, Inc. McElroy deposition marked as Ex. 1. Separate Order to issue. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Gianoulis, Tocci, Murphy) (Bono, Christine)
February 9, 2018 Filing 63 ELECTRONIC NOTICE Resetting Hearing on Motion #44 MOTION for Summary Judgment : Motion Hearing set for 2/26/2018 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
February 2, 2018 Filing 62 ELECTRONIC NOTICE Resetting Hearing on Motion #44 MOTION for Summary Judgment : Motion Hearing set for 2/13/2018 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
January 16, 2018 Filing 61 ELECTRONIC NOTICE Resetting Hearing on Motion #44 MOTION for Summary Judgment : Motion Hearing set for 2/8/2018 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
December 28, 2017 Filing 60 REPLY to Response to #44 MOTION for Summary Judgment filed by Swissport USA, Inc.. (Murphy, Denise)
December 14, 2017 Filing 59 Counter Statement of Material Facts L.R. 56.1 re #44 MOTION for Summary Judgment filed by Suzanne McElroy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Affidavit)(Gianoulis, Cary)
December 14, 2017 Filing 58 Opposition re #44 MOTION for Summary Judgment filed by Suzanne McElroy. (Gianoulis, Cary)
December 8, 2017 Filing 57 STATUS REPORT by Suzanne McElroy. (Gianoulis, Cary)
December 5, 2017 Filing 56 STIPULATION of Dismissal by Virgin Atlantic Airways Limited. (Porter, Matthew)
October 26, 2017 Filing 55 Judge Mark L. Wolf: ORDER entered. SETTLEMENT ORDER OF DISMISSAL as to defendant, Virgin Atlantic Airways Limited. (Bono, Christine)
October 25, 2017 Filing 54 Judge Mark L. Wolf: ORDER entered. (Attachments: #1 Greer Memorandum & Order)(Bono, Christine)
October 25, 2017 Filing 53 ELECTRONIC NOTICE Setting Hearing on Motion #44 MOTION for Summary Judgment : Motion Hearing set for 1/30/2018 03:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
October 24, 2017 Filing 52 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Scheduling Conference held on 10/24/2017. Plaintiff and defendant Virgin Atlantic Airways Limited reach settlement. Parties shall confer and report again on or before 12/8/2017 regarding status of settlement. Plaintiff shall respond to defendant Swissport's Motion for Summary Judgment on or before 12/15/2017. Defendant Swissport shall file any reply by 1/4/2018. Motion hearing shall take place on January 30, 2018 at 3:00 p.m. Parties shall appear at this hearing with full settlement authority, or their client. (Court Reporter: No Court Reporter Used.)(Attorneys present: Doherty, Murphy, Porter) (Bono, Christine)
October 24, 2017 Filing 51 CERTIFICATION pursuant to Local Rule 16.1 . (Porter, Matthew)
October 23, 2017 Filing 50 CERTIFICATION pursuant to Local Rule 16.1 . (Murphy, Denise)
October 23, 2017 Filing 49 CERTIFICATION pursuant to Local Rule 16.1 by Suzanne McElroy.(Gianoulis, Cary)
October 23, 2017 Filing 48 JOINT SUBMISSION pursuant to Local Rule 16.1 by Suzanne McElroy.(Gianoulis, Cary)
October 23, 2017 Filing 47 NOTICE RE #45 Memorandum in Support of Motion. In future filings, Counsel is reminded that the memorandum should be filed as a separate document and any exhibits or attachments should be separated and filed as attachments to the motion/main document. Please review the local rules and the attorney handbook when filing documents with the Court by accessing our web page, at www.mad.uscourts.gov under CM/ECF E-Filing. (Franklin, Yvonne)
October 20, 2017 Filing 46 Statement of Material Facts L.R. 56.1 re #44 MOTION for Summary Judgment filed by Swissport USA, Inc.. (Murphy, Denise)
October 20, 2017 Filing 45 MEMORANDUM in Support re #44 MOTION for Summary Judgment filed by Swissport USA, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Murphy, Denise)
October 20, 2017 Filing 44 MOTION for Summary Judgment by Swissport USA, Inc..(Murphy, Denise)
October 20, 2017 Filing 43 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 in Connection with Defendant Swissport USA, Inc.'s Motion for Summary Judgment by Denise I. Murphy on behalf of Swissport USA, Inc.. (Murphy, Denise)
October 17, 2017 Filing 42 NOTICE of Appearance by Amy E. Doherty on behalf of Suzanne McElroy (Doherty, Amy)
October 4, 2017 Filing 41 NOTICE of Scheduling Conference. Scheduling Conference set for 10/24/2017 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine)
August 3, 2017 Filing 40 NOTICE of Change of Address or Firm Name by Denise I. Murphy (Murphy, Denise)
June 15, 2017 Filing 39 STATUS REPORT OF THE PARTIES by Virgin Atlantic Airways Limited. (Porter, Matthew)
March 28, 2017 Filing 38 ELECTRONIC NOTICE Canceling Hearing. A new date for the scheduling conference has not been set. (Bono, Christine)
March 28, 2017 Filing 37 Judge Mark L. Wolf: "ALLOWED." ENDORSED ORDER entered granting #36 Motion for Extension of Time to Complete Discovery. All discovery shall be complete by 5/26/2017. Counsel for the parties shall confer, and by 6/16/2017, file a report as to the prospects for settlement and whether either party feels there is a proper basis for filing a motion for summary judgment. A date for the scheduling conference has not been set. (Bono, Christine)
March 21, 2017 Filing 36 Joint MOTION for Extension of Time to May 26, 2017 to Complete Discovery and Extend Other Pretrial Deadlines and Continue Scheduling Conference by Virgin Atlantic Airways Limited.(Porter, Matthew)
February 22, 2017 Filing 35 NOTICE of Withdrawal of Appearance by Amy E. Doherty (Doherty, Amy)
April 19, 2016 Filing 34 STATUS REPORT JOINTLY FILED BY ALL PARTIES by Virgin Atlantic Airways Limited. (Porter, Matthew)
April 8, 2016 Filing 33 ANSWER to Complaint by Virgin Atlantic Airways Limited.(Porter, Matthew)
March 30, 2016 Filing 32 ELECTRONIC NOTICE of Hearing. Scheduling Conference set for 5/23/2017 04:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bartlett, Timothy)
March 30, 2016 Filing 31 Judge Mark L. Wolf: ORDER entered denying #14 Motion to Dismiss for Failure to State a Claim. (Attachments: #1 Scheduling Order) (Bartlett, Timothy)
March 29, 2016 Filing 30 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 3/29/2016 re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virgin Atlantic Airways Limited. Order to follow. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Doherty, Gianoulis, Murphy, Selinger, Porter) (Bartlett, Timothy)
March 24, 2016 Filing 29 CERTIFICATION pursuant to Local Rule 16.1 . (Porter, Matthew)
March 24, 2016 Filing 28 CERTIFICATION pursuant to Local Rule 16.1 by Swissport USA, Inc..(Murphy, Denise)
March 17, 2016 Filing 27 CERTIFICATION pursuant to Local Rule 16.1 by Suzanne McElroy.(Gianoulis, Cary)
March 15, 2016 Filing 26 JOINT STATEMENT re scheduling conference . (Gianoulis, Cary)
February 25, 2016 Filing 25 ELECTRONIC NOTICE of Hearing. Scheduling Conference set for 3/29/2016 01:15 PM in Courtroom 10 before Judge Mark L. Wolf. Counsel are reminded to comply with #21 NOTICE. (Bartlett, Timothy)
February 25, 2016 Filing 24 ELECTRONIC NOTICE Resetting Hearing on Motion #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Motion Hearing set for 3/29/2016 01:15 PM in Courtroom 10 before Judge Mark L. Wolf. (Bartlett, Timothy)
February 25, 2016 Filing 23 Judge Mark L. Wolf: ENDORSED ORDER entered granting #22 Motion to Continue. "ALLOWED. The hearing is hereby RESCHEDULED for March 29, 2016, at 1:15 p.m." (Bartlett, Timothy) Modified to include text on 2/25/2016 (Bartlett, Timothy).
February 22, 2016 Filing 22 Joint MOTION to Continue Hearing on Motion to Dismiss to the week of March 23, 2016 or thereafter by Virgin Atlantic Airways Limited.(Porter, Matthew)
February 18, 2016 Filing 21 NOTICE Setting Hearing on Motion #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Motion Hearing and Scheduling Conference set for 3/3/2016 01:30 PM in Courtroom 10 before Judge Mark L. Wolf. (Bartlett, Timothy)
January 22, 2016 Filing 20 Letter/request (non-motion) from Plaintiff Request for Rule 16 Conference. (Gianoulis, Cary)
December 12, 2014 Filing 19 Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Suzanne McElroy. (Gianoulis, Cary)
December 8, 2014 Filing 18 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #17 Motion for Extension of Time to File Response/Reply re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 12/12/2014 (Hohler, Daniel)
December 3, 2014 Filing 17 Assented to MOTION for Extension of Time to 12/12/2014 to File Response/Reply as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Suzanne McElroy.(Gianoulis, Cary)
November 20, 2014 Filing 16 ANSWER to #1 Complaint, with Jury Demand by Swissport USA, Inc..(McCallen, Amy)
November 20, 2014 Filing 15 MEMORANDUM in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virgin Atlantic Airways Limited. (Porter, Matthew)
November 20, 2014 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Virgin Atlantic Airways Limited.(Porter, Matthew)
October 30, 2014 Filing 13 STATE COURT Record Swissport USA, Inc. summons served on 10/3/2014, answer due 10/24/2014.. (Murphy, Denise)
October 28, 2014 Filing 12 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #11 Motion for Extension of Time (Hohler, Daniel)
October 21, 2014 Filing 11 Assented to MOTION for Extension of Time to 11/21/2014 to Respond to the Complaint by Swissport USA, Inc..(Murphy, Denise)
October 16, 2014 Filing 10 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #9 Motion for Extension of Time to Answer Virgin Atlantic Airways Limited answer due 11/21/2014. (Hohler, Daniel)
October 16, 2014 Filing 9 Assented to MOTION for Extension of Time to November 21, 2014 to File Answer re #1 Complaint, by Virgin Atlantic Airways Limited.(Porter, Matthew)
October 15, 2014 Filing 8 NOTICE of Appearance by Anne E. Selinger on behalf of Virgin Atlantic Airways Limited (Selinger, Anne)
October 15, 2014 Filing 7 NOTICE of Appearance by Denise I. Murphy on behalf of Swissport USA, Inc. (Murphy, Denise)
October 15, 2014 Filing 6 NOTICE of Appearance by Amy M. McCallen on behalf of Swissport USA, Inc. (McCallen, Amy)
October 14, 2014 Filing 5 NOTICE of Appearance by Matthew A. Porter on behalf of Virgin Atlantic Airways Limited (Porter, Matthew)
October 14, 2014 Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Paine, Matthew)
October 14, 2014 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Abaid, Kimberly)
October 14, 2014 Filing 2 NOTICE of Appearance by Denise I. Murphy on behalf of Swissport USA, Inc. (Murphy, Denise)
October 14, 2014 Filing 1 NOTICE OF REMOVAL from Essex County Superior Court 2014-1450B Filing fee: $ 400, receipt number 0101-5230934 (Fee Status: Filing Fee paid), filed by Swissport USA, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 JS45 Category Form)(Murphy, Denise) Modified on 10/14/2014 to Correct Docket Text As Counsel Filed The Notice of Removal Under Wrong Event in CM/ECF) (Paine, Matthew).

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Plaintiff: Suzanne McElroy
Represented By: Amy E. Doherty
Represented By: Cary P. Gianoulis
Represented By: John F. Tocci
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Defendant: Swissport USA, Inc.
Represented By: Denise I. Murphy
Represented By: Amy M. McCallen
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Defendant: Virgin Atlantic Airways Limited
Represented By: Anne E. Selinger
Represented By: Matthew A. Porter
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