Muniz v RXO Last Mile, Inc.
| Justin Muniz, Mohammed Belaabd and Nelson Quintanilla |
| XPO Last Mile, Inc. and RXO Last Mile, Inc. |
| 4:2018cv11905 |
| September 7, 2018 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 202 District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered granting #161 Motion for Partial Summary Judgment. (Burgos, Sandra) |
| Filing 201 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Status Conference held on 7/13/2023. Case called, counsel appear by telephone, counsel report that instructions re: notice list and class notice as set forth in Order on Motion to Compel Class List have been completed.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lichten, Weber, Lounsbury) (Belpedio, Lisa) |
| Filing 200 ELECTRONIC NOTICE of Hearing. Telephone Status Conference set for 7/13/2023 at 9:00 AM in Courtroom 4 - Worcester (Remote only) before District Judge Timothy S. Hillman. (counsel will be provided call in information via separate email.) (Alba, Robert) |
| Filing 199 District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered granting in part and denying in part #183 Motion to Compel Class List. (Burgos, Sandra) Modified docket text on 6/7/2023 (Burgos, Sandra). |
| Filing 198 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 #https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) |
| Filing 197 Transcript of Telephone Conference held on May 24, 2023, before Judge Timothy S. Hillman. 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: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023. (McDonagh, Christina) |
| Filing 196 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephonic Hearing held on 5/24/2023. Court inquires as to the parties position on existing issues. (Court Reporter: Marianne Kusa Ryll at justicehill@aol.com.)(Attorneys present: Weber, Lounsbury) (Alba, Robert) |
| Filing 195 EXHIBIT D in Support of #191 Supplemental Memorandum in Support, by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Barrows, Jennifer) |
| Filing 194 RESPONSE TO COURT ORDER by RXO Last Mile, Inc. re 189 Notice of Hearing,,,,,, . (Hoffman, Douglas) |
| Filing 193 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered GRANTING #192 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Barrows, Jennifer) |
| Filing 192 MOTION to Seal Document #191 Memorandum in Support of Motion, (Motion to File Exhibit D under Seal) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Weber, Benjamin) |
| Filing 191 Supplemental MEMORANDUM in Support re #183 MOTION to Compel Class List filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D [filed under seal])(Lichten, Harold) |
| Filing 190 ELECTRONIC NOTICE OF RESCHEDULING. The Video Hearing set for 5/24/2023 at 11:00 AM in Courtroom 4 - Worcester (Remote only) before District Judge Timothy S. Hillman will now be held TELEPHONICALLY. Parties will receive call-in information separately. (Alba, Robert) |
| Filing 189 Judge Timothy S. Hilman: ELECTRONIC ORDER and NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.The Court will hold a hearing on 5/24/2023 at 11 AM, to consider further argument from counsel on the issue of what in Massachusetts means for the purposes of the Class Certification Order. For the benefit of counsel, the Court has considered previous filings from the parties on this issue and rejects the arguments made by the Defendant interpreting in Massachusetts. The parties are invited to file written memorandum in support of their positions and are ordered to confer in advance of any written submissions in an effort to narrow, or resolve this issue. Hearing set for 5/24/2023 at 11:00 AM in Courtroom 4 - Worcester (Remote only) before District Judge Timothy S. Hillman. (Alba, Robert) |
| Filing 188 REPLY to Response to #183 MOTION to Compel Class List filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lichten, Harold) |
| Filing 187 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #185 MOTION for Leave to File Reply in Support of Motion to Compel (ECF No. 183) ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Burgos, Sandra) |
| Filing 186 MEMORANDUM in Opposition re #185 MOTION for Leave to File Reply in Support of Motion to Compel (ECF No. 183) filed by RXO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 185 MOTION for Leave to File Reply in Support of Motion to Compel (ECF No. 183) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit 1 - Proposed Reply Brief)(Weber, Benjamin) |
| Filing 184 RESPONSE to Motion re #183 MOTION to Compel Class List filed by RXO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 183 MOTION to Compel Class List by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A - Email Correspondence, #2 Exhibit B - Email Correspondence)(Weber, Benjamin) |
| Filing 182 Electronic Clerk's Notes for remote proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 3/8/2023 re #161 MOTION for Partial Summary Judgment filed by Justin Muniz, Nelson Quintanilla, Mohammed Belaabd. Court hears argument of counsel. Court takes motion under advisement. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.) (Alba, Robert) |
| Filing 181 REPLY to Response to #161 MOTION for Partial Summary Judgment filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A)(Lichten, Harold) |
| Filing 180 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #179 Motion for Extension of Time to File Reply re #161 MOTION for Partial Summary Judgment. Reply due by 2/10/2023. (Castles, Martin) |
| Filing 179 Assented to MOTION for Extension of Time to February 10, 2023 to file Reply in Support of Motion for Summary Judgment by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Weber, Benjamin) Modified on 2/9/2023 (Castles, Martin). |
| Filing 178 ELECTRONIC NOTICE Resetting Hearing on Motion #161 MOTION for Partial Summary Judgment : Motion Hearing reset for 3/8/2023 at 10:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 177 ELECTRONIC NOTICE Setting Hearing on Motion #161 MOTION for Partial Summary Judgment : Motion Hearing set for 3/7/2023 at 2:15 PM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 176 STATEMENT of facts re #161 MOTION for Partial Summary Judgment RXO Response. (Hoffman, Douglas) |
| Filing 175 Opposition re #161 MOTION for Partial Summary Judgment filed by RXO Last Mile, Inc.. (Attachments: #1 Exhibit)(Hoffman, Douglas) Modified Exhibit Security on 1/27/2023 Due to Personal Identifiers. (Barrows, Jennifer). |
| Filing 174 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #173 Motion for Leave to File Excess Pages. (Castles, Martin) |
| Filing 173 Assented to MOTION for Leave to File Excess Pages for Opposition to Plaintiff's Motion for Summary Judgment by RXO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 172 CORPORATE DISCLOSURE STATEMENT by RXO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 171 Motions No Longer Referred to Magistrate Judge (Castles, Martin) |
| Filing 170 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #169 Motion for Extension of Time to File Response as to #161 MOTION for Partial Summary Judgment. Response due by 1/26/2023. (Castles, Martin) |
| Filing 169 Assented to MOTION for Extension of Time to 01/26/2023 to File Response/Reply as to #161 MOTION for Partial Summary Judgment by RXO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 167 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #158 Motion to Amend Caption and granting #159 Motion for Leave to File Excess Pages. (Castles, Martin) |
| Filing 166 EXHIBIT re #164 Affidavit in Support of Motion,,, 4 - Deposition of Justin Muniz Redacted by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit 12 - Nelson Quintanilla Deposition Redacted, #2 Exhibit 17 - Jose Dilone Deposition Redacted, #3 Exhibit 18 - Victor Amaro Deposition Redacted)(Lichten, Harold) |
| Filing 165 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #160 MOTION to Seal Document (Motion to file Summary Judgment exhibits under seal). Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Burgos, Sandra) |
| Filing 164 AFFIDAVIT of Benjamin J. Weber in Support re #161 MOTION for Summary Judgment filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (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 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33)(Lichten, Harold) |
| Filing 163 Statement of Material Facts L.R. 56.1 re #161 MOTION for Summary Judgment filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Lichten, Harold) |
| Filing 162 MEMORANDUM in Support re #161 MOTION for Summary Judgment filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lichten, Harold) |
| Filing 161 MOTION for Partial Summary Judgment by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Lichten, Harold) Modified docket text on 12/21/2022 (Burgos, Sandra). |
| Filing 160 MOTION to Seal Document (Motion to file Summary Judgment exhibits under seal) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Lichten, Harold) |
| Filing 159 Consent MOTION for Leave to File Excess Pages by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Savytska, Olena) |
| Filing 158 Consent MOTION to Amend Case Caption by XPO Last Mile, Inc.. (Attachments: #1 Exhibit Corporate Amendment)(Hoffman, Douglas) |
| Filing 157 District Judge Timothy S. Hillman: ORDER entered granting #152 Motion for Modification and granting #155 Motion for Leave to File. The Court will allow plaintiffs to distribute the notice attached to this order. (Castles, Martin) |
| Filing 156 Opposition re #155 MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Modify (ECF No. 152) filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 155 MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Modify (ECF No. 152) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit Proposed Reply In Support of Plaintiffs' Proposed Class Notice with Exhibits)(Weber, Benjamin) |
| Filing 154 RESPONSE to Motion re #152 MOTION to Modify filed by XPO Last Mile, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoffman, Douglas) |
| Filing 153 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered re #152 Notice (Other) filed by Justin Muniz, Nelson Quintanilla, Mohammed Belaabd. This court's order on class certification clearly provided that, "The plaintiffs' briefing variably notes that the proposed class does not include contractors who operated more than five trucks on any given day. It is not clear to the Court whether this is an implication of the class definition or is intended to be an additional limitation on the class definition. For example, the proposed class notice attached to the plaintiffs' motion does not mention the number of trucks a contractor operated. Because the plaintiffs have not formally included a limitation on the number of trucks operated in their proposed definition, and the number of trucks operated does not appear, on its face, to relate to whether a contractor made deliveries for XPO "full-time," the Court has not considered the number of trucks operated as an additional limitation on the class definition. Even if the plaintiffs intended to include the number of trucks operated as an additional limitation on the class definition, however, class certification is warranted. If the Court misunderstood the plaintiffs' proposed class definition, the plaintiffs may move for a modification of this order." Docket No. 147, 5 n. 1. Accordingly, the plaintiffs' Notice filed on September 2, 2022 (document #152) will be treated as a motion for modification of the order. (Castles, Martin) |
| Filing 152 NOTICE (Motion to Modify) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla re #147 Order on Motion to Certify Class of Proposed Class Notice (Attachments: #1 Exhibit A - Proposed Class Notice)(Lichten, Harold) Modified on 9/16/2022 (Castles, Martin). |
| Filing 151 Notice of Supplemental Authorities re #144 MOTION for Leave to File Supplemental Authority in Opposition to Plaintiffs' Motion for Class Certification per 149 ELECTRONIC ORDER entered granting #144 Motion for Leave to File (Attachments: #1 Exhibit A-Bowerman v. Field Asset Services Inc)(Hoffman, Douglas) |
| Filing 150 Notice of Supplemental Authorities re #140 MOTION for Leave to File Notice of Supplemental Authority per 149 ELECTRONIC ORDER entered granting #140 Motion for Leave to File (Attachments: #1 Exhibit A-Patel, et al. v. 7-Eleven, Inc., et al.)(Hoffman, Douglas) |
| Filing 149 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #140 Motion for Leave to File and granting #144 Motion for Leave to File. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 148 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying without prejudice #103 Motion to Strike and denying without prejudice #121 Motion to Strike. (Castles, Martin) |
| Filing 147 District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered granting #113 Motion to Certify Class. (Castles, Martin) |
| Filing 145 Opposition re #144 MOTION for Leave to File Supplemental Authority in Opposition to Plaintiffs' Motion for Class Certification filed by Justin Muniz. (Weber, Benjamin) (Main Document 145 replaced on 7/25/2022) (Barrows, Jennifer). |
| Filing 144 MOTION for Leave to File Supplemental Authority in Opposition to Plaintiffs' Motion for Class Certification by XPO Last Mile, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A to Exhibit 1)(Hoffman, Douglas) |
| Filing 143 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 5/24/2022 re #113 MOTION to Certify Class filed by Justin Muniz, Nelson Quintanilla, Mohammed Belaabd, Case called, Counsel appear by telephone for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #113 Motion to Certify Class, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Lichten,Weber/Holdsworth,Lounsbury) (Castles, Martin) |
| Filing 142 Opposition re #140 MOTION for Leave to File Notice of Supplemental Authority filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Weber, Benjamin) |
| Filing 141 ELECTRONIC NOTICE Resetting Time of Hearing on Motion #113 MOTION to Certify Class : Motion Hearing time reset for 5/24/2022 at 4:00 PM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. The Hearing will be held by telephone, counsel will be provided the call in number in a separate email. (Castles, Martin) |
| Filing 140 MOTION for Leave to File Notice of Supplemental Authority by XPO Last Mile, Inc.. (Attachments: #1 Exhibit)(Hoffman, Douglas) |
| Filing 139 REPLY to Response to #113 MOTION to Certify Class filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A, #2 Exhibit B)(Savytska, Olena) |
| Filing 146 Case no longer referred to Magistrate Judge David H. Hennessy. (King, Dawn) |
| Filing 138 Magistrate Judge David H. Hennessy: ORDER entered denying #96 MOTION to Compel Production of Documents by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla; denying #118 MOTION for Order to Show Cause and Discovery Sanctions by XPO Last Mile, Inc. (King, Dawn) |
| Filing 137 Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Motion Hearing held on 3/23/2022 re #96 MOTION to Compel Production of Documents filed by Justin Muniz, Nelson Quintanilla, Mohammed Belaabd, #118 MOTION for Order to Show Cause and Discovery Sanctions filed by XPO Last Mile, Inc. Case called. Parties appear via video conference and address the Court. Court takes matter under advisement, order to issue. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Katelyn Coppola by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Weber; Holdswortth) (King, Dawn) |
| Filing 136 MEMORANDUM in Opposition re #113 MOTION to Certify Class filed by XPO Last Mile, Inc.. (Attachments: #1 Affidavit Declaration of Adam L. Lounsbury, #2 Exhibit A - Transcript excerpts from the deposition of Mohammed Miahjee, #3 Exhibit B - Transcript excerpts from the deposition of Drey Andrade, #4 Exhibit C - Declaration of Fernando Rabel, #5 Exhibit D - Delivery Service Agreement S & I Delivery, LLC, #6 Exhibit E - Transcript excerpts from the deposition of Plaintiff Justin Muniz, #7 Exhibit F - Transcript excerpts from the deposition of Plaintiff Mohammed Belaabd, #8 Exhibit G - Transcript excerpts from the deposition of Plaintiff Jose Dilone, #9 Exhibit H - Transcript excerpts from the deposition of Plaintiff Nelson Quintanilla, #10 Exhibit I - Transcript excerpts from the deposition of Plaintiff Victor Amaro, #11 Exhibit J - Delivery Service Agreement VN Transportation, LLC, #12 Exhibit K - Delivery Service Agreement Mohammed Belaabd, #13 Exhibit L - Declaration of Dr. Stephen G. Bronars)(Hoffman, Douglas) |
| Filing 135 ELECTRONIC NOTICE Setting Hearing on Motions #96 MOTION to Compel Production of Documents, #118 MOTION for Order to Show Cause and Discovery Sanctions: Motions Hearing set for 3/23/2022 at 1:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motions Hearing set for 3/23/2022 at 1:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. (King, Dawn) |
| Filing 134 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #133 Motion for Leave to File Excess Pages. Leave is granted up to 30 pages. (Castles, Martin) |
| Filing 133 Assented to MOTION for Leave to File Excess Pages by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 132 ELECTRONIC NOTICE Resetting Hearing on Motion #113 MOTION to Certify Class : Motion Hearing reset for 5/24/2022 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 131 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. REFERRING MOTION #118 MOTION for Order to Show Cause and Discovery Sanctions filed by XPO Last Mile, Inc. (Castles, Martin) Motions referred to David H. Hennessy. |
| Filing 130 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #129 Motion for Extension of Time to File Response/Reply re #113 MOTION to Certify Class . Response due by 3/21/2022, Reply due by 4/11/2022. (Castles, Martin) |
| Filing 129 Joint MOTION for Extension of Time of Class Certification Briefing Deadlines by XPO Last Mile, Inc..(Hoffman, Douglas) Modified on 3/11/2022 (Castles, Martin). |
| Filing 128 Opposition re #103 MOTION to Strike Expert Testimony of Thomas N. Hubbard, #121 MOTION to Strike Expert Testimony of Stephen Bronars filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 126 Opposition re #118 MOTION for Order to Show Cause and Discovery Sanctions filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Savytska Decl.)(Weber, Benjamin) |
| Filing 125 NOTICE of Appearance by Douglas Paul Holdsworth on behalf of XPO Last Mile, Inc. (Holdsworth, Douglas) |
| Filing 124 MEMORANDUM in Support re #121 MOTION to Strike Expert Testimony of Stephen Bronars filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit [Filed under Seal], #2 Exhibit Bronars Dep., #3 Exhibit Belzer Report)(Savytska, Olena) |
| Filing 123 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #120 MOTION to Seal Document (Expert Report of Stephen Bronars). Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Burgos, Sandra) |
| Filing 122 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #119 Motion for Leave to Appear Pro Hac Vice Added D. Paul Holdsworth. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Burgos, Sandra) |
| Filing 121 MOTION to Strike Expert Testimony of Stephen Bronars by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Memorandum of Law, #2 Exhibit [Filed Under Seal], #3 Exhibit Bronars Deposition, #4 Exhibit Belzer Report)(Savytska, Olena) |
| Filing 120 MOTION to Seal Document (Expert Report of Stephen Bronars) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Savytska, Olena) |
| Filing 119 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of D. Paul Holdsworth Filing fee: $ 100, receipt number AMADC-9168753 by XPO Last Mile, Inc.. (Attachments: #1 Declaration)(Hoffman, Douglas) |
| Filing 118 MOTION for Order to Show Cause and Discovery Sanctions by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 115 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #112 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Jones, Sherry) |
| Filing 114 MEMORANDUM in Support re #113 MOTION to Certify Class filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A - Proposed Notice, #2 Exhibit B - Declaration of Rebecca Shuford, #3 Exhibit C - Deposition of Drey Andrade, #4 Exhibit D - Deposition of Mohammed Miahjee, #5 Exhibit E - Deposition of Justin Muniz, #6 Exhibit F - Deposition of Michael Delgiudice, #7 Exhibit G - Deposition of Michael Cardone, #8 Exhibit H - Filed Under Seal, #9 Exhibit I - Sample Manifest, #10 Exhibit J - Deposition of Mohammed Belaabd, #11 Exhibit K - Filed Under Seal, #12 Exhibit L - Sample Pay Statements, #13 Exhibit M - Chargeback Form, #14 Exhibit N - Deposition of Jose Dilone, #15 Exhibit O - Deposition of Nelson Quintanilla, #16 Exhibit P - Deposition of Victor Amaro, #17 Exhibit Q - Filed Under Seal, #18 Exhibit R - Insurance Checklist, #19 Exhibit S - Sample Certificate of Insurance, #20 Exhibit T - Filed Under Seal, #21 Exhibit U - CMS Agreement, #22 Exhibit 1 - D'Italia v Lowes, #23 Exhibit 2 - Civil v Spirit Delivery, Dkt 207, #24 Text of Proposed Order)(Lichten, Harold) |
| Filing 113 MOTION to Certify Class by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Lichten, Harold) |
| Filing 112 MOTION to Seal Exhibits to Motion for Class Certification by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Lichten, Harold) |
| Filing 111 NOTICE of Withdrawal of Appearance by Juan C. Obregon (Obregon, Juan) |
| Filing 110 ELECTRONIC NOTICE Resetting Hearing on Motion for Class Certification. Motion Hearing reset for 4/8/2022 at 2:30 PM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 109 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #104 MOTION to Seal Expert Report of Thomas N. Hubbard MOTION to Seal Document #103 MOTION to Strike Expert Testimony of Thomas N. Hubbard Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Burgos, Sandra) |
| Filing 108 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #102 Motion for Extension of Time to January 10, 2022 to Provide Rebuttal Expert Report; granting #105 Motion to Permit Late Rebuttal Expert Disclosure and Amend Class Certification Briefing Schedule; granting #106 Motion for Extension of Time to File Response, and granting #107 Motion for Leave to File Excess Pages. (Castles, Martin) |
| Filing 107 Assented to MOTION for Leave to File Excess Pages by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Weber, Benjamin) |
| Filing 106 Assented to MOTION for Extension of Time to for Defendant to File Opposition to Plaintiffs' Motion to Strike by XPO Last Mile, Inc..(Hoffman, Douglas) Modified on 1/6/2022 (Jones, Sherry). |
| Filing 105 Joint MOTION to Amend Permit Late Rebuttal Expert Disclosure and Amend Class Certification Briefing Schedule by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 104 MOTION to Seal Expert Report of Thomas N. Hubbard, MOTION to Seal Document #103 MOTION to Strike Expert Testimony of Thomas N. Hubbard ( Responses due by 1/6/2022) by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Weber, Benjamin) |
| Filing 103 MOTION to Strike Expert Testimony of Thomas N. Hubbard by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit Hubbard Report (filed under seal))(Weber, Benjamin) |
| Filing 102 MOTION for Extension of Time to January 10, 2022 to Provide Rebuttal Expert Report by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Savytska, Olena) |
| Filing 101 STIPULATION to Extend Time for Taking Expert Depositions by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Lichten, Harold) |
| Filing 100 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 (Coppola, Katelyn) |
| Filing 99 Transcript of Motion Hearing held on October 1, 2021, before Magistrate Judge David H. Hennessy. 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: James Gibbons at jamesgibbonsrpr@gmail.com. Redaction Request due 12/9/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/16/2022. (Coppola, Katelyn) |
| Filing 98 MEMORANDUM in Opposition re #96 MOTION to Compel Production of Documents filed by XPO Last Mile, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hoffman, Douglas) |
| Filing 97 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. REFERRING MOTION #96 MOTION to Compel Production of Documents filed by Justin Muniz, Nelson Quintanilla, Mohammed Belaabd to Magistrate Judge Hennessy.(Castles, Martin) Motions referred to David H. Hennessy. |
| Filing 96 MOTION to Compel Production of Documents by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit Weber Decl., #2 Exhibit Plaintiffs' Document Requests, #3 Exhibit XPO Response to Deficiency Letter)(Lichten, Harold) |
| Filing 95 Magistrate Judge David H. Hennessy: ORDER entered re: #75 MOTION to Compel Discovery by XPO Last Mile, Inc. (King, Dawn) |
| Filing 94 Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Motion Hearing held on 10/1/2021 re #75 MOTION to Compel Discovery filed by XPO Last Mile, Inc. Case called. Court hears oral argument from parties. Written order to issue. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.)(Attorneys present: Weber; Obregon) (King, Dawn) |
| Filing 93 ELECTRONIC NOTICE Setting Hearing on Motion #75 MOTION to Compel Discovery : Motion Hearing set for 10/1/2021 at 10:00 AM in Remote Proceeding: Worcester before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(King, Dawn) |
| Filing 92 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 (Coppola, Katelyn) |
| Filing 91 Transcript of Telephonic Status Conference held on September 15, 2021, before Judge Timothy S. Hillman. 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: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021. (Coppola, Katelyn) |
| Filing 90 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Status Conference held on 9/15/2021; Case called, Counsel appear by telephone for status conference, Court hears arguments of counsel re motion to extend discovery, Court rules granting #88 Motion for Extension of Time to Complete Discovery; Fact Discovery to be completed by 11/1/2021, Expert disclosures by 11/14/21, Expert depositions must be completed by 12/11/21, Motion for Class Certification due by 1/14/2022, Responses due by 2/14/2022, Reply due by 2/24/22, Court set date for hearing on Motion for Class Certification, Motion Hearing set for 2/28/2022 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Weber/Lounsbury) (Castles, Martin) |
| Filing 89 NOTICE of Appearance by Olena Savytska on behalf of Mohammed Belaabd, Justin Muniz, Nelson Quintanilla (Savytska, Olena) |
| Filing 88 MOTION for Extension of Time to October 28, 2021 to Complete Discovery Partially Assented-to by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Weber, Benjamin) |
| Filing 87 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting in part #77 Motion for Extension of Time to Complete Discovery. Fact Discovery to be completed by 9/13/2021, Expert disclosures by 9/30/21, Expert depositions must be completed by 10/27/21, Motions for class certification due by 10/27/2021, Opposition due by 12/17/21, Reply due by 1/14/22, (Castles, Martin) |
| Filing 86 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered Vacating 85 Order on Motion for Extension of Time to Complete Discovery. The motion to extend the scheduling order #77 , will remain pending at this time. (Castles, Martin) |
| Filing 85 VACATED -District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting in part #77 Motion for Extension of Time to Complete Discovery. Modified on 7/23/2021 (Castles, Martin). |
| Filing 84 REPLY to Response to #75 MOTION to Compel Discovery filed by XPO Last Mile, Inc.. (Attachments: #1 Exhibit Massachusetts Attorney Generals Advisory)(Hoffman, Douglas) |
| Filing 83 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge David H. Hennessy Referred for: Events Only (e). Motions referred: #75 MOTION to Compel Discovery. Further information: Ruling on Motion.(Castles, Martin) Motions referred to David H. Hennessy. |
| Filing 82 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 9/15/2021 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 81 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #80 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 80 Assented to MOTION for Leave to File Reply in Support of its Motion to Compel Discovery by XPO Last Mile, Inc.. (Attachments: #1 Exhibit Proposed Reply, #2 Exhibit Exhibit 1 to Proposed Reply)(Hoffman, Douglas) |
| Filing 79 RESPONSE to Motion re #77 MOTION for Extension of Time to September 13, 2021 to Complete Discovery filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Lichten, Harold) |
| Filing 78 Opposition re #75 MOTION to Compel Discovery filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Lichten, Harold) |
| Filing 77 MOTION for Extension of Time to September 13, 2021 to Complete Discovery by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 76 MEMORANDUM in Support re #75 MOTION to Compel Discovery filed by XPO Last Mile, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Hoffman, Douglas) |
| Filing 75 MOTION to Compel Discovery by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 74 District Judge Timothy S. Hillman: ORDER entered. Stipulation Governing Confidential Material and Protective Order. (Castles, Martin) |
| Filing 73 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #70 Motion for Protective Order. (Castles, Martin) |
| Filing 72 District Judge Timothy S. Hillman: ORDER entered. AMENDED SCHEDULING ORDER: Status Conference reset for 7/22/2021 at 2:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. Fact Discovery to be completed by 7/14/2021, Expert disclosures must be disclosed by July 14, 2021; Expert depositions must be completed by September 13, 2021; Motions for class certification due by 10/14/2021,(Castles, Martin) |
| Filing 71 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #69 Motion for Extension of Time to 90 days to respond to discovery and brief motion for class certification. (Castles, Martin) |
| Filing 70 Joint MOTION for Protective Order Stipulation Governing Confidential Material and Proposed Protective Order by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 69 Joint MOTION for Extension of Time to 90 days to respond to discovery and brief motion for class certification by XPO Last Mile, Inc..(Obregon, Juan) |
| Filing 68 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #67 Motion for Leave to Appear Pro Hac Vice Added Juan C. Obregon. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) |
| Filing 67 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Juan Obregon Filing fee: $ 100, receipt number 0101-8693749 by XPO Last Mile, Inc.. (Attachments: #1 Affidavit Declaration)(Hoffman, Douglas) |
| Filing 66 CERTIFICATION pursuant to Local Rule 16.1 . (Hoffman, Douglas) |
| Filing 65 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The Telephone Conference set for 12/4/2020 is hereby canceled at the parties request.(Castles, Martin) |
| Filing 64 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 4/15/2021 at 2:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 63 District Judge Timothy S. Hillman: ORDER entered. SCHEDULING ORDER: Amended Pleadings due by 12/15/2020. Discovery to be completed by 4/15/2021, Expert Disclosures due by 4/15/21, Expert Depositions completed by 6/15/20, Motions for Class Certification due by 7/16/2021.(Castles, Martin) |
| Filing 62 JOINT SUBMISSION pursuant to Local Rule 16.1 by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 61 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Status Conference held on 10/21/2020, Case called, Counsel appear by telephone for status conference, Court and counsel discuss status of case, Parties are to confer on scheduling order deadlines and are to file a joint motion for approval of deadlines, Court sets a further status conference, ( Telephone Conference set for 12/4/2020 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Weber,Lichten/Lounsbury,Hoffman) (Castles, Martin) |
| Filing 60 ANSWER to #43 Amended Complaint by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 59 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #58 Motion for Leave to Appear Pro Hac Vice Added Adam L Lounsbury. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) |
| Filing 58 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of ADAM L. LOUNSBURY Filing fee: $ 100, receipt number 0101-8382709 by XPO Last Mile, Inc.. (Attachments: #1 Affidavit of Adam Lounsbury)(Hoffman, Douglas) |
| Filing 57 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #44 Motion to Compel and denying #44 Motion to Strike. (Castles, Martin) |
| Filing 56 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER LIFTING STAY.(Castles, Martin) |
| Filing 55 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 8/18/2020; Case called, Counsel appear by telephone for status conference, Parties inform the Court of the status of the case and the recent decision by the First Circuit in a similar case, The Court lifts the stay and takes under advisement #44 Motion to Compel; Court order no discovery at this time, Court sets a further status conference, ( Status Conference set for 10/21/2020 at 2:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Lichten,Weber/Hoffman,Lounsbury) (Castles, Martin) |
| Filing 54 ELECTRONIC NOTICE of Hearing. Telephone Status Conference set for 8/18/2020 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 53 NOTICE by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla (Notice of Decision and Request to Remove Stay) (Attachments: #1 Exhibit A - Waithaka v. Amazon Decision)(Lichten, Harold) |
| Filing 52 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #51 Motion for Reconsideration. (Castles, Martin) |
| Filing 51 MOTION for Reconsideration of Order Granting Defendant's Motion to Stay and Opposition to Stay by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Lichten, Harold) |
| Filing 50 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #49 Motion to Stay. (Castles, Martin) |
| Filing 49 MOTION to Stay by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 48 Opposition re #44 Second MOTION to Compel Individual Arbitration and Strike Class Allegations MOTION to Strike filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A - Ward v. OnTrac Order on Motion to Compel Arbitration, #2 Exhibit B - Tavares v S-L Distribution Order, #3 Exhibit C - Declaration of Victor Amaro)(Lichten, Harold) |
| Filing 47 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #32 Motion to Compel and finding as moot #34 Motion to Strike. Amended complaint and second motion to compel have been filed. (Castles, Martin) |
| Filing 46 DECLARATION re #44 Second MOTION to Compel Individual Arbitration and Strike Class Allegations, #45 Memorandum in Support of Motion by XPO Last Mile, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Davis, Benjamin) |
| Filing 45 MEMORANDUM in Support re #44 Second MOTION to Compel Individual Arbitration and Strike Class Allegations filed by XPO Last Mile, Inc.. (Davis, Ethan) |
| Filing 44 Second MOTION to Compel Individual Arbitration and Strike Class Allegations by XPO Last Mile, Inc..(Davis, Ethan). Added MOTION to Strike on 10/23/2019 (Jones, Sherry). |
| Filing 43 AMENDED COMPLAINT against All Defendants, filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla.(Lichten, Harold) |
| Filing 42 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #40 Motion to Amend. (Castles, Martin) |
| Filing 41 RESPONSE to Motion re #40 Second MOTION to Amend filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 40 Second MOTION to Amend by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A - Decl. of Benjamin Weber, #2 Exhibit B - Amended Class Action Complaint)(Lichten, Harold) |
| Filing 39 Notice of Supplemental Authorities re #34 MOTION to Strike filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A -Order Waithaka v. Amazon)(Lichten, Harold) |
| Filing 38 REPLY to Response to #32 MOTION to Compel Individual Arbitration and Strike Class Allegations, #34 MOTION to Strike filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 37 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #7 Motion to Compel due to the filing of the second motion to compel #32 . (Castles, Martin) |
| Filing 36 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #35 Motion for Leave to File reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 35 Assented to MOTION for Leave to File REPLY MEMORANDUM IN SUPPORT OF ITS RENEWED MOTION TO COMPEL INDIVIDUAL ARBITRATION AND STRIKE CLASS ALLEGATIONS by XPO Last Mile, Inc.. (Attachments: #1 Exhibit A)(Hoffman, Douglas) |
| Filing 34 Opposition re #32 MOTION to Compel Individual Arbitration and Strike Class Allegations and Motion to Strike Defendant's Motion and for Sanctions filed by Mohammed Belaabd, Justin Muniz, Nelson Quintanilla. (Attachments: #1 Exhibit A - Declaration of Mohammed Belaabd, #2 Exhibit B - Declaration of Nelson Quintanilla)(Lichten, Harold) Modified on 8/1/2019 (Jones, Sherry). |
| Filing 33 MEMORANDUM in Support re #32 MOTION to Compel Individual Arbitration and Strike Class Allegations filed by XPO Last Mile, Inc.. (Attachments: #1 Exhibit Declaration of Douglas J. Hoffman)(Hoffman, Douglas) |
| Filing 32 MOTION to Compel Individual Arbitration and Strike Class Allegations by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 31 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #30 Motion for Extension of Time to Answer. XPO Last Mile, Inc. answer due 7/17/2019. (Castles, Martin) |
| Filing 30 Assented to MOTION for Extension of Time to July 17, 2019 to File Response/Reply as to #29 Amended Complaint by XPO Last Mile, Inc..(Davis, Benjamin) Modified on 7/2/2019 (Jones, Sherry). |
| Filing 29 AMENDED COMPLAINT against XPO Last Mile, Inc., filed by Justin Muniz.(Lichten, Harold) |
| Filing 28 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #26 Motion to Amend complaint. Counsel is directed to e-file the amended complaint. (Castles, Martin) |
| Filing 27 RESPONSE to Motion re #26 MOTION to Amend Complaint filed by XPO Last Mile, Inc.. (Davis, Benjamin) |
| Filing 26 MOTION to Amend Complaint by Justin Muniz. (Attachments: #1 Exhibit A - Decl. of Benjamin J. Weber, #2 Exhibit B - Proposed Amended Complaint)(Lichten, Harold) |
| Filing 25 Response by XPO Last Mile, Inc. to #24 Notice of Supplemental Authorities . (Hoffman, Douglas) |
| Filing 24 Notice of Supplemental Authorities re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations (Attachments: #1 Exhibit A - Rittmann v. Amazon.com)(Lichten, Harold) |
| Filing 23 Notice of Supplemental Authorities re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations (Attachments: #1 Exhibit A - Ward v. OnTrac)(Lichten, Harold) |
| Filing 22 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 1/15/2019 re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations filed by XPO Last Mile, Inc., Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #7 Motion to Compel; (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Lichten,Weber/Hofman,Davis) (Castles, Martin) |
| Filing 21 Notice of Supplemental Authorities re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations (Attachments: #1 Exhibit A - New Prime, Inc. v. Oliveira)(Lichten, Harold) |
| Filing 20 Notice of Supplemental Authorities re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations (Attachments: #1 Exhibit A - Espinal v. XPO)(Lichten, Harold) |
| Filing 19 REPLY to Response to #7 MOTION to Compel Individual Arbitration and Strike Class Allegations filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 18 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #15 Motion for Leave to File reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 17 NOTICE of Appearance by Benjamin R. Davis on behalf of XPO Last Mile, Inc. (Davis, Benjamin) |
| Filing 16 ELECTRONIC NOTICE Setting Hearing on Motion #7 MOTION to Compel Individual Arbitration and Strike Class Allegations : Motion Hearing set for 1/15/2019 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 15 MOTION for Leave to File Reply Memorandum in Support of Motion to Compel Individual Arbitration and Strike Class Allegations by XPO Last Mile, Inc.. (Attachments: #1 Proposed Reply Memorandum)(Hoffman, Douglas) |
| Filing 14 Notice of Supplemental Authorities re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations (Attachments: #1 Exhibit A - Parris v. Sheriff of Suffolk County)(Lichten, Harold) |
| Filing 13 Opposition re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations filed by Justin Muniz. (Attachments: #1 Exhibit A - Declaration of Justin Muniz, #2 Exhibit B - Declaration of Benjamin Weber, #3 Exhibit C - S-L Distribution Memo & Order)(Lichten, Harold) |
| Filing 12 STATE COURT Record. (Hoffman, Douglas) |
| Filing 11 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #10 Motion for Extension of Time to File Response re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations. Response due by 10/5/2018. (Castles, Martin) |
| Filing 10 Assented to MOTION for Extension of Time to 10/5/2018 to File Response/Reply as to #7 MOTION to Compel Individual Arbitration and Strike Class Allegations by Justin Muniz.(Lichten, Harold) |
| Filing 9 AFFIDAVIT of Douglas J. Hoffman in Support re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Compel Individual Arbitration and Strike Class Allegations filed by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 7 MOTION to Compel Individual Arbitration and Strike Class Allegations by XPO Last Mile, Inc..(Hoffman, Douglas) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Jones, Sherry) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 Chief Magistrate Judge David H. Hennessy. (Alba, Robert) |
| Filing 4 Case transferred in from Eastern Division (Boston) on 9/7/2018 Case Number 1:18-cv-11905. (Alba, Robert) |
| Filing 3 Case transferred to Central Division (Worcester) (McKillop, Matthew) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by XPO Last Mile, Inc.. (Hoffman, Douglas) |
| Filing 1 NOTICE OF REMOVAL by XPO Last Mile, Inc. ( Filing fee: $ 400, receipt number 0101-7309476 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Hoffman, Douglas) |
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