Martinez v. Fed Ex Ground Package System, Inc.
Fernandez Martinez and Shawnee Barrett |
Fed Ex Ground Package System, Inc. |
1:2020cv01052 |
October 12, 2020 |
US District Court for the District of New Mexico |
Laura Fashing |
Steven C Yarbrough |
Labor: Other |
29 U.S.C. § 206 Collect Unpaid Wages |
Defendant |
Docket Report
This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 125 ORDER by Magistrate Judge Laura Fashing. Status Conference set for 11/13/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) |
Filing 124 MEMORANDUM OPINION AND ORDER by Magistrate Judge Steven C. Yarbrough denying #84 Motion to Certify Class. (kfo) |
Filing 123 Plaintiffs' RESPONSE to Defendant's Notice of Supplemental Authority Regarding the Brayman Decision re #122 Notice (Other) filed by Shawnee Barrett, Fernandez Martinez. (Winebrake, Peter) |
Filing 122 NOTICE by Fed Ex Ground Package System, Inc. re #98 Response in Opposition to Motion,,,,,,,,,,,,,, #84 MOTION to Certify Class of Supplemental Authority (Brayman) (Attachments: #1 Exhibit A) (Scott, Jessica) |
Filing 121 TRANSCRIPT of Motion Hearing held on August 31, 2023, before Magistrate Judge Steven C. Yarbrough. Court Reporter/Transcriber Exceptional Reporting Services, Inc., Telephone number 361-949-2988. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 9/26/2023. Redaction Request due 10/10/2023. Redacted Transcript Deadline set for 10/20/2023. Release of Transcript Restriction set for 12/18/2023.(jg) |
Filing 120 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Motion Hearing held on 8/31/2023 re #84 Motion to Certify Class. (Recording Info: FTR Chama) (kfo) |
Filing 119 NOTICE by Shawnee Barrett, Fernandez Martinez re #84 MOTION to Certify Class PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING THE TENTH CIRCUITS JUNE 7, 2023 OPINION IN BLACK V. OCCIDENTAL PETROLEUM CORP. (Attachments: #1 Black v. Occidental Petroleum Corp., 69 F.4th 1161 (10th Cir. 2023)) (Winebrake, Peter) |
Filing 118 NOTICE by Fed Ex Ground Package System, Inc. re #84 MOTION to Certify Class Defendant FedEx Ground Package System, Inc,'s Notice of Supplemental Authority (Blair) in Support of FedEx Ground's Opposition to Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit A) (Scott, Jessica) |
Filing 117 AMENDED MEMORANDUM OPINION AND ORDER by Magistrate Judge Steven C. Yarbrough denying Motion to Dismiss. [Amending ECF #24 to correct a typographical error.] (kfo) |
Filing 116 RESPONSE re #115 Notice (Other), filed by Shawnee Barrett, Fernandez Martinez. (Winebrake, Peter) |
Filing 115 NOTICE by Fed Ex Ground Package System, Inc. re #98 Response in Opposition to Motion,,,,,,,,,,,,,, #84 MOTION to Certify Class Defendant FedEx Ground Package System, Inc.s Notice Of Supplemental Authority (Harris) In Support Of FedEx Grounds Opposition To Plaintiffs Motion For Class Certification (Scott, Jessica) |
Filing 114 RESPONSE re #112 Notice (Other) filed by Shawnee Barrett, Fernandez Martinez. (Winebrake, Peter) |
Filing 113 ORDER by Magistrate Judge Steven C. Yarbrough granting #102 Motion Requesting Oral Argument. The Court sets a hearing on #84 Motion for Class Certification for 8/31/2023 at 09:30 AM Mountain time in 480 Chama Courtroom located at the Pete V. Domenici United States Courthouse, Fourth Floor, 333 Lomas Boulevard, N.W., Albuquerque, NM 87102. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 112 NOTICE by Fed Ex Ground Package System, Inc. re #98 Response in Opposition to Motion,,,,,,,,,,,,,, of Supplemental Authority in Support of (Schaller, David) |
Filing 111 ORDER by Magistrate Judge Laura Fashing granting 110 Motion to Withdraw as Attorney. Attorney Teresa G. Akkara terminated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) |
Filing 109 RESPONSE re #108 Notice (Other) filed by Shawnee Barrett, Fernandez Martinez. (Lichten, Harold) |
Filing 108 NOTICE by Fed Ex Ground Package System, Inc. re #98 Response in Opposition to Motion,,,,,,,,,,,,,, Supplemental Authority (Attachments: #1 Exhibit A - Golden v. Quality of Life Services LLC) (Schaller, David) |
Filing 107 ORDER by Magistrate Judge Steven C. Yarbrough granting #106 Motion to Withdraw. Attorney Michelle Cassorla is withdrawn as counsel for Plaintiffs. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cm) |
Filing 106 MOTION to Withdraw as Attorney of Record by Shawnee Barrett, Fernandez Martinez. (Cassorla, Michelle) |
Filing 105 RESPONSE in Opposition to Plaintiffs' Notice of Supplemental Authority re #104 Notice (Other), filed by Fed Ex Ground Package System, Inc.. (Scott, Jessica) |
Filing 104 NOTICE by Shawnee Barrett, Fernandez Martinez re #84 MOTION to Certify Class - Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit A - Declaration of Dianna Karg) (Gottesfeld, Mark) |
Filing 103 NOTICE by Fed Ex Ground Package System, Inc. re #98 Response in Opposition to Motion,,,,,,,,,,,,,, Defendant Fedex Ground Package System, Inc.s Notice of Supplemental Authority in Support of Fedex Grounds Opposition To Plaintiffs Motion for Class Certification (Attachments: #1 Exhibit Exhibit A - to Defendant Fedex Ground Package System, Inc.s Notice of Supplemental Authority in Support of Fedex Grounds Opposition To Plaintiffs Motion for Class Certification, #2 Exhibit Exhibit B - to Defendant Fedex Ground Package System, Inc.s Notice of Supplemental Authority in Support of Fedex Grounds Opposition To Plaintiffs Motion for Class Certification) (Scott, Jessica) |
Filing 102 MOTION for Hearing re #98 Response in Opposition to Motion,,,,,,,,,,,,,, Requesting Oral Argument by Fed Ex Ground Package System, Inc.. (Attachments: #1 Proposed Order on FedEx Ground Package System, Inc.'s Motion for Oral Argument on Its Opposition to Plaintiffs' Motion for Class Certification) (Scott, Jessica) |
Filing 101 ORDER by Magistrate Judge Laura Fashing granting #99 Motion to Withdraw as Attorney. Attorney Brian Ruocco terminated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) |
Filing 100 REPLY to Response to Motion re #84 MOTION to Certify Class filed by Shawnee Barrett, Fernandez Martinez. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Examples of Common Evidence, #3 Exhibit 2 - Table of Cherry-Picked Testimony, #4 Exhibit 3 - Table of Common Deposition Testimony, #5 Exhibit 4 - Deposition Excerpts) (Lichten, Harold) |
Filing 99 MOTION to Withdraw as Attorney of Record (Brian T. Ruocco) by Fed Ex Ground Package System, Inc.. (Ruocco, Brian) |
Filing 98 RESPONSE in Opposition re #84 MOTION to Certify Class filed by Fed Ex Ground Package System, Inc.. (Attachments: #1 Appendix A - Identifying Exhibits, #2 Appendix B - Differences Among Service Providers, #3 Appendix C - Differences Among Drivers' Reported Experiences, #4 Appendix D - Contradictions between declarations and testimony, #5 Appendix E - Contractual Terms Comparisons, #6 Appendix F - Comparison of ISPA Terms and DOT Regulations, #7 Exhibit 1 - Peevy Declaration with Exhibits, #8 Exhibit 2 - Chavolla Business Proposal, #9 Exhibit 3 - Chavez, Joshua Deposition - Minuscript (11-14-2022), #10 Exhibit 4 - Barrett, Shawnee - Deposition Minuscript (10-25-2022), #11 Exhibit 5 - Ornelas, Mario Rojelio - Deposition Minuscript (11-10-2022), #12 Exhibit 6 - Braden, Evan J. - Deposition Minuscript (10-28-2022), #13 Exhibit 7 - Peevy, Milton - Deposition Minuscript (with linked exhibits) - 11-03-21, #14 Exhibit 8 - Martinez, Fernandez - Deposition Transcript (01-14-22), #15 Exhibit 9 - Terrazas, Julio Declaration, #16 Exhibit 10 - Martinez, Laura Declaration, #17 Exhibit 11 - Atencio, Steven Deposition - Minuscript (11-14-2022), #18 Exhibit 12 - Hendrix, Christopher Declaration, #19 Exhibit 13 - Valencia, Richard - Deposition Minuscript (11-10-21), #20 Exhibit 14 - SOP Business Plan Final, #21 Exhibit 15 - Oritz, Guadalupe W2, #22 Exhibit 16 - Strong, Josh Declaration, #23 Exhibit 17 - Rogers, Gary Declaration, #24 Exhibit 18 - Martinez, Fernandez RFA Responses, #25 Exhibit 19 - Barrett, Shawnee RFA Responses, #26 Exhibit 20 - Amador, Viola Declaration, #27 Exhibit 21 - Sauerman, Bryan - Deposition Minuscript (11-16-2022), #28 Exhibit 22 - Burke Expert Report, #29 Exhibit 23 - Amador Pay Records, #30 Exhibit 24 - Amador Time Cards, #31 Exhibit 25 - Barrett, Shawnee ROG Responses, #32 Exhibit 26 - Barrett, Shawnee Pay Records, #33 Exhibit 27 - Sleuth, Derek - Deposition Minuscript (11-11-2022), #34 Exhibit 28 - J&A Deliveries Time Records, #35 Exhibit 29 - Baca, Leonard - Deposition Minuscript (11-14-2022), #36 Exhibit 30 - Harper, Sean - Deposition Minuscript (12-05-2022), #37 Exhibit 31 - GTO Pay Records, #38 Exhibit 32 - J&A Deliveries Time Sheets, #39 Exhibit 33 - Google Maps Screenshots, #40 Exhibit 34 - Martinez Scanner Data, #41 Exhibit 35 - Lightfoot Class Cert. Opinion, #42 Exhibit 36 - Donovan, Debra - Deposition Minuscript (12-10-20) Final, #43 Exhibit 37 - Sokol, Mark - Deposition Minuscript (11-05-21) Final, #44 Exhibit 38 - Johnson, Shaun - Minuscript (09-24-21) Final, #45 Exhibit 39 - Randolph, Erin - Deposition Minuscript (07-08-21) Final2, #46 Exhibit 40 - Zheng, Hongwei Declaration, #47 Exhibit 41 - Armijo Class Cert. Opinion, #48 Exhibit 42 - Barrett, Shawnee GTO Pay, #49 Exhibit 43 - Morga Order, #50 Exhibit 44 - Greenline Pay Records, #51 Exhibit 45 - BLS Data, #52 Exhibit 46 - Saiz, Lisa Declaration, #53 Exhibit 47 - Barrett, Shawnee Scanner Data, #54 Exhibit 48 - Martinez, Fernandez Pay Records, #55 Exhibit 49 - Greenline TCard Report, #56 Exhibit 50 - Harper, Sean Pay Records, #57 Exhibit 51 - Sleuth, Derek Pay Records, #58 Exhibit 52 - Sleuth, Derek Scanner Data, #59 Exhibit 53 - Baca, Leonard Scanner Data, #60 Exhibit 54 - Chavez, Joshua Scanner Data, #61 Exhibit 55 - Harper, Sean Scanner Data, #62 Proposed Order) (Scott, Jessica) |
Filing 97 NOTICE by Shawnee Barrett, Fernandez Martinez CERTIFICATION OF GOOD STANDING (Milstein, Brandt) |
Filing 96 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Shawnee Barrett, Fernandez Martinez by Brandt Powers Milstein on behalf of: Matthew Carieri Lichten & Liss-Riordan, P.C. 729 Boylston St., Suite 2000Boston, MA 02116 617-994-5800 mcarrieri@llrlaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Association Dues Received: $ 100 receipt number ANMDC-8577101 re: # 96 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez, Shawnee Barrett (Payment made via Pay.gov)(Milstein, Brandt) |
Filing 94 ORDER by Magistrate Judge Laura Fashing granting #85 Motion to seal. (cda) |
Filing 93 ORDER by Magistrate Judge Laura Fashing granting #90 Motion to Extend deadline to complete depositions. The parties must complete the depositions of certain non-party putative class members by December 10, 2022. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) |
Filing 92 DECLARATION re #85 MOTION to Designate HSD to Provisionally Seal Documents of Milton Peevy in Support of Defendant's Notice of Filing Under Seal Exhibits Filed in Support of Plaintiffs' Motion for Class Certification by Fed Ex Ground Package System, Inc. (Ruocco, Brian) |
Filing 91 ORDER by Magistrate Judge Laura Fashing re: #88 NOTICE by Shawnee Barrett, Fernandez Martinez Letter to Magistrate Judge Fashing. The Court construes this filing as a request for a telephonic discovery conference. The Court DENIES the request because it does not comply with Judge Fashing's guidelines for telephonic discovery conferences (available at https://www.nmd.uscourts.gov/content/honorable-laura-fashing under "Phone Conferences"). The request does not comply with many of the procedures. Chief among these is the requirement that both parties agree to this procedure for resolving their dispute. Here, defendants do not agree to this procedure. See Doc. 89. Accordingly, the request for a telephonic discovery conference is denied. The Court does not reach the merits of the issue, which has not been properly placed before the Court. [THIS IS A TEXT-ONLY ISSUE. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) Modified on 11/18/2022 per ccp (cmm). |
Filing 90 Unopposed MOTION to Extend (other) by Shawnee Barrett, Fernandez Martinez. (Lichten, Harold) |
Filing 89 RESPONSE to Plaintiffs' Letter Brief re #88 Notice (Other) filed by Fed Ex Ground Package System, Inc.. (Ruocco, Brian) |
Filing 88 NOTICE by Shawnee Barrett, Fernandez Martinez Letter to Magistrate Judge Fashing (Attachments: #1 Exhibit A. Conferral Email Chain, #2 Exhibit B. Plaintiff's First and Second Sets of Requests for Production) (Lichten, Harold) |
Filing 87 NOTICE by Shawnee Barrett, Fernandez Martinez re 86 Association of Attorney Licensed Outside the District, CERTIFICATION OF GOOD STANDING (Milstein, Brandt) |
Filing 86 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Shawnee Barrett, Fernandez Martinez by Brandt Powers Milstein on behalf of: Mark J. Gottesfeld Winebrake & Santillo, LLC 715 Twining Road, Suite 211Dresher, PA 19025 215-884-2491 mgottesfeld@winebrakelaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Association Dues Received: $ 100 receipt number ANMDC-8548242 re: # 86 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez, Shawnee Barrett (Payment made via Pay.gov)(Milstein, Brandt) |
Filing 85 MOTION to Designate HSD to Provisionally Seal Documents by Shawnee Barrett, Fernandez Martinez. (Attachments: #1 Proposed Order) (Lichten, Harold) |
Filing 84 MOTION to Certify Class by Shawnee Barrett, Fernandez Martinez. (Attachments: #1 Exhibit Exhibits Index, #2 Exhibit A. Order Granting Motion for Class Certification, #3 Exhibit B. Declaration of Fernandez Martinez, #4 Exhibit C. Declaration of Shawnee Barrett, #5 Exhibit D. Exemplar Pay Records, #6 Exhibit E. Declarations, #7 Exhibit F. ISP Agreement, #8 Exhibit G. SEC Form 10-K, #9 Exhibit H. Linder Deposition Excerpt, #10 Exhibit I. Pierce Deposition Excerpt, #11 Exhibit J. ECF 375-1 from Claiborne v. FedEx Ground, #12 Exhibit K. Johnson Deposition Excerpt, #13 Exhibit L. Safety Information Guide, #14 Exhibit M. Criminal Background Check [CRL-562], #15 Exhibit N. Certificate of Violations [BD-48], #16 Exhibit O. Filed Under Seal, Martinez Disqualification Documents, #17 Exhibit P. Rosales Deposition Excerpt, #18 Exhibit Q. Filed Under Seal, Driver MVR Annual Review [BDS-061], #19 Exhibit R. Filed Under Seal, Driver Verification Process [CRL-200Auto], #20 Exhibit S. Filed Under Seal, Disqualifications [Policy BDS-050], #21 Exhibit T. Randolph Deposition Excerpt, #22 Exhibit U. OP-117, On the Road Reference Guide for Service Providers, #23 Exhibit V. Disqualification Event Form [BD-043], #24 Exhibit W. Disqualificaiton Notification Letter [BD-040], #25 Exhibit X. Valencia Deposition Excerpt, #26 Exhibit Y. Sokol Deposition Excerpt, #27 Exhibit Z. Landaverde Deposition Excerpt, #28 Exhibit AA. Donovan Deposition Excerpt, #29 Exhibit BB. Bacon Deposition Excerpt, #30 Exhibit CC. My Ground Biz communication notifying ISPs 2130 , #31 Exhibit DD. Filed Under Seal, Notice of Opportunity to Cure 5274 , #32 Exhibit EE. Filed Under Seal, Letter from SRM Braden to ISP 5285 , #33 Exhibit FF. Filed Under Seal, Business Discussion and Business Review Meetings [BDS-560], #34 Exhibit GG. Braden Deposition Excerpt, #35 Exhibit HH. Rowland Deposition Excerpt, #36 Exhibit II. Filed Under Seal, BDR 004762, 005287, 006017, 006036, #37 Exhibit JJ. Filed Under Seal, BDS-091, #38 Exhibit KK. Filed Under Seal, Annual Compliance Certification, #39 Exhibit LL. Filed Under Seal, Compliance Questionnaire, #40 Exhibit MM. Filed Under Seal, Safety and Compliance Questionnaire, #41 Exhibit NN. Declaration of Harold L. Lichten, #42 Exhibit OO. Declaration of Mark J. Gottesfeld, #43 Exhibit PP. Declaration of Brian D. Gonzales, #44 Exhibit QQ. Declaration of Brandt Milstein) (Lichten, Harold) |
Filing 83 ORDER by Magistrate Judge Steven C. Yarbrough granting #82 Motion for Leave to File Excess Pages (kfo) |
Filing 82 Joint MOTION for Leave to File Excess Pages by Shawnee Barrett, Fernandez Martinez. (Attachments: #1 Proposed Order) (Liss-Riordan, Shannon) |
Filing 81 NOTICE of Appearance by Teresa G. Akkara, I on behalf of Fed Ex Ground Package System, Inc. (Akkara, Teresa) |
Filing 80 NOTICE of Appearance by Thomas Dec on behalf of Fed Ex Ground Package System, Inc. (Dec, Thomas) |
Filing 79 ORDER by Magistrate Judge Laura Fashing. Depositions of non-party class members will be held via Zoom. Defendants will have 3 hours to question the deponents, and depositions will take place as soon as possible but no later than November 18, 2022, with the understanding that the parties will work in good faith the set the depositions. IT IS SO ORDERED. [THIS IS A TEXT-ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) |
Filing 78 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 10/20/2022. (cda) |
Filing 77 ORDER by Magistrate Judge Laura Fashing granting #76 Motion to Amend Scheduling Order. (cda) |
Filing 76 Joint MOTION to Amend/Correct Scheduling Order by Fed Ex Ground Package System, Inc.. (Attachments: #1 Proposed Order Re: Joint Motion for Amended Scheduling Order) (Ruocco, Brian) |
Filing 75 ORDER by Magistrate Judge Laura Fashing. Status Conference set for 10/20/2022 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) |
Filing 74 MEMORANDUM OPINION AND ORDER by Magistrate Judge Steven C. Yarbrough denying #54 Motion for Summary Judgment. (cm) |
Filing 73 FedEx Ground Package System, Inc.'s ANSWER to #72 Amended Complaint by Fed Ex Ground Package System, Inc..(Ruocco, Brian) |
Filing 72 AMENDED COMPLAINT against Fed Ex Ground Package System, Inc.. adding Shawnee Barrett., filed by Fernandez Martinez. (Lichten, Harold) |
Filing 71 ORDER by Magistrate Judge Steven C. Yarbrough granting #63 Motion for Leave to File Amended Complaint. Plaintiff shall file his proposed First Amended Complaint separately on the docket within 21 days of the date of this Order. (kfo) |
Filing 70 NOTICE by Fernandez Martinez re #61 Memorandum in Opposition, of Filing of Exhibits (Attachments: #1 Exhibit B to Docket 61, #2 Exhibit 2 to Exhibit A to Docket 61) (Liss-Riordan, Shannon) |
Filing 69 ORDER by Magistrate Judge Laura Fashing. Plaintiff filed his #61 Memorandum in Opposition to #54 Defendant's motion for summary judgment and referenced exhibits in the briefing but no exhibits are attached. If plaintiff wants the Court to consider the exhibits referenced in the briefing, exhibits must be filed with the Court no later than 7/21/2022. If exhibits contain confidential information, the parties are instructed to follow the procedures in #35 the protective order for filing confidential information and documents under seal. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda) |
Filing 68 REPLY to Response to Motion re #63 MOTION for Leave to File Amended Complaint (Plaintiff's Reply in support of Motion for leave to Amend Complaint to Add New Named Plaintiff to serve as Additional Class Representative) filed by Fernandez Martinez. (Lichten, Harold) |
Filing 67 MEMORANDUM in Opposition re #63 MOTION for Leave to File Amended Complaint filed by Fed Ex Ground Package System, Inc.. (Attachments: #1 Declaration of Brian Ruocco with Exhibits) (Ruocco, Brian) |
Filing 66 REPLY to Response to Motion re #54 MOTION for Summary Judgment FedEx Ground Package System, Inc.s Reply Brief In Support Of Its Motion For Summary Judgment filed by Fed Ex Ground Package System, Inc.. (Attachments: #1 Exhibit J - Valencia Richard - Deposition Minuscript with Linked Exhibits 1 (11-10-21), #2 Exhibit K - LRD- Manual Final 11-14-19 1) (Ruocco, Brian) |
Filing 65 NOTICE by Fed Ex Ground Package System, Inc. re #63 MOTION for Leave to File Amended Complaint Notice of Consented to Extension to File Response to Plaintiff's Motion for Leave to Amend Complaint (Ruocco, Brian) |
Filing 64 ORDER by Magistrate Judge Laura Fashing denying without prejudice #62 MOTION to Seal Document to Designate Highly Sensitive Documents, for failure to follow the procedures in #35 Order on Motion for Protective Order. The parties are instructed to follow the procedures in the protective order for filing confidential information and documents under seal. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda) |
Filing 63 MOTION for Leave to File Amended Complaint by Fernandez Martinez. (Attachments: #1 Exhibit A. Proposed First Amended Complaint) (Liss-Riordan, Shannon) |
Filing 62 MOTION to Seal Document to Designate Highly Sensitive Documents by Fernandez Martinez. (Liss-Riordan, Shannon) |
Filing 61 MEMORANDUM in Opposition re #54 MOTION for Summary Judgment filed by Fernandez Martinez. (Attachments: #1 Exhibit A. Declaration of Fernandez Martinez, 1. Badge, 2. Filed Under Seal, #2 Exhibit B. Filed Under Seal) (Liss-Riordan, Shannon) |
Filing 60 NOTICE by Fernandez Martinez re #54 MOTION for Summary Judgment Consented to (Second) Extension to File Response (Liss-Riordan, Shannon) |
Filing 59 NOTICE by Fernandez Martinez re #54 MOTION for Summary Judgment Consented to Extension to File Response (Liss-Riordan, Shannon) |
Filing 58 ORDER by Magistrate Judge Laura Fashing granting #53 Motion to Amend/Correct Scheduling Order. (cda) |
Filing 57 RESPONSE to Motion re #53 Joint MOTION to Amend/Correct #50 Order on Motion to Amend/Correct Proposed Order filed by Fernandez Martinez. (Liss-Riordan, Shannon) |
Filing 56 NOTICE by Fernandez Martinez re 55 Association of Attorney Licensed Outside the District, CERTIFICATION OF GOOD STANDING (Milstein, Brandt) |
Filing 55 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Harold Lichten Lichten & Liss-Riordan, P.C. 729 Boylan Street, Suite 2000Boston, MA 02116 617-994-5800 hlichten@llrlaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 54 MOTION for Summary Judgment by Fed Ex Ground Package System, Inc.. (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A - Plaintiff Martinez Deposition Transcript FINAL, #3 Exhibit B - Declaration of J. Strong, #4 Exhibit C - Plaintiff's Interrogatory Responses, #5 Exhibit D - Plaintiff's RFA Responses, #6 Exhibit E - Plaintiff's Google Maps Screenshots, #7 Exhibit F - Plaintiff's Scanner Data, #8 Exhibit G - J&A Deliveries' Pay Records, #9 Exhibit H - Plaintiff's Pay Records, #10 Exhibit I - Plaintiff's Supplemental Interrogatory Responses) (Schaller, David) |
Association Dues Received: $ 100 receipt number ANMDC-8117398 re: # 55 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Filing 53 Joint MOTION to Amend/Correct #50 Order on Motion to Amend/Correct by Fernandez Martinez. (Liss-Riordan, Shannon) |
Filing 52 ORDER by Magistrate Judge Laura Fashing granting #51 Unopposed Motion to Extend Deadline to File Rule 19 Motion. (ccp) |
Filing 51 MOTION to Continue FedEx Ground Package System, Inc.s Unopposed Motion To Continue The Deadline For Filing A Rule 19 Motion by Fed Ex Ground Package System, Inc.. (Attachments: #1 Proposed Order) (Scott, Jessica) |
Filing 50 ORDER by Magistrate Judge Laura Fashing granting #49 Motion to Amend/Correct Scheduling Order. (cda) |
Filing 49 Joint MOTION to Amend/Correct #47 Motion Hearing,, #48 Order on Motion for Protective Order, Order on Motion for Leave to File, Order on Motion to Amend/Correct by Fed Ex Ground Package System, Inc.. (Attachments: #1 Proposed Order) (Scott, Jessica) |
Filing 48 ORDER by Magistrate Judge Laura Fashing granting #36 Motion for Protective Order; granting #39 Motion for Leave to File Surreply; granting #40 Motion to Amend/Correct Scheduling Order. (cda) |
Filing 47 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Motion Hearing held on 12/13/2021 re #36 MOTION for Protective Order and Notice of Non-Appearance filed by Fernandez Martinez, #39 FedEx Grounds Motion For Leave To File Surreply In Opposition To Plaintiffs Motion For A Protective Order And Notice Of Non-Appearance filed by Fed Ex Ground Package System, Inc., and #40 MOTION to Amend/Correct Scheduling Order filed by Fed Ex Ground Package System, Inc. (Recording Info: Liberty-MARS) (cda) |
Filing 45 AMENDED ORDER RESETTING MOTION HEARING TO ZOOM HEARING by Magistrate Judge Laura Fashing (amended to correct Zoom access code only). Discovery Hearing set for 12/13/2021 at 10:00 AM remote via Zoom before Magistrate Judge Laura Fashing. (cda)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be docketed separately and accessible only to the participants.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***This hearing will be available for remote viewing by video stream.Please visit the Court's website at #www.nmd.uscourts.gov for information and instructions to connect. |
Filing 44 ORDER RESETTING TELEPHONIC MOTION HEARING TO ZOOM HEARING by Magistrate Judge Laura Fashing. Motion Hearing set for 12/13/2021 at 10:00 AM remote via Zoom before Magistrate Judge Laura Fashing. (cda)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be docketed separately and accessible only to the participants.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***This hearing will be available for remote viewing by video stream.Please visit the Court's website at #www.nmd.uscourts.gov for information and instructions to connect. |
Filing 43 ORDER by Magistrate Judge Laura Fashing setting a telephonic Motions Hearing for 12/13/2021 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing re #36 MOTION for Protective Order and Notice of Non-Appearance filed by Fernandez Martinez, #39 MOTION for Leave to File FedEx Grounds Motion For Leave To File Surreply In Opposition To Plaintiffs Motion For A Protective Order And Notice Of Non-Appearance filed by Fed Ex Ground Package System, Inc., and #40 MOTION to Amend/Correct #30 Order Adopting Joint Status Report, Scheduling Order filed by Fed Ex Ground Package System, Inc. (cda) |
Filing 42 NOTICE by Fernandez Martinez re 41 Association of Attorney Licensed Outside the District, CERTIFICATION OF GOOD STANDING (Milstein, Brandt) |
Filing 41 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Michelle Tolodziecki WINEBRAKE & SANTILLO, LLC 715 Twining Road, Suite 211Dresher, PA 19025 2158842491 Fax 2158842492 mtolodziecki@winebrakelaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Association Dues Received: $ 100 receipt number ANMDC-8011777 re: # 41 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Filing 40 MOTION to Amend/Correct #30 Order Adopting Joint Status Report, Scheduling Order by Fed Ex Ground Package System, Inc.. (Attachments: #1 Exhibit A-Scott Declaration, #2 Exhibit B-Proposed Order) (Ruocco, Brian) |
Filing 39 MOTION for Leave to File FedEx Grounds Motion For Leave To File Surreply In Opposition To Plaintiffs Motion For A Protective Order And Notice Of Non-Appearance by Fed Ex Ground Package System, Inc.. (Attachments: #1 Exhibit 1 - Surreply, #2 Exhibit 2 - Proposed Order) (Ruocco, Brian) |
Filing 38 RESPONSE in Support re #36 MOTION for Protective Order and Notice of Non-Appearance filed by Fernandez Martinez. (Liss-Riordan, Shannon) |
Filing 37 RESPONSE in Opposition re #36 MOTION for Protective Order and Notice of Non-Appearance filed by Fed Ex Ground Package System, Inc.. (Attachments: #1 Declaration in Support of Opposition to Motion to Compel) (Ruocco, Brian) |
Filing 36 MOTION for Protective Order and Notice of Non-Appearance by Fernandez Martinez. (Attachments: #1 Exhibit A. Notice of Deposition) (Liss-Riordan, Shannon) |
Filing 35 ORDER by Magistrate Judge Laura Fashing granting #34 Joint Motion for Protective Order. (ccp) |
Filing 34 Joint MOTION for Protective Order (also filed on behalf of Plaintiff) by Fed Ex Ground Package System, Inc.. (Schaller, David) |
Filing 33 ORDER by Magistrate Judge Laura Fashing granting #32 Unopposed Motion to Withdraw as Attorney. Attorney Dustin Lujan terminated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) |
Filing 32 Unopposed MOTION to Withdraw as Attorney by Fernandez Martinez. (Milstein, Brandt) |
Filing 31 NOTICE of Appearance by David Schaller on behalf of Fed Ex Ground Package System, Inc. (Schaller, David) |
Filing 30 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN and SCHEDULING ORDER by Magistrate Judge Laura Fashing. See order for details. (cda) |
Filing 29 NOTICE of Appearance by Brian Ruocco on behalf of Fed Ex Ground Package System, Inc. (Ruocco, Brian) |
Filing 28 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Rule 16 Initial Scheduling Conference held on 5/5/2021. (cda) |
Filing 27 Joint Status Report and Provisional Discovery Plan by Fed Ex Ground Package System, Inc. (Scott, Jessica) |
Filing 26 ANSWER to #1 Complaint with Jury Demand by Fed Ex Ground Package System, Inc.. Related document: #1 Complaint filed by Fernandez Martinez.(Scott, Jessica) |
Filing 25 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Rule 16 Initial Scheduling Conference set for 5/5/2021 at 02:15 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 4/28/2021. (cda) |
Filing 24 MEMORANDUM OPINION AND ORDER by Magistrate Judge Steven C. Yarbrough denying #12 Motion to Dismiss for Failure to State a Claim (kfo) |
Filing 23 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE CLASS ACTION COMPLAINT filed by Fed Ex Ground Package System, Inc.. (Scott, Jessica) |
Filing 22 NOTICE by Fed Ex Ground Package System, Inc. re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE CLASS ACTION COMPLAINT (Notice of Consented Extension to File Reply to Defendant's Motion to Dismiss The Class Action Complaint) (Scott, Jessica) |
Filing 21 MEMORANDUM in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE CLASS ACTION COMPLAINT filed by Fernandez Martinez. (Liss-Riordan, Shannon) |
Filing 20 NOTICE by Fernandez Martinez re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE CLASS ACTION COMPLAINT (Consented Extension to File Response to Defendant's Motion to Dismiss) (Liss-Riordan, Shannon) |
Filing 19 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 17 Consent to Proceed Before a U.S. Magistrate Judge, filed by Fernandez Martinez, 16 Consent to Proceed Before a U.S. Magistrate Judge, filed by Fed Ex Ground Package System, Inc.. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
Filing 18 NOTICE by Fernandez Martinez re 15 Association of Attorney Licensed Outside the District, CERTIFICATION OF GOOD STANDING (Milstein, Brandt) |
Filing 17 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Fernandez Martinez voluntarily consent(s) to have United States Magistrate Judge Steven C. Yarbrough conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 15 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Zachary Rubin Lichten & Liss-Riordan, P.C. 729 Boylston Street, Suite 2000Boston, MA 02116 617-994-5800 zrubin@llrlaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Association Dues Received: $ 100 receipt number ANMDC-7476955 re: # 15 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Filing 14 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 7 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 13 ORDER by Magistrate Judge Laura Fashing. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order at this time due to the pending dispositive motion (Doc. 12). [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ccp) |
Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE CLASS ACTION COMPLAINT by Fed Ex Ground Package System, Inc.. (Attachments: #1 Exhibit A - ISPA) (Scott, Jessica) |
Filing 11 Corporate Disclosure Statement by Fed Ex Ground Package System, Inc. identifying Corporate Parent FedEx Corporation for Fed Ex Ground Package System, Inc.. (Scott, Jessica) |
Filing 10 NOTICE of Appearance by Jessica Goneau Scott on behalf of Fed Ex Ground Package System, Inc. (Scott, Jessica) |
Filing 9 WAIVER OF SERVICE Returned Executed by Fernandez Martinez as to Fed Ex Ground Package System, Inc.. (Milstein, Brandt) |
Filing 8 NOTICE by Fernandez Martinez CERTIFICATION OF GOOD STANDING (Milstein, Brandt) |
Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Michelle Cassorla LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000Boston, MA 02116 617.994.5800 mcassorla@llrlaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 6 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Shannon Liss-Riordan LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000Boston, MA 02116 617.994.5800 sliss@llrlaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 5 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Peter Winebrake WINEBRAKE & SANTILLO, LLC 715 Twining Road, Suite 211Dresher, PA 19025 215.884.2491 pwinebrake@winebrakelaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 4 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Dustin Lujan LUJAN LAW OFFICE 1603 Capitol Avenue, Suite 310, #A559Cheyenne, WY 82001 970.999.4225 wyoadvocate@gmail.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Fernandez Martinez by Brandt Powers Milstein on behalf of: Brian Gonzales THE LAW OFFICES OF BRIAN D. GONZALEZ, PLLC 2580 East Harmony Road, Suite 201Fort Collins, CO 80528 970.214.0562 bgonzales@coloradowagelaw.com (Association Dues - Online Payment) (Milstein, Brandt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Association Dues Received: $ 100 receipt number ANMDC-7387403 re: # 3 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Association Dues Received: $ 100 receipt number ANMDC-7387448 re: # 7 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Association Dues Received: $ 100 receipt number ANMDC-7387435 re: # 5 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Association Dues Received: $ 100 receipt number ANMDC-7387441 re: # 6 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Association Dues Received: $ 100 receipt number ANMDC-7387420 re: # 4 Association of Attorney Licensed Outside the District, filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) |
United States Magistrate Judge Steven C. Yarbrough and Magistrate Judge Laura Fashing assigned. (arp) |
Filing 1 COMPLAINT CLASS ACTION COMPLAINT FOR UNPAID WAGES against Fed Ex Ground Package System, Inc. ( Filing Fee - Online Payment), filed by Fernandez Martinez. (Attachments: #1 Civil Cover Sheet)(Milstein, Brandt) |
Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7352213 re #1 Complaint filed by Fernandez Martinez (Payment made via Pay.gov)(Milstein, Brandt) |
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