Brown v. United Parcel Service Inc. et al
| Christina Shanay Brown |
| United Parcel Service Inc. d/b/a UPS, Axel Doe and United Parcel Service Inc. Individually doing business as UPS |
| 1:2020cv09602 |
| November 16, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 nr |
| Plaintiff |
Docket Report
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Filing 26
ORDER terminating #17 Motion to Remand to State Court. The Clerk of Court is respectfully directed to terminate the motion pending at docket 17. (Signed by Judge Paul A. Engelmayer on 1/13/2021) (nb)
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| Filing 25 FIRST LETTER addressed to Judge Paul A. Engelmayer from Ismail Sekendiz dated 1/13/2020 re: Notice of Withdrawal of Plaintiff's motion to remand. Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
| Filing 24 NOTICE of Notice of Withdrawal of Plaintiff's Motion to remand re: #17 FIRST MOTION to Remand to State Court .. Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
| Filing 23 DECLARATION of Christine L. Hogan in Opposition re: #17 FIRST MOTION to Remand to State Court .. Document filed by United Parcel Service Inc.. (Attachments: #1 Exhibit A - Memo Endorsement filed in Rubert v. King in Rubert).(Hogan, Christine) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #17 FIRST MOTION to Remand to State Court . . Document filed by United Parcel Service Inc...(Hogan, Christine) |
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Filing 21
ORDER: On December 14, 2020, plaintiff Christina Shanay Brown ("Brown") filed a motion to remand this action to state court, pursuant to 28 U.S.C. 1447(c). Accordingly, it is hereby ordered that defendant shall serve any response to the motion to remand by January 4, 2021. Browns reply, if any, shall be served by January 19, 2021. (Signed by Judge Paul A. Engelmayer on 12/15/2020) (cf)
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| Filing 20 LETTER addressed to Judge Paul A. Engelmayer from Thelma Akpan dated December 15, 2020 re: Response to Judge's Order dated November 17, 2020 regarding Notice of Removal. Document filed by United Parcel Service Inc...(Akpan, Thelma) |
| Filing 19 DECLARATION of Ismail Sekendiz in Support re: #17 FIRST MOTION to Remand to State Court .. Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
| Filing 18 FIRST MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Remand to State Court . and affirmation. Document filed by Christina Shanay Brown. (Attachments: #1 Exhibit complaint, #2 Exhibit affidavit of service, #3 Exhibit stip to extend, #4 Exhibit usps service, #5 Exhibit affidavit of service).(Sekendiz, Ismail) |
| Filing 17 FIRST MOTION to Remand to State Court . Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
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Filing 16
MEMO ENDORSEMENT on re: #6 Order for Initial Pretrial Conference. ENDORSEMENT: As this case has been referred to mediation, Dkt. 11, the initial conference in this case, scheduled for December 22, 2020, is hereby adjourned. The Court also adjourns the parties' deadlines to submit a proposed Civil Case Management Plan and joint letter. However, defendant shall file forthwith the letter required by the Court's November 17, 2020 order, which was due by December 1, 2020, setting forth (1) whether all defendants who had been served at the time of removal joined the notice of removal; (2) whether the notice of removal was dated more than 30 days after the first defendant was served; and (3) the basis for the Court's diversity jurisdiction. If plaintiff has any response to that submission, that response must be submitted to the Court within seven days of defendant's submission. (Signed by Judge Paul A. Engelmayer on 12/9/2020) (jwh)
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| Filing 15 SUMMONS RETURNED EXECUTED. United Parcel Service Inc. served on 9/25/2020, answer due 12/2/2020. Service was accepted by via secretary of state. Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
| Filing 14 SUMMONS RETURNED EXECUTED. Axel Doe served on 9/24/2020, answer due 10/15/2020. Service was accepted by place of employment. Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
| Filing 13 SUMMONS RETURNED EXECUTED. United Parcel Service Inc. served on 10/25/2020, answer due 12/2/2020. Service was accepted by via secretary of state. Document filed by Christina Shanay Brown..(Sekendiz, Ismail) |
| Filing 12 NOTICE OF APPEARANCE by Ismail Sinan Sekendiz on behalf of Christina Shanay Brown..(Sekendiz, Ismail) |
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Filing 11
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 12/18/2020. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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| Filing 10 ANSWER to Complaint. Document filed by United Parcel Service Inc...(Hogan, Christine) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Parcel Service of America, Inc., Corporate Parent UPS Worldwide Forwarding, Inc., Corporate Parent united parcel service, inc. (delaware), Corporate Parent United Parcel Service, Inc. (Ohio) for United Parcel Service Inc.. Document filed by United Parcel Service Inc...(Hogan, Christine) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christine Lee Hogan to RE-FILE Document #2 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| Filing 8 MEMO ENDORSEMENT on re: #7 Letter, filed by United Parcel Service Inc. ENDORSEMENT: Pursuant to Federal Rule of Civil Procedure 81(c)(2)(C), defendant's deadline to file its answer is November 23, 2020, notwithstanding the parties' prior stipulation in state court. The Court, however, construes defendant's letter as a request to extend that deadline. That request is granted. Defendant's response to the complaint is due by December 2, 2020. (United Parcel Service Inc. answer due 12/2/2020.) (Signed by Judge Paul A. Engelmayer on 11/18/2020) (rro) |
| Filing 7 LETTER addressed to Judge Paul A. Engelmayer from Thelma Akpan dated November 18, 2020 re: Will Court acknowledge Stipulation filed in State Court requesting an extension of the deadline to respond to Complaint or does Defendant need to file a letter motion requesting an extension. Document filed by United Parcel Service Inc...(Akpan, Thelma) |
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Filing 6
ORDER: Initial Conference set for 12/22/2020 at 02:00 PM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 11/17/2020) (jwh)
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| Filing 5 NOTICE OF APPEARANCE by Thelma Akpan on behalf of United Parcel Service Inc...(Akpan, Thelma) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christine Lee Hogan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441nr; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christine Lee Hogan. The party information for the following party/parties has been modified: United Parcel Service Inc. ; Axel Doe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
| Filing 4 CIVIL COVER SHEET filed..(Hogan, Christine) |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal w exhibits, Notice to Adverse Party of Filing of Notice of Removal, 7.1 Disclosure Statement, Civil Cover Sheet served on Ismail Sekendiz on November 16, 2020. Service was made by Overnight Courier. Document filed by United Parcel Service Inc...(Hogan, Christine) |
| Filing 2 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent united parcel service, inc. (delaware) for United Parcel Service Inc.. Document filed by United Parcel Service Inc...(Hogan, Christine) Modified on 11/23/2020 (ldi). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of NY, County of Bronx. Case Number: 30687/2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-22596766).Document filed by United Parcel Service Inc.. (Attachments: #1 Exhibit A - Service of Process with Summons & Complaint filed in Supreme Court of NY, Bronx County, #2 Exhibit B - Stipulation extending the deadline for defendant to respond to Complaint, #3 Exhibit C - NYDOS Corporate Report, #4 Exhibit D - Notice to Clerk of Supreme Court of NY, #5 Exhibit E - Notice of Removal to Adverse Parties).(Hogan, Christine) |
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