Hynan v. XPO Logistics Freight, Inc.
| Matthew Hynan |
| XPO Logistics Freight, Inc. |
| 3:2019cv00185 |
| April 15, 2019 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Robert J Conrad |
| David Keesler |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. ยง 2601 |
| Plaintiff |
Docket Report
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| Filing 20 Case transferred in from District of Indiana Southern; Case Number 1:18-cv-02816. Original electronic file and docket sheet received. |
| Filing 19 Transfer Letter to Clerk of the Western District of North Carolina. Case transferred electronically to Western District of North Carolina, on April 15, 2019. (JDH) [Transferred from Indiana Southern on 4/15/2019.] |
Filing 18
CLOSED TRANSFER to Western District of North Carolina - The Court concludes that this matter should have been filed, if at all, in the U.S. District Court for the Western District of North Carolina, Charlotte Division, pursuant to the terms of the parties' Agreement. The Court therefore TRANSFERS this matter to that court. The issue of whether Mr. Hynan's claims must be arbitrated remains for the transferee court to decide. Insofar as it pends in this Court, the Court DENIES XPO's Motion to Dismiss and to Compel Arbitration. #12 (See Order). Signed by Judge Jane Magnus-Stinson on 4/15/2019.(JDH) [Transferred from Indiana Southern on 4/15/2019.]
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| Notice to Andrew Dutkanych, III, Lauren Elizabeth Berger, Kenneth B. Siepman: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 4/22/2019. (rth) |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Filing 17 REPLY in Support of Motion re #12 MOTION to Dismiss and to Compel Arbitration , filed by Defendant XPO LOGISTICS FREIGHT, INC.. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Paul Frayer)(Siepman, Kenneth) [Transferred from Indiana Southern on 4/15/2019.] |
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Filing 16
ORDER: This matter comes before the Court on Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion to Dismiss and Compel Arbitration. [Dkt. 14.] Plaintiff's Response in Opposition Defendant's motion was timely filed. [Dkt. 15.] Therefore, the Court hereby DENIES AS MOOT Plaintiff's Motion for Extension of Time. [Dkt. #14 .] Signed by Magistrate Judge Mark J. Dinsmore on 1/17/2019. (SWM) [Transferred from Indiana Southern on 4/15/2019.]
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| Filing 15 RESPONSE in Opposition re #12 MOTION to Dismiss and to Compel Arbitration , filed by Plaintiff MATTHEW HYNAN. (Berger, Lauren) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 14 MOTION for Extension of Time to File Response to January 18, 2019 re #12 MOTION to Dismiss and to Compel Arbitration , filed by Plaintiff MATTHEW HYNAN. (Attachments: #1 Text of Proposed Order)(Berger, Lauren) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION to Dismiss and to Compel Arbitration , filed by Defendant XPO LOGISTICS FREIGHT, INC.. (Siepman, Kenneth) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 12 MOTION to Dismiss and to Compel Arbitration, filed by Defendant XPO LOGISTICS FREIGHT, INC.. (Attachments: #1 Exhibit A - Declaration of Paul Frayer, #2 Exhibit B - Declaration of Kenneth Siepman, #3 Text of Proposed Order)(Siepman, Kenneth) [Transferred from Indiana Southern on 4/15/2019.] Modified on 4/15/2019 to remove motion term date (rth). |
| Filing 11 Corporate Disclosure Statement by XPO LOGISTICS FREIGHT, INC.. (Siepman, Kenneth) [Transferred from Indiana Southern on 4/15/2019.] |
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Filing 10
ORDER denying as moot Defendant's #9 Motion for Extension of Time. Local Rule 6-1(a) (5) requires that such motions be filed "at least three business days prior to the deadline absent extraordinary circumstances...." S.D. Ind. L.R. 6-1(a)(5). The instant motion was filed on the day Defendant's response to the Complaint was due. The Court further notes that Local Rule 6-1(b) allows a party to obtain an automatic enlargement of time, not to exceed 28 days, to respond to a pleading if the enlargement is not opposed and other requirements are satisfied. S.D. Ind. L.R. 6-1(b). Accordingly, Defendants motion is DENIED AS MOOT and will be treated by the Court as Defendant's notice of an automatic enlargement of time to and including December 26, 2018 (the requested date, December 24, 2018 and the following day both being court holidays) to respond to Plaintiff's Complaint. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 12/19/2018. (SWM) [Transferred from Indiana Southern on 4/15/2019.]
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| Filing 9 MOTION for Extension of Time to 12/24/2018 in which to #1 Complaint (Respond to Complaint), filed by Defendant XPO LOGISTICS FREIGHT, INC.. (Attachments: #1 Text of Proposed Order)(Siepman, Kenneth) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 8 NOTICE of Appearance by Kenneth B. Siepman on behalf of Defendant XPO LOGISTICS FREIGHT, INC.. (Siepman, Kenneth) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 7 NOTICE of Appearance by Lauren Elizabeth Berger on behalf of Plaintiff MATTHEW HYNAN. (Berger, Lauren) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 6 WAIVER OF SERVICE Returned Executed, filed by MATTHEW HYNAN. XPO LOGISTICS FREIGHT, INC. waiver sent on 10/17/2018. (Dutkanych, Andrew) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 5 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (APD) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 3 Summons Issued as to XPO LOGISTICS FREIGHT, INC.. (HET) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 2 NOTICE of Appearance by Andrew Dutkanych, III on behalf of Plaintiff MATTHEW HYNAN. (Dutkanych, Andrew) [Transferred from Indiana Southern on 4/15/2019.] |
| Filing 1 COMPLAINT against XPO LOGISTICS FREIGHT, INC., filed by MATTHEW HYNAN. (Filing fee $400, receipt number 0756-5059558) (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Dutkanych, Andrew) [Transferred from Indiana Southern on 4/15/2019.] |
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| Defendant: XPO Logistics Freight, Inc. | |
| Represented By: | Kenneth B. Siepman |
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| Plaintiff: Matthew Hynan | |
| Represented By: | Andrew Dutkanych, III |
| Represented By: | Lauren Elizabeth Berger |
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