Failla v. XPO Logistics Freight, Inc.
Plaintiff: Richard Failla
Defendant: XPO Logistics Freight, Inc.
Case Number: 3:2019cv00304
Filed: June 28, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: Graham Mullen
Nature of Suit: Civil Rights: Jobs
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2019 Opinion or Order Filing 27 ORDER granting #23 Motion to Stay Proceedings and Compel Arbitration. It is further ordered that Plaintiff shall proceed to arbitration in accordance with the terms of the Agreement, including proceeding to binding AAA arbitration in North Carolina; It is further ordered that this matter is STAYED as to all claims against Defendant pending the completion of binding Arbitration.Signed by Senior Judge Graham Mullen on 8/14/2019. (Pro se litigant served by US Mail.)(brj)
August 14, 2019 Filing 26 Attachment by XPO Logistics Freight, Inc.. Attachment to #25 Notice (Other) Proposed Order (Davis, M.)
August 13, 2019 Filing 25 NOTICE of Arbitration Filing by XPO Logistics Freight, Inc. (Attachments: #1 Exhibit A - AAA Letter)(Davis, M.)
July 29, 2019 Filing 24 MEMORANDUM in Support re #23 Unopposed MOTION to Stay Proceedings and Compel Arbitration by XPO Logistics Freight, Inc.. (Davis, M.)
July 29, 2019 Filing 23 Unopposed MOTION to Stay Proceedings and Compel Arbitration by XPO Logistics Freight, Inc.. Responses due by 8/12/2019 (Attachments: #1 Exhibit A - 07.09.19 Email)(Davis, M.)
July 26, 2019 Opinion or Order TEXT-ONLY ORDER granting #22 Motion to Withdraw as Attorney. Remer & Georges-Pierre, PLLC, Jason Saul Remer; Manuel Alejandro Antommattei and Miriam Brooks terminated. Plaintiff shall have thirty (30) days to obtain new counsel or otherwise announce that he intends to represent himself. Entered by Senior Judge Graham Mullen on 7/26/2019. (STB)
July 8, 2019 Filing 22 MOTION to Withdraw as Attorney by Richard Failla. Responses due by 7/22/2019 (Attachments: #1 Proposed Order)(rth)
July 8, 2019 Filing 21 Notice of Substitution of Counsel by M. Robin Davis on behalf of XPO Logistics Freight, Inc., Attorney Mendy Halberstam and Stephanie M. Spritz terminated. (Davis, M.)
July 8, 2019 Filing 20 NOTICE of Appearance by Jonathan L. Crook on behalf of XPO Logistics Freight, Inc. (Crook, Jonathan)
July 8, 2019 Filing 19 NOTICE of Appearance by M. Robin Davis on behalf of XPO Logistics Freight, Inc. (Davis, M.)
July 8, 2019 Reset Deadlines: Compliance Deadline 7/15/2019. (rth)
July 1, 2019 Notice to Jason Saul Remer, Manuel Alejandro Antommattei, Miriam Brooks, Stephanie M. Spritz, Mendy Halberstam: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 7/8/2019. (rth)
June 28, 2019 Filing 18 Case transferred in from District of Florida Southern; Case Number 1:19-cv-21448. Original electronic file and docket sheet received.
June 28, 2019 Case assigned to Senior Judge Graham Mullen. 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)
June 28, 2019 Opinion or Order Filing 17 ORDER granting #5 Defendant's MOTION to Change Venue. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/28/2019. See attached document for full details. (kmh) [Transferred from Florida Southern on 7/1/2019.]
May 20, 2019 Filing 16 STATUS REPORT on Removal by XPO Logistics Freight, Inc. (Attachments: #1 Exhibit 1-State court pleadings)(Spritz, Stephanie) [Transferred from Florida Southern on 7/1/2019.]
May 10, 2019 Filing 15 NOTICE of Compliance Order D.E. 14 by Richard Failla re 14 Order on Motion for Extension of Time (Brooks, Miriam) [Transferred from Florida Southern on 7/1/2019.]
May 10, 2019 Opinion or Order Filing 14 PAPERLESS ORDER granting #13 Second MOTION for Extension of Time. Plaintiff shall provide a finalized response with respect to forum location by 5/10/2019. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/10/2019. (kmh) [Transferred from Florida Southern on 7/1/2019.]
May 9, 2019 Filing 13 Second MOTION for Extension of Time Respond to D.E. 10 re 10 Order by Richard Failla. Responses due by 5/23/2019 (Brooks, Miriam) [Transferred from Florida Southern on 7/1/2019.]
May 8, 2019 Filing 12 Joint Election to Jurisdiction for Final Disposition of Motions . Filed by XPO Logistics Freight, Inc. (Spritz, Stephanie) [Transferred from Florida Southern on 7/1/2019.]
May 8, 2019 Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by XPO Logistics Freight, Inc. (Attachments: #1 Exhibit A-Pretrial Deadlines and Trial Date)(Spritz, Stephanie) [Transferred from Florida Southern on 7/1/2019.]
May 7, 2019 Opinion or Order Filing 10 PAPERLESS ORDER granting extension to 5/9/2019 to determine the forum's location as requested in #9 RESPONSE to Motion. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/7/2019. (kmh) [Transferred from Florida Southern on 7/1/2019.]
May 6, 2019 Filing 9 RESPONSE to Motion re #5 Defendant's MOTION to Change Venue or in the Alternative MOTION to Compel Arbitration MOTION to Stay filed by Richard Failla. Replies due by 5/13/2019. (Brooks, Miriam) [Transferred from Florida Southern on 7/1/2019.]
May 6, 2019 Opinion or Order Filing 8 ORDER REFERRING #5 Defendant's MOTION to Change Venue or in the Alternative MOTION to Compel Arbitration MOTION to Stay filed by XPO Logistics Freight, Inc.. Motions referred to Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 5/6/2019. See attached document for full details. (mc) [Transferred from Florida Southern on 7/1/2019.]
May 3, 2019 Filing 7 Certificate of Other Affiliates by Richard Failla (Brooks, Miriam) [Transferred from Florida Southern on 7/1/2019.]
April 22, 2019 Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement by XPO Logistics Freight, Inc. identifying Corporate Parent XPO Logistics, Inc., Corporate Parent XPO CNW, Inc. for XPO Logistics Freight, Inc. (Spritz, Stephanie) [Transferred from Florida Southern on 7/1/2019.]
April 22, 2019 Filing 5 Defendant's MOTION to Change Venue or in the Alternative ( Responses due by 5/6/2019), MOTION to Compel Arbitration ( Responses due by 5/6/2019), MOTION to Stay by XPO Logistics Freight, Inc.. (Attachments: #1 Exhibit 1-Declaration of Jody Block with attached Exhibit A, #2 Exhibit 2-Order Granting Motion to Transfer Venue in McNiven v. XPO Logistics Freight, Inc.)(Spritz, Stephanie) [Transferred from Florida Southern on 7/1/2019.]
April 18, 2019 Filing 4 Notice of Court Practice in Removal Cases. Signed by Judge Jose E. Martinez on 4/18/2019. See attached document for full details. (dq) [Transferred from Florida Southern on 7/1/2019.]
April 18, 2019 Opinion or Order Filing 3 Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 4/18/2019. See attached document for full details. (dq) [Transferred from Florida Southern on 7/1/2019.]
April 16, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (vmz) [Transferred from Florida Southern on 7/1/2019.]
April 16, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11561991, filed by XPO Logistics Freight, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-Return of Service and State Court Complaint, #3 Exhibit 2-Declaration of Alejandra Gomez)(Halberstam, Mendy) [Transferred from Florida Southern on 7/1/2019.]

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Plaintiff: Richard Failla
Represented By: Miriam Brooks
Represented By: Jason Saul Remer
Represented By: Manuel Alejandro Antommattei
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Defendant: XPO Logistics Freight, Inc.
Represented By: Mendy Halberstam
Represented By: Stephanie M. Spritz
Represented By: Jonathan L. Crook
Represented By: M. Robin Davis
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