Kelly v. FedEx Ground Package System, Inc.
| Fallon Kelly |
| FedEx Corporate Services, Inc. and FedEx Ground Package System, Inc. |
| 3:2022cv00050 |
| March 25, 2022 |
| US District Court for the District of North Dakota |
| Alice R Senechal |
| Peter D Welte |
| Contract: Other |
| 49 U.S.C. § 81 Damaged Goods While Being Transported |
| None |
Docket Report
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This docket was last retrieved on July 1, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER by Chief Judge Peter D. Welte finding as moot #5 Motion to Dismiss; granting 11 Motion to Remand ; and adopting #18 Report and Recommendation. (JS)
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| DOCKET ANNOTATION: Certified copy of #20 Order remanding case to state court mailed to Clerk of Ransom County District Court, Southeast Judicial District, Lisbon, North Dakota. (lf) Modified on 7/5/2022 to add Order number. Regenerated NEF. (rh) |
| Civil Case Terminated. (lf) |
| DOCKET CORRECTION re: #19 OBJECTION. Modified entry to remove terminated filer (FedEx Corporate Services, Inc.). (pb) |
| Filing 19 OBJECTION by FedEx Ground Package System, Inc. to #18 Report and Recommendations . (Presthus, Courtney) Modified to remove terminated filer (FedEx Corporate Services, Inc.) on 6/15/2022 (pb). |
| Set/Reset Deadlines as to #18 REPORT AND RECOMMENDATIONS re 11 MOTION to Remand to State Court filed by Fallon Kelly, #5 MOTION to Dismiss filed by FedEx Corporate Services, Inc.. Responses to Objections due by 6/21/2022 (jb) |
| Filing 18 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal recommending the 11 MOTION to Remand to State Court filed by Fallon Kelly be granted and the #5 MOTION to Dismiss filed by FedEx Corporate Services, Inc., be found moot. Objections to R&R due by 6/14/2022. Responses to objections due 6/21/2022. (AS) |
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Filing 17
(Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal no longer assigned as presiding judge. (pb)
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| Filing 16 CONSENT/REASSIGNMENT FORM by Fallon Kelly. (pb) |
| DOCKET CORRECTION re: #12 MEMORANDUM in Support. Wrong event selected. Clerks office restricted access to document and re-filed as RESPONSE to Motion at #15 . (js) |
| Filing 14 SECOND NOTICE of Direct Assignment as to Fallon Kelly. Consent/Reassignment Form due by 4/19/2022. (pb) |
| Filing 15 RESPONSE to Motion re 11 MOTION to Remand to State Court filed by FedEx Corporate Services, Inc. (js) |
| Filing 13 REPLY to Response to Motion re #5 MOTION to Dismiss Reply in Further Support of Motion to Dismiss filed by FedEx Corporate Services, Inc.. (Presthus, Courtney) |
| Filing 12 *RESTRICTED - WRONG EVENT SELECTED* MEMORANDUM in Support re 11 MOTION to Remand to State Court Brief in Opposition to Motion to Remand filed by FedEx Corporate Services, Inc. (Presthus, Courtney) Modified on 4/13/2022 to restrict access. (js) |
| DOCKET CORRECTION re: #9 REPLY to Response to Motion. Clerk's Office restricted access to document and re-filed as RESPONSE to Motion at #10 . Exhibit descriptions were corrected/added. A MOTION to Remand to State Court was docketed at 11 as requested in the document at #10 . (sj) |
| Filing 11 MOTION to Remand to State Court by Fallon Kelly. See Doc #10 . (sj) |
| Filing 10 RESPONSE to Motion re #5 MOTION to Dismiss filed by Fallon Kelly. (Attachments: #1 Exhibit 1 - Amended Complaint in District Court, County of Ransom Civil No. 37-2022-cv-00020, #2 Exhibit 2 - Plaintiff's Interrogatories and Request for Production of Documents to Defendant in District Court, County of Ransom, Civil No. 37-2022-cv-00022)(sj) |
| Filing 9 *RESTRICTED - WRONG EVENT SELECTED* REPLY to Response to Motion re #5 MOTION to Dismiss Objection to Removal and Reply to Motion to Dismiss filed by Fallon Kelly. (Attachments: #1 Exhibit Exhibit 1 to Objection to Removal and Reply to Motion to Dismiss, #2 Exhibit Exhibit 2 to Objection to Removal and Reply to Motion to Dismiss)(Kelly, Fallon) Modified on 4/5/2022 to restrict access. (sj). |
| Filing 8 CONSENT/REASSIGNMENT FORM by FedEx Corporate Services, Inc. (pb) |
| Filing 7 NOTICE of Direct Assignment as to FedEx Corporate Services, Inc.. Consent/Reassignment Form due by 4/13/2022. (js) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss filed by FedEx Corporate Services, Inc.. (Attachments: #1 Exhibit A - Service Guide and FedEx Ground's Tariff)(Presthus, Courtney) (Attachment 1 replaced on 3/30/2022 to remove overlapping header) Modified on 3/30/2022 to add Exhibit letter to docket text. NEF Regenerated (mf) |
| Filing 5 MOTION to Dismiss by FedEx Corporate Services, Inc.. (Presthus, Courtney) |
| Filing 4 NOTICE of Direct Assignment as to Fallon Kelly. Consent/Reassignment Form due by 4/11/2022. (mf) |
| DOCKET CORRECTION re: #3 Corporate Disclosure Statement. Clerk's Office corrected docket language to reflect the correct corporate parent and other affiliate. (mf) |
| Filing 3 Corporate Disclosure Statement by FedEx Corporate Services, Inc. identifying Corporate Parent FedEx Corporation and Other Affiliate FedEx Ground Package System, Inc. for FedEx Corporate Services, Inc. (Presthus, Courtney) Modified on 3/28/2022 to clarify corporate parents and other affiliates. Regenerated NEF (mf) |
| Filing 2 NOTICE of Direct Assignment as to FedEx Corporate Services, Inc.. Consent/Reassignment Form due by 4/8/2022. (sj) |
| Filing 1 NOTICE OF REMOVAL by FedEx Corporate Services, Inc. from District Court, County of Ransom, Case Number 37-2022-cv-00020. Filing fee $ 402 receipt number 322000202 filed by FedEx Corporate Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Copy of all process, pleadings, and orders in the State Court Action, #3 Exhibit B - Detailed Tracking for package 775854059744, #4 Exhibit C - Proof of Delivery, #5 Exhibit D - Damage Claim, #6 Exhibit E - Denial Email)(sj) |
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