Malone v. UNITED PARCEL SERVICE, INC.
| Michael Malone |
| UNITED PARCEL SERVICES, INC. and UNITED PARCEL SERVICE, INC. |
| SANDRA JESKIE |
| 2:2021cv03643 |
| August 16, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| GENE EK PRATTER |
| Civil Rights: Employment |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER THAT UPS'S MOTION TO DISMISS IS DENIED FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE GENE E.K. PRATTER ON 5/9/23. 5/10/23 ENTERED AND COPIES E-MAILED.(jaa, )
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| Filing 43 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 5/9/23. 5/10/23 ENTERED AND COPIES E-MAILED.(jaa, ) Modified on 5/10/2023 (jaa, ). |
| Filing 42 Notice of Filing of Official Transcript with Certificate of Service re #41 Transcript - PDF,, 3/13/23 Entered and Copies Emailed. (jaa, ) |
| Filing 41 TRANSCRIPT of ORAL ARGUMENT ON THE MOTION TODISMISS held on 2/13/23, before Judge HONORABLE GENE E.K. PRATTER. Court Reporter: Cherilyn M. McCollum, CCR-NJ, RPR. Transcript may be viewed at the court 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. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (jaa, ) |
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Filing 40
ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/16/23. 2/16/23 ENTERED AND COPIES E-MAILED.(jaa, )
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| Filing 39 NOTICE of Appearance by Rachel Katherine Mudra on behalf of UNITED PARCEL SERVICE, INC. with Certificate of Service(Mudra, Rachel) |
| Filing 38 NOTICE of Hearing: FINAL PRETRIAL CONFERENCE SET FOR 2/13/2023 at 2:00 PM IN Courtroom 10B (IMMEDIATLY FOLLOWING THE ORAL ARGUMENT ON THE MOTION TO DISMISS) BEFORE HONORABLE GENE E.K. PRATTER.(sfl) |
| Filing 37 REPLY to Response to Motion re #31 MOTION to Dismiss - Memorandum Of Law In Further Support Of Defendant's Motion To Dismiss Plaintiff's Complaint - filed by UNITED PARCEL SERVICE, INC.. (Attachments: #1 Declaration of Benjamin Jones in Further Support of Motion to Dismiss)(KENNEDY, GARRETT) |
| Filing 36 RESPONSE in Opposition re #31 MOTION to Dismiss filed by MICHAEL MALONE. (Attachments: #1 Declaration Declaration of Sarah Schalman-Bergen, #2 Text of Proposed Order)(SCHALMAN-BERGEN, SARAH) |
| Filing 35 Report Of SPECIAL MASTER'S REPORT AND RECOMMENDATION by SANDRA JESKIE. (JESKIE, SANDRA) |
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Filing 34
ORDER APPROVING RE #33 Stipulation. MR. MALONE SHALL FILE HIS OPPOSITION TO UPS'S MOTION TO DISMISS ON OR BEFORE FRIDAY, DECEMBER 9, 2022 AND UPS SHALL FILE ANY REPLY ON OR BEFORE FRIDAY, DECEMBER 23, 2022. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/22/2022. 11/22/2022 ENTERED AND COPIES E-MAILED.(sfl)
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Filing 33
STIPULATION AND ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/21/2022. 11/21/2022 ENTERED AND COPIES E-MAILED.(sfl)
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| Filing 32 NOTICE of Hearing on Motion #31 MOTION to Dismiss : MOTION HEARING SET FOR 2/13/2023 AT 2:00 PM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.(sfl) |
| Filing 31 MOTION to Dismiss filed by UNITED PARCEL SERVICE, INC..Memorandum, Declaration, Declaration. (Attachments: #1 Memorandum, #2 Declaration Garrett D. Kennedy, #3 Exhibit A - to Garrett D. Kennedy Declaration, #4 Exhibit B - to Garrett D. Kennedy Declaration, #5 Exhibit C - to Garrett D. Kennedy Declaration, #6 Exhibit D - to Garrett D. Kennedy Declaration, #7 Exhibit E - to Garrett D. Kennedy Declaration, #8 Exhibit F - to Garrett D. Kennedy Declaration, #9 Exhibit G - to Garrett D. Kennedy Declaration, #10 Exhibit H - to Garrett D. Kennedy Declaration, #11 Exhibit I - to Garrett D. Kennedy Declaration, #12 Exhibit J - to Garrett D. Kennedy Declaration, #13 Exhibit K - to Garrett D. Kennedy Declaration, #14 Exhibit L - to Garrett D. Kennedy Declaration, #15 Declaration Benjamin Jones)(KENNEDY, GARRETT) |
| Filing 30 NOTICE of Appearance by Deirdre Aaron on behalf of MICHAEL MALONE (Aaron, Deirdre) |
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Filing 29
ORDER RE: SPECIAL MASTER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 9/29/2022. 9/29/2022 ENTERED AND COPIES E-MAILED.(sfl)
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| Filing 28 AFFIDAVIT by SANDRA JESKIE. (JESKIE, SANDRA) |
| Filing 27 STATUS REPORT ORDER Status Report due by 9/29/2022.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 9/20/2022. 9/20/2022 ENTERED AND COPIES E-MAILED.(sfl) |
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Filing 26
ORDER RE: MS. JESKIE SHALL SUBMIT AN AFFIDAVIT ON OR BEFORE 9/9/2022. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 8/25/2022. 8/25/2022 ENTERED AND COPIES E-MAILED.(sfl)
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| Filing 25 STATUS REPORT ORDER Status Report due by 8/19/2022.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/12/2022. 8/12/2022 ENTERED AND COPIES E-MAILED.(sfl) |
| Filing 24 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Telephone Conference held on 7/27/22 (JL) |
| Filing 23 NOTICE of Appearance by MICHELLE TOLODZIECKI on behalf of MICHAEL MALONE (TOLODZIECKI, MICHELLE) |
| Filing 22 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 7/27/2022 AT 3:00 PM BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl) |
| Filing 21 NOTICE of Hearing: TELEPHONE CONFERENCE IS SET FOR 7/27/2022 AT 10:00 AM BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl) |
| Filing 20 AMENDED ANSWER to Complaint #1 Complaint (Attorney) - Defendant UPS Inc.'s Amended Answer and Affirmative Defenses to Plaintiff's Class Action Complaint - by UNITED PARCEL SERVICE, INC.. (KENNEDY, GARRETT) |
| Filing 19 STIPULATION To Amend Answer by UNITED PARCEL SERVICE, INC.. (KENNEDY, GARRETT) |
| Filing 18 AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 1/26/2023 02:00 PM IN Judge's Chambers BEFORE HONORABLE GENE E.K. PRATTER. DISCOVERY DUE BY 7/29/2022. MOTIONS DUE BY 12/2/2022. MOTION FOR SUMMARY JUDGMENT DUE BY 12/2/2022. PLAINTIFF PRETRIAL MEMO DUE BY 1/13/2023. DEFENDANT PRETRIAL MEMO DUE BY 1/20/2023. TRIAL POOL SET FOR 1/31/2023.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/14/2022. 4/14/2022 ENTERED AND COPIES E-MAILED.(sfl) |
| Filing 17 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Pretrial Conference held on 1/31/22 (jaa, ) |
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Filing 16
SCHEDULING ORDER: THE FINAL PRETRIAL CONFERENCE IS SET FOR 10/21/2022 AT 2:00 PM IN Judge's Chambers BEFORE THE HONORABLE GENE E.K. PRATTER. DISCOVERY DUE BY 5/27/2022. MOTIONS DUE BY 9/9/2022. MOTION FOR SUMMARY JUDGMENT DUE BY 9/9/2022. PLAINTIFF PRETRIAL MEMO DUE BY 10/7/2022. DEFENDANT PRETRIAL MEMO DUE BY 10/14/2022. TRIAL POOL IS SET FOR 10/25/2022.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 2/1/2022. 2/1/2022 ENTERED AND COPIES E-MAILED.(sfl)
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Filing 15
ORDER RE: STIPULATION CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION IS APPROVED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/1/2022. (Attachments: #1 Exhibit) 2/1/2022 ENTERED AND COPIES E-MAILED.(sfl)
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| Filing 14 NOTICE RESCHEDULING Hearing:THE FINAL PRETRIAL CONFERENCE IS SET FOR 1/31/2022 AT 4:00 PM IN Chambers BEFORE THE HONORABLE GENE E.K. PRATTER.(Flaherty, Sue) |
| Filing 13 Letter dated January 5, 2022 by UNITED PARCEL SERVICE, INC.. (KENNEDY, GARRETT) |
| Filing 12 NOTICE of Appearance by KRYSTEN CONNON on behalf of MICHAEL MALONE (CONNON, KRYSTEN) |
| Filing 11 NOTICE of Hearing: PRETRIAL CONFERENCE SET FOR 1/10/2022 at 4:00 PM IN Chambers BEFORE THE HONORABLE GENE E.K. PRATTER. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(sfl, ) |
| Filing 10 NOTICE of Appearance by GARRETT D. KENNEDY on behalf of UNITED PARCEL SERVICE, INC. (KELLY, BRENNA) Modified on 11/22/2021 (jaa, ). |
| Filing 9 ANSWER to Complaint by UNITED PARCEL SERVICE, INC. Jury Demand, Affirmative Defenses. (Attachments: #1 Certificate of Service)(KELLY, BRENNA) Modified on 11/28/2021 (tjd). |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 including United Parcel Service of America, Inc. with Certificate of Service by UNITED PARCEL SERVICE, INC..(KELLY, BRENNA) |
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Filing 7
ORDER RE: THE DATE BY WHICH THE UNITED PARCEL SERVICE, INC. MUST RESPOND TO THE COMPLAINT IS EXTENDED TO NOVEMBER 19, 2021. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/27/2021. 9/28/2021 ENTERED AND COPIES E-MAILED.(sfl, )
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| Filing 6 NOTICE of Appearance by BRENNA D. KELLY on behalf of UNITED PARCEL SERVICE, INC. (KELLY, BRENNA) |
| Filing 5 SUMMONS Returned Executed by MICHAEL MALONE re: Kevin S. Dunn served Summons and Complaint upon UNITED PARCEL SERVICE, INC. by Hand Delivery. UNITED PARCEL SERVICE, INC. served on 9/2/2021, answer due 9/23/2021. (HANCOCK, RYAN) |
| Filing 4 NOTICE of Appearance by SARAH SCHALMAN-BERGEN on behalf of MICHAEL MALONE (SCHALMAN-BERGEN, SARAH) |
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Filing 3
ORDERED THAT THE ABOVE-CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE MITCHELL S. GOLDBERG, TO THE CALENDAR OF THE HONORABLE GENE E. K. PRATTER. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 8/25/21. 8/25/21 ENTERED AND COPIES E-MAILED.(jaa, )
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| Filing 2 NOTICE of Appearance by PETER D. WINEBRAKE on behalf of MICHAEL MALONE (WINEBRAKE, PETER) |
| Summons Issued as to UNITED PARCEL SERVICE, INC.. E-MAILED To: COUNSEL on 8/18/21 (bw, ) |
| DEMAND for Trial by Jury by MICHAEL MALONE. (JL ) |
| Filing 1 COMPLAINT against UNITED PARCEL SERVICES, INC. ( Filing fee $ 402 receipt number APAEDC-15339369.), filed by Michael Malone. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(HANCOCK, RYAN) |
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