Garcia v. Forward Air Corporation
Plaintiff: Mario Garcia
Defendant: Forward Air Corporation
Case Number: 2:2021cv00180
Filed: November 22, 2021
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Clifton L Corker
Referring Judge: Cynthia R Wyrick
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2022 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to Answer. Defendant filed a Motion [Doc. 22] requesting the deadline to respond to the Complaint be extended to January 21, 2022. Presently the deadline for filing a responsive pleading is January 14, 2022. Defendant advises that its legal team has been impacted by COVID-19 and unexpected delays during the year-end holidays. Defendant further avers that Plaintiff's counsel does not oppose the instant request. The unopposed motion contains appropriate grounds for granting the relief requested and it [Doc. 22] is GRANTED. Defendant's deadline to file a response to the Complaint in this matter is extended to and including Friday, January 21, 2022.. Signed by Magistrate Judge Cynthia R Wyrick on 01/11/2022. (CAT)
January 10, 2022 Filing 22 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond by Forward Air Corporation. (Galibois, Michael)
December 22, 2021 Opinion or Order Filing 21 ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 12/22/2021. (AMP)
December 22, 2021 Opinion or Order Filing 20 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 12/22/2021. (AMP)
December 22, 2021 Filing 19 MOTION for Jean Martin to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043920.) by Mario Garcia. (ABF)
December 22, 2021 Filing 18 MOTION for Francesca Kester to Appear Pro Hac Vice (Filing fee $ 90 paid, Receipt #K3043921.) by Mario Garcia. (ABF)
December 22, 2021 Clerk's Verification of PHV Requirements is complete regarding document: #19 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Mario Garcia, #18 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Mario Garcia (ABF)
December 15, 2021 Filing 17 Certificate of Corporate Interest by Forward Air Corporation. (Galibois, Michael)
December 9, 2021 Opinion or Order Filing 16 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 12/09/2021. (AGG)
December 9, 2021 Opinion or Order Filing 15 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 12/09/2021. (AGG)
December 9, 2021 Opinion or Order Filing 14 ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 12/09/2021. (AGG)
December 9, 2021 Filing 13 NOTICE of Deficiency (Pro Hac): Attorneys Jean Martin and Francesca Kester are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vice. (AMP)
December 9, 2021 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Answer re #1 Complaint. Defendant's motion is unopposed. The Court finds Defendant's request well-taken and it is GRANTED. Defendant shall have up to and including January 14, 2022, within which to submit its answer or other response to Plaintiff's Complaint. Signed by Magistrate Judge Cynthia R Wyrick on 12/9/2021. (LCK)
December 9, 2021 Clerk's Verification of PHV Requirements is complete regarding document: #10 MOTION for Leave to Appear Pro Hac Vice of Dilek Serbest ( Filing fee $ 90 receipt number ATNEDC-4917772.) filed by Forward Air Corporation, #9 MOTION for Leave to Appear Pro Hac Vice of Bart W. Huffman ( Filing fee $ 90 receipt number ATNEDC-4917765.) filed by Forward Air Corporation, #8 MOTION for Leave to Appear Pro Hac Vice of Michael B. Galibois ( Filing fee $ 90 receipt number ATNEDC-4917759.) filed by Forward Air Corporation (AMP)
December 8, 2021 Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, by Forward Air Corporation. (Attachments: #1 Other Proposed Order Granting Consent Motion for Extension)(Ensley, Jason)
December 8, 2021 Filing 10 MOTION for Leave to Appear Pro Hac Vice of Dilek Serbest ( Filing fee $ 90 receipt number ATNEDC-4917772.) by Forward Air Corporation. (Attachments: #1 Other Certificate of Good Standing)(Ensley, Jason)
December 8, 2021 Filing 9 MOTION for Leave to Appear Pro Hac Vice of Bart W. Huffman ( Filing fee $ 90 receipt number ATNEDC-4917765.) by Forward Air Corporation. (Attachments: #1 Other Certificate of Good Standing)(Ensley, Jason)
December 8, 2021 Filing 8 MOTION for Leave to Appear Pro Hac Vice of Michael B. Galibois ( Filing fee $ 90 receipt number ATNEDC-4917759.) by Forward Air Corporation. (Attachments: #1 Other Certificate of Good Standing)(Ensley, Jason)
November 30, 2021 Filing 7 SUMMONS Returned Executed by Mario Garcia. Forward Air Corporation served on 11/29/2021. (Adkins, Micah)
November 24, 2021 Opinion or Order Filing 6 Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 11/24/2021. (CAT)
November 24, 2021 Opinion or Order Filing 5 Order Governing Depositions. Signed by District Judge Clifton L Corker on 11/24/2021. (CAT)
November 24, 2021 Opinion or Order Filing 4 Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 11/24/2021. (CAT)
November 24, 2021 Opinion or Order Filing 3 ORDER: Here, the Court is presented with two cases arising from a data breach at Forward Air Corporation that exposed personal identifying information of current and former employees. The Court finds that the two cases are related as defined in Local Rule 3.2(d)(3)(A) because they "arise out of the same transaction or occurrence" and both cases involve at least some of the same parties; therefore, the application of the related case rule is justified because the cases involve overlapping issues such that it will be a significant benefit and promote judicial economy for them to be handled by the same district judge. As such, the above captioned case should be assigned to the same United States District Judge handling the related case. Signed by Magistrate Judge Cynthia R Wyrick on 11/24/2021. (CAT)
November 24, 2021 District Judge Clifton L Corker and Magistrate Judge Cynthia R Wyrick added. (CAT)
November 23, 2021 Filing 2 Summons Issued as to Forward Air Corporation. (ABF)
November 23, 2021 Case forwarded to Judge Wyrick for related case determination. (ABF)
November 22, 2021 Filing 1 COMPLAINT against Forward Air Corporation ( Filing fee $ 402 receipt number BTNEDC-4906142.), filed by Mario Garcia. (Attachments: #1 Other Civil Cover Sheet, #2 Exhibit Notice of Data Breach to Plaintiff, #3 Exhibit Sample Data Breach Notice to Maine Attorney General, #4 Summons Summons to Defendant)(Adkins, Micah)

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Plaintiff: Mario Garcia
Represented By: Micah S. Adkins
Represented By: Francesca Kester
Represented By: Jean S. Martin
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Defendant: Forward Air Corporation
Represented By: Bart W Huffman
Represented By: Dilek Serbest
Represented By: Jason M Ensley
Represented By: Michael B Galibois
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