Fry et al v. FedEx Ground Package Systems, Inc.
| David Fry and ZCO Carriers Corp. |
| FedEx Ground Package Systems, Inc. |
| 3:2024cv00567 |
| May 6, 2024 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 Transcript filed for date of May 9, 2024, before Judge Waverly D. Crenshaw Jr.. Court Reporter: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 6/10/2024. Redaction Request due 6/24/2024. Redacted Transcript Deadline set for 7/2/2024. Release of Transcript Restriction set for 8/30/2024. (RH) |
Filing 24
ORDER: The Plaintiffs have filed a Notice of Dismissal without Prejudice (Doc. No. #23 ). Accordingly, this action is DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to close the file. Plaintiffs' Motion to File Under Seal (Doc. No. #9 ) is GRANTED. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 5/24/2024. (am)
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| Filing 23 NOTICE of Voluntary Dismissal by David Fry, ZCO Carriers Corp. (Neal, Brian) |
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Filing 22
ORDER granting #17 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for William G. Whitman IV to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 05/17/2024. (lh)
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Filing 21
ORDER: On May 9, 2024, the Court held a hearing on Plaintiffs' Motion for a Temporary Restraining Order (Doc. No. #2 ). Having considered the Motion, Plaintiffs' supporting memorandum, Defendant's response, counsels' arguments during the May 9, 2024 hearing, and Mr. Fry's testimony, and for the reasons stated on the record, the Court hereby Orders that (i) its May 7, 2024 Status Quo Order (Doc. No. #13 ) is VACATED; and (ii) Plaintiffs' Motion for a Temporary Restraining Order (Doc. No. #2 ) is DENIED. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 5/13/2024. (am)
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| Filing 20 EXHIBIT AND WITNESS LIST. (am) |
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Filing 19
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Waverly D. Crenshaw, Jr on 5/9/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 18 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by FedEx Ground Package Systems, Inc.. (Attachments: #1 Exhibit TSP Agreement, #2 Exhibit MGBA Message - Agreement Non-Renewal Review, #3 Exhibit Discussion re nonrenewal with attachment, #4 Exhibit BD-30)(Callen, Jason) |
| TN State Bar status verified as active for Jason W. Callen admitted to this court. (am) |
| Minute Entry for proceedings held before District Judge Waverly D. Crenshaw, Jr: Motion Hearing held on 5/9/2024 re #2 MOTION for Temporary Restraining Order filed by ZCO Carriers Corp., David Fry. The Court will vacate its order maintaining the status quo and the Motion for Temporary Restraining Order is denied. (Court Reporter Roxann Harkins.) (Hearing lasted 1:29)(Seay, Melissa) |
| TN/PA State Bar status verified as active for William G. Whitman not admitted to this court - Local counsel secured. (am) |
| Filing 17 MOTION for attorney William G. Whitman IV to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4075206) by FedEx Ground Package Systems, Inc.. (Attachments: #1 Attachment Cert. of Good Standing)(Callen, Jason) |
| Filing 16 NOTICE of Appearance by Jason W. Callen on behalf of All Defendants (Callen, Jason) |
| Filing 15 NOTICE by David Fry, ZCO Carriers Corp. re #13 Order Setting Hearing on Motion,, Notice of Service of Documents (Neal, Brian) |
| Filing 14 BUSINESS ENTITY DISCLOSURE STATEMENT filed by ZCO Carriers Corp.. (Neal, Brian) |
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Filing 13
***VACATED PER #21 *** ORDER Setting Hearing on Motion: The Court will hold a hearing on Plaintiff's Motion for Temporary Restraining Order on 5/9/2024 at 11:00 AM in Courtroom 6B. The parties SHALL MAINTAIN THE STATUS QUO pending the Court's decision after the hearing. Plaintiffs shall immediately serve Defendant with a copy of this Order and all relevant pleadings, and they shall file a notice on the docket when they have done so, at which time this Order becomes effective. Signed by District Judge Waverly D. Crenshaw, Jr on 5/7/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk) Modified on 5/13/2024 (am).
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| Filing 12 Sealed Document Ex. C to Verified Complaint (Email on asset transfer) filed by David Fry, ZCO Carriers Corp.. (Neal, Brian) |
| Filing 11 Sealed Document Ex. B to Verified Complaint (Non-renewal) filed by David Fry, ZCO Carriers Corp.. (Neal, Brian) |
| Filing 10 Sealed Document Ex. A to Verified Complaint (TSP Agreement) filed by David Fry, ZCO Carriers Corp.. (Neal, Brian) |
| Filing 9 MOTION for Leave to File Document Under Seal by David Fry, ZCO Carriers Corp.. (Neal, Brian) |
| Filing 8 NOTICE of Initial Case Management Conference by Telephone set for 7/31/2024 at 08:00 AM before Magistrate Judge Jeffery S. Frensley. (mg) |
| Filing 7 Summons issued as to FedEx Ground Package Systems, Inc. Service copies will be picked up by counsel. (mg) |
| Filing 6 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 5 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) |
| TN State Bar status verified as active for Brian C. Neal admitted to this court. (mg) |
| Filing 3 MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order filed by David Fry, ZCO Carriers Corp. (mg) |
| Filing 2 MOTION for Temporary Restraining Order by David Fry, ZCO Carriers Corp. (mg) |
| Filing 1 COMPLAINT against FedEx Ground Package Systems, Inc. (Filing fee $405, Receipt number ATNMDC-4073249), filed by David Fry, ZCO Carriers Corp. (Attachments: #1 Attachment - Civil Cover Sheet)(mg) |
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