Drake v. FedEx Ground Package System Inc
| Eric Drake |
| FedEx Ground Package System Inc, Molly Smith, Arthur William Smith, Allison Smith, Tanner Smith, Sophie Smith, William Smith, Richard W. Smith, Cannon Smith, Diane Smith, Barbara M G Lynn, Michael Paige Lynn, Sam A Lindsay, David C Godbey, James E Kinkeade, Jane J Boyle, Judge Reed O'Connor, Karen Gren Scholer, Matthew Kacsmaryk, Justice Mark T Pittman, James Wesley Hendrix, Brantley Starr, Ada Brown, A Joe Fish, Sidney A Fitzwater, Sam R Cummings, John H McBryde, Jon Phipps McCalla, Terry R Means, Irma Carrillo Ramirez, Judge Jeffrey L Cureton, Judge Renee Harris Toliver, David L Horan, Magistrate Hal R. Ray, Jr., D. Gordon Bryant, Jr., Lee Ann Reno, Mark Norris, Rebecca Rutherford, John R Parker, Tu Pham, James David Folsom, Caroline Craven, Thomas L. Parker, Robert Schroeder, III, Warren Lloyd Vavra, Maricela Moore, Scot MacDonald Graydon, Tonya Parker, Fedex Corporation, Frederick W. Smith and FedEx Corporate Services Inc |
| 3:2024cv00571 |
| March 7, 2024 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Renee Harris Toliver |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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| Filing 96 Notice that the clerk has been instructed to apply the attached sanction order to the submissions indexed under number: 3:24-cv-00571-X-BK. The sanction order was originally filed in the Fifth Circuit Court of Appeals, case 20-40492 and states: Drake shall be required to pay a sanction in the amount of $2000, payable to the clerk of this court. He shall be barred from filing or prosecuting any motion, action, or appeal in this court or any court subject to this courts jurisdiction, until he has paid the sanction. Even after paying the sanction, Drake shall be permanently enjoined from filing or prosecuting any civil appeal, motion, or action in this court or in any court subject to this courts jurisdiction, without first receiving permission from the forum court. When seeking leave of court, Drake shall be required to certify that any claim he wishes to present has not been raised and disposed of on the merits, or is not pending, in any federal court. If a case is removed or transferred to a court within this courts jurisdiction, Drake shall be required make the required payments and obtain the required permission within 30 days of removal or transfer, or the case will be dismissed. The clerk of this court and the clerks of all courts subject to the jurisdiction of this court shall be directed to return to Drake, unfiled, any attempted submission until Drake has complied with the sanction order. That order prohibits the filing of a case, so the number assigned to this closed matter remains for indexing purposes only. (rekc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:96. Fri Apr 5 16:28:50 CDT 2024 (crt) |
Filing 95
ELECTRONIC ORDER: On March 5, 2024, the U.S. District Court for the Western District of Tennessee transferred Plaintiff E.V. Drake's case to this Court. Doc. #82 . As a result of his vexatious filing history, the U.S. Court of Appeals for the Fifth Circuit barred Drake from filing or prosecuting further actions unless he pays a $2,000 sanction and, even after paying the sanction, receives permission from the forum court. See Drake v. Travelers Indemnity Co. et al., Nos. 20-40492, 21-10248, 21-10797 (5th Cir. Apr. 28, 2022) (entered as mandate on May 20, 2022). If a case is transferred, as here, the Fifth Circuit said that "Drake shall be required [to] make the required payments and obtain the required permission within 30 days of... transfer, or the case will be dismissed." Id. Therefore, Drake is ORDERED to pay the $2,000 sanction and obtain the required permission by April 4, 2024, or this case will be dismissed. (Ordered by Magistrate Judge Renee Harris Toliver on 3/22/2024) (chmb)
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Filing 94
ELECTRONIC ORDER: The Scheduling Proposals Order is WITHDRAWN. Doc. #93 . (Ordered by Magistrate Judge Renee Harris Toliver on 3/22/2024) (chmb)
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Filing 93
***WITHDRAWN per 94 Electronic Order*** SCHEDULING PROPOSALS ORDER: The Joint Scheduling Proposal is due within 30 days of the date of this order. (Ordered by Magistrate Judge Renee Harris Toliver on 3/20/2024) (kcr) Docket text modified on 3/22/2024 (twd).
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| Filing 92 NOTICE of Attorney Appearance by Joseph W Gagnon on behalf of FedEx Ground Package System Inc. (Filer confirms contact info in ECF is current.) (Gagnon, Joseph) |
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Filing 91
ELECTRONIC ORDER: Pursuant to Special Order 3, before the undersigned magistrate judge for determination is Plaintiffs' [sic] Motion to Recuse Judges Renee Toliver and Brantley Starr and Motion to Transfer Within the District, Doc. #90 , filed by pro se Plaintiff Eric Drake in this case that was recently transferred from the U.S. District Court for the Western District of Tennessee. Drake fails to state a legal basis for the disqualification of the assigned judges in this case. Drake declares without any supporting evidence: The affiant considers all of the judges in the Northern District of Texas, (Dallas Division) equal to if not worse than Hitler or Putin, in the manner these judges in the past have treated people of color who are pro se, blacks, and especially against the affiant. Doc. #90 at 26. It is apparently on this same basis that Drake also seeks transfer of this case to the Amarillo Division. Doc. #90 at 21. His scurrilous personal opinions aside, Drake has failed to establish that either the undersigned or District Judge Starr has any personal interest in or personal bias or prejudice for or against either party to this lawsuit. See 28 U.S.C. 144 and 455. Drake also wholly fails to proffer any basis to conclude that venue is not appropriate in the Dallas Division. Accordingly, Plaintiffs' Motion to Recuse Judges Renee Toliver and Brantley Starr and Motion to Transfer Within the District, Doc. #90 , is DENIED. (Ordered by Magistrate Judge Rene Harris Toliver on 3/18/2024) (Magistrate Judge Rene Harris Toliver)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:91. Mon Mar 18 13:44:01 CDT 2024 (crt) |
| Filing 90 MOTION to Recuse Judges Renee Toliver and Brantley Starr and MOTION to Transfer Within the District filed by Eric Drake. (cfk) |
| Filing 88 Case electronically transferred in from District of Tennessee Western; Case Number 2:21-cv-02636. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 89 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (twd) |
| Filing 87 Plaintiffs' Supplement to His Notice of Appeal by Eric Drake (Attachments: #1 Exhibit A Copy of Judge Fowlkes Final Order)(csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 86 AMENDED NOTICE OF APPEAL as to #82 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Amend/Correct, Order on Report and Recommendations, Order on Motion for Recusal, by Eric Drake. (Attachments: #1 Exhibit A Copy of Judge Fowlkes Order)(csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 85 Plaintiffs' Motion to Recuse Magistrate Annie Christoff and the Honorable John Fowlkes by Eric Drake. (Attachments: #1 Exhibit A Declaration of Eric Drake in Support)(csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 84 Pro Se MOTION for Leave to Proceed in forma pauperis by Eric Drake. (csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 83 NOTICE OF APPEAL as to #82 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Amend/Correct,, Order on Report and Recommendations,, Order on Motion for Recusal, by Eric Drake. (Attachments: #1 Exhibit A Copy of Judge Fowlkes Final Order)(csf) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 82
ORDER adopting #78 Report and Recommendations; granting in part #68 Motion to Dismiss for Lack of Jurisdiction; denying without prejudice #70 Motion to Amend/Correct; denying #80 Motion for Recusal. Signed by Judge John T. Fowlkes, Jr. on 3/5/2024. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 81 ATTACHMENT to #79 Plaintiffs Memorandum in Opposition and Response to Magistrate Report by Eric Drake. (csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 80 Plaintiff's Motion to Recuse Magistrate Annie Christoff. by Eric Drake. (csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 79 Plaintiff's Response (OBJECTION to #78 Report and Recommendations) Magistrate Report by Eric Drake. (csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 78 REPORT AND RECOMMENDATION TO GRANT IN PART #68 MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO TRANSFER VENUE; TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF TEXAS; AND TO DENY WITHOUT PREJUDICE #70 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT. Objections to R&R due by 2/26/2024. Signed by Magistrate Judge Annie T. Christoff on 02/12/2024. (jad) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 77
ORDER REFERRING MOTIONS, DE #68 and DE #70 to United States Magistrate Judge signed by Judge John T. Fowlkes, Jr. on 9/1/23. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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Filing 76
ORDER Terminating DE #63 Motion to Dismiss for Lack of Jurisdiction as Moot signed by Judge John T. Fowlkes, Jr. on 9/1/23. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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Filing 75
ORDER GRANTING #57 PLAINTIFF'S MOTION TO AMEND TO ADD ONE ADDITIONAL DEFENDANT. Signed by Magistrate Judge Annie T. Christoff on 08/31/2023. (jad) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 74 Plaintiff's Third RESPONSE in Opposition re #68 MOTION to Dismiss and Motion to Transfer Venue and Claims of Bad Faith filed by Eric Drake. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 73 REPLY to Response to Motion re #71 Response in Opposition to Motion filed by FGPS. (Grisham, J.) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 72 RESPONSE in Opposition re #70 MOTION to Amend/Correct #1 Pro Se Complaint, filed by FGPS. (Grisham, J.) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 71 PRO SE RESPONSE in Opposition re #68 MOTION to Dismiss for Lack of Jurisdiction and Transfer filed by Eric Drake. (jae) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 70 PRO SE MOTION to Amend/Correct #1 Pro Se Complaint, by Eric Drake. (Attachments: #1 Amended Complaint)(jae) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 69 SUMMONS Returned Executed by Eric Drake as to FGPS. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 68 MOTION to Dismiss for Lack of Jurisdiction by FGPS. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Grisham, J.) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 67 REPLY to Response to Motion re #66 Response in Opposition to Motion filed by FGPS. (Grisham, J.) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 66 Plaintiff's Response and Opposition to Defendant FedEx Ground Package System, Inc. Motion to Dismiss (re #63 ). filed by Eric Drake. (csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 65 Plaintiff's Third AMENDED COMPLAINT and Request for Jury Demand against All Defendants., filed by Eric Drake.(csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 64 AFFIDAVIT of Service for summons served on CT Corp for FedEx Ground Package System on 1/20/2023, filed by Eric Drake. (jae) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 63 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support by FGPS. (Attachments: #1 Memorandum)(Grisham, J.) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 62 Summons Issued as to FGPS. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 61 NOTICE by FedEx Corporation re #59 Notice (Other) DEFENDANT FEDEX CORPORATIONS RESPONSE TO PLAINTIFFS JUDICIAL NOTICE TO THE COURT (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 60 Plaintiff's Second Amended Complaint and Request for Jury Demand, filed by Eric Drake. (Attachments: #1 Exhibit A Sworn Declaration in Support)(csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 59 Plaintiff's RESPONSE to Defendant's Objections and Plaintiff's JUDICIAL NOTICE to the Court by Eric Drake (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 58 Summons Issued as to FedEx Ground Package System, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 57 MOTION to Amend #1 Pro Se Complaint to Add One Additional Defendant, by Eric Drake. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 56 Summons Issued as to FGPS. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 55 NOTICE by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith re #54 Response to Motion of filing of Response (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 54 Plaintiffs' Objections and Responses to Court's December Order by the Honorable John Fowlkes Jr., filed by Eric Drake. (mlk) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 53
ORDER granting #52 MOTION for Extension of Time to Amend #1 Pro Se Complaint. Signed by Judge John Thomas Fowlkes, Jr on December 9, 2022. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 52 PRO SE MOTION for Extension of Time to Amend #1 Pro Se Complaint, by Eric Drake. (received via court's help desk - not Intake email). (jae) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 51
ORDER Adopting, Modifying, and Rejecting in Part #40 Report and Recommendations. Plaintiff has 30 days from the entry of this order to file an Amended Complaint in compliance with this order. Signed by Judge John Thomas Fowlkes, Jr on December 5, 2022. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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Filing 50
ORDER granting #45 Motion for Extension of Time to File; granting #47 Motion for Extension of Time to File Response/Reply. Signed by Judge John Thomas Fowlkes, Jr on October 17, 2022. (jcn) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 49 OBJECTION to #40 Report and Recommendations Response to Plaintiff's Objections and Reply to Plaintiff's Response to FedEx's Objections to the Report and Recommendation by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 48 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #47 MOTION for Extension of Time to File Response/Reply filed by Fedex Corporate Services, Inc.,, FedEx Corporation, Frederick W. Smith has been filed. For future reference, please note : Filer failed to indicate in docket text "Proposed Order Submitted" as required by local rules. If no order previously emailed to chambers, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 47 MOTION for Extension of Time to File Response/Reply by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 46 RESPONSE to Defendant FedEx's Objection to the Magistrate's Report and Recommendation by Eric Drake (Attachments: #1 cover letter)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 45 MOTION for Extension of Time to File Response by Eric Drake. (agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 44 OBJECTION to #40 Report and Recommendations by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 43 PRO SE Plaintiff's Revised Demand for Damages Against Fedex by Eric Drake. (submitted via Clerk's intake email) (btg) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 42
ORDER granting #41 Motion for Extension of Time to File Response/Reply as to #40 Report and Recommendations. Objections to R&R due by 9/13/2022. Signed by Judge John T. Fowlkes, Jr on August 26, 2022.(jcn) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 41 MOTION for Extension of Time to File Response/Reply as to #40 Report and Recommendations,,, Order,, proposed order submitted by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 40
REPORT AND RECOMMENDATIONS RE: #19 MOTION TO DISMISS; MOTION TO STRIKE #20 ; MOTION FOR SANCTIONS #22 ; SUPPLEMENTAL MOTION TO STRIKE #31 ; and RECOMMENDING DISMISSAL OF JUDICIAL DEFENDANTS. (Objections to R&R due by 9/6/2022). ORDER DENYING AS MOOT #11 MOTION TO DISMISS AND #38 MOTION TO REVIEW SUBMITTED PLEADINGS; DENYING #15 MOTION FOR LEAVE TO TAKE DEPOSITIONS AND #14 MOTION FOR LEAVE TO OFFER EVIDENCE AND PROOF; and GRANTING #12 MOTION TO EXTEND TIME TO SERVE AS TO DEFENDANTS SCOT GRAYDON, WARREN LLOYD VAVRA, and UNNAMED CLERK IN TRAVIS COUNTY. Signed by Magistrate Judge Annie T. Christoff on 8/23/2022. (mpk) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 39 REPLY to Response to Motion re #34 Response in Opposition to Motion to Dismiss the Amended Original Petition and Response to Plaintiff's Request for Court's Opinion (ECF No. 24) filed by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 38 MOTION to Review Submitted Pleadings by Eric Drake. (Attachments: #1 envelope)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 37 REPLY to Response to Motion re #30 Response in Opposition to Motion, filed by Eric Drake. (Attachments: #1 envelope)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 36 REPLY to Response to Motion re #21 Response to Motion, filed by Eric Drake. (Attachments: #1 envelope)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 35 RESPONSE in Opposition re #31 Supplemental MOTION to Strike Defendants FedEx and Frederick W. Smith, #20 MOTION to Strike #16 Amended Complaint, Defendants FedEx and Frederick W. Smith's Motion to Strike Immaterial and Scandalous Matter (portions of ECF 16) filed by Eric Drake. (Attachments: #1 envelope)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 34 RESPONSE in Opposition re #19 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiff's Amended Original Petition filed by Eric Drake. (Attachments: #1 Exhibit A, #2 envelope)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 33 NOTICE of Change of Address by Eric Drake (Attachments: #1 envelope)(agj) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 32
TEXT-ONLY ORDER GRANTING #23 MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS. Plaintiff shall have until January 14, 2022, to respond to Defendants' Motion to Dismiss Plaintiff's Amended Original Petition. Signed by Magistrate Judge Annie T. Christoff on 12/30/2021. (mpk) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 31 Supplemental MOTION to Strike Defendants FedEx and Frederick W. Smith by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Attachments: #1 Exhibit A)(Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 30 RESPONSE in Opposition re #22 MOTION for Sanctions Defendants FedEx Corporation and Frederick W. Smith's Response in Opposition to Plaintiff's Motion for Sanctions filed by FedEx Corporation, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 29 RESPONSE to Motion re #23 MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiff's Amended Original Petition Response to ECF No. 23 Plaintiff's Motion for Extension of Time to Respond filed by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 28 NOTICE of Appearance by Barak J. Babcock on behalf of Fedex Corporate Services, Inc., (Babcock, Barak) [Transferred from Tennessee Western on 3/8/2024.] |
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Filing 27
ORDER UNSEALING CASE with the Exception of DE 8 due to Personal Identifying Information Therein signed by Judge John T. Fowlkes, Jr. on 12/16/2021. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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Filing 26
ORDER REFERRING MOTIONS signed by Judge John T. Fowlkes, Jr on 12/16/2021. (Fowlkes, J.) [Transferred from Tennessee Western on 3/8/2024.]
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| Filing 25 NOTICE of CANCELLATION: The Scheduling Conference presently set Friday, 01/07/2022 is CANCELLED. A Scheduling Conference will be set once pending motions de#'s 11,12,14,5,19,20,22 & 23 have been ruled upon. (wrh) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 24 PRO SE Plaintiffs' Request Court's Opinion of Whether the Actions of the FEDEX Driver Repetitive Use of the 'N' Word Amounts to Race Discrimination by Eric Drake. (btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 23 PRO SE MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiff's Amended Original Petition by Eric Drake. (btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 22 PRO SE MOTION for Sanctions by Eric Drake. (Attachments: #1 Memorandum, #2 Exhibit, #3 Exhibit, #4 Exhibit)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 21 RESPONSE to Motion re #12 MOTION to Extend Time to Serve Defendants, #15 MOTION for Leave to Take Depositions In-Person and or by Zoom, Prior to Ruling on Dispositive Motion and Request Evidentiary Hearing, #14 MOTION for Leave to Offer of Evidence and Proof Response to Plaintiff's Motions (ECF12, 14, 15) and Motion to Stay Discovery and Postpone 1/7/22 Scheduling Conference filed by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 20 MOTION to Strike #16 Amended Complaint, Defendants FedEx and Frederick W. Smith's Motion to Strike Immaterial and Scandalous Matter (portions of ECF 16) by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 19 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiff's Amended Original Petition by FedEx Corporation, Fedex Corporate Services, Inc.,, Frederick W. Smith. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Declaration of Hilary Davis)(Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 18 SETTING LETTER: A Scheduling Conference is set for FRIDAY, 1/7/2022 at 9:45 AM via TEAMS before Judge John T. Fowlkes, Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling conference to the ECF propdocs email address, ECF_Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes' scheduling guidelines at the website at https://connection.tnwd.circ6.dcn. Due to the Covid-19 pandemic, the scheduling conference may be cancelled in advance if the Joint proposed scheduling order is approved and entered prior to the conference date. If the order is not approved, the proceeding will go forward. At that time, Counsel should be prepared to set case deadlines and to discuss case status and all pending motions. Following the scheduling conference, the approved order will be filed electronically. (ljf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 17 Summons Issued as to Fedex Corporate Services, Inc., Scot MacDonald Graydon, Maricela Moore, Tonya Parker, Warren Lloyd Vavra. Issued summonses handed to Plaintiff to effect service. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 16 PRO SE AMENDED COMPLAINT against All Defendants, filed by Eric Drake. (Attachments: #1 Cover Letter, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 15 PRO SE MOTION for Leave to Take Depositions In-Person and or by Zoom, Prior to Ruling on Dispositive Motion and Request Evidentiary Hearing by Eric Drake. (Attachments: #1 Memorandum, #2 Exhibit)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 14 PRO MOTION for Leave to Offer of Evidence and Proof by Eric Drake. (Attachments: #1 Exhibit A, #2 Exhibit)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 13 PRO SE RESPONSE in Opposition re #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eric Drake. (Attachments: #1 Memorandum, #2 Exhibit)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 12 PRO SE MOTION to Extend Time to Serve Defendants by Eric Drake. (Attachments: #1 Memorandum)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FedEx Corporation, Frederick W. Smith. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of Hilary Davis, #3 Declaration of Barak Babcock, #4 Exhibit 1 to Babcock Declaration, #5 Exhibit 2 to Babcock Declaration)(Babcock, Barak) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 10 NOTICE of Appearance by Laura S. Martin on behalf of FedEx Corporation, Frederick W. Smith (Martin, Laura) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 9 NOTICE of Appearance by Barak J. Babcock on behalf of FedEx Corporation, Frederick W. Smith (Babcock, Barak) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 8 Summons Issued as to Jane Ellen Jackson Boyle, Ada Brown, D. Gordon Bryant, Jr, Caroline Craven, Sam R. Cummings, FedEx Corporation, A. Joe Fish, Sidney A. Fitzwater, James David Folsom, David C. Godbey, James Wesley Hendrix, David L. Horan, Matthew J. Kacsmaryk, James Edgar Kinkeade, Sam Allen Lindsay, Barbara Golden Lynn, Michael Paige Lynn, John H. McBryde, Terry R. Means, Reed O'Connor, Mark Timothy Pittman, Irma Carrillo Ramirez, Hal R. Ray,, Jr, Lee Ann Reno, Rebecca Rutherford, Karen Gren Scholer, Robert Schroeder, III, Frederick W. Smith, Brantley Starr, Renee Harris Toliver. Summonses were given to Plaintiff to effect service. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons, #28 Summons, #29 Summons)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 7 Summons Issued as to Fredrick Wallace Smith CEO of FedEx Alternate Agent to Service: Mark Allen/Counsel & FedEx Ground Package System, Inc. Summonses were give to Plaintiff to effect service. (Attachments: #1 Summons)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 6 Agreement to Receive NEF Notifications by Eric Drake. (btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 5 Case initiation fee: PAID $ 402.00, receipt number M4676050290 (csf) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 4 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 3 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 2 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg) [Transferred from Tennessee Western on 3/8/2024.] |
| Filing 1 PRO SE COMPLAINT against All Defendants, filed by Eric Drake. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Judicial cards)(btg) [Transferred from Tennessee Western on 3/8/2024.] |
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