Harris v. FedEx Corporation
| Jennifer Harris |
| FEDEX CORPORATION |
| James Powell |
| 4:2021cv01651 |
| May 19, 2021 |
| US District Court for the Southern District of Texas |
| Kenneth M Hoyt |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 125 APPENDIX re: #123 MOTION for MOTION FOR JUDGMENT AS A MATTER OF LAW; OR, IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND VERDICT; OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL Judgment by FedEx Corporate Services, Inc., filed. (Attachments: #1 Exhibit 2, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 17, #12 Exhibit 18, #13 Exhibit 27, #14 Exhibit 40, #15 Exhibit 60, #16 Exhibit 72, #17 Exhibit 107, #18 Exhibit 140, #19 Exhibit 145, #20 Exhibit 162, #21 Exhibit 163, #22 Exhibit 168, #23 Exhibit 169, #24 Exhibit 174, #25 Exhibit 176, #26 Exhibit 177, #27 Exhibit 179, #28 Exhibit 180, #29 Exhibit 182, #30 Exhibit 183, #31 Exhibit 186, #32 Exhibit 196, #33 Exhibit 212, #34 Exhibit 243, #35 Exhibit 246, #36 Exhibit 247, #37 Exhibit 248, #38 Exhibit 250, #39 Exhibit 251)(Babcock, Barak) |
| Filing 124 APPENDIX re: #123 MOTION for MOTION FOR JUDGMENT AS A MATTER OF LAW; OR, IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND VERDICT; OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL Judgment by FedEx Corporate Services, Inc., filed. (Attachments: #1 Crow Case, #2 Haeuser Case, #3 Garner Case, #4 Grimes Case, #5 Hernandez Case, #6 2nd Hernandez Case, #7 Hines Case, #8 Actos Case, #9 Jacobs Case, #10 Jones Case, #11 Layman Case, #12 Neely Case, #13 Pagan Case, #14 Pittman Case, #15 Sherrod Case, #16 Stallion Case, #17 Trenthman Case, #18 Wilhoite Case, #19 KJP Case, #20 Kalina Case)(Babcock, Barak) |
| Filing 123 MOTION for MOTION FOR JUDGMENT AS A MATTER OF LAW; OR, IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND VERDICT; OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL Judgment by FedEx Corporate Services, Inc., filed. Motion Docket Date 2/2/2023. (Attachments: #1 Memorandum of Law, #2 Proposed Order, #3 Proposed Order, #4 Proposed Order)(Babcock, Barak) |
Filing 122
ORDER granting #121 Motion for Leave to File Excess Pages. (Signed by Judge Kenneth M Hoyt) Parties notified.(JacquelineMata, 4)
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| Filing 121 Unopposed MOTION for Leave to File Excess Pages by FedEx Corporate Services, Inc., filed. Motion Docket Date 1/27/2023. (Attachments: #1 Proposed Order)(Babcock, Barak) |
| Filing 120 APPENDIX re: #118 Response in Opposition to Motion by FedEx Corporate Services, Inc., FedEx Corporation, filed. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 27, #9 Exhibit 40, #10 Exhibit 72, #11 Exhibit 107, #12 Exhibit 140, #13 Exhibit 145, #14 Exhibit 162, #15 Exhibit 163, #16 Exhibit 168, #17 Exhibit 169, #18 Exhibit 174, #19 Exhibit 176, #20 Exhibit 177, #21 Exhibit 179, #22 Exhibit 180, #23 Exhibit 182, #24 Exhibit 183, #25 Exhibit 186, #26 Exhibit 196, #27 Exhibit 212, #28 Exhibit 248, #29 Exhibit 250, #30 Exhibit 251)(Babcock, Barak) |
| Filing 119 REPLY to Response to #116 Opposed MOTION for Entry of Judgment, filed by Jennifer Harris. (Attachments: #1 Affidavit)(Sanford, Brian) |
| Filing 118 RESPONSE in Opposition to #116 Opposed MOTION for Entry of Judgment, filed by FedEx Corporation. (Attachments: #1 Appendix)(Ahearn, Christopher) |
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Filing 117
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on November 28, 2022 at 9:00 a.m. Appearances: Elizabeth "BB' Sanford Christopher M. Ahearn, Brian P Sanford. (Court Reporter: L. Smith). Pursuant to phone conference, the Court awaits the defendant's response to the plaintiff's post-trial motions, due on or before December 12, 2022. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 116 Opposed MOTION for Entry of Judgment by Jennifer Harris, filed. Motion Docket Date 12/12/2022. (Attachments: #1 Proposed Judgment, #2 Exhibit)(Sanford, Brian) |
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Filing 115
ORDER. Since the jury verdict in this case, the Court has provided space for counsel to determine next steps. Telephone Conference set for 11/28/2022 at 09:00 AM before Judge Kenneth M Hoyt. (On "Meet-Me" Line)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 114 Notice of Filing of Official Transcript as to #106 Transcript, #107 Transcript, #109 Transcript, #110 Transcript, #105 Transcript, #111 Transcript, #108 Transcript, #104 Transcript,. Party notified, filed. (ShannonHolden, 4) |
| Filing 113 AO 435 TRANSCRIPT REQUEST by Attorney for Transcript of Trial Transcript before Judge Hoyt. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Washington, Mickey) |
| Filing 112 AO 435 TRANSCRIPT REQUEST by Plaintiff for Transcript of Trial from 10-17-22 to 10-25-22 before Judge Hoyt. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Sanford, Brian) |
| Filing 111 TRANSCRIPT re: Jury Trial, Day 7 of 7, Verdict held on October 25, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 110 TRANSCRIPT re: Jury Trial, Day 6 of 7, Closing Arguments held on October 24, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 109 TRANSCRIPT re: Jury Trial, Day 5 of 7 held on October 21, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 108 TRANSCRIPT re: Jury Trial, Day 4 of 7 held on October 20, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 107 TRANSCRIPT re: Jury Trial, Day 3 of 7 held on October 19, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 106 TRANSCRIPT re: Jury Trial, Day 2 of 7 held on October 18, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 105 TRANSCRIPT re: Jury Trial, Day 1 of 7, Voir Dire and Openings held on October 17, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 104 TRANSCRIPT re: Final Pretrial Conference held on October 17, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Barak Babcock Release of Transcript Restriction set for 2/14/2023., filed. (Miller, Kathleen) |
| Filing 103 Receipt for Withdrawal of Plaintiff's Trial Exhibits by attorney for Jennifer Harris(JosephWells, 4) |
| Filing 102 Receipt for Withdrawal of Exhibits by attorney for Jennifer Harris(chorace) |
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Filing 101
ORDER. The parties shall withdraw from the Clerk their trial exhibits and shall maintain them for purposes of appeal.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 100 Receipt for Withdrawal of Exhibits by attorney for FedEx Corporation(chorace) |
| Filing 99 Court's Instructions and JURY VERDICT in favor of Jennifer Harris.(chorace) (Additional attachment(s) added on 10/25/2022: #1 Unredacted attachment Jury Verdict) (chorace, 4). |
| Filing 98 AO 435 TRANSCRIPT REQUEST by Barak Babcock for Transcript of Trial,10/17/22-10/25/2022, Judge Hoyt. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Babcock, Barak) |
| Filing 97 Jury Note No. 5 - We have reached a Verdict.(chorace) (Additional attachment(s) added on 10/25/2022: #1 Unredacted attachment Jury Note No. 5) (chorace, 4). |
| Filing 96 Jury Note No. 4 and the Court's Response(chorace) (Additional attachment(s) added on 10/25/2022: #1 Unredacted attachment Jury Note No. 4) (chorace, 4). |
| Filing 94 Jury Note No. 3 and the Court's Response(JosephWells, 4) (Additional attachment(s) added on 10/25/2022: #1 Unredacted attachment Jury Note No. 3) (chorace, 4). |
| Minute Entry for proceedings held before Judge Kenneth M Hoyt. SEVENTH day of JURY TRIAL held on 10/25/2022. Jury Notes 1&2 were read into the record. Verdict Reached; Jury polled. Court adjourned. Appearances:Elizabeth BB Sanford, Michelle Lamb, Barak Jonathan Babcock, Christopher M. Ahearn.(Court Reporter: K. Miller), filed.(chorace) |
| Filing 95 Joint List of Admitted Trial Exhibits to be Provided to Jury by FedEx Corporation, Jennifer Harris(JosephWells, 4) |
| Filing 93 Jury Note No. 2 and the Court's Response(chorace) (Additional attachment(s) added on 10/24/2022: #1 Unredacted attachment Jury Note No. 2) (chorace, 4). |
| Filing 92 Jury Note No. 1 and the Court's Response(chorace) (Additional attachment(s) added on 10/24/2022: #1 Unredacted attachment Jury Note No. 1) (chorace, 4). |
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Filing 91
ORDER to Feed the Jury. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 90 Notice of Filing of Official Transcript as to #88 Transcript,. Party notified, filed. (ShannonHolden, 4) |
| Filing 89 Certification of Trial Exhibits for Jury Deliberations by FedEx Corporation, Jennifer Harris(JosephWells, 4) |
| Minute Entry for proceedings held before Judge Kenneth M Hoyt. SIXTH day of JURY TRIAL held on 10/24/2022. Charge conference held. Reading of the Jury Instruction; closing arguments. The jury retires for deliberations. Jury Note No. 1 and the Court's response reviewed by the parties; Jury Note No. 2 and the Court's response reviewed by the parties. The Court instructed the jury (in the courtroom), to continue with deliberations. Jury instructed and released; recessed until 10/25/2022 at 9:30 a.m. Appearances:Elizabeth BB Sanford, Michelle Lamb, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford.(Court Reporter: K. Miller), filed.(chorace) |
| Filing 88 TRANSCRIPT re: Defense Opening Statement, Jury Trial held on October 17, 2022 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Kathleen Miller. Ordering Party Brian P. Sanford Release of Transcript Restriction set for 1/19/2023., filed. (Miller, Kathleen) |
| Minute Entry for proceedings held before Judge Kenneth M Hoyt. FIFTH day of JURY TRIAL held on 10/21/2022. Defense moves for and the Court denied their motion for judgment as a matter of law. Defense evidence begins. Defense rests. Defense renewed their motion for judgment as a matter of law and the Court denied it. Jury instructed and released; recessed until 10/24/2022 at 8:00 a.m. Witnesses: 1)James Van Epps 2)Mac Chonoles 3)Jaime Golden McElroy 4)Davis Russell 5)Brian Hickman 6)Grant Coon. Appearances:Elizabeth BB Sanford, Michelle Lamb, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford.(Court Reporter: K. Miller), filed.(chorace) |
| Minute Entry for proceedings held before Judge Kenneth M Hoyt. FOURTH day of JURY TRIAL held on 10/20/2022. Pltf's evidence continues. The pltf stipulates on the record. Pltf rests. Witnesses: 1)Jennifer Harris 2)T.R. Williams 3)Michael Clark 4)Dulce "Alexis" Green5)Tamera Jordan. Jury instructed and released; recessed until 10/21/2022 at 9:00 a.m. Appearances:Elizabeth BB Sanford, Michelle Lamb, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford.(Court Reporter: K. Miller), filed.(chorace) |
| Minute Entry for proceedings held before Judge Kenneth M Hoyt. THIRD day of JURY TRIAL held on 10/19/2022. Pltf's evidence continues. Witnesses: 1)Michelle Lamb 2)Brian Conrey 3)Byron Jackson 4)Miriam Zapata 5)Emily Hineman 6)Jennifer Harris. Jury instructed and released; recessed until 10/20/2022 at 9:00 a.m. Appearances:Elizabeth BB Sanford, Michelle Lamb, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford.(Court Reporter: K. Miller), filed.(chorace) Modified on 10/20/2022 (chorace). |
| Filing 87 Minute Entry for proceedings held before Judge Kenneth M Hoyt. SECOND day of JURY TRIAL held on 10/18/2022. Plaintiff's evidence begins. Witnesses: 1)Coniesha Sherrod 2)Corey Wolfe 3)Kristie Kastilow 4)Richard Holley 5) Michelle Lamb. Jury instructed and released; recessed until 10/19/2022 at 9:00 a.m. Appearances:Elizabeth BB Sanford, Michelle Lamb, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford.(Court Reporter: K. Miller), filed.(chorace) |
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Filing 86
ORDER granting #82 Motion to Quash subpoena of Non-Party James Powell.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 85
JOINT PRETRIAL ORDER. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Minute Entry for proceedings held before Judge Kenneth M Hoyt. FIRST day of JURY TRIAL held on 10/17/2022. Rule invoked. Batson challenge as to Juror No. 10 by the plaintiff. Jury selected and sworn. Opening statements begin. Jury instructed and released. Recessed until 10/18/2022 at 9:00 a.m. Appearances: Elizabeth BB Sanford, Michelle Lamb, Jason Bloom, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford.(Court Reporter: K. Miller), filed.(chorace) |
| Minute Entry for proceedings held before Judge Kenneth M Hoyt. final PRETRIAL CONFERENCE held on 10/17/2022. Pretrial matters discussed. exhibits w/o objections are provisionally admitted. The Court heard argument on the non-party motion to quash as to James Powell. The case proceeds to jury selection. Appearances:Elizabeth BB Sanford, Barak Jonathan Babcock, Christopher M. Ahearn, Brian P Sanford, Stephen Jose Quezada.(Court Reporter: K. Miller), filed.(chorace) |
| Filing 84 Amended Exhibit List by Jennifer Harris(Sanford, Brian) |
| Filing 83 OBJECTIONS to #74 Proposed Pretrial Order, Plaintiff's Proposed Jury Charge and Instructions, filed by FedEx Corporate Services, Inc.. (Babcock, Barak) |
| Filing 82 MOTION to Quash Subpoena to Appear and Testify by James Powell, filed. Motion Docket Date 11/7/2022. (Attachments: #1 Exhibit Exhibits A, B, & C, #2 Proposed Order)(Quezada, Stephen) |
| Filing 81 Amended Exhibit List by Jennifer Harris(Sanford, Brian) |
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Filing 80
ORDER granting #61 Defendant's First MOTION In Limine to Exclude "Me Too" Evidence, denying #62 Defendant's Motion in Limine to Exclude Corey Wolf Because of Untimely Disclosure and denying #78 Defendant's MOTION In Limine. The parties are to report to the Court on October 17, 2022 at 10:00 a.m. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) Modified on 10/14/2022 (chorace).
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Filing 79
ORDER granting #65 Plaintiff's Unopposed Motion in Limine.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 78 MOTION In Limine to Exclude Corey Wolf Because of Untimely Disclosure by FedEx Corporation, filed. Motion Docket Date 10/31/2022. (Attachments: #1 Memorandum in Support of Motion in Limine, #2 Proposed Order Proposed Order, #3 Appendix Appendix Index, #4 Appendix Appendix 1 - Declaration of CoAnn Ressler, #5 Appendix Appendix 2 - Plaintiff's Initial Disclosures (Served 9/27/21), #6 Appendix Appendix 3 - Plaintiff's Amended Initial Disclosures (Served 5/30/22), #7 Appendix Appendix 4 - Plaintiff's 9/2/22 Witness List, #8 Appendix Appendix 5 - Carley v. Crest Pumping Techs (Case), #9 Appendix Appendix 6- Nat'l Union Fire Ins. Co. v. Tyco (Case), #10 Appendix Appendix 7 - McCollum v. UPS Ground Freight (Case), #11 Appendix Appendix 8 - Mindrup v. Goodman Networks, Inc.,(Case), #12 Appendix Appendix 9 - Drechsel v. Liberty Mut. Ins. Co.,(Case), #13 Appendix Appendix 10 - Klein v. Fed. Ins. Co., (Case), #14 Appendix Appendix 11 - Bailey v. City of Bellevue, (Case))(Babcock, Barak) |
| Filing 77 NOTICE Of Error In Parties' Joint Proposed Pretrial Order re: #74 Proposed Pretrial Order, by FedEx Corporate Services, Inc., filed. (Babcock, Barak) |
| Filing 76 OBJECTIONS To Plaintiff's Revised Exhibit List (Docket No. 74-2), filed by FedEx Corporate Services, Inc.. (Babcock, Barak) |
| Filing 75 OBJECTIONS to #74 Proposed Pretrial Order, Defendant's Exhibit List, filed by Jennifer Harris. (Sanford, Brian) |
| Filing 74 Joint Proposed Pretrial Order by Jennifer Harris (Attachments: #1 Pl Witness List, #2 Pl Exhibit List, #3 Pl Voir Dire Questions, #4 Pl Proposed Jury Charge, #5 Def Witness List, #6 Def Exhibit List, #7 Def Voir Dire Questions, #8 Def Proposed Jury Charge)(Sanford, Brian) |
| Filing 73 RESPONSE in Opposition to #66 MOTION for Reconsideration of #56 Memorandum and Order,, #57 Order, filed by Jennifer Harris. (Attachments: #1 Proposed Order)(Sanford, Brian) |
| Filing 72 ANSWER to #58 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by FedEx Corporate Services, Inc., filed.(Ahearn, Christopher) |
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Filing 71
ORDER denying #54 Defendant's Motion to Exclude Plaintiff's Expert Coneisha Sherrod.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 70
Order Following Telephone Scheduling Conference. Joint Pretrial Order due by 10/7/2022. Jury Selection and Trial set for 10/17/2022 at 11:00 AM before Judge Kenneth M Hoyt(Signed by Judge Kenneth M Hoyt) Parties notified.(rguerrero, 4)
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| Filing 68 Letter from Christopher M. Ahearn re: Vacation, filed. (MarcelleLaBee, 4) |
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Filing 69
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on September 8, 2022 at 9:30 a.m. Appearances: Elizabeth Sanford Barak Jonathan Babcock, Christopher M. Ahearn, Brent Douglas Sedge, Brian P Sanford. (Court Reporter: M. Malone) Pursuant to phone conference conducted this day, the Court sets this case for jury selection and trial October 17, 2022, at 11:00 a.m. Jury selection commences promptly after the Courts morning docket. Opening statements will follow selection and, if appropriate, lunch. The final pretrial order and attachments are due October 7 before close of business at 5:00 p.m. For other directives, the Court refers the parties to the transcript of the conference Testimony commences October 18, at 9:00 a.m. with trial proceeding day-to day until concluded. Joint Pretrial Order due by 10/7/2022. Jury Selection/Trial set for 10/17/2022 at 11:00 AM in Courtroom 11A before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 67 REPLY in Support of #54 Opposed MOTION to Exclude Coneisha Sherrod As An Expert And To Exclude Her Report And Testimony, filed by FedEx Corporate Services, Inc.. (Attachments: #1 Ressler Declaration, #2 Ressler Declaration Exhibit A)(Ahearn, Christopher) |
| Filing 66 MOTION for Reconsideration of #56 Memorandum and Order,, #57 Order by FedEx Corporate Services, Inc., filed. Motion Docket Date 9/28/2022. (Attachments: #1 Memorandum of Law in Support of Motion for Reconsideration, #2 Proposed Order)(Ahearn, Christopher) |
| Filing 65 Unopposed MOTION In Limine by Jennifer Harris, filed. Motion Docket Date 9/28/2022. (Attachments: #1 Proposed Order)(Sanford, Brian) |
| Filing 64 NOTICE of Setting. Parties notified. Telephone Conference regarding docket call is set for 9/8/2022 at 09:30 AM before Judge Kenneth M Hoyt, filed. (On "Meet-Me" Line) (chorace) |
| Filing 63 APPENDIX re: #62 Second MOTION In Limine , #61 First MOTION In Limine to Exclude "Me Too" Evidence by FedEx Corporate Services, Inc., filed. (Attachments: #1 Lamb Declaration, #2 Ressler Declaration, #3 Harris Deposition Excerpts, #4 Carley case, #5 Cooper Tire case, #6 Innovation Toys case, #7 Mindrup case)(Ahearn, Christopher) |
| Filing 62 Second MOTION In Limine by FedEx Corporate Services, Inc., filed. Motion Docket Date 9/27/2022. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(Ahearn, Christopher) |
| Filing 61 First MOTION In Limine to Exclude "Me Too" Evidence by FedEx Corporate Services, Inc., filed. Motion Docket Date 9/27/2022. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(Ahearn, Christopher) |
| Filing 60 Joint Proposed Pretrial Order by Jennifer Harris (Attachments: #1 Pl Exhibit List, #2 Def Exhibit List, #3 Pl Witness List, #4 Def Witness List, #5 Pl Voir Dire, #6 Def Voir Dire, #7 Pl Jury Charge, #8 Def Jury Charge)(Sanford, Brian) |
| Filing 59 RESPONSE in Opposition to #54 Opposed MOTION to Exclude Coneisha Sherrod As An Expert And To Exclude Her Report And Testimony, filed by Jennifer Harris. (Attachments: #1 Proposed Order)(Sanford, Brian) |
| Filing 58 Second AMENDED COMPLAINT with Jury Demand against FedEx Corporation filed by Jennifer Harris. Related document: #11 Amended Complaint/Counterclaim/Crossclaim etc. filed by Jennifer Harris.(kpicota, 4) |
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Filing 57
ORDER granting #42 Motion for Leave to File an Amended Complaint. (Signed by Judge Kenneth M Hoyt) Parties notified.(kpicota, 4)
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Filing 56
MEMORANDUM AND ORDER denying #27 Defendant's MOTION for Summary Judgment; granting #42 Opposed MOTION for Leave to File Plaintiff's Second Amended Complaint; and granting #47 Opposed MOTION for Leave to File File Response. Because the plaintiffs termination was based solely on her failure to meet the defendants revenue goal, when others not of her race but in similar positions were not terminated when they did not meet their revenue goals,raises the inference that race could have been factor in the plaintiffs termination. Thereafter, the defendants motion for summary judgment is Denied. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 55 APPENDIX re: #54 Opposed MOTION to Exclude Coneisha Sherrod As An Expert And To Exclude Her Report And Testimony by FedEx Corporate Services, Inc., filed. (Attachments: #1 Sherrod Report, #2 Sherrod 2/21/21 Deposition Excerpts, #3 Sherrod lawsuit Docket, #4 Sherrod Report in Hernandez lawsuit, #5 Sherrod Report in Owens lawsuit, #6 Sherrod Report in Sullivan Case, #7 Neely v. PSEG Texas opinion, #8 Grimes v. Wal-Mart Stores opinion, #9 Hernandez v. City of Vancouver opinion, #10 Trentham v. Hidden Mountain Resorts opinion, #11 Himes v. Tex-Lube Co. opinion, #12 Jones v. Slay opinion, #13 Pittman v. Gen. Nutrition Corp. opnion, #14 Layman v. Guittierrez opinion, #15 Wilhoite v. Bi-Lo LLC opinion, #16 Stagent v. Intel opinion, #17 Hernandez v. Rush Enterprises opinion, #18 Sherrod v. United Way opinion, #19 Crow v. United Ben. Life Ins. opinion, #20 Stallion Heavy Haulers v. Lincoln Gen. Ins. opinion, #21 Allamon v. Acuity Specialty Products opinion, #22 Estate of Haeuser v. Westchester Surplus opinion, #23 Pagan-Aponte v. McHugh opinion, #24 Stallion Heavy Haulers v. Lincoln Gen. Ins. opinion)(Babcock, Barak) |
| Filing 54 Opposed MOTION to Exclude Coneisha Sherrod As An Expert And To Exclude Her Report And Testimony by FedEx Corporate Services, Inc., filed. Motion Docket Date 9/8/2022. (Attachments: #1 Memorandum Of Law In Support Of Motion, #2 Proposed Order)(Babcock, Barak) |
| Filing 53 REPLY to #51 Response to Objections to Supplemental Evidence, filed by Jennifer Harris. (Sanford, Brian) |
| Filing 52 APPENDIX re: #51 Response by FedEx Corporate Services, Inc., filed. (Attachments: #1 Declaration of CoAnn Sims Ressler, #2 Plaintiff's Response to Interrogatories, #3 Metzler case, #4 Wright case)(Babcock, Barak) |
| Filing 51 RESPONSE to #46 Objections , filed by FedEx Corporate Services, Inc.. (Attachments: #1 Proposed Order)(Babcock, Barak) |
| Filing 50 APPENDIX re: #47 Opposed MOTION for Leave to File File Response by FedEx Corporate Services, Inc., filed. (Attachments: #1 Declaration of CoAnn Ressler, #2 Harris Employment Agreement, #3 Diane Nuar Records, #4 Harris Text Message to Nuar, #5 Amended Charge, #6 emails between counsel re: Harris's email box, #7 Exhibit U - 30(b)(6) Deposition Notice, #8 Exhibit V - email designating 30(b)(6) witness, #9 Exhibit W - Termination Policy, #10 Exhibit X - Chonoles Deposition Transcript, #11 Harris Deposition Excerpts, #12 Cantu unpublished case)(Babcock, Barak) |
| Filing 49 RESPONSE in Opposition to #41 Opposed MOTION for Leave to File Plaintiff's Second Amended Complaint and Jury Demand, #42 Opposed MOTION for Leave to File Plaintiff's Second Amended Complaint and Jury Demand, filed by FedEx Corporate Services, Inc.. (Attachments: #1 Proposed Order)(Babcock, Barak) |
| Filing 48 MEMORANDUM IN SUPPORT re: #47 Opposed MOTION for Leave to File File Response by Jennifer Harris, filed.(Sanford, Brian) |
| Filing 47 Opposed MOTION for Leave to File File Response by Jennifer Harris, filed. Motion Docket Date 8/22/2022. (Attachments: #1 Exhibit Response to Supplemental Evidence, #2 Appendix Harris Declaration, #3 Appendix Attachment to Harris Declaration, #4 Proposed Order)(Sanford, Brian) |
| Filing 46 OBJECTIONS to #27 MOTION for Summary Judgment Supplemental Evidence, filed by Jennifer Harris. (Attachments: #1 Exhibit FedEx Rule 26 Disclosures, #2 Proposed Order)(Sanford, Brian) |
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Filing 45
ORDER granting #37 Second MOTION for Extension of Time to Respond to Motion for Summary Judgment re: #27 MOTION for Summary Judgment ( Responses due by 7/15/2022; Replies due by 7/27/2022)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 44 Supplemental APPENDIX re: #27 MOTION for Summary Judgment by FedEx Corporate Services, Inc., filed. (Attachments: #1 Declaration of CoAnn Sims Ressler (dated 7/25/22), #2 Exhibit Q - Dian Nuar records, #3 Exhibit R - 4/2/20 Amended Charge of Discrimiation, #4 Exhibit S - Email Exchange re: Plaintiff's emails, #5 Grace Owens Declaration in Owens v. Circassia Pharma Inc., #6 Smith v. Exccon Mobil Corp case)(Babcock, Barak) |
| Filing 43 REPLY in Support of #27 MOTION for Summary Judgment , filed by FedEx Corporate Services, Inc.. (Babcock, Barak) |
| Filing 42 Opposed MOTION for Leave to File Plaintiff's Second Amended Complaint and Jury Demand by Jennifer Harris, filed. Motion Docket Date 8/10/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Sanford, Brian) |
| Filing 41 Opposed MOTION for Leave to File Plaintiff's Second Amended Complaint and Jury Demand by Jennifer Harris, filed. Motion Docket Date 8/10/2022. (Attachments: #1 Plaintiff's Second Amended Complaint)(Sanford, Brian) |
| Filing 40 SEALED EXHIBITS re: #39 Response in Opposition to Motion,, by Jennifer Harris, filed. (Attachments: #1 Exhibit Exhibit 18, #2 Exhibit Exhibit 19, #3 Exhibit Exhibit 20, #4 Exhibit Exhibit 20, #5 Exhibit Exhibit 21, #6 Exhibit Exhibit 21, #7 Exhibit Exhibit 22, #8 Exhibit Exhibit 22) (Sanford, Brian) |
| Filing 39 RESPONSE in Opposition to #27 MOTION for Summary Judgment , filed by Jennifer Harris. (Attachments: #1 Appendix, #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, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit)(Sanford, Brian) |
| Filing 38 RESPONSE in Opposition to #27 MOTION for Summary Judgment , filed by Jennifer Harris. (Attachments: #1 Proposed Order)(Sanford, Brian) |
| Filing 37 Second MOTION for Extension of Time to Respond to Motion for Summary Judgment by Jennifer Harris, filed. Motion Docket Date 8/3/2022. (Attachments: #1 Proposed Order)(Sanford, Brian) |
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Filing 36
ORDER granting #33 Joint MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss and to Reply to Plaintiff's Response re: #27 MOTION for Summary Judgment ( Responses due by 7/13/2022; Replies due by 7/25/2022)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 35
ORDER denying #25 Defendant's Motion to Compel Answers to Deposition Questions.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 34
ORDER denying #24 Plaintiff's Motion to Compel Discovery.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 33 Joint MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss and to Reply to Plaintiff's Response by Jennifer Harris, filed. Motion Docket Date 7/26/2022. (Attachments: #1 Proposed Order)(Sanford, Brian) |
| Filing 32 APPENDIX re: #31 Response in Opposition to Motion by FedEx Corporate Services, Inc., filed. (Attachments: #1 Affidavit (Decl.) of Ressler, C., #2 Exhibit A to Ressler Decl. - Chemla Complaint, #3 Exhibit B to Ressler Decl. - Holley Depo. Excerpts, #4 Exhibit C to Ressler Decl. - Excel Excerpt re Revenue Attainment, #5 Exhibit D to Ressler Decl. - Excel Excerpt re New Business, #6 Exhibit E to Ressler Decl. - Supp. Rog Resp., #7 Supplement Unpub. Case - Arters, #8 Supplement Unpub. Case - Dreschel, #9 Supplement Unpub. Case - Garner)(Ahearn, Christopher) |
| Filing 31 RESPONSE in Opposition to #24 MOTION to Compel Interrogatories and Requests for Production, filed by FedEx Corporate Services, Inc.. (Ahearn, Christopher) |
| Filing 30 RESPONSE in Opposition to #25 MOTION to Compel Answers to Deposition Questions, filed by Jennifer Harris. (Sanford, Brian) |
| Filing 29 APPENDIX re: #27 MOTION for Summary Judgment by FedEx Corporate Services, Inc., filed. (Attachments: #1 Conoles Declaration, #2 Ressler Declaration, #3 A - EEO Policy, #4 B - Internal EEO Policy, #5 C - Corrective Action Policy, #6 D - Anti-Harassment Policy, #7 E - Explore Policy, #8 F - OneNote - Meetings summary, #9 G - Harris RFT, #10 H - MD Job Desc., #11 I - 12/6/19 meeting summary, #12 J - 6/7/19 Report, #13 K - 9/6/19 Report, #14 L - 12/31/19 Report, #15 M - Termination approval email, #16 N - Holley RFT, #17 O - Harris's Job Application, #18 P - 6/20/19 phone call summary, #19 Ex. 3 - Manager Job Desc., #20 Ex. 4 - Harris Amended Comp, #21 Ex. 5 - 3/14/19 Ethics Point Report, #22 Ex. 6 - OneNote summary of 5/21/18 meeting, #23 Ex. 8 - OneNote summary of 3/18/19 meeting, #24 Ex. 10 - Jan. 2018 email string, #25 Ex. 24 - OneNote Summary of 3/8/19 meeting, #26 Ex. 25 - Email recap of 3/18/19 meeting, #27 Ex. 28 - Oct. 2018 weekly meetings email, #28 Ex. 31 - Harris Letter of Counseling, #29 Ex. 32 - email about 1st PIP, #30 Ex. 33 - email about 1st PIP (color copy), #31 Ex. 34 - 1st PIP, #32 Ex. 37 - Harris Warning Letter, #33 Ex. 38 - 2nd PIP, #34 Ex. 39 - Harris Termination Letter, #35 Ex. 46 - March 2019 email string, #36 Ex. 47 - 7/9/19 EthicsPoint Report, #37 Ex. 55 - 12/9/19 EthicsPoint Report, #38 Ex. 64 - various performance expectations and attachments, #39 Holley Ex. 2 - 5/8/18 Letter of Counseling, #40 Holley Ex. 7 - 3/19/19 Letter of Counseling, #41 Holley Ex. 9 - Retirement email string, #42 Holley Ex. 11 - 10/28/19 Warning Letter, #43 Holley Ex. 15 - Holley PIP, #44 Harris Depo Excerpts, #45 Lamb Depo Excerpts, #46 Burchett Depo Excerpts, #47 Castilow Depo Excerpts, #48 Holley Depo Excerpts, #49 Owens case)(Babcock, Barak) |
| Filing 28 MEMORANDUM Of Law In Support of Summary Judgment Motion re: #27 MOTION for Summary Judgment by FedEx Corporate Services, Inc., filed.(Babcock, Barak) |
| Filing 27 MOTION for Summary Judgment by FedEx Corporate Services, Inc., filed. Motion Docket Date 7/6/2022. (Babcock, Barak) |
| Filing 26 NOTICE of Defendant's Certficate Of Meet And Confer Regarding Discovery Motion re: #25 MOTION to Compel Answers to Deposition Questions by FedEx Corporate Services, Inc., filed. (Babcock, Barak) |
| Filing 25 MOTION to Compel Answers to Deposition Questions by FedEx Corporate Services, Inc., filed. Motion Docket Date 6/21/2022. (Attachments: #1 Delcaration of Barak Babcock, #2 Exhibit A - to Babcock Declaration, #3 Proposed Order)(Babcock, Barak) |
| Filing 24 MOTION to Compel Interrogatories and Requests for Production by Jennifer Harris, filed. Motion Docket Date 6/21/2022. (Attachments: #1 Appendix)(Sanford, Brian) |
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Filing 23
PROTECTIVE ORDER granting #21 Unopposed MOTION for Entry of Order re: Entering An Order Implementing Federal Rule Of Evidence 502(d) And Protective Order. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 22
ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(d) #21 . (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 21 Unopposed MOTION for Entry of Order re: Entering An Order Implementing Federal Rule Of Evidence 502(d) And Protective Order by FedEx Corporate Services, Inc., filed. Motion Docket Date 3/3/2022. (Attachments: #1 Proposed Protective Order, #2 Proposed Order Implementing Federal Rule Of Evidence 502(d))(Babcock, Barak) |
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Filing 20
ORDER denying #8 Defendant's Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 19
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on October 4, 2021 at 8:30 a.m. Appearances: Waived. In light of the Coronavirus Pandemic, telephonic appearances are waived. Pltf Expert Witness List due by 2/18/2022. Pltf Expert Report due by 2/18/2022. Deft Expert Witness List due by 3/21/2022. Deft Expert Report due by 3/21/2022. Discovery due by 5/30/2022. Dispositive Motion Filing due by 6/15/2022. Docket Call set for 9/12/2022 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: 4-5 days. Jury trial. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 18 REPORT of Rule 26(f) Planning Meeting by Jennifer Harris, filed.(Sanford, Brian) |
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Filing 17
ORDER granting #15 Motion for Christopher M. Ahearn to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(ShoshanaArnow, 4)
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| Filing 16 ANSWER to #11 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by FedEx Corporate Services, Inc., filed.(Babcock, Barak) |
| Filing 15 MOTION for Christopher M. Ahearn to Appear Pro Hac Vice by FedEx Corporate Services, Inc., filed. Motion Docket Date 9/20/2021. (Babcock, Barak) |
| Filing 14 Summons Issued as to FedEx Corporation. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
| Filing 13 Request for Issuance of Summons as to FedEx Corporate Services, Inc., filed.(Sanford, Brian) |
| Filing 12 RESPONSE to #8 MOTION to Dismiss #1 Complaint For Lack Of Personal Jurisdiction , filed by Jennifer Harris. (Attachments: #1 Proposed Order)(Sanford, Brian) |
| Filing 11 AMENDED COMPLAINT with Jury Demand against FedEx Corporate Services, Inc. filed by Jennifer Harris.(Sanford, Brian) |
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Filing 10
ORDER granting #6 Unopposed MOTION for Extension of Time to File Initial Responsive Pleading ; Answer due for FedEx Corporation 7/9/2021(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 9 CERTIFICATE OF INTERESTED PARTIES by FedEx Corporation, filed.(Babcock, Barak) |
| Filing 8 MOTION to Dismiss #1 Complaint For Lack Of Personal Jurisdiction by FedEx Corporation, filed. Motion Docket Date 7/30/2021. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Appendix Evidentiary Appendix (001-073), #3 Proposed Order)(Babcock, Barak) |
| Filing 7 NOTICE of Appearance by Barak J. Babcock on behalf of FedEx Corporation, filed. (Babcock, Barak) |
| Filing 6 Unopposed MOTION for Extension of Time to File Initial Responsive Pleading by FedEx Corporation, filed. Motion Docket Date 7/9/2021. (Attachments: #1 Proposed Order)(Sedge, Brent) |
| Filing 5 Summons Issued as to FedEx Corporation. Issued summons delivered to plaintiff by NEF, filed.(JosephWells, 4) |
| Filing 4 CERTIFICATE OF INTERESTED PARTIES by Jennifer Harris, filed.(Sanford, Brian) |
| Filing 3 Request for Issuance of Summons as to Jennifer Harris, filed.(Sanford, Brian) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 10/4/2021 at 08:30 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified.(DesireeSillasadi, 4)
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| Filing 1 COMPLAINT against FedEx Corporation (Filing fee $ 402 receipt number 0541-26470449) filed by Jennifer Harris. (Attachments: #1 Civil Cover Sheet)(Sanford, Brian) Modified on 5/20/2021 (ltien, 4). |
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