Case: U.S. Equal Employment Opportunity Commission v. Federal Express Corporation

COMPLAINT against FEDERAL EXPRESS CORPORATION d/b/a FEDEX. Document filed by U.S. Equal Employment Opportunity Commission..(Puerta, Andres) (Entered: 01/16/2025)

CIVIL COVER SHEET filed..(Puerta, Andres) (Entered: 01/16/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Federal Express Corporation, re: 1 Complaint. Document filed by U.S. Equal Employment Opportunity Commission..(Puerta, Andres) (Entered: 01/16/2025)

ELECTRONIC SUMMONS ISSUED as to Federal Express Corporation..(jgo) (Entered: 01/17/2025)

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designated ECF. (jgo)

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andres F. Puerta. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted;. (jgo)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andres F. Puerta. The party information for the following party/parties has been modified: U.S. Equal Employment Opportunity Commission; FEDERAL EXPRESS CORPORATION d/b/a FEDEX. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; alias party name contained a typographical error; alias was added separately. (jgo)

WAIVER OF SERVICE RETURNED EXECUTED. Federal Express Corporation waiver sent on 1/16/2025, answer due 3/17/2025. Document filed by U.S. Equal Employment Opportunity Commission..(Puerta, Andres) (Entered: 02/11/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FedEx Corporation for Federal Express Corporation. Document filed by Federal Express Corporation..(Caminiti, Kathleen) (Entered: 03/17/2025)

ANSWER to 1 Complaint. Document filed by Federal Express Corporation..(Caminiti, Kathleen) (Entered: 03/17/2025)

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 4/1/2025. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) (Entered: 03/18/2025)

Notice of Mediator Assignment

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/18/2025.(sge)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Charles V. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30830932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Express Corporation. (Attachments: # 1 Affidavit Affidavit of Charles V. Holmes).(Caminiti, Kathleen) Modified on 3/26/2025 (rju). (Entered: 03/26/2025)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 9 MOTION for Charles V. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30830932. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Tennessee; missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju)

MOTION for Charles V. Holmes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Express Corporation. (Attachments: # 1 Affidavit Affidavit of Charles Holmes, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Caminiti, Kathleen) (Entered: 03/27/2025)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Charles V. Holmes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

ORDER granting 10 Motion for Charles V Holmes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 03/28/2025)

Order on Motion to Appear Pro Hac Vice

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/26/2025 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 4/16/2025) (tg) (Entered: 04/16/2025)

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 6/12/2025 at 09:30 AM in telephone or video conference.(sni)

Mediation Conference Scheduled

Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 6/12/2025. (sni)

SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 6/23/2025 at 09:30 AM in telephone or video conference.(sni)

Mediation Conference Scheduled

Mediation Conference

LETTER MOTION to Continue Initial Scheduling Conference addressed to Judge Mary Kay Vyskocil from Charles V. Holmes dated June 18, 2025. Document filed by Federal Express Corporation..(Holmes, Charles) (Entered: 06/18/2025)

ORDER granting 13 Letter Motion to Continue. GRANTED. The parties shall file a joint status letter within three days of the conclusion of the mediation. The IPTC is ADJOURNED to July 31, 2025 at 10:30 a.m. The JL and proposed CMP are due one week before the conference. No further adjournments/extensions of these deadlines will be granted absent truly extraordinary and unforeseeable circumstances. Initial Conference set for 7/31/2025 at 10:30 AM before Judge Mary Kay Vyskocil.. (Signed by Judge Mary Kay Vyskocil on 6/18/2025) (tg) (Entered: 06/18/2025)

Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 6/23/2025. (sni)

SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/14/2025 at 10:00 AM in telephone or video conference.(sni)

Mediation Conference Scheduled

Mediation Conference

Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/14/2025. Mediation Status due by 8/13/2025. (sni)

Mediation Conference

PROPOSED CASE MANAGEMENT PLAN. Document filed by U.S. Equal Employment Opportunity Commission..(Puerta, Andres) (Entered: 07/23/2025)

ORDER TO SHOW CAUSE: Accordingly, IT IS HEREBY ORDERED that by July 30, 2025 (1) the parties shall file the required Joint Letter, including all of the information enumerated in the Court's April Order, and (2) each party shall file a letter showing cause why it should not be sanctioned. The plaintiff, the U.S. Equal Employment Opportunity Commission, shall explain why this case should not be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, for failure to prosecute and comply with court orders, and why the Court should not impose lesser sanctions in lieu of dismissal. See Baptiste v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014). IT IS FURTHER ORDERED that the Initial Conference that was previously scheduled to take place on July 31, 2025 is ADJOURNED sine die. The Court will reschedule the conference if it concludes that a conference would be helpful. The parties are on notice that failure to comply with court orders, the Federal Rules of Civil Procedure, the Local Rules, and this Court's Individual Rules of Practice may result in sanctions, including: monetary sanctions on counsel and the parties; preclusion of claims, defenses evidence, and motion practice; and the case-terminating sanctions of dismissal for failure to prosecute and default judgment. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/28/2025) (mml) (Entered: 07/28/2025)

JOINT LETTER addressed to Judge Mary Kay Vyskocil from Andres F. Puerta, Esq. dated 07/29/2025 re: Joint Letter Pursuant to the April Order (ECF No. 12), June Order (ECF No. 14), and July Order (ECF No. 16). Document filed by U.S. Equal Employment Opportunity Commission..(Puerta, Andres) (Entered: 07/29/2025)

LETTER addressed to Judge Mary Kay Vyskocil from Charles V. Holmes, Esq. dated July 29, 2025 re: Order to Show Cause (ECF No. 16). Document filed by Federal Express Corporation..(Holmes, Charles) (Entered: 07/29/2025)

LETTER addressed to Judge Mary Kay Vyskocil from Andres F. Puerta, Esq. dated 07/29/2025 re: Letter RE: July 28 Order To Show Cause (ECF No. 16). Document filed by U.S. Equal Employment Opportunity Commission..(Puerta, Andres) (Entered: 07/29/2025)

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Mary Kay Vyskocil, United States District Judge: This proposed Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3): All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See28 U.S.C. § 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. The parties are free to set interim deadlines provided that fact discovery is complete by December 8, 2025. Counsel for the parties have conferred and their present best estimate of the length of trial is: five (5) days. The parties remain on notice that failure to comply with all court orders and all applicable rules may result in sanctions including: monetary sanctions on counsel and the parties; preclusions of claims, defenses, evidence, and motion practice; and the case-terminating sanctions of dismissal for failure to prosecute and default judgment. Fact Discovery due by 12/8/2025. Expert Discovery due by 2/8/2026. Status Conference set for 12/15/2025 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (And as further set forth herein.) SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/30/2025) (jca) (Entered: 07/31/2025)

NOTICE OF APPEARANCE by Emily Rose Kempa on behalf of U.S. Equal Employment Opportunity Commission..(Kempa, Emily) (Entered: 08/06/2025)

NOTICE OF APPEARANCE by Edumin Corrales on behalf of U.S. Equal Employment Opportunity Commission..(Corrales, Edumin) (Entered: 08/08/2025)

STATUS REPORT. Joint Status Letter re Mediation Document filed by U.S. Equal Employment Opportunity Commission..(Corrales, Edumin) (Entered: 08/13/2025)

Set/Reset Mediation Case Tracking Deadlines: Mediation Status due by 10/17/2025. (sni)

Mediation Conference Scheduled

SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 9/26/2025 at 02:00 PM in telephone or video conference.(sni)

Stay

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Mediation Conference

Extension of Time to Complete Discovery

Scheduling Order AND ~Util - Case Stay Lifted AND ~Util - Terminate Motions