Cook v. United Parcel Service, Inc.

North Carolina Western District Court
Judge:	Kenneth D Bell
Referred:	David S Cayer
Case #:	5:20-cv-00042
Nature of Suit	445 Civil Rights - Amer w/Disabilities-Employment
Cause	42:12101 Americans With Disability Act

Case Filed:	Apr 02, 2020
Terminated:	May 25, 2021

Last checked: Tuesday Sep 29, 2020 4:58 AM EDT

Defendant United Parcel Service, Inc.	Represented By Ethan Coretz Goemann Seyfarth Shaw LLP contact info J. Stanton Hill Seyfarth Shaw LLP contact info
Plaintiff Earl Cook	Represented By Todd J. Combs Combs Law, PLLC contact info

Docket last updated: 05/07/2025 11:59 PM EDT

Wednesday, August 24, 2022
37		37 misc Costs Taxed Wed 08/24 3:42 PM Costs Taxed in amount of $2,423.22 against Plaintiff, Earl Cook. (thh) Related: [-]
Wednesday, May 04, 2022
36		36 misc Bill of Costs Wed 05/04 10:33 AM BILL OF COSTS by United Parcel Service, Inc.. Objection to Bill of Costs due by 5/18/2022(Peake, J.) Related: [-]
		Att: 1 Bill of Costs Itemization,
		Att: 2 Fees for Subpoena Service,
		Att: 3 Fees for Deposition Transcripts,
		Att: 4 Fees for Copies
35		35 appeal Mandate - USCA Wed 05/04 9:04 AM MANDATE of USCA as to29 Notice of Appeal,34 Opinion/Judgment - USCA 21-1693 . (hms) Related: [-]
Tuesday, April 12, 2022
34		34 5 pgs appeal Opinion - USCA Wed 04/13 6:19 AM Unpublished Opinion from Fourth Circuit Court of Appeals as to29 Notice of Appeal. 4th Circuit decision - Affirmed. 21-1693 (ejb) Related: [-]
		Att: 1 USCA Judgment
Monday, August 09, 2021
33		33 misc Costs Taxed Mon 08/09 1:37 PM CLERK'S Notice Regarding Bill of Costs: Defendant's Bill of Costs (Doc. 32) is hereby DENIED AS PREMATURE, without prejudice to any prevailing party's right to file a Bill of Costs within the time prescribed in Local Civil Rule 54.1(a)(2). Signed by Clerk, Frank G. Johns on 8/9/2021. (tmg) Related: [-]
Monday, July 26, 2021
32		32 misc Bill of Costs Mon 07/26 4:01 PM BILL OF COSTS by United Parcel Service, Inc.. Objection to Bill of Costs due by 8/9/2021(Peake, J.) Related: [-]
		Att: 1 Exhibit Defendant's Bill of Costs Itemization,
		Att: 2 Exhibit Fees For Subpoena Service,
		Att: 3 Exhibit Fees For Deposition Transcripts,
		Att: 4 Exhibit Fees For Copy Costs
Monday, June 21, 2021
31		31 appeal Case Number - Court of Appeals Mon 06/21 2:38 PM USCA Case Number 21-1693 for29 Notice of Appeal, USCA Case Manager: Rickie Edwards. (rhf) Related: [-]
Thursday, June 17, 2021
30		30 appeal Transmission of Notice of Appeal to USCA Thu 06/17 3:35 PM Transmission of Notice of Appeal to US Court of Appeals re29 Notice of Appeal(nvc) Related: [-]
29		29 appeal Notice of Appeal Thu 06/17 1:48 PM NOTICE OF APPEAL as to26 Order on Motion for Summary Judgment by Earl Cook. Filing fee $ 505, receipt number 0419-5080567. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Combs, Todd) Related: [-]
28		28 appeal Notice of Appeal Thu 06/17 1:34 PM Document Deleted. Attorney Refiled as Document No. 29 and paid the filing fee (Combs, Todd) Modified on 6/17/2021 (tmg) Related: [-]
Tuesday, May 25, 2021
27		27 order Judgment - Clerk Tue 05/25 2:41 PM CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 5/25/2021. Signed by Clerk, Frank G. Johns. (nvc) Related: [-]
26		26 21 pgs order Order on Motion for Summary Judgment Tue 05/25 2:41 PM ORDER granting Defendant's 18 Motion for Summary Judgment as to all claims. The Clerk of Court is directed to close this case. Signed by District Judge Kenneth D. Bell on 5/25/2021. (nvc) Related: [-]
Monday, May 24, 2021
		minutes Motion Hearing Mon 05/24 3:22 PM Minute Entry: MOTION HEARING held before District Judge Kenneth D. Bell. Re18 MOTION for Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: Todd Combs. Defendants attorney: J. Day Peake, III and Nathan A. Huff. Court reporter: Cathy Chaplin (Chaplin and Associates 704-606-1434). (nvc) Related: [-]
Thursday, April 29, 2021
		notice Notice of Hearing on Motion Thu 04/29 3:10 PM NOTICE of Hearing on Motion re:18 MOTION for Summary Judgment : Motion Hearing set for 5/24/2021 01:30 PM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document. (nvc) Related: [-]
Thursday, April 22, 2021
25		25 respm Reply to Response to Motion Thu 04/22 4:18 PM REPLY to Response to Motion re18 MOTION for Summary Judgment by United Parcel Service, Inc..(Huff, Nathan) Related: [-]
		Att: 1 Affidavit Declaration of Ebony Truzy
Thursday, April 15, 2021
24		24 respm Response in Opposition to Motion Thu 04/15 7:08 PM RESPONSE in Opposition re18 MOTION for Summary Judgment Plaintiff's Response to Defendant's Motion for Summary Judgment by Earl Cook. Replies due by 4/22/2021(Combs, Todd) Related: [-]
		Att: 1 Memorandum Plaintiffs Memorandum in Opposition to Defendants motion for summary judgment,
		Att: 2 Exhibit Affidavit of Earl Cook,
		Att: 3 Exhibit Affidavit of Larisa Ashe,
		Att: 4 Exhibit Bailey deposition-part one,
		Att: 5 Exhibit Bailey deposition-part two,
		Att: 6 Exhibit exhibits to depositions-one,
		Att: 7 Exhibit exhibits to depositions -two,
		Att: 8 Exhibit exhibits to depositions - three,
		Att: 9 Exhibit exhibits to depositions-four,
		Att: 10 Exhibit Coates deposition -part one,
		Att: 11 Exhibit Coates deposition - part two,
		Att: 12 Exhibit Cook deposition-part one,
		Att: 13 Exhibit cook deposition-part two,
		Att: 14 Exhibit cook deposition-part three,
		Att: 15 Exhibit cook deposition -part four,
		Att: 16 Exhibit cook deposition -part five,
		Att: 17 Exhibit cook deposition-part six,
		Att: 18 Exhibit cook deposition-part seven,
		Att: 19 Exhibit cook deposition-part eight
Wednesday, April 07, 2021
23		23 motion Extension of Time Wed 04/07 1:29 PM Second MOTION for Extension of Time to File Response/Reply re:18 MOTION for Summary Judgment Plaintiff's 2nd Motion for Extension of Time to File a Response to Defendant's Motion for Summary Judgment by Earl Cook. Responses due by 4/21/2021 (Combs, Todd) Related: [-]
		order Order on Motion for Extension of Time Wed 04/07 1:44 PM TEXT-ONLY ORDER granting 23 Motion for Extension of Time to File Response/Reply re 18 MOTION for Summary Judgment. Responses due by 4/15/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/7/2021. (DLG) Related: [-]
Friday, March 12, 2021
22		22 motion Extension of Time Fri 03/12 2:16 PM Unopposed MOTION for Extension of Time to File Response/Reply re:18 MOTION for Summary Judgment by Earl Cook. Responses due by 3/26/2021 (Combs, Todd) Related: [-]
		order Order on Motion for Extension of Time Fri 03/12 2:38 PM TEXT-ONLY ORDER granting 22 Motion for Extension of Time to File Response/Reply re 18 MOTION for Summary Judgment. Responses due by 4/7/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/12/2021. (DLG) Related: [-]
Thursday, March 04, 2021
21		21 1 pgs order Order on Motion for Leave to Appear Pro Hac Vice Thu 03/04 4:43 PM ORDER granting 19 , 20 Motions for Leave to Appear Pro Hac Vice added J. Day Peake, Michael B. Victorian for United Parcel Service, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 3/4/2021. (tmg) Related: [-]
20		20 motion Appear Pro Hac Vice - one motion per atty Thu 03/04 2:09 PM MOTION for Leave to Appear Pro Hac Vice as to Michael B. Victorian Filing fee $ 288, receipt number 0419-4925351. by United Parcel Service, Inc.. (Huff, Nathan) Related: [-]
19		19 motion Appear Pro Hac Vice - one motion per atty Thu 03/04 2:04 PM MOTION for Leave to Appear Pro Hac Vice as to J.Day Peake, III Filing fee $ 288, receipt number 0419-4925331. by United Parcel Service, Inc.. (Huff, Nathan) Related: [-]
		notice Notice - Out of State Counsel Thu 03/04 4:56 PM Notice to J. Day Peake, III: Pursuant to Local Rule 83.1 you are required to Register for ECF Account[LINK:Application Link] . (Attorney served via NEF) Deadline by 3/11/2021. (tmg) Related: [-]
		notice Notice - Out of State Counsel Thu 03/04 4:57 PM Notice to Michael Victorian: Pursuant to Local Rule 83.1 you are required to Register for ECF Account[LINK:Application Link] . (Attorney served via NEF) Deadline by 3/11/2021. (tmg) Related: [-]
Monday, March 01, 2021
18		18 motion Summary Judgment Mon 03/01 2:59 PM MOTION for Summary Judgment by United Parcel Service, Inc.. Responses due by 3/15/2021 (Hill, J.) (Main Document 18 and Attachment 1 replaced on 3/2/2021, NEF Regenerated) (tmg) Related: [-]
		Att: 1 Memorandum Memorandum of Law in Support,
		Att: 2 Declaration of Stan Hill,
		Att: 3 Exhibit 1 to Declaration of Stan Hill - Cook Dep.,
		Att: 4 Exhibit 2 to Declaration of Stan Hill - Bailey Dep.,
		Att: 5 Exhibit 3 to Declaration of Stan Hill - Coates Dep.,
		Att: 6 Declaration of Ebony Truzy
Tuesday, February 23, 2021
17		17 notice Notice of Substitution of Counsel Tue 02/23 1:01 PM Notice of Substitution of Counsel by Nathan A. Huff on behalf of United Parcel Service, Inc., Attorney Ethan Coretz Goemann and J. Stanton Hill terminated. (Huff, Nathan) Related: [-]
Wednesday, January 13, 2021
16		16 adr Report of Mediation Wed 01/13 1:25 PM REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Anderson, M.) Related: [-]
Tuesday, July 28, 2020
15		15 order Protective Order Tue 07/28 3:31 PM PROTECTIVE ORDER re: 14 Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 7/28/2020. (nvc) Related: [-]
Monday, July 13, 2020
14		14 motion Protective Order Mon 07/13 6:06 PM MOTION for Protective Order by United Parcel Service, Inc.. Responses due by 7/27/2020(Goemann, Ethan) Related: [-]
		Att: 1 Proposed Order
Tuesday, July 07, 2020
13		13 adr Designation of Mediator Tue 07/07 12:27 PM DESIGNATION of Ann Anderson as Mediator by all the parties. (Combs, Todd) Related: [-]
Thursday, May 28, 2020
12		12 order Scheduling Order Thu 05/28 11:50 AM Pretrial Order and Case Management Plan: Estimated Trial Time: 3 days. Discovery due by 1/27/2021. Motions due by 3/1/2021. Mediation deadline set for 1/27/2021. Jury Trial set for 7/19/2021 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Signed by Magistrate Judge David S. Cayer on 5/28/2020. (nvc) Related: [-]
Tuesday, May 26, 2020
11		11 discov Certification of Initial Attorneys Conference and Discovery Plan Tue 05/26 10:29 AM Joint CERTIFICATION of initial attorney conference and discovery plan (Combs, Todd) Related: [-]
Thursday, May 07, 2020
10		10 notice Notice of Certificate of Initial Settlement Conference Thu 05/07 2:55 PM NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (Goemann, Ethan) Related: [-]
Wednesday, May 06, 2020
		notice Notice to Conduct Initial Attorneys Conference Wed 05/06 10:51 AM NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The[LINK:Certificate of Initial Attorneys Conference] , and if applicable, the[LINK:Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge] , should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 5/27/2020. (tmg) Related: [-]
		notice Notice (Other) Wed 05/06 11:02 AM NOTICE to Counsel: Pursuant to Judge Bell's Standing Order 5:19-mc-5 the Certificate of Settlement Conference should be filed with answer. Certificate due 5/7/2020. (tmg) Related: [-]
Tuesday, May 05, 2020
9		9 1 pgs order Order on Motion for Leave to Appear Pro Hac Vice Tue 05/05 10:37 AM ORDER granting 8 Motion for Leave to Appear Pro Hac Vice added J. Stanton Hill for United Parcel Service, Inc. Signed by Magistrate Judge David S. Cayer on 5/4/2020. (nvc) Related: [-]
Monday, May 04, 2020
8		8 motion Appear Pro Hac Vice - one motion per atty Mon 05/04 1:37 PM MOTION for Leave to Appear Pro Hac Vice as to J Stanton Hill Filing fee $ 281, receipt number 0419-4481948. by United Parcel Service, Inc.. (Goemann, Ethan) Related: [-]
7		7 misc Corporate Disclosure Statement Mon 05/04 1:29 PM Corporate Disclosure Statement by United Parcel Service, Inc. (Goemann, Ethan) Related: [-]
6		6 answer Answer to Complaint Mon 05/04 1:28 PM DEFENDANT'S ANSWER to1 Complaint, by United Parcel Service, Inc..(Goemann, Ethan) Related: [-]
Thursday, April 23, 2020
5		5 service Summons Returned Executed Thu 04/23 2:29 PM SUMMONS Returned Executed by USM. United Parcel Service, Inc. served on 4/13/2020, answer due 5/4/2020. (tmg) Related: [-]
Tuesday, April 07, 2020
4		4 service Summons Issued Tue 04/07 9:13 PM Summons Issued Electronically to US Marshal for service as to United Parcel Service, Inc. (tmg) Related: [-]
		Att: 1 USM 285 Form
3		3 order Order on Motion for Leave to Proceed In Forma Pauperis Tue 04/07 6:18 PM ORDER (Sealed - Participants) granting 2 Motion for Leave to Proceed in forma pauperis. Clerk shall prepare process to USM for service upon Defendant. Signed by Magistrate Judge David S. Cayer on 4/7/2020. (tmg) Related: [-]
Monday, April 06, 2020
		utility Motions Referred Mon 04/06 12:11 PM Motion referred to David S. Cayer:2 MOTION to Proceed in forma pauperis (tmg) Related: [-]
Friday, April 03, 2020
		utility Judge Bell Civil Standing Order Requiring ISC Fri 04/03 2:58 PM Clerk's Entry and Service of[LINK:Standing Order Requiring an Initial Settlement Conference in Civil Cases] assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The parties are directed to click on the link above to retrieve the Order. The filing party is directed to serve a copy of the Order with service. (nvc) Related: [-]
Thursday, April 02, 2020
2		2 motion Proceed In Forma Pauperis Thu 04/02 3:21 PM MOTION (Sealed - Participants) to Proceed in forma pauperis by Earl Cook. (Combs, Todd) Related: [-]
1		1 cmp Complaint Thu 04/02 3:18 PM COMPLAINT for Disability Discrimination, Failure to accommodate and Wrongful Termination against United Parcel Service, Inc. with Jury Demand, filed by Earl Cook.(Combs, Todd) Related: [-]
		Att: 1 Exhibit Dismissal and Notice of Rights,
		Att: 2 Exhibit Charge of Discrimination,
		Att: 3 Exhibit Novant Health Letter dated April 4, 2018
		utility Case Assigned/Reassigned Thu 04/02 8:02 PM Case assigned to District Judge Kenneth D. Bell and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (tmg) Related: [-]

Continue to Create Account