Smith v. FedEx Freight

Montana District Court
Judge:Susan P Watters
Referred: Timothy J Cavan
Case #: 1:23-cv-00027
Nature of Suit790 Labor - Other Labor Litigation
Cause28:1332 Diversity-Employment Discrimination
Case Filed:Mar 16, 2023
Terminated:Mar 29, 2024
Case in other court:MT 13th Judicial District Court, Yellowstone Co., DV-23-00194
Last checked: Saturday Sep 16, 2023 10:48 AM MDT
Defendant
FedEx Freight
Represented By
Oliver H. Goe
Browning Kaleczyc Berry & Hoven
contact info
Donald H Snook
Fedex Freight, Inc
contact info
Plaintiff
James Smith
3285 Canyon Dr. No. 27
Billings, MT 59102

GPO Mar 12 2024
FINDINGS AND RECOMMENDATIONS re 19 MOTION to Dismiss filed by FedEx Freight re 3 Complaint filed by James Smith. Signed by Magistrate Judge Timothy J. Cavan on 3/12/2024. (JDH) Modified on 3/12/2024: conventionally mailed to plaintiff J. Smith (JDH).
GPO Mar 29 2024
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 23) are ADOPTED IN FULL. Defendant FedEx Freight's Rule 41 (b) Motion for Dismissal (Doc. 19) is GRANTED as to dismissal and DENIED as to dismissal with prejudice. IT IS FURTHER ORDERED that this matter is DISMISSED WITHOUT PREJUDICE pursuant to Rule 4l(b) of the Federal Rules of Civil Procedure. Signed by Judge Susan P. Watters on 3/29/2024. (AMC)

Docket last updated: 10 hours ago
Friday, March 29, 2024
25 25 misc Judgment - Clerk Fri 03/29 10:57 AM
CLERK'S JUDGMENT. (copy of judgment and document 24 mailed to J. Smith) (AMC)
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24 24 2 pgs order Order Adopting Findings and Recommendations - SDM Order on Motion to Dismiss Order on Findings and Recommendations Fri 03/29 10:53 AM
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 23) are ADOPTED IN FULL. Defendant FedEx Freight's Rule 41 (b) Motion for Dismissal (Doc. 19) is GRANTED as to dismissal and DENIED as to dismissal with prejudice. IT IS FURTHER ORDERED that this matter is DISMISSED WITHOUT PREJUDICE pursuant to Rule 4l(b) of the Federal Rules of Civil Procedure. Signed by Judge Susan P. Watters on 3/29/2024. (AMC)
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Tuesday, March 12, 2024
23 23 motion Findings and Recommendations - SDM Tue 03/12 4:53 PM
FINDINGS AND RECOMMENDATIONS re19 MOTION to Dismiss filed by FedEx Freight re3 Complaint filed by James Smith. Signed by Magistrate Judge Timothy J. Cavan on 3/12/2024. (JDH) Modified on 3/12/2024: conventionally mailed to plaintiff J. Smith (JDH)
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Friday, February 23, 2024
22 22 3 pgs order Order to Show Cause -SDM Fri 02/23 12:14 PM
ORDER TO SHOW CAUSE: IT IS ORDERED Plaintiff shall appear in writing on or before March 8, 2024, to show cause, if any, why this case should not be dismissed for failure to prosecute or to comply with the Courts orders pursuant to Rule 41(b). Show Cause Response due by 3/8/2024. Signed by Magistrate Judge Timothy J. Cavan on 2/23/2024. (Hard Copy mailed by USPS to Pro Se Plaintiff James Smith.) (JLE)
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Thursday, December 14, 2023
21 21 notice Notice (Other) Thu 12/14 4:18 PM
NOTICE by FedEx Freight re19 MOTION to Dismiss (Goe, Oliver)
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Friday, September 01, 2023
20 20 respm Brief/Memorandum in Support - MT Fri 09/01 9:34 AM
Brief/Memorandum in Support re19 MOTION to Dismiss filed by FedEx Freight. (Goe, Oliver)
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19 19 motion Dismiss - SDM Fri 09/01 9:33 AM
MOTION to Dismiss . Oliver H. Goe appearing for Defendant FedEx Freight. Motions referred to Timothy J. Cavan. (Goe, Oliver)
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Thursday, May 18, 2023
18 18 order Scheduling Order - SDM Thu 05/18 2:34 PM
SCHEDULING ORDER: Amended Pleadings due by 7/21/2023. Discovery due by 2/9/2024. Motions due by 3/8/2024.. Signed by Magistrate Judge Timothy J. Cavan on 5/18/2023. (See Order for additional deadlines.) (Copy of Order sent by USPS to pro se plaintiff.) (JLE)
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17 17 minutes Pretrial Conference - Interim Thu 05/18 11:49 AM
MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: Preliminary Pretrial Conference held on 5/18/2023. Order to follow. (LNA)
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16 16 notice Notice of Acknowledgment of Pro Hac Vice Order - MT Thu 05/18 9:40 AM
NOTICE of Acknowledgment of Pro Hac Vice Order by FedEx Freight (Snook, Donald)
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Monday, May 15, 2023
15 15 2 pgs order Order Withholding Consent - MT Mon 05/15 10:17 AM
ORDER WITHHOLDING CONSENT. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Susan P. Watters. The case remains REFERRED to the Honorable Timothy J. Cavan. Signed by Judge Susan P. Watters on 5/15/2023. (JDH)
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Thursday, May 11, 2023
14 14 misc Joint Discovery Plan - SDM Thu 05/11 1:35 PM
JOINT DISCOVERY PLAN by FedEx Freight. (Goe, Oliver)
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13 13 misc Preliminary Pretrial Statement - MT Thu 05/11 1:31 PM
PRELIMINARY PRETRIAL STATEMENT by FedEx Freight. (Goe, Oliver)
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Wednesday, May 10, 2023
12 12 1 pgs order Order on Motion for Leave to Appear Wed 05/10 4:46 PM
ORDER granting11 Motion for Leave to Appear Remotely. Signed by Magistrate Judge Timothy J. Cavan on 5/10/2023. (JDH)
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11 11 motion Appear Wed 05/10 12:07 PM
MOTION for Leave to Appear Remotely For Preliminary Pretrial Conference . Oliver H. Goe appearing for Defendant FedEx Freight. Motions referred to Timothy J. Cavan. (Goe, Oliver)
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Tuesday, May 09, 2023
10 10 2 pgs order Order on Motion to Appear Pro Hac Vice - MT Tue 05/09 1:08 PM
ORDER granting9 Motion Donald H. Snook to Appear Pro Hac Vice NOTE: Instructions to request Montana CM/ECF registration through PACER are found [LINK:here] . Acknowledgment of PHV Order due by 5/24/2023. Signed by Magistrate Judge Timothy J. Cavan on 5/9/2023. (JDH)
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9 9 motion Appear Pro Hac Vice - MT Tue 05/09 11:20 AM
MOTION Donald H. Snook to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3067113.). Oliver H. Goe appearing for Defendant FedEx Freight. Motions referred to Timothy J. Cavan. (Goe, Oliver)
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Att: 1 Declaration in Support of Motion For Admission Pro Hac Vice of Donald H.Snook
Friday, April 07, 2023
8 8 limited Consent to Jurisdiction by Magistrate Judge - by Party Fri 04/07 8:56 AM
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Friday, March 24, 2023
7 7 order Preliminary Pretrial Conference Order - MT Fri 03/24 10:05 AM
PRELIMINARY PRETRIAL CONFERENCE ORDER. Preliminary Pretrial Statement due by 5/11/2023. Joint Discovery Plan due by 5/11/2023. Statement of Stipulated Facts due by 5/11/2023. Preliminary Pretrial Conference set for 5/18/2023 at 11:00 AM in Billings, MT before Magistrate Judge Timothy J. Cavan. Signed by Magistrate Judge Timothy J. Cavan on 3/24/2023. (To be held in the Big Horn Courtroom and on the record.) (JDH) Modified on 3/24/2023: hard copy mailed to pro se plaintiff James Smith (JDH)
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6 6 notice Mailing of Consent - MT Fri 03/24 10:00 AM
Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 4/10/2023. (Hard copy mailed to pro se plaintiff James Smith.) (JDH)
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Thursday, March 23, 2023
5 5 answer Answer to Complaint Thu 03/23 4:13 PM
Defendant's ANSWER to3 Complaint by FedEx Freight. (Goe, Oliver)
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Friday, March 17, 2023
4 4 misc Corporate Disclosure Statement Fri 03/17 3:36 PM
Corporate Disclosure Statement by FedEx Freight. (Goe, Oliver)
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Thursday, March 16, 2023
3 3 cmp Complaint - SDM Thu 03/16 3:45 PM
COMPLAINT filed in MT 13th Judicial District Court against FedEx Freight, filed by James Smith. (JLE)
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2 2 notice Notice of State Court File Received Thu 03/16 3:43 PM
NOTICE OF STATE COURT FILE RECEIVED ( from MT 13th Judicial District Court of Yellowstone Co., case number DV 23-00194 ) (JLE)
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Att: 1 State Court File,
Att: 2 File Receipt
1 1 7 pgs notice Notice of Removal - SDM Thu 03/16 10:44 AM
NOTICE OF REMOVAL by FedEx Freight from MT 13th Judicial District Court of Yellowstone Co., case number DV 23-00194 , filed by FedEx Freight. (JLE)
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Att: 1 4 pgs Exhibit State Court Pleadings,
Att: 2 Civil Cover Sheet
misc Filing Fee Received Thu 03/16 10:45 AM
Filing fee: $ 402.00, receipt number AMTDC-3037469. (PAID IN SHELL CASE) (JLE)
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