Defendant's Attorney: Colin Finnegan and Shelley Ericsson

Description: Kansas City, Kansan civil rights lawyers represented the Plaintiff who sued the Defendant on a job discrimination theory.

Plaintiff Kevin Stewart brings this action against his employer, United Parcel Service, Inc., alleging claims under Title VII of the Civil Rights Act of 1964 for race discrimination, harassment and hostile work environment, and retaliation, as well as a claim under § 301 of the Labor Management Relations Act (“LMRA”) that Defendant and his Union breached obligations under his collective bargaining agreement (“CBA”).

Outcome: 07/20/2023 133 MEMORANDUM AND ORDER granting 123 Motion for Summary Judgment. To the extent that Plaintiff's claims are preempted by the Garmon doctrine, they are dismissed without prejudice. To the extent that Plaintiff's claims are not preempted by the Garmon doctrine, and the Court addressed them substantively, they are dismissed with prejudice. Signed by District Judge Julie A. Robinson on July 20, 2023. (mls) (Entered: 07/20/2023)
07/20/2023 134 JUDGMENT: Defendant's Motion for Summary Judgment (Doc. 123) is granted. To the extent that Plaintiff's claims are preempted by the Garmon doctrine, they are dismissed without prejudice. To the extent that Plaintiff's claims are not preempted by the Garmon doctrine, and the Court addressed them substantively, they are dismissed with prejudice. Signed by deputy clerk on July 20, 2023. (mls) (Entered: 07/20/2023)
08/03/2023 135 MOTION for Attorney Fees Defendant's Motion for Award of Attorneys' Fees and Related Nontaxable Expenses Against Plaintiff by Defendant United Parcel Services, Inc. (Ericsson, Shelley) (Entered: 08/03/2023)
08/21/2023 136 ENTRY OF APPEARANCE by Jonathan Sternberg on behalf of Kevin R. Stewart (Sternberg, Jonathan) (Entered: 08/21/2023)
08/21/2023 137 NOTICE OF APPEAL as to 134 Judgment, 133 Order on Motion for Summary Judgment, by Plaintiff Kevin R. Stewart. Filing fee $505, Internet Payment Receipt Number AKSDC-6135114. (Sternberg, Jonathan) (Entered: 08/21/2023)
08/22/2023 138 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 137 Notice of Appeal - Final Judgment. (Attachments: # 1 Preliminary Packet)(sz) (Entered: 08/22/2023)
08/22/2023 139 APPEAL DOCKETED in 10CCA on 8/22/2023 and assigned Appeal No. 23-3149 re 137 Notice of Appeal - Final Judgment filed by Kevin R. Stewart. (sz) (Entered: 08/22/2023)
08/23/2023 140 RESPONSE by Plaintiff Kevin R. Stewart re 135 Motion for Attorney Fees (Robertson, Katrina) (Entered: 08/23/2023)
09/01/2023 141 UNOPPOSED MOTION to Extend Deadline for Filing Memorandum in Support of Attorneys' Fees by Defendant United Parcel Services, Inc. (Finnegan, Colin) (Entered: 09/01/2023)
09/05/2023 142 ORDER granting 141 Defendant's Unopposed Motion for Extension of Time to File Statement of Consultation and Memo in Support. The deadline is extended to 9/7/23. Signed by District Judge Julie A. Robinson on 9/5/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) (Entered: 09/05/2023)
09/05/2023 143 TRANSCRIPT ORDER FORM: No Transcript Required filed by Kevin R. Stewart re 137 Notice of Appeal. (Sternberg, Jonathan) (Entered: 09/05/2023)
09/06/2023 144 LETTER TO 10CCA stating record is complete re 137 Notice of Appeal - Final Judgment ( Appeal No. 23-03149) (sz) (Entered: 09/06/2023)
09/07/2023 145 Joint MOTION for extension of time Joint Motion to Extend Deadline for Filing Memorandum in Support of Attorneys' Fees by Defendant United Parcel Services, Inc. (Finnegan, Colin) (Entered: 09/07/2023)
09/07/2023 146 ORDER granting 145 Joint Motion for Extension of Time to File Memorandum in Support of Attorney's fees. Memorandum in Support due 9/13/23. Signed by District Judge Julie A. Robinson on 9/7/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) (Entered: 09/07/2023)
09/11/2023 147 MOTION to Withdraw as Attorney by Plaintiff Kevin R. Stewart. (Robertson, Katrina) (Entered: 09/11/2023)
09/11/2023 148 ORDER denying 147 Motion to Withdraw as Attorney. Counsel has not fully complied with D. Kan. Rule 83.5.5, and thus the Court denies counsel's motion without prejudice to refiling. Counsel's motion has not provided the court with a telephone number for her client pursuant to 83.5.5(a)(1)(C), and she has not complied with the proof required in 83.5.5(a)(4)(A)-(B). Once counsel fully complies with this rule and re-files her motion, she will also need to provide the Court with a proposed order. Signed by District Judge Julie A. Robinson on 9/11/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) (Entered: 09/11/2023)
09/11/2023 149 AMENDED MOTION to Withdraw as Attorney by Plaintiff Kevin R. Stewart. (Attachments: # 1 Exhibit 1 - Certified Receipt, # 2 Exhibit 2 - Affidavit)(Robertson, Katrina) (Entered: 09/11/2023)

Plaintiff's Experts:

Defendant's Experts:

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