True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re 35 Notice of Appeal (USCA# 18-4251). Date issued as mandate 7/16/19, Costs: None (H,SP)
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the Order (non-document) of 12/12/2018, filed by BA6F4D2. Filing fee paid 12/19/18, receipt# 54660006853. (Attachments: # 1 Exhibit D EEOC Dismissal and Notice of Rights) (O,K)
Copy of Notice of Electronic Filing from 12/12/2018 Non-Document Order mailed on 12/12/2018 to: BA6F4D2, #589, 1970 N. Cleveland-Massillon Rd., Bath, OH 44210. (P,J)
Filed: 12/12/2018, Entered: 12/12/2018
Order [non-document]: The Court construes plaintiff's pro se filing (Doc. No. 33 ) as a request for reconsideration of its decisions dismissing plaintiff's complaint and first amended complaint. For all of the reasons set forth in its memorandum opinions, the motion is denied. (See Doc. Nos. 26 , 32 ; see also Doc. No. 25 .) Judge Sara Lioi on 12/12/2018.(P,J)
Judgment Entry: For the reasons set forth in the contemporaneously filed Memorandum Opinion, the motion of defendant United Airlines, Inc. to dismiss the amended complaint of plaintiff BA6F4D2 (Doc. No. 28 ) is granted. This case is closed. (Related Doc. No. 31 ). Judge Sara Lioi on 11/20/2018. (P,J)
Memorandum Opinion and Order: Defendant United's motion to dismiss the first amended complaint (Doc. No. 28 ) is granted. This case is closed. Judge Sara Lioi on 11/20/2018. (P,J)
Copy of Notice of Electronic Filing from 9/5/2018 Non-Document Order mailed on 9/6/2018 to: BA6F4D2, #589, 1970 N. Cleveland-Massillon Rd., Bath, OH 44210. (P,J)
Filed: 9/5/2018, Entered: 9/5/2018
Order [non-document]: Plaintiff has sought leave to file records that she represents involved hearings before the Ohio Industrial Commission that occurred after the filing of this present federal action. (Doc. No. 29 .) The motion is denied. On March 29, 2018, defendants filed a renewed motion to dismiss (Doc. No. 28 ) and briefing on that motion is now closed. The Court will issue a ruling on defendants' motion in due course. Judge Sara Lioi on 9/5/2018.(P,J)
Motion to dismiss plaintiff's amended complaint for failure to state a claim, with memorandum in support, filed by Defendant United Airlines, Inc. Related document(s) 27 . (Huffman, Heather)
Memorandum Opinion and Order: The Court finds that the filings referenced by United in its motion to strike (Doc. No. 24 ) do not represent proper responses to defendants' dispositive motion. Accordingly, and to the extent that BA6F4D2 extraneous filings have not been already stricken from the docket by the Court's November 15, 2017 order, the Court grants United's motion to strike. For all of the foregoing reasons, defendants' motion to dismiss (Doc. No. 8 ) is granted. Because the Court has found that BA6F4D2 complaint fails to state a cause of action for a failure to accommodate, but has elected to permit BA6F4D2 to amend her complaint, the Court denies defendants' alternative motion for a more definite statement. BA6F4D2 claims for a violation of 49 U.S.C. Section 5124, age discrimination, and retaliation, as well as any and all claims against the individual defendants, are dismissed with prejudice. BA6F4D2 claim for failure to accommodate a disability under the Americans with Disabilities Act against United is also dismissed, with leave to amend. BA6F4D2 is afforded 30 days from the date of this memorandum opinion and order in which to file an amended complaint raising a claim against United for failure to accommodate a disability under the Americans with Disabilities Act. Should BA6F4D2 fail to timely file a fully compliant amended complaint within 30 days of this ruling, the Court will enter judgment in United's favor as to the Americans with Disabilities Act claim as well, and close this case. Judge Sara Lioi on 2/15/2018. (P,J)
Order: The Court has reviewed plaintiff's extraneous filings, and finds that they do not represent proper responses to defendants' motion to dismiss. (Doc. No. 8 .) Further, the Court notes that plaintiff has filed a timely response to defendants' dispositive motion, and briefing on that motion is now closed. Defendant United Airline's motions (Doc. Nos. 13 , 15 , and 18 ) to strike Doc. Nos. 11 , 14 , 16 , and 17 are granted. For the same reasons, the Court sua sponte strikes Doc. Nos. 19 , 20 , 21 , and 22 . The Court shall rule on defendants' motion to dismiss in due course. Should the Court require additional briefing or other material from the parties, it will request it. In the event that any portion of plaintiff's case survives the motion to dismiss, the Court will schedule this matter for a case management conference. In the interim, plaintiff is directed to cease filing further extraneous matters on the docket without leave of Court and is warned that failure to follow this directive may result in sanctions up to and including dismissal of this action. Judge Sara Lioi on 11/15/2017.(P,J)
Motion to strike Additional Extraneous Material From the Record and for an Order Directing Plaintiff to Refrain From Further Filing of Extraneous Material filed by Defendant United Airlines, Inc.. (Huffman, Heather)
STRICKEN: See Order on 2/15/2018 - Notice: Plaintiff respectfully submitting: 1.) Respectful phone call made November 13, 2017, with an inquiry to Akron, Ohio Industrial Commission, for the Aircraft Cabin Cleaning and Air Freshening Products/Work Injury Claims: #15-859117, #15-863145 and #15-863147. Date of Injuries: 11/27, 11/28, and 12/20/2015. Respectfully requesting work injuries be heard at the district level, within the 2 year statutory time frame. Respectfully, a request will be made for the hearing to be court reported and of public record, for insight, clarity and understanding. Respectfully, there are still products presently with non-disclosure of ingredients in air fresheners/safety health hazard rating level on product label, being used inside the aircraft cabin, filed by BA6F4D2. (D,JJ) Modified text to mark stricken on 3/2/2018 (T,Je).
STRICKEN 11/15/2017: Notice: Plaintiff respectfully submitting 1.) Respectful emails to my inflight management, requesting a copy of my entire personal file, beginning with date of hire 8/13/1998. As per my union: the Association of Flight Attendants, I believe flight attendants are entitled to a copy of their personal file. A first respectful request was made for information in my personal file before complaint filed 7/7/2017. In specific, 2/24/2016, CPR work injury emails, respectfully requesting my entire personal file, for complete transparency to the matters of my case, filed by BA6F4D2. (Attachments: # 1 Email exchanges). (D,JJ)
STRICKEN 11/15/2017: Exhibits filed by BA6F4D2. (Attachments: # 1 Letter from defense counsel regarding medical and personal files, # 2 Response to defense counsel regarding missing information in medical file, # 3 Manually filed CD containing medical information, # 4 Manually filed original USB drive containing past work injury claims (and CD containing copy of same)). 2 CDs and USB placed in file in Clerk's Office.(S,HR)
STRICKEN 11/15/2017: Plaintiff respectfully submitting Equal Employment Opportunity Commission's response letter regarding my freedom of information act appeal for redacted and withheld information in my EEOC Administrative files, is dated October 6, 2017, and again, denied. Respectfully, is this obstruction of Justice, seeking the truth, the whole truth and nothing but the truth? With respect, I believe a total of 12 pages are being withheld as to the matter and transparency of my case, filed by BA6F4D2. (Attachments: # 1 Letter from U.S. Equal Employment Opportunity Commission dated October 6, 2017). (D,JJ)
STRICKEN 11/15/2017: Plaintiff respectfully submitting (1) Equal Employment Opportunity Commission's response letter regarding the Freedom of Information Act Appeal for Redacted Information, extended due to unusual circumstances till October 6, 2017; (2) Occupational Safety and Health Administration's Copy of Plaintiff's Correspondence Letter written for our Honored Present President; (3) Irregular Operations Report dated September 22, 2017; and(4) Emails requesting a Hard copy of my personal and medical files with defendant. Request denied, instead both files were sent to parties responding to complaint, filed by BA6F4D2. (Attachments: # 1 Letter from U.S. Equal Employment Opportunity Commission dated September 20, 2017, # 2 Correspondence from Plaintiff dated April 20, 2017, # 3 Irregular Operations Report dated September 23, 2017, # 4 Email exchange dated September 25, 2017). (D,JJ)
Motion to strike Additional Extraneous Material from the Record and for an Order Directing Plaintiff to Refrain from Further Filing of Extraneous Material filed by Defendant United Airlines, Inc.. Related document(s) 11 , 17 , 14 , 16 . (Huffman, Heather)
STRICKEN 11/15/2017: Plaintiff respectfully submitting (1) Email correspondence letter of concern, with former President's letter of response; (2) OSHA's written communication letter with email correspondence; and (3) respectfully requesting my correspondence letter with our present President, from OSHA, awaiting the letter from OSHA to respectfully submit filed by BA6F4D2. (Attachments: # 1 Correspondence dated July 12, 2016, # 2 Correspondence dated February 2, 2016, # 3 Correspondence dated August 17, 2017). (D,JJ)
STRICKEN 11/15/2017: Plaintiff respectfully submitting Equal Employment Opportunity Commission's response to Appeal Letter requesting redacted FOIA Information filed by BA6F4D2. (Attachments: # 1 Letter from U.S. Equal Employment Opportunity Commission dated August 29, 2017). (D,JJ)
STRICKEN 11/15/2017: Plaintiff Respectfully Submitting (1) Short List of 79 Irregular Operation Reports Since 2014, including Defendants' Validation and Answers to Reports (Reference Complaint 07/07/17: Exhibit H) (2) Respectful Response to Answer. Related Doc(s) 1 , filed by BA6F4D2. (Attachments: # 1 Irregular Operation Reports). Modified text and regenerated electronic notification on 8/30/2017 (D,JJ).
Reply in support of 8 Motion to Dismiss Complaint for Failure to State a Claim or, in the Alternative, Motion for More Definite Statement filed by All Defendants. (Stevens, Natalie)
Opposition to 8 Motion to Dismiss Complaint for Failure to State a Claim or, in the Alternative, Motion for More Definite Statement filed by BA6F4D2. (D,JJ)
Motion to Dismiss Complaint for Failure to State a Claim or, in the Alternative, Motion for More Definite Statement filed by 90F4F35, 5D5A9D8, B455162, 8548A28, F06B959, 29D7AB6, 20176A3, C78E6B2, United Airlines, Inc. Related document(s) 1 . (Stevens, Natalie). Modified to add motion part (motion for more definite statement) on 8/4/2017 (T,Je).
Copy of 7 Return of Service Executed mailed to BA6F4D2, #589, 1970 N. Cleveland-Massillon Rd., Bath, OH 44210 on 7/28/2017. Related document(s) 7 . (D,JJ)
Return of Service by Clerk by certified mail executed upon 20176A3 on 7/13/2017; United Airlines, Inc. on 7/13/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of BA6F4D2. Related document(s) 2 . (D,JJ)
Copy of 5 Return of Service Executed, and 4 Return of Service Executed mailed to BA6F4D2, #589, 1970 N. Cleveland-Massillon Rd., Bath, OH 44210 on 7/20/2017. (D,JJ)
Return of Service by Clerk by certified mail executed upon 5D5A9D8 on 7/13/2017; 8548A28 on 7/13/2017; and F06B959 on 7/13/2017, no delivery date on green cards, dates obtained from U.S. Postal Service website, filed on behalf of BA6F4D2. Related document(s) 2 . (D,JJ)
Copy of 3 Return of Service Executed mailed to BA6F4D2, #589, 1970 N. Cleveland-Massillon Rd., Bath, OH 44210 on 7/17/2017. Related document(s) 3 . (D,JJ)
Return of Service by Clerk by certified mail executed upon 90F4F35 on 7/12/2017; 29D7AB6 on 7/12/2017, filed on behalf of BA6F4D2. Related document(s) 2 . (D,JJ)
Original Summons and Magistrate Consent Form issued to plaintiff at counter for service upon 90F4F35, 5D5A9D8, B455162, 8548A28, F06B959, 29D7AB6, 20176A3, C78E6B2, United Airlines, Inc. (M,TL)
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL)
Complaint against all Defendants. Filing fee paid, $400.00, receipt # 54660006281, filed by BA6F4D2. (Attachments: # 1 Civil Cover Sheet, # 2 Index, # 3 Exhibit B - Book - "America the Jury", # 4 Exhibit C - DVD, # 5 Exhibit D - EEOC Letters, # 6 Exhibit E - Emails, # 7 Exhibit F - Letters, # 8 Exhibit G - Work Injury Claims, # 9 Exhibit H - Irregular Operations Reports, # 10 Health & Wages Overview). DVD and complete book on file in Clerk's Office. (M,TL)
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