Wagner v. FedEx Freight, Inc.

Federal Civil Lawsuit Texas Northern District Court, Case No. 5:17-cv-00264
District Judge Barbara M. G. Lynn, presiding
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District Judge Barbara M. G. Lynn
Last Updated July 29, 2025 at 6:46 PM EDT (11.9 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [568EE7F], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Delaney Crocker Piercy

Represented by Glasheen, Valles & DeHoyos, LLP

Name Phone Fax E-Mail
Space Chad Inderman efile.inderman@gvilaw.com

Represented by Glasheen, Valles & Inderman, LLP

Name Phone Fax E-Mail
Space Delaney Crocker Piercy efile.laney.crocker@gvilaw.com

Represented by Law Offices of Kevin Glasheen

Name Phone Fax E-Mail
Space Kevin T. Glasheen +1 806 741 0284 + 806 763 2146 kevin7@glasheenlaw.com
No Logo Anonymized Party [C9C422A], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kevin T Glasheen
Space Chad Inderman
Space Delaney Crocker Piercy
v.
FedEx Freight, Inc. FedEx Freight, Inc., Defendant

Represented by Bustos Law Firm PC

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com

Represented by Law Offices of Fernando M. Bustos, PC

Name Phone Fax E-Mail
Space Matthew Nephi Zimmerman +1 806 780 3976 +1 806 780 3800 mzimmerman@bustoslawfirm.com

Represented by McAfee & Taft

Name Phone Fax E-Mail
Space Roberta Fields +1 405 235 9621 +1 405 235 0439 roberta.fields@mcafeetaft.com
Space William Suttle Leach +1 918 574 3063 +1 918 574 3163 bill.leach@mcafeetaft.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit Torts/Pers Inj: Other Personal Injury
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Monetary Demand $999,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 36 Filed: 10/30/2018, Entered: 10/30/2018
STIPULATION OF DISMISSAL With Prejudice by C9C422A, 568EE7F. (Inderman, Chad)
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Blank  Filed: 10/30/2018, Entered: 10/30/2018
Civil Case Terminated. (bdg)
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Legal Document (Payment Possibly Required) 35 Filed: 10/29/2018, Entered: 10/29/2018
STIPULATION OF DISMISSAL With Prejudice by C9C422A, 568EE7F. (Attachments: # 1 Proposed Order Order on Stipulation of Dismissal) (Inderman, Chad)
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Legal Document (Payment Possibly Required) 34 Filed: 10/16/2018, Entered: 10/16/2018 Court Filing
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 30 MOTION to Dismiss filed by FedEx Freight, Inc. The undersigned issues the following findings of fact and conclusions of law, and RECOMMENDS that the United States District Court conditionally grant Plaintiffs' motion for the reasons explained. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/16/2018) (zzm) Modified text on 10/16/2018 (zzm).
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Legal Document (Payment Possibly Required) 33 Filed: 8/23/2018, Entered: 8/23/2018
REPLY and Brief in Support filed by C9C422A re: 30 MOTION to Dismiss (Attachments: # 1 Appendix in Support) (Crocker, Shannon) Modified text on 8/24/2018 (bdg).
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Legal Document (Payment Possibly Required) 32 Filed: 8/9/2018, Entered: 8/9/2018
Appendix in Support filed by FedEx Freight, Inc. re 31 Response/Objection (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 31 Filed: 8/9/2018, Entered: 8/9/2018
RESPONSE filed by FedEx Freight, Inc. re: 30 MOTION to Dismiss and Brief in Support. (Bustos, Fernando) Modified text on 8/10/2018 (bdg).
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Legal Document (Payment Possibly Required) 30 Filed: 7/19/2018, Entered: 7/19/2018
MOTION to Dismiss filed by C9C422A, 568EE7F with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Crocker, Shannon)
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Legal Document (Payment Possibly Required) 29 Filed: 6/13/2018, Entered: 6/13/2018 Court Filing
AMENDED SCHEDULING ORDER: Trial: The parties shall be ready for trial by June 24, 2019. This is not a trial setting. This case will be set for trial by later order of the court. All discovery must be initiated in time to be completed by January 14, 2019. Dispositive Motions: All dispositive motions, including motions for summary judgment, must be filed, with supporting briefs, by January 21, 2019. No party may file more than one motion for summary judgment without leave of court. See N.D. Tex. L. Civ. R. 56.2(b). Motions Not Otherwise Covered: A party must file a motion not otherwise covered by this order no later than February 25, 2019. This deadline does not apply to motions in limine. Mediation The parties shall jointly select a mediator and mediate on or before April 1, 2019. Pretrial Disclosures and Objections: Parties must make the disclosures required by Rule 26(a)(3)(A)(i)-(iii) of the Federal Rules of Civil Procedure by May 22, 2019. Deadlines will "not be extended except upon good cause shown and by order of the Court." (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/13/2018) (bmg)
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Legal Document (Payment Possibly Required) 28 Filed: 6/12/2018, Entered: 6/12/2018 Court Filing
ORDER granting 16 Motion Modify Scheduling Order; Denying 17 Motion for Discovery. Plaintiffs shall file any motion to join other parties and amend pleadings by July 12, 2018. In consideration of this extension, all other deadlines in the scheduling order shall also be extended by thirty (30) days. The court will enter an amended scheduling order setting forth such deadlines by separate order.Plaintiffs shall serve complete responses, without objections, to Defendant's discovery requests no later than June 26, 2018. As to each answer or response, Plaintiffs should make clear whether any new information or tangible items are being provided based on the lack of an objection. This order does not cover any items already identified as privileged in the privilege log produced by Plaintiffs; however, Defendant may challenge any such designation through an appropriate motion and as provided in paragraph 4(b) of the Rule 16 Scheduling Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/12/2018) (bmg)
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Legal Document (Payment Possibly Required) 27 Filed: 6/12/2018, Entered: 6/12/2018 Court Filing
Minute Entry for proceedings held before Magistrate Judge D. Gordon Bryant, Jr: Motion Hearing held on 6/12/2018. Motion Hearing- Non Evidentiary Plaintiff's Motion to Modify Scheduling Order 16 is granted for reasons stated on the record. Plaintiff's Request for Discovery Conference is denied for reasons stated on the record. Attorney Appearances: Plaintiff - Shannon Crocker; Defense - Matthew Zimmerman. (Court Reporter: Digital File) (No exhibits) Time in Court - :51. (bmg)
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Legal Document (Payment Possibly Required) 26 Filed: 6/8/2018, Entered: 6/8/2018
Plaintiffs' Responses to Defendant's Discovery Requests to 21 Response by Defendant FedEx Freight, Inc.. (Bustos, Fernando) Modified text on 6/8/2018 (bdg).
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Legal Document (Payment Possibly Required) 25 Filed: 6/7/2018, Entered: 6/7/2018
Appendix to Plaintiffs' Request for a Discovery Conference Prior to Moving the Court to Enter an Order Relating to Discovery re: 17 Motion for Discovery by Plaintiffs C9C422A, 568EE7F. (Crocker, Shannon) Modified text on 6/7/2018 (bdg).
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Legal Document (Payment Possibly Required) 24 Filed: 6/6/2018, Entered: 6/6/2018
NOTICE of Attorney Appearance by Fernando M Bustos for Matthew N. Zimmerman on behalf of FedEx Freight, Inc.. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 23 Filed: 6/5/2018, Entered: 6/5/2018 Court Filing
ORDER: In accordance with Local Rule 5.2(3) of the Northern District of Texas, Plaintiffs shall file copies of the interrogatories and requests for production in dispute in this matter (and referenced in their motion requesting a hearing (ECF No. 17)) no later than Thursday, June 7, 2018. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/5/2018) (bmg)
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Blank  Filed: 6/5/2018, Entered: 6/5/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Tue Jun 5 09:33:52 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 22 Filed: 6/5/2018, Entered: 6/5/2018 Court Filing
ORDER: The Court sets a hearing for 6/12/2018 02:00 PM in US Courthouse, Courtroom 214, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Magistrate Judge D. Gordon Bryant Jr. on Plaintiffs' 16 MOTION to Modify Scheduling Order and Request for a Discovery Conference provided that a young lawyer handles the argument for each side. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/5/2018) (bdg)
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Legal Document (Payment Possibly Required) 21 Filed: 5/30/2018, Entered: 5/30/2018
RESPONSE filed by FedEx Freight, Inc. re: 17 MOTION for Discovery Conference (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 20 Filed: 5/30/2018, Entered: 5/30/2018
Appendix in Support filed by FedEx Freight, Inc. re 19 Response/Objection to Plaintiffs' Motion to Modify the Scheduling Order (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 19 Filed: 5/30/2018, Entered: 5/30/2018
RESPONSE filed by FedEx Freight, Inc. re: 16 MOTION Modify Scheduling Order (Bustos, Fernando)
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Blank  Filed: 5/16/2018, Entered: 5/16/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Wed May 16 16:06:18 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 18 Filed: 5/16/2018, Entered: 5/16/2018 Court Filing
ORDER: It is ORDERED that Defendant shall file any response to Plaintiffs' motions (ECF Nos. 16 and 17 ) no later than May 30, 2018. The court will not entertain any reply to Defendant's responses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 5/16/2018) (bmg)
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Legal Document (Payment Possibly Required) 17 Filed: 5/15/2018, Entered: 5/15/2018
MOTION for Discovery Conference filed by C9C422A, 568EE7F (Crocker, Shannon)
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Legal Document (Payment Possibly Required) 16 Filed: 5/15/2018, Entered: 5/15/2018
MOTION Modify Scheduling Order filed by C9C422A, 568EE7F with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Proposed Order)Attorney Shannon Delaney Crocker added to party C9C422A(pty:pla), Attorney Shannon Delaney Crocker added to party 568EE7F(pty:pla) (Crocker, Shannon)
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Blank  Filed: 5/11/2018, Entered: 5/11/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Fri May 11 11:06:55 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 15 Filed: 5/11/2018, Entered: 5/11/2018 Court Filing
Order Accepting Findings and Recommendations re: 11 Findings and Recommendations on re: 8 Motion to Remand to State Court, filed by C9C422A, 568EE7F. The Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, and Plaintiffs Motion to Remand (ECF No. 8) is DENIED. (Ordered by Chief Judge Barbara M.G. Lynn on 5/11/2018) (bmg)
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Legal Document (Payment Possibly Required) 14 Filed: 5/1/2018, Entered: 5/1/2018
OBJECTION to 11 Findings and Recommendations . (Crocker, Shannon)
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Legal Document (Payment Possibly Required) 13 Filed: 5/1/2018, Entered: 5/1/2018
NOTICE of Attorney Appearance by Chad Inderman for Shannon Delaney Crocker on behalf of C9C422A, 568EE7F. (Inderman, Chad)
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Legal Document (Payment Possibly Required) 12 Filed: 4/18/2018, Entered: 4/18/2018
NOTICE of Attorney Appearance by William Suttle Leach on behalf of FedEx Freight, Inc.. (Filer confirms contact info in ECF is current.) (Leach, William)
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Legal Document (Payment Possibly Required) 11 Filed: 4/17/2018, Entered: 4/17/2018 Court Filing
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on re: 8 Motion to Remand to State Court, filed by C9C422A, 568EE7F. For the foregoing reasons, the undersigned RECOMMENDS that the United States District Court DENY Plaintiffs' Motion to Remand (ECF No. 8). (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/17/2018) (bmg)
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Legal Document (Payment Possibly Required) 10 Filed: 1/22/2018, Entered: 1/22/2018
REPLY filed by C9C422A, 568EE7F re: 8 MOTION to Remand to State Court (Inderman, Chad)
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Legal Document (Payment Possibly Required) 9 Filed: 1/8/2018, Entered: 1/8/2018
RESPONSE filed by FedEx Freight, Inc. re: 8 MOTION to Remand to State Court (Attachments: # 1 Appendix) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 8 Filed: 12/19/2017, Entered: 12/19/2017
MOTION to Remand to State Court filed by C9C422A, 568EE7F with Brief/Memorandum in Support. (Attachments: # 1 Appendix in Support of Motion to Remand, # 2 Proposed Order Order Granting Motion to Remand)Attorney Chad Inderman added to party C9C422A(pty:pla), Attorney Chad Inderman added to party 568EE7F(pty:pla) (Inderman, Chad)
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Legal Document (Payment Possibly Required) 7 Filed: 12/7/2017, Entered: 12/8/2017 Court Filing
INITIAL SCHEDULING ORDER: Amended Pleadings due by 4/20/2018. Discovery due by 12/14/2018. Joinder of Parties due by 4/20/2018. Dispositive Motions due by 12/21/2018. The court will set a specific trial date by separate order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 12/7/2017) (bmg)
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Legal Document (Payment Possibly Required) 6 Filed: 11/29/2017, Entered: 11/29/2017
NOTICE of Attorney Appearance by Roberta Fields on behalf of FedEx Freight, Inc.. (Filer confirms contact info in ECF is current.) (Fields, Roberta)
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Legal Document (Payment Possibly Required) 5 Filed: 11/21/2017, Entered: 11/21/2017 Court Filing
STANDING ORDER OF REFERENCE AND NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE. This case is hereby referred to United States Magistrate Judge D. Gordon Bryant, Jr. for pretrial management. (Ordered by Chief Judge Barbara M.G. Lynn on 11/21/2017) (zzm)
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Legal Document (Payment Possibly Required) 4 Filed: 11/21/2017, Entered: 11/21/2017 Court Filing
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Bryant). Clerk to provide copy to plaintiff if not received electronically. (bdg)
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Legal Document (Payment Possibly Required) 3 Filed: 11/20/2017, Entered: 11/20/2017
ADDITIONAL ATTACHMENTS to 1 Notice of Removal by Defendant FedEx Freight, Inc.. (Attachments: # 1 Cover Sheet Supplement) (Bustos, Fernando) Modified text on 11/21/2017 (bdg).
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Legal Document (Payment Possibly Required) 2 Filed: 11/20/2017, Entered: 11/20/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by FedEx Freight, Inc. identifying Corporate Parent/Other Affiliate FedEx Corporation, Corporate Parent/Other Affiliate FedEx Freight Corporation for FedEx Freight, Inc.. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 1 Filed: 11/20/2017, Entered: 11/20/2017 Court Filing
NOTICE OF REMOVAL from 72nd District Court, Lubbock County, case number 2017527918 filed by FedEx Freight, Inc.. (Filing fee $400; receipt number 0539-8813743) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Appendix) (Bustos, Fernando)
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