No. 18-1450

Horacio Sequeira v. Gate Safe, Inc., et al.

Lower Court: Eleventh Circuit
Docketed: 2019-05-21
Status: Denied
Type: Paid
Response Waived
Tags: ada-amendments-act-2008 americans-with-disabilities-act civil-procedure due-process eeoc employment employment-discrimination false-statement medical-restrictions procedural-rules scheduling-order summary-judgment
Key Terms:
Arbitration ERISA Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a request to amend a complaint and to modify a scheduling order should be granted whenever a plaintiff complies with Fed. R. Civ. P.15 (c) (1); 15(a)(2) AND 16(b)

Question Presented (from Petition)

QUESTION PRESENTED Federal law prohibits FALSE STATEMENT IN COURT against Americans with Disabilities Act incumbent in potential companies that force to work under medical restrictions and is necessary to secure and maintain uniformity of decisions in this Court: Lowe v. Alabama ‘Power, 244 F.3d 1305, 1308 (11th Cir. 2001); D'Angelo v. Conagra Foods, 422 F.3d 1220, 1234 (11th Cir. 2005); Vessels v. Atlanta Independent School System, 408 F.3d 763, 769 (11th Cir. 2005); Murphy v. UPS, 527 U.S. 516, 522-523 (U.S. 1999)...Whether a request to amend a complaint and to modify a scheduling order should be granted whenever a plaintiff complies with Fed. R. Civ. P.15 (c) (1); 15(a)(2) AND 16(b). Whether the issue of fact in dispute concerning Medical restrictions and EEOC’s letter were ignored and misinterpreted by District court ' Order?Whether a qualified individual under the Americans with Disabilities Act of 1990 and amendments Act of 2008, (“ADA”) — courts must accept, in the face of a certification by the medical examiner, the employer’s false statement filed by defendant stated that the as notunder ‘current medical restriction or clinical diagnosis in right foot,’ or whether, in an ADA case, the employer's determination is subject to dispute and determination by the finder of fact. Whether a false Statement filed by defendants in a motion for summary judgment stated that Mr. Sequeira had reach the maximum medical improvement because was cleared by Dr. Thus he was forced to work in violation of medical restrictions it should be ignored by District Court (as the Eleventh Circuit has : held). (i)

Docket Entries

2019-10-07
Petition DENIED.
2019-06-26
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent American Airlines, Inc. to respond filed.
2019-06-03
Waiver of right of respondents Gate Safe, Inc. and Gate Group U.S. Holding, Inc. to respond filed.
2019-05-08
Petition for a writ of certiorari filed. (Response due June 20, 2019)

Attorneys

American Airlines, Inc.
Candy L. MessersmithRumberger, Kirk & Caldwell, PA, Respondent
Candy L. MessersmithRumberger, Kirk & Caldwell, PA, Respondent
Gate Safe, Inc. and Gate Group U.S. Holding, Inc.
Miguel A. MorelLittler Mendelson, P.C., Respondent
Miguel A. MorelLittler Mendelson, P.C., Respondent
Horacio Sequeira
Horacio Sequeira — Petitioner
Horacio Sequeira — Petitioner