Federal Magistrate Judge Theresa Carroll Buchanan And Defendant FedEx Ground Package System, Inc. Wi
On May 17, 2016, I filed a federal lawsuit against FedEx Ground Package System, Inc. ("FedEx Ground") in the United States District Court, Eastern District of Virginia, Alexandria Division. My case (Civil Action No. 1:16-CV-547) is assigned to Federal District Judge James C. Cacheris (“Judge Cacheris”) and Federal Magistrate Judge Theresa Carroll Buchanan (“Judge Buchanan”).
I am representing myself.
FedEx Ground is represented by its in-house Senior Attorney Mitchell S. Bober (“Attorney Bober”) and the law firm of BRIGLIAHUNDLEY, P.C. which includes Attorney Nicholas V. Cumings (“Attorney Cumings”) and Attorney Amy S. Owen (“Attorney Owen”). BRIGLIAHUNDLEY, P.C. is located in Tysons Corner, Virginia.
Judge Buchanan is one of those judges that abhor pro se litigants.
In my lawsuit, I allege that FedEx Ground had committed sex discrimination and retaliation against me in violation of Title VII when I was employed by FedEx Ground as a Package Handler.
I absolutely loved my job at FedEx Ground, and I was proud to be a FedEx Ground employee. I was extremely dedicated. I ALWAYS worked very hard, and I was ALWAYS willing to stay past my shift to help ensure that OUR customers receive the “above and beyond” service that FedEx Ground was known to deliver. My managers took note, and as a result described me as an ENTHUSIASTIC employee that was easy to work with and someone they could depend on.
Even though my shift was 4 AM to 8 AM, Tuesday thru Saturday, with a smile on my face I arrived to work ON TIME and EVERY. I was never late to work and I never missed a day of work. Some of my co-workers asked me how could I come to work with a smile on my face so early in the morning.
Although FedEx Ground admitted in its Answer that during my employment members of its management team believed that I had an enthusiastic attitude and was easy to work with, FedEx Ground suspended me then terminated me for alleged workplace violence that allegedly, occurred on June 30, 2015 conveniently a week after I had reported on FedEx Ground’s Alert RESPECT hotline that FedEx Ground’s management team had committed sex discrimination against me.
As I did at the time when accused by FedEx Ground, I categorically denied in my Complaint that I had committed workplace violence.
In its Answer, FedEx Ground denied my allegations that it had committed sex discrimination and retaliation against me.
Fortunate for me there are two video footages of the alleged workplace violence and an accompanied audiotaped interview of a FedEx Ground security employee and I discussing said two video footages while we reviewed them. Without a doubt the two video footages of the alleged workplace violence and the audiotaped interview and discussion are vastly damaging to FedEx Ground.
Unfortunate for me is Judge Buchanan’s willful assistance to help FedEx Ground hide these discovery evidences from me.
FedEx Ground and I have agreed that these evidences exist.
FedEx Ground has admitted in its Answer that its security employee did in fact show me the two video footages of the alleged workplace violence while in an audiotaped interview and discussion as FedEx Ground's proof to me that I had committed the alleged workplace violence and how I had committed said alleged workplace violence before FedEx Ground had suspended then terminated me for the alleged workplace violence.
FedEx Ground also has admitted in its Answer that said security employee had audiotaped the interview and a discussion between said security employee and I about the contents of the two video footages of the alleged workplace violence.
Apparently, FedEx Ground’s management team neglected to run the two video footages of the alleged workplace violence by its legal department before showing them to me.
The two video footages of the alleged workplace violence and the accompanied audiotaped interview and discussion are clearly inculpatory and exculpatory evidences favorable to me.
They are inculpatory because they unmistakably confirm my allegation that FedEx Ground illegally retaliated against me by unjustly subjecting me to a false allegation of workplace violence which led to my unjust suspension and subsequent unjust termination solely because of my sex discrimination complaint.
They are exculpatory because they confirm without a doubt that I did not commit workplace violence as alleged by FedEx Ground.
Consequently, it comes as no surprise that once FedEx Ground’s “above-average” attorneys finally reviewed the two video footages of the alleged workplace violence and the accompanied audiotaped interview and discussion that the two video footages somehow MAGICALLY disappeared.
AND, a “copy” of the audiotaped interview and discussion on a compact disc would not play on my laptop; would not play in the cd player of my vehicle; and would not play on four different computers at the Richard Byrd Library located in Fairfax County, Virginia. This also includes a “replacement” copy that “should work” that FedEx Ground was just so “nice” to “re-copy” and send to me.
According to FedEx Ground’s “pure genius” attorneys the two video footages of the alleged workplace violence are no longer in FedEx Ground’s "possession". Also, according to these same “above-average” attorneys, they can’t figure out why the “copies” of the audiotaped interview and discussion will not play.
FedEx Ground’s “exceptional” attorneys provided no explanation as to why FedEx Ground’s own property is all of a sudden and out of the blue no longer in FedEx Ground’s “possession”.
And, Judge Buchanan never asked FedEx Ground for an explanation. She never held a hearing or conducted an investigation. Judge Buchanan took no actions to ascertain why FedEx Ground’s own property is no longer in its “possession”.
FedEx Ground did not list the two video footages of the alleged workplace violence on its Defendant’s Witness and Exhibit List.
In their place FedEx Ground has, instead, opted to use “words” allegedly written by its security employee to “describe” the alleged workplace violence, and hence turn the matter into a he said/she said (Item nos. 19, 20, and 21 on FedEx Ground's Exhibit List). Of course, said security employee’s so-called “description” is nowhere near what is actually shown on the two video footages of the alleged workplace violence.
Confronted with resolute incontrovertible evidences that FedEx Ground indeed had committed sex discrimination and retaliation against me, FedEx Ground’s “elite” attorneys, constantly filed meritless crybaby, tattletale motions for special treatment during discovery to secure Judge Buchanan’s assistance to willfully hide the two video footages of the alleged workplace violence and accompanied audiotaped interview and discussion from me.
FedEx Ground’s “marvel” attorneys displayed great confidence in FedEx Ground’s meritless crybaby, tattletale motions because they were very well aware that Judge Buchanan is the type of judge that discriminates against and bullies non-attorney Pro Se litigants.
Mindful of the November 11, 2016 deadline for discovery that was solely determined by FedEx Ground; I had sent my discovery requests to FedEx Ground weeks before FedEx Ground had sent its discovery requests to me.
Shortly after I had sent my discovery requests, FedEx Ground’s “prodigy” counsel Attorney Bober contacted me via email for a settlement demand. He asked me to calculate my back wages. Later that day he contacted me via telephone to discuss the requested information. The genesis of our conversation was amicable. Attorney Bober stated that it did not make sense for FedEx Ground and me to deal with the hassle of exchanging documents in discovery. He then spoke at great length about my back wages.
When I inquired about damages Attorney Bober became agitated with me and his tone of voice was no longer friendly. He became defensive, and repeatedly asked if I had seen a doctor. Attorney Bober made repetitive statements that he did not know if whether I had been injured because "he" was not there when the alleged injury occurred. Really? Seriously? “HE” wasn’t there? This statement totally baffled me. Attorney Bober then said that he would have to meet with his bosses regarding damages because he was only authorized to offer me back wages. Our conversation ended.
Weeks later in response to my discovery requests for production of documents, FedEx Ground stated that it would:
provide all relevant, non-privileged documents,
including electronic information, video recordings,
and audio recordings relating to the factual allegations contained in the complaint subject to an appropriate
protective order.
FedEx Ground made a similar statement regarding my interrogatories.
Then in an email FedEx Ground stated that since it is going to honor my discovery requests once it secures a protective order, discovery rules dictate that I respond to its discovery requests now.
In other words, FedEx Ground proposed to get from me without giving to me even though, again, I had sent my discovery requests to FedEx Ground weeks before FedEx Ground had sent its discovery requests to me.
FedEx Ground’s discovery requests also included possible dates for a deposition to attack my damages in a summary judgment motion. However, because I am not one of those “above-average” attorneys or an attorney at all, I was supposed to be TOO stupid to know this.
Immediately, I informed FedEx Ground that once it secures a protective order then respond to my discovery requests I would be more than happy to respond to its discovery requests, and not a moment sooner.
FedEx Ground waited until October 21, 2016, over thirty days, to even make a motion to secure a protective order. In addition, FedEx Ground also filed a motion to compel me to respond to its discovery requests and for possible deposition dates. Clearly the latter was a pretext since I had already informed FedEx Ground that once it secures a protective order then turn over discovery to me, I would turn over discovery to it.
FedEx Ground’s duplicitous motions hearing was held on October 28, 2016.
From the onset, Judge Buchanan was disrespectful, hostile, aggressive, and authoritarian with me. She didn’t even give me the opportunity to complete my introduction and greet the Court. Whenever Judge Buchanan would ask me a question, she would interrupt me before I could complete a sentence. Judge Buchanan discounted me, and treated me like I was an annoying three-year old for whom she absolutely lacked patience. Counsel for FedEx didn’t even have to defend their motion. Judge Buchanan embarrassed and humiliated me.
Nevertheless, Judge Buchanan ORDERED FedEx Ground to respond to my discovery requests by 5 PM on Wednesday, November 2, 2016. She also ordered me to respond to FedEx Ground's discovery requests by 5 PM on Friday, November 4, 2016.
According to FedEx Ground’s “boy wonder” counsel, Attorney Cumings, Judge Buchanan only ordered FedEx Ground to respond to my discovery requests in exchange for my silence about Judge Buchanan’s violation of my constitutional right to Free Speech and Free Expression.
Although she did not make a good cause finding for a protective order as required by law, Judge Buchanan also granted FedEx Ground's motion for a protective order.
As a result, on November 7, 2016, I filed an Objection with the District Court against that part of Judge Buchanan's Order.
Since Judge Buchanan had also ordered FedEx Ground to respond to my discovery requests, and to do so before I was to respond to FedEx Ground’s discovery requests, I did not file an Objection against that portion of her Order that granted FedEx Ground’s motions to compel me and for deposition dates.
Neither FedEx Ground nor I objected to Judge Buchanan's Order to respond to the other's discovery requests.
Both, FedEx Ground and I, agreed to comply with Judge Buchanan's Order to respond to the other's discovery requests.
On page two, paragraph two of FedEx Ground’s subsequent Defendant’s Memorandum In Support Of Its Emergency Motion for Sanctions filed against me on November 7, 2016, FedEx Ground confirmed Judge Buchanan’s October 28, 2016.
However, FedEx Ground did not comply with Judge Buchanan's October 28, 2016 Order to respond to my discovery requests.
On November 02, 2016, FedEx Ground did not turn over the two video footages that according to FedEx Ground show that I allegedly had committed workplace violence for which FedEx Ground had stated as the reason why it had suspended then terminated me.
Also, the compact disc that allegedly was a “copy” of the accompanied audiotaped interview and discussion would not play.
When I informed FedEx Ground via email that it had not complied with Judge Buchanan's October 28, 2016 Order, FedEx Ground responded:
we have provided you with all responsive documents
in our possession relating to these actions. Emphasis added.
And:
FedEx Ground has provided you with all responsive
videotape footage in its possession. Emphasis added.
When I asked the following in an email dated November 4, 2016:
Just to be clear about the video for the alleged
WORKPLACE VIOLENCE that I allegedly committed
against William, are you saying that it is not in
FedEx Ground's possession as the reason why
you have refused to provide it to me?
FedEx Ground responded:
As far as the video footage you ask about, you
have everything that we have concerning the
events related to your case.
Instead of complying with Judge Buchanan's October 28, 2016 Order, on Monday, November 07, 2016, FedEx Ground made a meritless crybaby, tattletale emergency motion for special treatment against me.
Not one time did FedEx Ground state or argue in its' emergency motion and opposition motion that it had in fact provided me with the two alleged workplace violence video footages and the accompanied audiotaped interview and discussion. Also, FedEx Ground did not provide an explanation as to why the two video footages of the alleged workplace violence were not in its “possession”.
Instead, as a diversion to avoid admitting that it did not provide me with the video footages of the alleged workplace violence FedEx Ground argued:
It is of no moment that Plaintiff feels that she hasn't
received everything that she requested or that
FedEx Ground's objections and responses are, in
her view, insufficient. Plaintiff doesn't get to make those
calls- and she doesn't get to play judge in this case.
Whether Plaintiff is happy with what FedEx Ground
has already provided is clearly outside of FedEx Ground's
control.
And that it:
has provided everything to Plaintiff concerning the
events related to her case.
In my motion and opposition motion, I informed the Magistrate Court that FedEx Ground did not send me the two video footages of the alleged workplace violence as Judge Buchanan had ordered FedEx Ground to do on October 28, 2016. I argued that as a result, FedEx Ground was in direct violation of Judge Buchanan’s Order and the discovery rules.
On November 15, 2016 Judge Buchanan granted FedEx Ground’s emergency motion and denied my emergency motion. She willfully turned a blind eye to FedEx Ground’s non-compliance with her October 28, 2016 Order and with the discovery rules. Judge Buchanan made absolutely no findings or statements or comments about FedEx Ground not turning over the two video footages of the alleged workplace violence and the accompanied audiotaped interview and discussion as she had ordered FedEx Ground to do on October 28, 2016, and as FedEx Ground had agreed to do once it had secured a protective order. She just totally ignored it. Judge Buchanan ordered me to turn over discovery to FedEx Ground by 5 PM on Tuesday, November 22, 2016.
According to FedEx Ground and its “boy wonder” counsel, Attorney Cumings, Judge Buchanan denied my emergency motion in retaliation against me for the written objection that I had made and filed with the District Court against Judge Buchanan for violating my 1st Amendment right to Free Speech and Free Expression.
Immediately, I complied with Judge Buchanan’s November 15, 2016 order in the exact same manner that FedEx Ground had complied with Judge Buchanan’s October 28, 2016 Order.
Just as FedEx Ground had done with me, I gave FedEx Ground all that I had in my “possession” concerning the events related to my action.
However, FedEx Ground and its “exceptional” attorneys were displeased with my discovery responses. Imagine that. Consequently, on November 22, 2016 FedEx Ground made yet another meritless crybaby, tattletale motion for special treatment against me.
Just as FedEx Ground had argued in its motions and opposition motions earlier, in my motion I argued that:
I have provided FedEx Ground with all responsive
documents in my possession relating to these actions.
And:
I have provided everything to FedEx Ground
concerning the events related to my case.
And:
It is of no moment that FedEx Ground feels that
It hasn't received everything that it requested or that
Plaintiff's objections and responses are, in its view,
insufficient. FedEx Ground doesn't get to make those
calls- and it doesn't get to play judge in this case.
Whether FedEx Ground is happy with what Plaintiff
has already provided is clearly outside of Plaintiff's control.
In its opposition motion and reply motion, once again FedEx Ground and its “above-average” attorneys avoided admitting that FedEx Ground did not provide me with the video footages of the alleged workplace violence and the accompanied audiotaped interview and discussion.
On December 02, 2016, Judge Buchanan issued another BOGUS Order. Again, she ignored that FedEx Ground had violated her October 28, 2016 Order and the discovery rules by not providing me with the video footages of the alleged workplace violence and the accompanied audiotape interview and discussion.
Instead, Judge Buchanan granted FedEx Ground’s motion for sanctions against me; and she denied my motion for sanctions against FedEx Ground.
Of course, I made and filed another written objection to Judge Buchanan’s Order with the District Court.
Blah, blah, blah.
On December 16, 2016, Judge Buchanan issued another SHAM Order. Once again she willfully turned a blind eye to FedEx Ground’s non-compliance with her October 28, 2016 Order and the discovery rules to turn over the two video footages of the alleged workplace violence and the accompanied audiotaped interview and discussion to me. Judge Buchanan granted FedEx Ground’s motion for sanctions against me; and she denied my motion for sanctions against FedEx Ground.
Also on December 16, 2016, Judge Buchanan made a Report and Recommendation to the District Court that my civil action against FedEx Ground be dismissed for allegedly disobeying her Orders that I had clearly obeyed in the exact same manner that FedEx Ground had complied with her Orders.
An Opinion and Order for all of my Objections against Judge Buchanan were finally issued on February 14, 2017.
Judge Buchanan's behavior is clearly egregious and it shocks the conscience.
Akin to the Ku Klux Klan and supporters of Jim Crow, Judge Buchanan has made it crystal clear in my matter that the United States Constitution does not apply to certain groups of American Citizens. For Judge Buchanan, that group is those American Citizens who chose to exercise their lawful right to represent themselves in an American Court of Law. As far as Judge Buchanan is concerned the FUNDAMENTAL right to a Fair and Impartial Court does not apply to that group of American Citizens.
Judge Buchanan has clearly proven herself a Tyrant; an Oppressor; a Bully. In my matter Judge Buchanan corrupted her integrity, if she ever had any, and used the people’s black robe to “power” play her judgeship.
To Judge Buchanan, American judges are above the United States Constitution. Judge Buchanan spits on the United States Constitution, thumbs her nose at 28 U.S. § 453, repudiates principles of laws, and flouts rules of procedure, statues, and well-established legal authorities.
Indeed, Judge Buchanan is the perfect example why the judicial branch is in desperate need of oversight independent of itself. For the sake of American Citizens. For the sake of American tax dollars.
Judge Buchanan clearly violated my FUNDAMENTAL right to a Fair and Impartial Court. 5th Amendment, United States Constitution.
However, it’s HARD to beat a person who NEVER gives up.
It is my lawful right for FedEx Ground to provide me with the two video footages of the alleged workplace violence and the accompanied audiotaped interview and discussion, and to answer my interrogatories.
And FedEx Ground will.
Stay Tuned.