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Salvetti v. United Parcel Service, Inc.
1:24-cv-01857
E.D. Va.
Apr 14, 2025
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Background

  • Daniel Salvetti sued United Parcel Service, Inc. (UPS) with original qui tam and whistleblower-related claims in Virginia state court, later removed to federal court.
  • Plaintiff amended his complaint multiple times, raising claims under the Family and Medical Leave Act (FMLA), Virginia whistleblower statutes, and wrongful termination in violation of public policy.
  • The court allowed an amended complaint but limited it to claims approved by earlier orders, excluding new or unrelated claims.
  • UPS moved to strike or dismiss the amended complaint, arguing it was procedurally improper and failed to state valid, timely claims.
  • Plaintiff sought more time to file yet another amendment, but this was after the disputed amended complaint was filed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Claims in Amended Complaint Exceed Scope Allowed Salvetti argues the amendments were proper under Rule 15. UPS argues new FMLA and public policy claims were not authorized. New claims are struck.
Timeliness of VOSH Discrimination Claim Salvetti argues he discovered retaliation late. UPS points to clear statutory filing deadlines, which were exceeded. Time-barred; dismissed with prejudice.
Timeliness of VWPA Whistleblower Claim Salvetti references earlier filings and ongoing retaliation. UPS highlights 1-year limitation post-termination was missed. Time-barred; dismissed with prejudice.
Motion for Extension of Time to Amend Salvetti seeks extra time to amend. UPS says it is moot and irrelevant. Denied as moot.

Key Cases Cited

  • No cases with official reporter citations were cited in this opinion. The court relied on district court and other unpublished decisions to support its procedural rulings.
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Case Details

Case Name: Salvetti v. United Parcel Service, Inc.
Court Name: District Court, E.D. Virginia
Date Published: Apr 14, 2025
Docket Number: 1:24-cv-01857
Court Abbreviation: E.D. Va.