Salvetti v. United Parcel Service, Inc.
1:24-cv-01857
E.D. Va.Apr 14, 2025Background
- 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 The court relied on district court and other unpublished decisions to support its procedural rulings.
