This case was last updated from U.S. District Courts on 10/04/2025 at 05:42:32 (UTC).

Federal Express Corporation v. Blix Bicycle Inc

Case Summary

On 04/07/2025 Federal Express Corporation filed a Commercial and Trade - Contract lawsuit against Blix Bicycle Inc. This case was filed in U.S. District Courts, California Northern District. The Judges overseeing this case are P. Casey Pitts and Virginia K. DeMarchi. The case status is Open.

 

Case Details

  • Case Number:

    5:25-cv-03124

  • Filing Date:

    04/07/2025

  • Case Status:

    Open

  • Case Type:

    Commercial and Trade - Contract

Complaint

this action is between citizens of different states and the amount in controversy exceeds $75,000.

4. Personal jurisdiction is proper in this state because Defendant Blix is a corporation organized and existing under the laws of the State of California.

5. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a substantial part of the events or omissions giving rise to FedEx’s claims occurred within this district, specifically, the injuries to FedEx occurred.

DIVISIONAL ASSIGNMENT

6. Pursuant to Civil L.R. 3-2(c), this action is properly assigned to the San Jose Division of this Court because the Defendant’s principal place of business is located and a substantial part of the events or omissions giving rise to this claim occurred in San Jose.

FACTUAL ALLEGATIONS

7. This is an action for recovery of indebtedness due to FedEx.

8. FedEx is the holder and owner of the outstanding debt for fees owed for shipping services provided to the defendant.

9. Blix executed a pricing agreement (“Agreement”) for shipments made by its business, Blix.

10. The Agreement granted Blix the right to obtain goods or services on open account. That account was used for the benefit of shipments in furtherance of the Blix business.

11. Importantly, the Agreement incorporates the FedEx Service Guide (in effect at the time of each shipment) and the terms and conditions thereof.

12. In this regard, the relevant version of the FedEx Service Guide, at the time of each shipment, provides, among other things, that “[t]he party to whom a FedEx account number is issued is liable for all charges to the account….”

13. The Agreement and the Service Guide both mandate that invoices are due and payable within fifteen (15) days from the invoice date and the Service Guide


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specifies that late fees equal to 8% of total past-due balances may be applied to invoices not timely paid.

14. The Service Guide also establishes that senders and/or shippers responsible for payment are liable for costs to collect payment, including attorney’s fees, interest and court costs.

15. Blix breached the Agreement by failing to make payments due on the account pursuant to the terms of the Agreement.

16. FedEx has made demand and given Blix the opportunity to cure the breach.

17. Despite notification and demand, Blix has not made any payments on the account. Accordingly, this action has become necessary to collect amounts due and owing to FedEx, which continue to accrue, including late fees.

18. The amount now due to Plaintiff is the sum of $344,301.34.

FIRST CAUSE OF ACTION

(For Breach of Contract Against All Defendants)

19. The allegations in paragraphs 1 to 18 are incorporated by reference as if set forth fully herein.

20. Blix entered into the Agreement with FedEx wherein, among other things, Blix promised to pay for all shipments made through the FedEx enterprise.

21. FedEx performed all conditions and obligations it owed to Blix under the terms of the Agreement.

22. Blix materially breached the Agreement by failing and refusing to pay invoices for shipments it placed with FedEx.

23. As a direct and proximate result of Blix’s breaches of the Agreement, FedEx has been damaged in the amount of $344,301.34 for unpaid shipping charges and late fees. In addition, Blix is liable for FedEx’s legal fees associated with this action, pre-judgment and post-judgment interest and all court costs made necessary by its conduct.

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Judge Details

Presiding Judge

P. Casey Pitts

Referral Judge

Virginia K. DeMarchi

 

Party Details

Plaintiff

Federal Express Corporation

Defendant

Blix Bicycle Inc

Attorney/Law Firm Details

Plaintiff Attorney

Christopher M. Ahearn

Defendant Attorneys

Mark Figueiredo

Sonya Tamiry

 

Court Documents

#1

#Electronic filing error. Civil Cover Sheet missing. No judge assignment will be made until the document is e-filed. Please refer to our court website for all documentation. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet. Re: #1 Complaint filed by Federal Express Corporation (smc, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

#33

(#33) JOINT CASE MANAGEMENT STATEMENT filed by Blix Bicycle Inc. (Tamiry, Sonya) (Filed on 10/2/2025) (Entered: 10/02/2025)

#31

(#31) ORDER granting *as modified* #30 Administrative Motion to Appear Remotely. Signed by Judge P. Casey Pitts on 9/29/2025. (nmc, COURT STAFF) (Filed on 9/29/2025) (Entered: 09/29/2025)

30 #1

Proposed Order Proposed Order

#30

(#30) Joint ADMINISTRATIVE MOTION Joint Motion to Appear via Zoom from Plaintiff and Defendant filed by Federal Express Corporation. Responses due by 9/30/2025. (Attachments: #1 Proposed Order Proposed Order)(Ahearn, Christopher) (Filed on 9/24/2025) (Entered: 09/24/2025)

#27

(#27) JOINT CASE MANAGEMENT STATEMENT filed by Blix Bicycle Inc. (Tamiry, Sonya) (Filed on 8/21/2025) Modified on 8/22/2025 (dhm, COURT STAFF). (Entered: 08/21/2025)

#25

(#25) ORDER granting *as modified* #24 Administrative Motion to Appear Remotely. Signed by Judge P. Casey Pitts on 7/1/2025. (nmc, COURT STAFF) (Filed on 7/1/2025) (Entered: 07/01/2025)

24 #1

Proposed Order

#24

(#25) ORDER granting *as modified* #24 Administrative Motion to Appear Remotely. Signed by Judge P. Casey Pitts on 7/1/2025. (nmc, COURT STAFF) (Filed on 7/1/2025) (Entered: 07/01/2025)

#23

No Description Available

#22

No Description Available

#21

No Description Available

#20

No Description Available

19 #2

Certificate of Good Standing

19 #1

Certificate of Good Standing

#19

No Description Available

#15

No Description Available

16 More Documents Available

 

Docket Entries

10/02/2025
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Docket(#33) JOINT CASE MANAGEMENT STATEMENT filed by Blix Bicycle Inc. (Tamiry, Sonya) (Filed on 10/2/2025) (Entered: 10/02/2025)

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09/29/2025

Docket(#32) CLERK'S NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 10/9/2025 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/pcpCourt Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at PCPcrd@cand.uscourts.gov no later than 10/6/2025 by 12:00 PM PST.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 9/29/2025) (Entered: 09/29/2025)

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09/29/2025
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Docket(#31) ORDER granting *as modified* #30 Administrative Motion to Appear Remotely. Signed by Judge P. Casey Pitts on 9/29/2025. (nmc, COURT STAFF) (Filed on 9/29/2025) (Entered: 09/29/2025)

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09/24/2025
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Docket(#30) Joint ADMINISTRATIVE MOTION Joint Motion to Appear via Zoom from Plaintiff and Defendant filed by Federal Express Corporation. Responses due by 9/30/2025. (Attachments: #1 Proposed Order Proposed Order)(Ahearn, Christopher) (Filed on 9/24/2025) (Entered: 09/24/2025)

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09/24/2025

Docket(#29) NOTICE of Substitution of Counsel: Attorney Christopher M. Ahearn substituted for Ahsaki Baptist and Craig E. Lindberg on behalf of Federal Express Corporation (Ahearn, Christopher) (Filed on 9/24/2025) (Entered: 09/24/2025)

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08/28/2025

Docket(#28) Minute Entry for proceedings held before Judge P. Casey Pitts: Initial Case Management Conference held on 8/28/2025 via Zoom webinar. Further Case Management Conference set for 10/9/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. Joint Case Management Statement due by 10/2/2025. Plaintiff's Attorney: Ahsaki Baptist. Defendant's Attorney: Sonya Tamiry. No Court Reporter. Zoom recording: 2:04-2:07 p.m. Total Time: 3 min. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Date Filed: 8/28/2025) (Entered: 08/28/2025)

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08/22/2025
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Docket#Electronic filing error. Incorrect event used.Corrected by Clerk's Office. No further action is necessary. Re: #27 Case Management Statement filed by Blix Bicycle Inc (dhm, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

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08/21/2025
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Docket(#27) JOINT CASE MANAGEMENT STATEMENT filed by Blix Bicycle Inc. (Tamiry, Sonya) (Filed on 8/21/2025) Modified on 8/22/2025 (dhm, COURT STAFF). (Entered: 08/21/2025)

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07/01/2025

Docket(#26) CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 8/28/2025 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/pcpCourt Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at PCPcrd@cand.uscourts.gov no later than 8/27/2025 at 12PM PST.Civ LR 77-3(b). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 7/1/2025) (Entered: 07/01/2025)

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07/01/2025
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Docket(#25) ORDER granting *as modified* #24 Administrative Motion to Appear Remotely. Signed by Judge P. Casey Pitts on 7/1/2025. (nmc, COURT STAFF) (Filed on 7/1/2025) (Entered: 07/01/2025)

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17 More Docket Entries
04/16/2025
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Docket(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Federal Express Corporation.. (Lindberg, Craig) (Filed on 4/16/2025) (Entered: 04/16/2025)

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04/07/2025
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Docket(#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/2/2025. Initial Case Management Conference set for 7/9/2025 10:00 AM in San Jose, - Videoconference Only. (cv, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket(#7) Summons Issued as to Blix Bicycle Inc. (cv, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025

Docket(#6) Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/21/2025. (smc, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket(#5) Civil Cover Sheet by Federal Express Corporation . (Lindberg, Craig) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket#Electronic filing error. Civil Cover Sheet missing. No judge assignment will be made until the document is e-filed. Please refer to our court website for all documentation. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet. Re: #1 Complaint filed by Federal Express Corporation (smc, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket(#4) NOTICE by Federal Express Corporation re #1 Complaint (Lindberg, Craig) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket(#3) Certificate of Interested Entities by Federal Express Corporation identifying Corporate Parent Fedex Corporation for Federal Express Corporation. re #1 Complaint (Lindberg, Craig) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket(#2) Proposed Summons. (Lindberg, Craig) (Filed on 4/7/2025) (Entered: 04/07/2025)

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04/07/2025
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Docket(#1) COMPLAINT against Blix Bicycle Inc ( Filing fee $ 405, receipt number ACANDC-20537418.). Filed by Federal Express Corporation. (Lindberg, Craig) (Filed on 4/7/2025) (Entered: 04/07/2025)

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