Burns v. American Federation of Teachers, AFL-CIO et al
| Thomas Burns |
| American Federation of Teachers, AFL-CIO, Jan Hochadel, AFT Connecticut, David Cicarella, New Haven Federation of Teachers Local 933 and Randi Weingarten |
| 3:2020cv01250 |
| August 26, 2020 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Labor: Other |
| 29 U.S.C. § 0401 Labor Management Disclosure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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Filing 43
TRANSCRIPT of Proceedings: Type of Hearing: Video Motion Hearing. Held on April 2, 2021 before Judge Jeffrey Alker Meyer. Court Reporter: Diana Huntington. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Huntington, D.)
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Filing 42
JUDGMENT entered in favor of defendants AFT Connecticut, American Federation of Teachers, AFL-CIO, New Haven Federation of Teachers Local 933, David Cicarella, Jan Hochadel, and Randi Weingarten against plaintiff Thomas Burns.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 9/16/21.(Barry, Donna)
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JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Barry, Donna)
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Filing 41
ORDER granting #20 Motion to Dismiss. For the reasons set forth above, the Court GRANTS the defendants' motion to dismiss with prejudice as to Counts Five and Six and without prejudice as to the remaining state law claims. The Clerk of Court shall close this case. If Burns has good faith grounds to allege a complaint with one or more causes of action for which there is federal jurisdiction and that state plausible grounds for relief, then Burns may file a motion to re-open this action along with an amended complaint within 30 days. Burns may otherwise seek relief if appropriate in the Connecticut Superior Court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/14/2021. (Petkun, J.)
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Terminate Hearing: After conferring with the parties, the telephonic status conference set for 8/13/21 (Doc. #25) is cancelled on consent. (Barry, Donna)
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Filing 40
Minute Entry. Proceedings held before Judge Jeffrey A. Meyer: Motion Hearing held on 4/2/2021; taking under advisement #20 MOTION to Dismiss filed by AFT Connecticut, David Cicarella, New Haven Federation of Teachers Local 933, Jan Hochadel, American Federation of Teachers, AFL-CIO, Randi Weingarten. Total Time: 55 minutes(Court Reporter Diana Huntington.) (Gutierrez, Y.)
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Filing 39
CERTIFICATE OF GOOD STANDING re #15 MOTION for Attorney(s) Bruce R. Lerner to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6229510) by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten. (Lerner, Bruce)
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Filing 38
CERTIFICATE OF GOOD STANDING re #14 MOTION for Attorney(s) Adam Bellotti to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6229481) by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten. (Bellotti, Adam)
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Filing 37
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. The Motion Hearing re: #20 MOTION to Dismiss scheduled for 4/2/2021 at 3:00 PM will be conducted via Zoom. All parties and members of the public may use the Zoom access information to observe the proceeding by video or by audio. A Zoom link is also publicly available on the Court's webpage for "Court Calendars." (Gutierrez, Y.)
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CALENDAR NOTICE regarding hearing via Zoom: The Motion Hearing re: #20 MOTION to Dismiss scheduled for 4/2/2021 at 3:00 PM will be conducted via Zoom. For the duration of the COVID-19 pandemic, Judge Meyer conducts all civil case hearings exclusively by Zoom video/audio or by means of an audio teleconference. Any member of the public may observe the hearing by means of video or audio. For video hearings, the Court uses the Zoom video/audio platform, and the access information is set forth below and also appears on the Court's "Court Calendars" webpage, https://www.ctd.uscourts.gov/court_calendars. The Zoom platform allows a person to click a link for video access or to call in to a telephone number for audio-only access to the video hearing. The video link is https://www.zoomgov.com/j/1606266394?pwd=RU9kazUyN2p4cmdlaEtldm9oOStsZz09 and call in number is +16468287666,,1606266394#,,,,*838205#.Meeting ID: 160 626 6394 Meeting Password: 838205 Federal law prohibits any electronic recording or rebroadcasting of a federal court hearing. No person may engage in any recording or rebroadcasting of any part of a Zoom video/audio hearing including by means of using their computer or any other device to video-record or audio-record any part of the hearing or to take photographs or screenshots of the hearing. A violation may result in court sanctions or criminal prosecution.(Gutierrez, Y.)
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Filing 36
REPLY to Response to #20 MOTION to Dismiss filed by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten. (Bellotti, Adam)
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Filing 35
ORDER RE REPLY TO RESPONSE TO MOTION TO DISMISS (Doc. #20 ). Defendants are requested to file any reply to plaintiff's response to the motion to dismiss by February 16, 2021. It is so ordered. Signed by Judge Jeffrey A. Meyer on 2/3/2020.(Freberg, B)
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Filing 34
Memorandum in Opposition re #20 MOTION to Dismiss filed by Thomas Burns. (Heiser, Theodore)
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Filing 33
ORDER granting #31 Motion for Extension of Time to File Response/Reply re #20 MOTION to Dismiss. Responses due by 2/2/2021. Signed by Judge Jeffrey A. Meyer on 2/2/2021. (Freberg, B)
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Filing 32
NOTICE of Voluntary Dismissal of Count 3 of First Amended Complaint by Thomas Burns (Heiser, Theodore)
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Filing 31
Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss until 2/2/2021 by Thomas Burns. (Heiser, Theodore)
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Response/Reply re #20 MOTION to Dismiss. Responses due by 2/1/2021. Signed by Judge Jeffrey A. Meyer on 1/26/2021. (Freberg, B)
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Filing 29
Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss until February 1, 2021 by Thomas Burns. (Heiser, Theodore)
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Filing 28
ORDER granting #27 Motion for Extension of Time to File Response/Reply re #20 MOTION to Dismiss . Responses due by 1/25/2021. Signed by Judge Jeffrey A. Meyer on 1/8/2021. (Freberg, B)
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Filing 27
Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss until January 25, 2021 by Thomas Burns. (Heiser, Theodore)
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Set Deadlines/Hearings: Discovery due by 11/12/2021 Trial Brief due by 3/4/2022 Telephone Status Conference set for 8/13/2021 03:30 PM before Judge Jeffrey A. Meyer (Pesta, J.)
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Filing 26
Docket Entry Correction re 25 Order - Text corrected to reflect a telephonic status conference will be held on August 13, 2021 at 3:30 PM, not February 13, 2021. (Freberg, B)
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Filing 25
GENERAL SCHEDULING ORDER. The parties' Rule 26(f) Planning Report (Doc. #24 ) is hereby APPROVED as modified by this order. All discovery shall be completed by November 12, 2021, and all other interim discovery dates set forth in the parties' Rule 26(f) Report are hereby adopted. Any dispositive summary judgment motions shall be filed by December 13, 2021, and any response to dispositive summary judgment motions shall be filed by January 13, 2022. The parties' joint trial memorandum is due by March 4, 2022, or within 30 days of the Court's ruling on dispositive summary judgment motions, whichever date is later. The Court will thereafter set a trial date, and the parties should be prepared to proceed to jury selection within 30 days of the filing of the joint trial memorandum. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum" and "Pretrial Preferences" and "Trial Preferences." The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. A telephonic status conference will be held on August 13, 2021 at 3:30 PM. Parties shall call 877-402-9753, passcode 8576007#. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/30/2020. (Johnson, R.) Modified on 12/30/2020 to correct text (Freberg, B).
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Filing 24
Joint REPORT of Rule 26(f) Planning Meeting. (Heiser, Theodore)
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Filing 23
Corporate Disclosure Statement by American Federation of Teachers, AFL-CIO. (Bellotti, Adam)
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Filing 22
Corporate Disclosure Statement by AFT Connecticut. (Bellotti, Adam)
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Filing 21
Corporate Disclosure Statement by New Haven Federation of Teachers Local 933. (Bellotti, Adam)
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Filing 20
MOTION to Dismiss by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten.Responses due by 1/11/2021 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Adam Bellotti in Support of Motion to Dismiss)(Bellotti, Adam)
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Filing 19
NOTICE of Appearance by Bruce R. Lerner on behalf of AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten (Lerner, Bruce)
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Filing 18
NOTICE of Appearance by Adam Bellotti on behalf of AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten (Bellotti, Adam)
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Filing 17
ORDER granting #14 Motion to Appear Pro Hac Vice; granting #15 Motion to Appear Pro Hac Vice. Certificates of Good Standing due by 1/18/2021. Signed by Judge Jeffrey A. Meyer on 11/19/2020. (Freberg, B)
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Filing 16
ORDER granting #13 Consent MOTION for Extension of Time until 12/21/2020 TO ANSWER OR OTHERWISE PLEAD #12 Amended Complaint. Signed by Judge Jeffrey A. Meyer on 11/19/2020. (Freberg, B)
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Answer deadline updated for AFT Connecticut to 12/21/2020; American Federation of Teachers, AFL-CIO to 12/21/2020; David Cicarella to 12/21/2020; Jan Hochadel to 12/21/2020; New Haven Federation of Teachers Local 933 to 12/21/2020; Randi Weingarten to 12/21/2020. (Freberg, B)
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Filing 15
MOTION for Attorney(s) Bruce R. Lerner to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6229510) by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten. (Attachments: #1 Exhibit Declaration)(Murray, Henry)
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Filing 14
MOTION for Attorney(s) Adam Bellotti to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6229481) by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten. (Attachments: #1 Exhibit Declaration)(Murray, Henry)
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Filing 13
Consent MOTION for Extension of Time until 12/21/2020 TO ANSWER OR OTHERWISE PLEAD #12 Amended Complaint by AFT Connecticut, American Federation of Teachers, AFL-CIO, David Cicarella, Jan Hochadel, New Haven Federation of Teachers Local 933, Randi Weingarten. (Attachments: #1 Text of Proposed Order Attachment)(Murray, Henry)
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Filing 12
AMENDED COMPLAINT dated 11.6.2020 against All Defendants, filed by Thomas Burns.(Heiser, Theodore)
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Filing 11
WAIVER OF SERVICE Returned Executed as to Jan Hochadel waiver sent on 9/10/2020, answer due 11/9/2020 filed by Thomas Burns. (Heiser, Theodore)
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Filing 10
WAIVER OF SERVICE Returned Executed as to Randi Weingarten waiver sent on 9/10/2020, answer due 11/9/2020 filed by Thomas Burns. (Heiser, Theodore)
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Filing 9
WAIVER OF SERVICE Returned Executed as to American Federation of Teachers, AFL-CIO waiver sent on 9/10/2020, answer due 11/9/2020 filed by Thomas Burns. (Heiser, Theodore)
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Filing 8
WAIVER OF SERVICE Returned Executed as to New Haven Federation of Teachers Local 933 waiver sent on 9/10/2020, answer due 11/9/2020 filed by Thomas Burns. (Heiser, Theodore)
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Filing 7
WAIVER OF SERVICE Returned Executed as to AFT Connecticut waiver sent on 9/10/2020, answer due 11/9/2020 filed by Thomas Burns. (Heiser, Theodore)
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Filing 6
WAIVER OF SERVICE Returned Executed as to David Cicarella waiver sent on 9/10/2020, answer due 11/9/2020 filed by Thomas Burns. (Heiser, Theodore)
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Filing 5
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Terminate Deadlines, Order on Pretrial Deadlines, #1 Complaint, filed by Thomas Burns, #3 Electronic Filing Order, #4 Standing Protective Order Signed by Clerk on 8/31/2020.(Freberg, B)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 8/26/2020.(Freberg, B)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER-. Signed by Judge Jeffrey A. Meyer on 8/26/2020.(Freberg, B)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/25/2020, Discovery due by 2/25/2021, Dispositive Motions due by 4/1/2021. Signed by Clerk on 8/26/2020.(Freberg, B)
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Filing 1
COMPLAINT against AFT Connecticut, American Federation of Teachers, AFL-CIO, Jan Hochadel, New Haven Federation of Teachers LOcal 933, Randi Weingarten ( Filing fee $400 receipt number CCTDC-6055923.), filed by Thomas Burns.(Heiser, Theodore)
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Judge Jeffrey A. Meyer added. (Nuzzi, Tiffany)
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