Winchell v. Teamsters Local Union No. 25 et al
| Joseph Winchell |
| Teamsters Local 25, International Brotherhood of Teamsters, Walsh Movers, Andrew Foulsham, William Walsh, Inc. and Teamsters Local Union No. 25 |
| 1:2019cv12368 |
| November 18, 2019 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Filing 12 MOTION to Dismiss by Teamsters Local Union No. 25. (Attachments: #1 Memorandum of Law in Support of Teamsters Local 25's Motion to Dismiss)(Liacos, Luke) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The Answer having been filed in state court prior to removal, the court orders the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 2/10/20; Motions for leave to Amend Pleadings & Joinder of Parties due by 3/16/20; Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be filed within the 30 days of the initial disclosures. The court expects responses to be produced in thirty days, unless a showing of inability despite diligent effort is made. A party may not notice more than 5 deponents without leave of court on a showing of good cause. If the parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) no later than 7/3/20, as it may take several weeks to schedule a mediation date.The court notes that, in this session, treating physicians are not required to produce Rule 26 reports, rather plaintiff's relevant medical records are produced as part of fact discovery by plaintiff or by plaintiff's counsel presenting to defendant completed releases for relevant records and providers by 2/10/20 as part of his automatic disclosures. Plaintiff is obligated to supplement these records under the procedural rules.All fact discovery must be completed by 8/3/20. Dispositive motions are due by 8/24/20; Oppositions by 9/14/20; Reply only with leave of court. If the parties intend to use experts, they must notify the court by 6/22/20, setting out the expert's area of expertise and why the expert's testimony is necessary to the case.(Zierk, Marsha) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by William Walsh, Inc.. (MacDonald, Mary) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Assented to Motion to Substitute Party. William Walsh, Inc. added. Walsh Movers terminated. (Pacho, Arnold) |
| Filing 8 Assented to MOTION to Substitute Party by Walsh Movers.(MacDonald, Mary) |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #5 Motion to Remand to State Court. While the court agrees with plaintiff Joseph Winchell that Count I of the Amended Complaint under Mass. Gen. Laws ch. 151B would be remandable, Count II against Local Union 25 is not. As the Union is not the employer, and was not the decisionmaker regarding termination, the only assumption the court can make is that Count II is based on Local 25's failure to protect Winchell from William Walsh Inc.'s alleged discrimination. As such, the Amended Complaint is completely preempted by Section 301 of the Labor-Management Relations Act, 29 U.S.C. 185. (Zierk, Marsha) |
| Filing 6 Opposition re #5 MOTION to Remand to State Court filed by Teamsters Local Union No. 25. (Liacos, Luke) |
| Filing 5 MOTION to Remand to State Court by Joseph Winchell.(Sulman, Joseph) |
| Filing 4 STATE COURT Record. (Liacos, Luke) (Main Document 4 replaced on 11/27/2019 due to missing pages on initial filing) (Pacho, Arnold). |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Lara, Miguel) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Teamsters Local Union No. 25, Andrew Foulsham, and Walsh Movers ( Filing fee: $ 400, receipt number 0101-7976503 Fee Status: Filing Fee paid) (Attachments: #1 Amended Complaint in State Court, #2 Category Sheet, #3 Civil Cover Sheet Civil Cover Sheet)(Liacos, Luke) |
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