KN ELECTRICAL CONTRACTOR, INC. et al v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al
Plaintiff: KN ELECTRICAL CONTRACTOR, INC., d/b/a KN ELECTRICAL, DENNIS KLEINER and KN ELECTRICAL CONTRACTOR, INC. doing business as KN ELECTRICAL
Defendant: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 351, DANIEL COSNER, JOHN GRAY, ROY FOSTER, CHARLES DELLA VECCHIA, RYCK SIGNOR, HUGHES ELECTRIC COMPANY, LLC, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS and LOCAL UNION NO. 351
Case Number: 1:2021cv20650
Filed: December 21, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Renee Marie Bumb
Referring Judge: Matthew J Skahill
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. ยง 185
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2022 Filing 19 Letter from Ryan P. Mulvaney, Esq. RE: IBEW Defendants' February 18 Submission re #18 Letter,. (MULVANEY, RYAN)
February 18, 2022 Filing 18 Letter from Mark E. Belland, Esquire re #9 Application for Clerk's Order to Ext Answer/Proposed Order, #6 Letter, #11 Letter, #16 Letter, #12 Letter, #10 Application for Clerk's Order to Ext Answer/Proposed Order, #15 Letter, #4 Letter, 7 Order,,,,,,,. (BELLAND, MARK)
February 15, 2022 Opinion or Order Filing 17 TEXT ORDER This matter comes before the Court upon its own motion after having asked the parties to further brief the issue as to whether this case was properly removed to federal court. Having read the parties' submissions [Docket Nos. 15, 16], the Court shall hold a hearing via Zoom on Wednesday, March 2, 2022, at 11:00 a.m. The parties shall be prepared to discuss the issue of improper removal. The Court's Deputy Clerk will send a link to the parties' email addresses as they appear on the docket. So Ordered by Judge Renee Marie Bumb on 02/15/2022. (Costigan, Roberta)
February 10, 2022 Filing 16 Letter from Ryan Mulvaney re #6 Letter, #15 Letter, 7 Order,,,,,,,. (MULVANEY, RYAN)
January 31, 2022 Filing 15 Letter from Mark E. Belland, Esquire. (BELLAND, MARK)
January 31, 2022 Filing 14 NOTICE of Appearance by MARK E. BELLAND on behalf of DANIEL COSNER, CHARLES DELLA VECCHIA, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, JOHN GRAY, LOCAL UNION NO. 351, ROY FOSTER, RYCK SIGNOR (BELLAND, MARK)
January 28, 2022 Filing 13 NOTICE of Appearance by STEPHANIE LOPEZ on behalf of DENNIS KLEINER, KN ELECTRICAL CONTRACTOR, INC. (LOPEZ, STEPHANIE)
January 28, 2022 Filing 12 Letter. (GRIMLEY, JAMES)
January 28, 2022 Filing 11 Letter. (GRIMLEY, JAMES)
January 24, 2022 CLERK'S QUALITY CONTROL MESSAGE - Entries #9 , #10 filed by HUGHES ELECTRIC COMPANY, LLC on were submitted incorrectly as a Application and Proposed Order for Clerk's Order to extend time to answer. PLEASE RESUBMIT THE USING LETTER. This submission will remain on the docket unless otherwise ordered by the court. (pr, )
January 22, 2022 Filing 10 Application and Proposed Order for Clerk's Order to extend time to answer Attorney JAMES PATRICK GRIMLEY for HUGHES ELECTRIC COMPANY, LLC added. (GRIMLEY, JAMES)
January 21, 2022 Filing 9 Application and Proposed Order for Clerk's Order to extend time to answer as to Hughes Electric. Attorney JAMES PATRICK GRIMLEY for HUGHES ELECTRIC COMPANY, LLC added. (GRIMLEY, JAMES)
January 21, 2022 Filing 8 NOTICE of Appearance by JAMES PATRICK GRIMLEY on behalf of HUGHES ELECTRIC COMPANY, LLC (GRIMLEY, JAMES)
January 20, 2022 Opinion or Order Filing 7 TEXT ORDER This matter comes before the Court upon a letter submitted by Defendants International Brotherhood of Electrical Workers, Local 351, and union officials Daniel Cosner, John Gray, Roy Foster, Charles Della Vecchia, and Ryck Signor (collectively, the "Union Defendants"), requesting a pre-motion conference regarding a proposed motion to dismiss [Docket No. 4], as well as a letter submitted by Plaintiffs KN Electrical Contractor, Inc. and Dennis Kleiner (collectively, the "Plaintiffs") in response, requesting that the Court remand the case [Docket No. 6]. Having reviewed the parties' submissions, the Court is unable to conduct an appropriate analysis as to whether this matter has been properly removed to federal court, and thus, the Court will require further submissions by the parties to address the issue. Specifically, the Court will require the parties to address whether the causes of action asserted in Plaintiffs' original complaint pertain to "rights created by" or rights "substantially dependent on" the Court's analysis of the parties' collective-bargaining agreement. See Rutledge v. Intl Longshoremens Assn AFL-CIO, 701 F. Appx 156, 160 (3d Cir. 2017) (citations omitted). It is hereby ORDERED that within 10 days from the date hereof, the Union Defendants shall file a letter with this Court of no more than three ordinary typed pages, setting forth any additional factual allegations and/or the applicable provisions of the parties' collective-bargaining agreement, showing why Plaintiffs' original complaint is preempted by federal law. Plaintiffs shall respond to the Union Defendants' letter by no later than 10 days from the date on which it is filed, setting forth their response in no more than three ordinary typed pages. So Ordered by Judge Renee Marie Bumb on 01/220220. (Costigan, Roberta)
January 13, 2022 Filing 6 Letter from Ryan P. Mulvaney, Esq. re #4 Letter. (MULVANEY, RYAN)
January 13, 2022 Filing 5 NOTICE of Appearance by RYAN P. MULVANEY on behalf of DENNIS KLEINER, KN ELECTRICAL CONTRACTOR, INC. (MULVANEY, RYAN)
January 7, 2022 Filing 4 Letter from Mark Belland. (BELLAND, MARK)
December 28, 2021 CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption,Jury Demand,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (amv)
December 28, 2021 Notice of Judicial Preferences.RMB #Click here for the Judge's Individual Procedure Requirements. (amv)
December 23, 2021 Clerk`s Text Order - The document #3 Application for Clerk's Order to Ext Answer/Proposed Order submitted by RYCK SIGNOR, JOHN GRAY, DANIEL COSNER, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 351, ROY FOSTER, CHARLES DELLA VECCHIA has been GRANTED. The answer due date has been set for 1/11/2022. (rtm, )
December 22, 2021 Filing 3 Application and Proposed Order for Clerk's Order to extend time to answer. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(WATKINS, DAVID)
December 22, 2021 CLERK'S QUALITY CONTROL MESSAGE - The Application for Clerk Order to Ext Answer/Proposed Order #2 filed by David Watkins on 12/21/2021 was submitted incorrectly as a Motion. PLEASE RESUBMIT THE Application for Clerk Order to Ext Answer/Proposed Order USING Application for Clerk Order to Ext Answer/Proposed Order. This submission will remain on the docket unless otherwise ordered by the court. (rtm, )
December 21, 2021 Judge Renee Marie Bumb and Magistrate Judge Matthew J. Skahill added. (dd, )
December 21, 2021 Filing 2 MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by DANIEL COSNER, CHARLES DELLA VECCHIA, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 351, JOHN GRAY, ROY FOSTER, RYCK SIGNOR. (Attachments: #1 Proposed Order, #2 Certificate of Service)(WATKINS, DAVID)
December 21, 2021 Filing 1 NOTICE OF REMOVAL by RYCK SIGNOR, JOHN GRAY, DANIEL COSNER, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 351, ROY FOSTER, CHARLES DELLA VECCHIA from SUPERIOR COURT OF ATLANTIC COUNTY, NJ, case number 003730-21. ( Filing and Admin fee $ 402 receipt number ANJDC-13061560), filed by RYCK SIGNOR, JOHN GRAY, DANIEL COSNER, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 351, ROY FOSTER, CHARLES DELLA VECCHIA. (Attachments: #1 Notice of Removal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service)(WATKINS, DAVID)

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Plaintiff: KN ELECTRICAL CONTRACTOR, INC., d/b/a KN ELECTRICAL
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Plaintiff: DENNIS KLEINER
Represented By: RYAN P. MULVANEY
Represented By: STEPHANIE LOPEZ
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Plaintiff: KN ELECTRICAL CONTRACTOR, INC. doing business as KN ELECTRICAL
Represented By: RYAN P. MULVANEY
Represented By: STEPHANIE LOPEZ
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Defendant: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 351
Represented By: DAVID F. WATKINS, JR
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Defendant: DANIEL COSNER
Represented By: DAVID F. WATKINS, JR
Represented By: MARK E. BELLAND
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Defendant: JOHN GRAY
Represented By: DAVID F. WATKINS, JR
Represented By: MARK E. BELLAND
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Defendant: ROY FOSTER
Represented By: DAVID F. WATKINS, JR
Represented By: MARK E. BELLAND
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Defendant: CHARLES DELLA VECCHIA
Represented By: DAVID F. WATKINS, JR
Represented By: MARK E. BELLAND
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Defendant: RYCK SIGNOR
Represented By: DAVID F. WATKINS, JR
Represented By: MARK E. BELLAND
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Defendant: HUGHES ELECTRIC COMPANY, LLC
Represented By: JAMES PATRICK GRIMLEY
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Defendant: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Represented By: MARK E. BELLAND
Represented By: DAVID F. WATKINS, JR
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Defendant: LOCAL UNION NO. 351
Represented By: MARK E. BELLAND
Represented By: DAVID F. WATKINS, JR
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