KN ELECTRICAL CONTRACTOR, INC. et al v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al
| KN ELECTRICAL CONTRACTOR, INC., d/b/a KN ELECTRICAL, DENNIS KLEINER and KN ELECTRICAL CONTRACTOR, INC. doing business as KN ELECTRICAL |
| 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 |
| 1:2021cv20650 |
| December 21, 2021 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Matthew J Skahill |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.
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Filing 19
Letter from Ryan P. Mulvaney, Esq. RE: IBEW Defendants' February 18 Submission re #18 Letter,. (MULVANEY, RYAN)
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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)
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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)
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Filing 16
Letter from Ryan Mulvaney re #6 Letter, #15 Letter, 7 Order,,,,,,,. (MULVANEY, RYAN)
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Filing 15
Letter from Mark E. Belland, Esquire. (BELLAND, MARK)
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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)
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Filing 13
NOTICE of Appearance by STEPHANIE LOPEZ on behalf of DENNIS KLEINER, KN ELECTRICAL CONTRACTOR, INC. (LOPEZ, STEPHANIE)
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Filing 12
Letter. (GRIMLEY, JAMES)
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Filing 11
Letter. (GRIMLEY, JAMES)
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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, )
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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)
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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)
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Filing 8
NOTICE of Appearance by JAMES PATRICK GRIMLEY on behalf of HUGHES ELECTRIC COMPANY, LLC (GRIMLEY, JAMES)
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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)
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Filing 6
Letter from Ryan P. Mulvaney, Esq. re #4 Letter. (MULVANEY, RYAN)
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Filing 5
NOTICE of Appearance by RYAN P. MULVANEY on behalf of DENNIS KLEINER, KN ELECTRICAL CONTRACTOR, INC. (MULVANEY, RYAN)
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Filing 4
Letter from Mark Belland. (BELLAND, MARK)
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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)
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Notice of Judicial Preferences.RMB #Click here for the Judge's Individual Procedure Requirements. (amv)
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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, )
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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)
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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, )
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Judge Renee Marie Bumb and Magistrate Judge Matthew J. Skahill added. (dd, )
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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)
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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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