Byars et al v. Transport Workers Union of America et al
| Evangeline Byars, Todd Brown, Donna Jones and dean gentle |
| Transport Workers Union of America, Transport Workers Union, Local 100, John Samuelsen, Anthony Utano and Barbara Deinhardt |
| 1:2021cv05219 |
| September 20, 2021 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| Plaintiff |
Docket Report
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| Filing 19 NOTICE of Voluntary Dismissal by Todd Brown, Evangeline Byars, Donna Jones (Mirer, Jeanne) |
| Civil Case Terminated. (Greene, Donna) |
ORDER denying #3 Motion for TRO; denying #4 Motion for Order to Show Cause. The plaintiffs' request for a temporary restraining order is denied as moot. On September 23, 2021, the plaintiffs filed the amended complaint #16 which seeks injunctive relief substantially different from that sought in the original complaint #5 . Even if the plaintiffs' TRO motion were not moot, the Court would deny the motion with respect to the plaintiffs Byars, Brown and Jones for lack of subject matter jurisdiction. For federal jurisdiction to extend to the plaintiffs' claim, the plaintiffs must show that "they work for an 'employer'--that is, an entity that is not a 'political subdivision of the State,' and they participate in a 'labor organization' that deals with that employer." Baumgart v. Stony Brook Children's Serv., P.C., 249 F. App'x 851 (2d Cir. 2007). The plaintiffs Byars, Brown and Jones do not allege that their employer is not a political subdivision of a state. Also in the alternative, the TRO motion is denied with respect to Gentle for lack of standing. "In order to meet the constitutional minimum of standing to seek injunctive relief, [the plaintiff] must carry the burden of establishing that he has sustained or is immediately in danger of sustaining some direct injury as the result of the challenged official conduct." Shain v. Ellison, 356 F.3d 211, 215 (2d Cir. 2004) (quotation marks omitted). The amended complaint does not allege that Gentle cannot vote in the upcoming union election or seeks to run for an office. Ordered by Judge Ann M. Donnelly on 9/24/2021. (Mathew, Joshua)
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| Filing 18 RESPONSE in Opposition re #3 Emergency MOTION for Temporary Restraining Order Letter in Response to Belated Filing of Amended Complaint filed by Transport Workers Union, Local 100, Anthony Utano. (Schwartz, Arthur) |
| Filing 17 Letter supplement to oral argument by Todd Brown, Evangeline Byars, Donna Jones, dean gentle (Attachments: #1 Affidavit Johnnie Knowles) (Singla, Retu) |
| Filing 16 AMENDED COMPLAINT against All Defendants, filed by dean gentle, Evangeline Byars, Donna Jones, Todd Brown. (Attachments: #1 Declaration verification) (Singla, Retu) |
| Filing 15 AMENDED COMPLAINT red lined against All Defendants, filed by Evangeline Byars, Donna Jones, Todd Brown, dean gentle. (Singla, Retu) |
| Filing 14 Letter for supplemental briefing by John Samuelsen, Transport Workers Union of America (Engel, Denis) |
| Filing 13 RESPONSE to Motion re #4 Emergency MOTION for Order to Show Cause , #3 Emergency MOTION for Temporary Restraining Order TWU Local 100's and Tony Utano's, RESPONSE in Opposition re #3 Emergency MOTION for Temporary Restraining Order -Supplemental Letter including Request to Dismiss For Lack of Jurisdiction filed by Transport Workers Union, Local 100, Anthony Utano. (Attachments: #1 Exhibit N - 2009 Good Standing members Report, #2 Exhibit O - 2015 Good Standing Report, #3 Exhibit P -2018 Good Standing Report, #4 Exhibit Q- 2021 Good Standing Report, #5 Exhibit R - 2009 Eligibility Report) (Schwartz, Arthur) |
| Filing 12 NOTICE of Appearance by Denis A. Engel on behalf of John Samuelsen, Transport Workers Union of America (notification declined or already on case) (Engel, Denis) |
| Filing 11 Letter MOTION for Temporary Restraining Order by Transport Workers Union, Local 100, Anthony Utano. (Attachments: #1 Exhibit A - Patafio Decision, #2 Exhibit B - Colon, Davis and Cox Decision, #3 Exhibit C - Aldridge Decision, #4 Exhibit D - Weinfeld Decision, #5 Exhibit E - Valdes decision, #6 Exhibit F - Schwartz Email to Nicholas, #7 Exhibit G - Donna Jones Convention Delegate Disqual, #8 Exhibit H - Byars Disqual Notice, #9 Exhibit I - Byars Appeal Decision, #10 Exhibit J - Schwartz Memo of September 8, #11 Exhibit K - 9/9/21 Email Castro to Byars, #12 Exhibit L - 9/20/21 Email Schwartz to Byars, #13 Exhibit M - Brown Appeal Decision) (Schwartz, Arthur) |
| Filing 10 NOTICE of Appearance by Denis A. Engel on behalf of John Samuelsen, Transport Workers Union of America (aty to be noticed) (Engel, Denis) |
| Minute Entry for proceedings held before Judge Ann M. Donnelly: Hearing held on 9/21/2021 re #3 Motion for Temporary Restraining Order. Retu Singla and Jeanne Mirer appeared for the plaintiffs. Denis Engel appeared for the defendants Transport Workers Union of America and John Samuelsen, and Arthur Schwartz appeared for the defendants Transport Workers Union, Local 100 and Anthony Utano. Case called. Discussion held. Decision reserved. If a party wishes to file supplemental briefing, it is directed to file a letter, not to exceed three pages, on or before September 23, 2021. (Court Reporter Georgette Betts.) (Mathew, Joshua) |
| Filing 9 NOTICE of Appearance by Arthur Z. Schwartz on behalf of Transport Workers Union, Local 100, Anthony Utano (aty to be noticed) (Schwartz, Arthur) |
| Filing 8 NOTICE by Todd Brown, Evangeline Byars, Donna Jones re #5 Amended Complaint,,,, Appendix Complaint Verification of Evangeline Byars (Attachments: #1 Appendix Complaint Verification of Todd Brown, #2 Appendix Complaint Verification of Donna Jones) (Mirer, Jeanne) |
| Filing 7 NOTICE of Appearance by Retu Singla on behalf of Todd Brown, Evangeline Byars, Donna Jones (aty to be noticed) (Singla, Retu) |
| Filing 6 MEMORANDUM in Support re #4 Emergency MOTION for Order to Show Cause , #3 Emergency MOTION for Temporary Restraining Order filed by Todd Brown, Evangeline Byars, Donna Jones. (Mirer, Jeanne) |
| Filing 5 AMENDED COMPLAINT against Barbara Deinhardt, John Samuelsen, Transport Workers Union of America, Transport Workers Union, Local 100, Anthony Utano, filed by Evangeline Byars, Donna Jones, Todd Brown. (Attachments: #1 Exhibit 1: TWU Constitution, #2 Exhibit 1a: Local 100 Bylaws, #3 Exhibit 2: Anthony Utano Letter, #4 Exhibit 3: John Samuelsen Letter to Local 100, #5 Exhibit 4: Letter to Rosen, #6 Exhibit 5a: Byars DQ email, #7 Exhibit 5b: Brown DQ email, #8 Exhibit 5c: Jones DQ email, #9 Exhibit 6a: Reply to Elections Committee with Exhibits, #10 Exhibit 6b: Brown Reply to Elections Committee, #11 Exhibit 7a: Byars Eligibility, #12 Exhibit 8: Double Dues, #13 Exhibit 9: 2021 Election Rules, #14 Exhibit 10: Byars Affidavit, #15 Exhibit 11: Brown Castro Exoneration, #16 Exhibit 11a: Jones Castro Exoneration, #17 Exhibit 12: Proceed at Your Own Risk, #18 Exhibit 13: Dues Portal, #19 Exhibit 14: Deinhardt Decisions, #20 Exhibit 15: Byars Appeal to International Union, #21 Exhibit 16: Arthur Schwartz Letter) (Mirer, Jeanne) |
| Filing 4 Emergency MOTION for Order to Show Cause by Todd Brown, Evangeline Byars, Donna Jones. (Attachments: #1 Affidavit Affidavit of Evangeline Byars, #2 Affidavit Affidavit of Todd Brown, #3 Affidavit Affidavit of Donna Jones) (Mirer, Jeanne) |
| Filing 3 Emergency MOTION for Temporary Restraining Order by Todd Brown, Evangeline Byars, Donna Jones. (Mirer, Jeanne) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Todd Brown, Evangeline Byars, Donna Jones (Attachments: #1 Civil Cover Sheet) (Mirer, Jeanne) |
| Filing 1 COMPLAINT against Barbara Deinhardt, John Samuelsen, Transport Workers Union of America, Transport Workers Union, Local 100, Anthony Utano filing fee $ 402, receipt number ANYEDC-14851600 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Evangeline Byars, Donna Jones, Todd Brown. (Mirer, Jeanne) |
| Judge Ann M Donnelly and Magistrate Judge Sanket J. Bulsara randomly assigned. (Brown, Marc) |
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SCHEDULING ORDER: A hearing on the plaintiffs' motion for a temporary restraining order is scheduled for September 21, 2021 at 2:30 p.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 9/20/2021. (Mathew, Joshua)
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