Byars et al v. Transport Workers Union of America et al
Plaintiff: Evangaline Byars
Defendant: Transport Workers Union of America, Transport Workers Union Local 100, John Samuelsen, Anthony Utano, Aquillino Castro, Angela Fonte, Ron Gregory, Arthur Schwartz and Barbara Deinhardt
Case Number: 1:2021cv05481
Filed: October 3, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Sanket J Bulsara
Referring Judge: James R Cho
2 Judge: Ann M Donnelly
3 Judge: Rachel P Kovner
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2021 Opinion or Order ORDER denying #14 Motion for Order to Show Cause and #17 Letter Requesting a Pre-Motion Conference. "A defendant may remove a civil action brought in state court to a federal court of original jurisdiction." Luby's Fuddruckers Rests., LLC v. Visa Inc., 342 F. Supp. 3d 306, 312 (E.D.N.Y. 2018). "The party asserting jurisdiction bears the burden of proving that jurisdiction and procedural requirements are met." Id. Here, the defendants argue that the plaintiff's action is removable because her claims "turn[ ] on interpretations of the provisions of the TWU Constitution" under Section 301 of the Labor Management Relations Act, 29 U.S.C. 185 ("LMRA"). (ECF No. 1 at 3.) However, the plaintiff only asserts causes of action arising under state law, including breach of contract; intentional infliction of emotional distress; negligent infliction of emotional distress and negligent hiring, retention and supervision. (ECF No. 1-1 at 18-21.) "Neither the 'mere presence' of a federal issue in a state cause of action nor the assertion of a federal interest is sufficient to confer federal jurisdiction." Belmont v. JetBlue Airways Corp., 401 F. Supp. 3d 348, 358 (E.D.N.Y. 2019) (citing Merrell Dow Pharm. Inc. v. Thompson, 478 U.S. 804, 813 (1986)). Moreover, even if the plaintiff's claim arose under Section 301 of the LMRA, this Court would lack jurisdiction. For federal jurisdiction to extend to the plaintiff's claim, the plaintiff must show that she "work[s] for an 'employer'--that is, an entity that is not a 'political subdivision of the State,' and [she] participate[s] 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 plaintiff does not allege that her employer is not a political subdivision of a state. On the contrary, the plaintiff is a train operator for the New York City Transit Authority. (ECF No. 15 at 1.) In a related case, the defendant Transport Workers Union, Local 100 ("Local 100") argued that this Court lacked jurisdiction over the public employee plaintiffs' Section 301 claim. (Byars et al. v. Transport Workers Union of America et al., 21-cv-5219, ECF Nos. 14, 18.) The defendants now argue that because the Local 100 represents both public and private employees, "[t]he existence of private sector employees in this matter cures the subject matter jurisdiction defect that was present in the originally filed complaint." (ECF No. 17 at 1-2; see also ECF No. 18 at 2.) However, a public employee cannot sue under the LMRA even if his or her local union represents both public and private employees. See Cunningham v. Loc. 30, Int'l Union of Operating Eng'rs, 234 F. Supp. 2d 383, 396 (S.D.N.Y. 2002). This position is consistent with the numerous decisions of district courts in this circuit holding that federal courts lack jurisdiction over LMRA claims of Local 100 members who are public employees. See, e.g., Ross v. Transp. Workers Union of Greater New York, AFL-CIO, No. 11-CV-9185, 2013 WL 6506203 (S.D.N.Y. Dec. 11, 2013) ("Because MTA Bus, a subsidiary of MTA, is a political subdivision of the State of New York, [the plaintiff who is a Local 100 member] may not sue under section 301."); see also Sales v. Clark, No. 14-CV-8091, 2017 WL 892609 (S.D.N.Y. Feb. 3, 2017), report and recommendation adopted sub nom. Sales v. TWU Loc. 100 Vice President Brian Clark, No. 14-CV-8091, 2017 WL 924239 (S.D.N.Y. Mar. 6, 2017); Miles v. T.W.U. 100, No. 97-CV-5636, 1998 WL 614149 (S.D.N.Y. Sept. 14, 1998), aff'd sub nom. Miles v. New York City Transit Auth., 182 F.3d 900 (2d Cir. 1999).For these reasons, the case is remanded to the Supreme Court of the State of New York, Kings County. The plaintiff's Motion for Order to Show Cause #14 and the defendants' Letter Requesting a Pre-Motion Conference #17 are denied as moot. The Clerk of the Court is directed to furnish the Clerk of the appropriate state court with a certified copy of this Order and close this case. Ordered by Judge Ann M. Donnelly on 10/8/2021. (Mathew, Joshua)
October 7, 2021 Filing 21 MEMORANDUM in Opposition re #1 Notice of Removal,, Letter Memo of LawOpposing Expedited Scheduling of Remand Motion filed by Transport Workers Union Local 100. (Attachments: #1 Exhibit Ex. A - Byars' Posting 9-24-21, #2 Exhibit Ex. B - Byars' 9-30-21 Posting) (Schwartz, Arthur)
October 7, 2021 Filing 20 REPLY in Opposition re #18 Response in Opposition to Motion,, and in further support of Motion to remand filed by Evangaline Byars. (Mirer, Jeanne)
October 7, 2021 Filing 19 REPLY in Opposition re #17 Letter for Pre-Motion Conference filed by Evangaline Byars. (Mirer, Jeanne)
October 7, 2021 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly and Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Rachel P. Kovner, Magistrate Judge James R. Cho no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 10/7/2021. (Bowens, Priscilla)
October 6, 2021 Filing 18 RESPONSE in Opposition re #14 Emergency MOTION for Order to Show Cause Declaration of Arthur Z. Schwartz filed by Transport Workers Union Local 100. (Attachments: #1 Exhibit Ex. A - Initial Complaint in 21 cv 5219, #2 Exhibit Ex. B - - First Amended Complaint in 21 cv 5219, #3 Exhibit Ex. C - Voluntary Dismissal, #4 Exhibit Ex. D - 2015 Award - Aldridge Disqualification, #5 Exhibit Ex. E - 2018 Award - Weinfeld Disqualification, #6 Exhibit Ex. F - Samuelsen Interpretation, #7 Exhibit Ex. G - Valdez Decision July 2021, #8 Exhibit Ex. H - Letter In Opposition Filed in 21-5219) (Schwartz, Arthur)
October 6, 2021 Filing 17 Letter Pre-motion conference letter by John Samuelsen, Transport Workers Union of America (Engel, Denis)
October 6, 2021 Filing 16 MEMORANDUM in Support re #14 Emergency MOTION for Order to Show Cause filed by Evangaline Byars. (Mirer, Jeanne)
October 6, 2021 Filing 15 AFFIDAVIT/AFFIRMATION re #14 Emergency MOTION for Order to Show Cause of Jeanne E. Mirer by Evangaline Byars (Attachments: #1 Exhibit 1: Notice of Removal and Complaint, #2 Exhibit 2: Local 100 Election Rules, #3 Exhibit 3: TWU Constitution, #4 Exhibit 4: Judge Donnelly Order) (Mirer, Jeanne)
October 6, 2021 Filing 14 Emergency MOTION for Order to Show Cause by Evangaline Byars. (Mirer, Jeanne)
October 5, 2021 Filing 13 NOTICE by John Samuelsen Consent to Removal (Engel, Denis)
October 5, 2021 Filing 12 NOTICE by Transport Workers Union of America Consent to removal (Engel, Denis)
October 5, 2021 Filing 11 NOTICE of Appearance by Denis A. Engel on behalf of Transport Workers Union of America (notification declined or already on case) (Engel, Denis)
October 4, 2021 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)
October 4, 2021 Filing 9 NOTICE by Barbara Deinhardt re #1 Notice of Removal,, Consent to Removal (Schwartz, Arthur)
October 4, 2021 Filing 8 NOTICE by Arthur Schwartz re #1 Notice of Removal,, Consent to Removal (Schwartz, Arthur)
October 4, 2021 Filing 7 NOTICE by Aquillino Castro, Angela Fonte, Ron Gregory, Anthony Utano re #1 Notice of Removal,, Consent to Removal (Schwartz, Arthur)
October 4, 2021 Filing 6 NOTICE of Appearance by Arthur Z. Schwartz on behalf of Aquillino Castro, Angela Fonte, Ron Gregory, Anthony Utano (notification declined or already on case) (Schwartz, Arthur)
October 4, 2021 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
October 4, 2021 Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
October 4, 2021 Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal,, by Aquillino Castro, Angela Fonte, Ron Gregory, Transport Workers Union Local 100, Anthony Utano (Schwartz, Arthur)
October 4, 2021 Filing 2 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Schwartz, Arthur)
October 4, 2021 Case Assigned to Judge Rachel P. Kovner and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
October 4, 2021 This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla)
October 3, 2021 Filing 1 NOTICE OF REMOVAL by Aquillino Castro, Angela Fonte, Ron Gregory, Transport Workers Union Local 100, Anthony Utano Complaint, Order to Show Cause and Supporting Documents ( Filing fee $ 402 receipt number ANYEDC-14896201) (Attachments: #1 Removal Action Complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit) (Schwartz, Arthur)

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Search for this case: Byars et al v. Transport Workers Union of America et al
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Plaintiff: Evangaline Byars
Represented By: Jeanne Ellen Mirer
Represented By: Retu Singla
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Defendant: Transport Workers Union of America
Represented By: Denis A. Engel
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Defendant: Transport Workers Union Local 100
Represented By: Arthur Z. Schwartz
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Defendant: John Samuelsen
Represented By: Denis A. Engel
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Defendant: Anthony Utano
Represented By: Arthur Z. Schwartz
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Defendant: Aquillino Castro
Represented By: Arthur Z. Schwartz
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Defendant: Angela Fonte
Represented By: Arthur Z. Schwartz
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Defendant: Ron Gregory
Represented By: Arthur Z. Schwartz
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Defendant: Arthur Schwartz
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Defendant: Barbara Deinhardt
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