Coley v. International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H et al
| James Coley |
| International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, Thomas Callahan, Robert Burns, Andrew Cullimore, Christopher Thomas and John McNamara |
| 1:2021cv05892 |
| October 22, 2021 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Vera M Scanlon |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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ORDER. The Court is in receipt of the letter at ECF No. #22 identifying a discovery dispute that arose after the close of fact discovery.On 5/19/2022, Plaintiffs served a document request for a "complete electronic 'dump'" of Defendants' computer systems and programs used for storing information about Defendants' members. See ECF No. #22 at 1; ECF No. 22-1 at 8. On 9/8/2022, Defendants "produced [the] database for the years 2020 up to the date of production." See ECF No. #22 at 1. Thereafter, the parties submitted two joint status reports, on 11/1/2022 and 5/16/2023, informing the Court that there were no outstanding discovery disputes. See ECF Nos. #15 and #20 . The Court held a status conference on 12/13/2022. Plaintiffs never raised a purported deficiency with the database production during that conference or at any other time until the recent filings.Fact discovery closed on 4/30/2023, at which time Plaintiffs had still not identified any deficiency with Defendants' discovery productions, including the database. On 6/1/2023, a month after the fact discovery deadline, Plaintiffs demanded that Defendants produce an updated database, arguing that they were under a continuing obligation to update the database production pursuant to FRCP 26(e). Also on 6/1/2023, Plaintiffs demanded that Defendants produce a version of the database that includes the members' birthdates or birth years.Plaintiffs now argue that Defendants should be compelled to produce an updated database as well as the birthdate information. Defendants oppose Plaintiffs' demands for additional fact discovery on the grounds that (1) the 6/1/2023 demand is untimely, and (2) Defendants are not obligated to produce an updated database under FRCP 26(e), because Defendants' "production of the database report was not incomplete or incorrect in any material respect." See ECF No. #22 at 2-3.The Court construes Defendants' opposition set forth in the ECF No. #22 letter as a request for a protective order, and grants Defendants' request. Defendants are not required to produce an updated version of the database or to produce the nonparty birthdate information. Plaintiffs seek sensitive personal identifying information about nonparties without meaningful justification for the nine-month delay in making the request or explaining why the requested birthdate information is necessary. Plaintiffs' allegation that Defendants failed to comply with the discovery request is not supported by the record and borders on a frivolous opposition to Defendants' protective order request. Plaintiffs have not identified a timely served discovery request specifically calling for birthdate information, and they never identified any purported deficiency during fact discovery. Plaintiffs also do not explain the relationship between the requested material and the proposed expert report.In light of the expert's vacation, and on consent, Plaintiffs' deadline to serve their affirmative expert report is extended to 6/22/2023. Defendants' corresponding deadline to serve a rebuttal expert report is extended to 7/21/2023. The deadline for completion of expert discovery remains 8/15/2023.The parties should be prepared to discuss settlement possibilities during today's conference. Ordered by Magistrate Judge Vera M. Scanlon on 6/13/2023. (GS)
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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Status Conference held on 6/13/2023. Michael G. O'Neill appearing for Plaintiff. Michael Anthony Gilman appearing for Defendants. (FTR Log #4:10-4:59.) (MG)
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Filing 23
Letter Objecting to Status Report (Doc. 22) by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas (Gillman, Michael)
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Filing 22
STATUS REPORT Regarding discovery dispute by James Coley (Attachments: #1 Exhibit) (O'Neill, Michael)
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ORDER granting #20 Motion to Adjourn Conference. In light of Plaintiff's counsel's travel plans, the 5/25/2023 Status Conference is rescheduled to 6/13/2023 at 4:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court is in receipt of the parties' status report letter at #21 stating that there are no pending discovery disputes. If any disputes emerge prior to the 6/13/2023 Status Conference, the parties will file a joint status letter, no more than three pages, on or before 6/6/2023.For the reasons given at #20 , the discovery schedule is amended as follows. Plaintiff will serve his expert report by 6/15/2023. Defendants will serve their expert report by 7/17/2023. All discovery, including expert depositions, will be completed by 8/15/2023, and the parties will file a joint letter certifying the close of all discovery by that same date. On or before 9/15/2023, any party commencing dispositive motion practice must do so in accordance with the Individual Rules of the presiding District Judge. If the parties do not commence motion practice, they will file a proposed Joint Pretrial Order by 10/16/2023. Ordered by Magistrate Judge Vera M. Scanlon on 5/18/2023. (MG)
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Filing 21
STATUS REPORT by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas (Gillman, Michael)
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Filing 20
MOTION to Adjourn Conference , MOTION for Extension of Time to File expert report by James Coley. (O'Neill, Michael)
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ORDER: In light of a conflict in the Court's schedule, the 5/4/2023 Status Conference is rescheduled to 5/25/2023 at 11:30 AM, to be held in-person in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The deadline to file a joint status report letter is extended to 5/16/2023. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2023. (MG)
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Filing 19
NOTICE of Appearance by April H. Pullium on behalf of All Defendants (notification declined or already on case) (Pullium, April)
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 2/10/2023. (GS)
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Filing 18
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16394732. by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas. (Attachments: #1 Affidavit in Support of Motion, #2 DC Certificate of Good Standing, #3 VA Certificate of Good Standing) (Pullium, April)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the 4/20/2023 in-person Status Conference is rescheduled for 5/4/2023 at 3:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The deadline to file a joint status report is extended to 4/25/2023. Ordered by Magistrate Judge Vera M. Scanlon on 1/19/2023. (GS)
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SCHEDULING ORDER: An in-person Status Conference is set for 4/20/2023 at 4:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 4/11/2023, the parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 12/22/2022. (GS)
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ORDER granting #17 Motion for Extension of Time to Complete Discovery. The parties will complete fact discovery by 4/30/2023. Plaintiff will serve his expert report by 5/30/2023. Defendants will serve their expert report by 6/30/2023. All discovery, including expert depositions, will be completed by 7/31/2023, and the parties will file a joint letter certifying the close of all discovery by that same date. On or before 8/31/2023, any party commencing dispositive motion practice must do so in accordance with the Individual Rules of the presiding District Judge. If the parties do not commence motion practice, they will file a proposed Joint Pretrial Order by 9/29/2023. Ordered by Magistrate Judge Vera M. Scanlon on 12/22/2022. (GS)
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Filing 17
Joint MOTION for Extension of Time to Complete Discovery by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas. (Gillman, Michael)
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ORDER. On or before 12/20/2022, counsel are to submit a joint agreed-upon proposed final discovery schedule for the Court's consideration as discussed during the 12/13/2022 conference. The letter must include dates certain for the proposed depositions. Upon receipt, the Court will set a date for a letter confirming the close of discovery, dispositive motion practice and a JPTO. Counsel should not expect any additional extensions absent good cause shown by unforeseeable circumstances. Counsel are encouraged to continue their settlement discussions. Ordered by Magistrate Judge Vera M. Scanlon on 12/14/2022. (JR)
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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 12/13/2022. Michael G. O'Neill appearing on behalf of Plaintiff. Michael Anthony Gillman appearing on behalf of Defendants. See separate docket entry for Order. (FTR Log #2:39-2:53.) (JR)
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ORDER. The Court is in receipt of the letter at #16 . The upcoming conference is on 11/7/2022, not 11/8/2022. Counsel submitted this letter on 11/4/2022 for the 11/7/2022 conference although the conference has been scheduled since 9/20/2022. Counsel is expected to request any future adjournments in a timely fashion, or they will be denied absent an emergency. The 11/7/2022 Telephone Conference is rescheduled for 12/13/2022 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. Counsel are expected to comply with the 1/6/2022 scheduling order. During the 12/13/2022 conference, counsel will be expected to discuss settlement possibilities. Ordered by Magistrate Judge Vera M. Scanlon on 11/6/2022. (GS)
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Filing 16
Consent MOTION to Adjourn Conference by James Coley. (O'Neill, Michael)
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Filing 15
STATUS REPORT by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas (Gillman, Michael)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Telephone Conference scheduled for 11/7/2022 at 12:00 PM is rescheduled to 11/7/2022 at 11:45 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. The parties are reminded to file their joint status report letter by 11/1/2022. See Order dated 8/23/2022. Ordered by Magistrate Judge Vera M. Scanlon on 10/25/2022. (GS)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the 11/9/2022 Telephone Conference is rescheduled for 11/7/2022 at 12:00 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. The parties are reminded to file their joint status report letter by 11/1/2022. See Order dated 8/23/2022. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2022. (Scully, Nicole)
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SCHEDULING ORDER: In light of the parties' #14 Status Report stating they currently do not have any discovery issues to raise with the Court, the 8/23/2022 Telephone Conference is rescheduled for 11/9/2022 at 3:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. On or before 11/1/2022, the parties are to file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 8/23/2022. (Scully, Nicole)
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Filing 14
STATUS REPORT by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas (Gillman, Michael)
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SCHEDULING ORDER: In light of the parties' #13 Status Report stating they currently do not have any discovery issues to raise with the Court, the 7/12/2022 Telephone Conference is rescheduled for 8/23/2022 at 3:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. On or before 8/16/2022, the parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 7/6/2022. (Scully, Nicole)
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Filing 13
STATUS REPORT by James Coley (O'Neill, Michael)
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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephonic Initial Conference Hearing held on 1/6/2022. Michael G. O'Neill appearing for Plaintiff. Michael Anthony Gillman appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:05-3:33.) (Scully, Nicole)
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SCHEDULING ORDER: As discussed at the 1/6/2022 Telephonic Initial Conference, the proposed scheduling order at #12 is adopted. All discovery must be completed by 3/3/2023. On or before 3/6/2023, the parties will file a joint status report letter confirming that discovery is complete. On or before 4/5/2023, the parties will initiate any dispositive motion practice in accordance with the Individual Rules of the District Judge, or file their joint Proposed Pretrial Order.A Telephone Conference is set for 7/12/2022 at 3:30 PM before Magistrate Judge Vera M. Scanlon to discuss the status of discovery and whether the parties anticipate needing expert discovery. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. On or before 7/5/2022, the parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes.The parties are encouraged to consider settlement possibilities. If the parties would like a referral to Court-annexed mediation, they should submit to the Court a joint request for a referral to the mediation program. Ordered by Magistrate Judge Vera M. Scanlon on 1/6/2022. (Scully, Nicole)
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Filing 12
Proposed Scheduling Order by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas (Gillman, Michael)
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Filing 11
Proposed Scheduling Order by James Coley (O'Neill, Michael)
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ORDER granting #10 Joint Motion for Extension of Time to File the parties' joint proposed scheduling order through and including 1/4/2022. The 1/4/2022 Telephonic Initial Conference is rescheduled for 1/6/2022 at 3:00 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 12/29/2021. (Scully, Nicole)
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Filing 10
MOTION for Extension of Time to File Joint Proposed Scheduling Order by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas. (Gillman, Michael)
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Filing 9
ORDER: As set forth in the attached Order, a Telephonic Initial Conference is scheduled for 1/4/2022 at 10:30 AM before Magistrate Judge Scanlon. The parties must complete the attached joint proposed scheduling order and file on ECF no later than 12/28/2021. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 12/10/2021. (Lozar, Ryan) (Main Document 9 replaced on 12/10/2021) (Lozar, Ryan).
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Filing 8
ANSWER to #1 Complaint, by All Defendants. (Gillman, Michael)
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Filing 7
NOTICE of Appearance by Michael Anthony Gillman on behalf of All Defendants (notification declined or already on case) (Gillman, Michael)
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ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2021. (Scully, Nicole)
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Filing 6
MOTION to Appear Pro Hac Vice on behalf of all Defendants Filing fee $ 150, receipt number ANYEDC-15080243. by Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas. (Attachments: #1 Affidavit Affidavit of Michael Gillman in Support of Motion, #2 Exhibit Certificate of Good Standing State Bar of Florida, #3 Exhibit Certificate of Good Standing District of Columbia Bar) (Gillman, Michael)
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Filing 5
Summons Issued as to Robert Burns, Thomas Callahan, Andrew Cullimore, International Union of Operating Engineers Local 15, 15A, 15B, 15C, 15D and 15H, John McNamara, Christopher Thomas. (Davis, Kimberly)
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Filing 4
Proposed Summons. by James Coley (O'Neill, Michael)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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Filing 2
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. (Davis, Kimberly)
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Filing 1
COMPLAINT and Jury Demand against All Defendants filing fee $ 402, receipt number ANYEDC-14959787 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by James Coley. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons) (O'Neill, Michael)
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Case Assigned to Judge Ann M Donnelly and Magistrate Judge Vera M. Scanlon. 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. (Davis, Kimberly)
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Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the One (1)summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
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