Rivera v. The City of New York et al
| Matthew Rivera |
| The City of New York, Eric L. Adams, New York City Department of Health and Mental Hygiene, Dave A Chokshi, Consolidated Edison Company of New York, Inc. and Utility Workers Union of America, AFL-CIO, Local Union No. 1-2 |
| 1:2022cv00616 |
| February 2, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Peggy Kuo |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 24 MEMORANDUM in Opposition re #23 Reply in Support, #22 Memorandum in Support, #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #21 Affidavit in Support of Motion, filed by All Plaintiffs. (Weber, John) |
| Filing 23 REPLY in Support re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Devine, Kerri) |
| Filing 22 MEMORANDUM in Support re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Devine, Kerri) |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Attachments: #1 Exhibit EEO 317, #2 Exhibit Commissioner's Order, #3 Exhibit EEO 50, #4 Exhibit EEO 62) (Devine, Kerri) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Devine, Kerri) |
ORDER: The Court grants Plaintiff's #19 request on consent for an extension to the briefing schedule for the pending motion to dismiss. The Court adopts the schedule proposed by the parties: Plaintiff will serve the Opposition on or before 11/14/2022, and Defendant will serve their Reply on or before 12/4/2022. The Court further reiterates the following: as a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion has been fully briefed. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its own moving papers. Ordered by Judge Pamela K. Chen on 11/6/2022. (SK)
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| Filing 19 Letter Request on Consent by Matthew Rivera (Weber, John) |
| Filing 18 Letter by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York (Devine, Kerri) |
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ORDER: The request to adjourn the initial conference filed in the #17 Proposed Scheduling Order is granted. The initial conference previously scheduled for September 13, 2022 is adjourned sine die. The parties are directed to file a joint and completed copy of the Proposed Discovery Plan within thirty (30) days of a decision on any motion to dismiss if the motion is not fully granted. Ordered by Magistrate Judge Peggy Kuo on 8/25/2022. (O'Neil-Berven, Ryan)
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| Filing 17 Proposed Scheduling Order filed jointly with plaintiffs by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York (Devine, Kerri) Modified on 8/25/2022 to add motion to adjourn initial conference (O'Neil-Berven, Ryan). |
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ORDER: The Court is in receipt of the #17 joint letter. Defendants' motion shall be served on or before October 7, 2022; Plaintiffs' opposition shall be served on or before November 7, 2022; and Defendants' reply shall be served on or before November 21, 2022.As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion has been fully briefed. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its own moving papers.The parties' requests regarding discovery conferences and deadlines should be addressed to the Honorable Peggy Kuo, U.S.M.J. Ordered by Judge Pamela K. Chen on 8/24/2022. (Stephan, Keegan)
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ORDER: Defendants filed a request for a premotion conference on August 5, 2022. (Dkt. #16 .) Defendants' request specifically referenced Section 3(A) of this Court's Individual Practices and Rules, which states that, "[e]xcept for pro se litigants, all parties [served with a request for a premotion conference] shall serve and file a letter response,... within seven (7) days." (Id. at 1.; Judge Pamela K. Chen, Individual Practices and Rules, 3(A).) Despite this Court's Individual Practices and Rules and Plaintiffs being represented, they failed to file a response to Defendants' PMC request within the required time. Defendants' #16 PMC request is denied as unnecessary. Defendants are granted leave to file a motion to dismiss. On or before August 25, 2022, the parties shall submit a joint proposed briefing schedule for the motion. Ordered by Judge Pamela K. Chen on 8/17/2022. (Stephan, Keegan)
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| Filing 16 First MOTION for pre motion conference about defendants' anticipated motion to dismiss by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Devine, Kerri) |
| Filing 15 First MOTION for Extension of Time to File Answer or otherwise respond to the Amended Complaint by Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Devine, Kerri). Added MOTION to Adjourn Conference on 6/16/2022 (O'Neil-Berven, Ryan). |
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ORDER granting #15 Motion for Extension of Time to Answer. The deadline for defendants to answer or otherwise respond to the amended complaint is extended to August 5, 2022. The #15 Motion to Adjourn Conference is granted. The Initial Conference is adjourned to September 13, 2022 at 10:30 a.m. before Magistrate Judge Peggy Kuo. All counsel are required to attend. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court.By September 7, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 6/16/2022. (O'Neil-Berven, Ryan)
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| Filing 14 AMENDED Summons Issued as to Eric L. Adams, Dave A Chokshi, New York City Department of Health and Mental Hygiene, The City of New York. (Layne, Monique) (Main Document 14 replaced on 6/7/2022) (Layne, Monique). |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Matthew Rivera. (Attachments: #1 Exhibit EEO 317, #2 Exhibit EEO 316, #3 Exhibit DOHMH, #4 Proposed Summons) (Weber, John) |
| Filing 12 AFFIDAVIT of Service for May 3, 2022 Order on Letter Motion served on Defendants NYC, et al on 05/10/2022, filed by Matthew Rivera. (Prakope, Timothy) |
| Filing 11 First MOTION for Extension of Time to Amend Complaint, First MOTION for Extension of Time to Complete Discovery Fed. R. Civ. P. 26(f), First MOTION for Extension of Time to File Fed. R. Civ. P. 16(b) by Matthew Rivera. (Weber, John) Modified on 5/3/2022 to correct motion types (O'Neil-Berven, Ryan). |
| Filing 10 NOTICE of Voluntary Dismissal by Matthew Rivera Voluntary Dismissal of ConEd and Union (Weber, John) |
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ORDER: The #11 Motion for Leave to File an amended complaint is granted. Plaintiff is directed to file an amended complaint no later than June 2, 2022.The #11 Motion to Adjourn Conference is granted. The Initial Conference is adjourned to August 2, 2022 at 10:30 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. All counsel are required to attend.By July 18, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court.Plaintiff is directed to send a copy of this Order to Defendants and file proof of service by May 10, 2022. Ordered by Magistrate Judge Peggy Kuo on 5/3/2022. (O'Neil-Berven, Ryan)
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ORDER: Pursuant to the Scheduling Order entered on February 3, 2022, the parties were directed to file a joint proposed discovery plan on the docket by April 29, 2022. The parties have failed to comply with this Court order and are directed to file the outstanding discovery plan immediately. Ordered by Magistrate Judge Peggy Kuo on 5/2/2022. (O'Neil-Berven, Ryan)
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Filing 9
ORDER: For the reasons explained in the attached Memorandum & Order, the #8 "Motion for Order to Show Cause with TRO and Preliminary Injunction Request" is DENIED in its entirety. Ordered by Judge Pamela K. Chen on 2/4/2022. (Stephan, Keegan)
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| Filing 8 First MOTION for Order to Show Cause with TRO and Preliminary Injunction Request by Matthew Rivera. (Attachments: #1 Memorandum in Support, #2 Exhibit Plaintiff List, #3 Exhibit NYC EEO No. 317, #4 Exhibit NYC EEO No. 316, #5 Exhibit NYC DOHMH Order, #6 Exhibit OSHA Mandate, #7 Exhibit Mayor Adams Executive Order No. 1, #8 Exhibit Mandate Decisions to Stay, #9 Exhibit The HERO Act, #10 Exhibit 11/16/2021 Email from ConEd, #11 Exhibit 11/03/2021 Email from ConEd, #12 Exhibit SCOTUS Decision on OSHA, #13 Exhibit Client Statements, #14 Affidavit in Support John A. Weber IV, Esq. Attorney Aff., #15 Affidavit in Support Timothy B. Prakope, Esq. Aff. of Notice, #16 Letter requesting Oral Arguments) (Weber, John) |
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Filing 7
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on May 5, 2022 at 11:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By April 29, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/3/2022. (O'Neil-Berven, Ryan)
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| Filing 6 Summons Issued as to Eric L. Adams, Dave A Chokshi, Consolidated Edison Company of New York, Inc., New York City Department of Health and Mental Hygiene, The City of New York, Utility Workers Union of America, AFL-CIO, Local Union No. 1-2. (Layne, Monique) |
| Filing 5 Proposed Summons. by Matthew Rivera (Prakope, Timothy) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 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) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. 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) |
| Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT name needs to be updated., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 2 NOTICE of Appearance by Timothy Brian Prakope on behalf of All Plaintiffs (aty to be noticed) (Prakope, Timothy) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15254538 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Matthew Rivera. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons with Rider, #3 Exhibit Exhibit 1 - List of Plaintiffs, #4 Exhibit Exhibit 2 - NYC EEO No. 317, #5 Exhibit Exhibit 3 - NYC EEO No. 316, #6 Exhibit Exhibit 4 - DOHMH Order, #7 Exhibit Exhibit 5 - Texas District Court Decision, #8 Exhibit Exhibit 6 - 12/22/2021 Email from ConEd (Vaccine Deadlines), #9 Exhibit Exhibit 7 - 12/22/2021 Email from ConEd (acknowledgment of violation of NYC EEO No. 317)) (Weber, John) |
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