Drew-King v. Amazon.com Services LLC
| Kathy Drew-King |
| Amazon.com Services LLC |
| Make the Road New York |
| 1:2022cv01479 |
| March 17, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Diane Gujarati |
| Labor: Labor/Mgt. Relations |
| None |
Docket Report
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| Filing 36 TRANSCRIPT of Proceedings held on April 18, 2022, before Judge Bulsara. Court Reporter/Transcriber Opti-Script, Inc., Telephone number 800-494-7500. Email address: production@opti-script.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/22/2022. Release of Transcript Restriction set for 7/20/2022. (Hong, Loan) |
| Filing 35 Letter regarding Issuance of ALJ Decision by Kathy Drew-King (Attachments: #1 Exhibit Administrative Law Judge Decision) (Cox, Evamaria) |
MINUTE ENTRY AND ORDER: A status conference was held on 4/18/2022 before Magistrate Judge Sanket J. Bulsara. Counsel for all parties were present. The motion to compel #34 the production of documents is denied for the reasons stated on the record. The motion to compel the spreadsheet to be produced by Petitioner is denied as moot for the reasons stated on the record. The deadline to complete all discovery is extended to 5/25/2022. Respondent should inform Petitioner by 5/4/2022 if it intends to offer any declarations. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/18/2022. (FTR Log: 1:56 - 3:34 P.M.) (Bruckner, Ian)
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SCHEDULING ORDER: A status conference will be held on 4/18/2022 at 2:00 P.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/16/2022. (Bruckner, Ian)
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| Filing 34 Letter Joint Letter to Judge re Discovery Disputes by Amazon.com Services LLC (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (Murphy, Christopher) |
| Filing 33 Letter Joint Letter re: Settlement Conference by Amazon.com Services LLC (Murphy, Christopher) |
| Filing 32 RESPONSE to Motion re #30 Letter MOTION for Leave to File Document Amicus Curiae Brief filed by Amazon.com Services LLC. (Murphy, Christopher) |
| Filing 31 TRANSCRIPT of Proceedings held on March 30, 2022, before Judge Bulsara. Court Reporter/Transcriber Opti-Script, Inc., Telephone number 800-494-7500. Email address: production@opti-script.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/22/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/30/2022. (Hong, Loan) |
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MINUTE ENTRY AND ORDER: A status conference was held on 3/30/2022 before Magistrate Judge Sanket J. Bulsara. Counsel for all parties were present. The parties may take discovery consistent with the parameters set forth on the record. Respondent must submit the names of any affiants it will rely on for evidentiary purposes to Petitioner by 4/4/2022 and must submit any such affidavits by 4/8/2022. The parties are directed to file a joint letter by 4/8/2022 indicating whether they believe a settlement conference would be fruitful. The parties are directed to file a joint letter by 4/15/2022 explaining the nature of any discovery disputes that require Court intervention. If any discovery dispute arises, a status conference will be held on 4/18/2022 at 2:00 P.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. The deadline to complete all discovery related to the motion for a preliminary injunction #5 is 5/2/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/30/2022. (Log: 3:01 - 4:53 P.M.) (Bruckner, Ian)
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| Filing 30 Letter MOTION for Leave to File Document Amicus Curiae Brief by Make the Road New York. (Attachments: #1 Proposed Amicus Brief, #2 Proposed Amicus Brief Exhibits) (Kearl, Frank) |
| Filing 29 Letter Joint Discovery Letter by Kathy Drew-King (Cox, Evamaria) |
| Filing 28 DECLARATION of Christopher J. Murphy by Amazon.com Services LLC (Attachments: #1 Exhibit 1 - Declaration of Christopher O'Malley) (Murphy, Christopher) |
| Filing 27 DECLARATION of Christopher J. Murphy and Supplemental Proffer of Evidence by Amazon.com Services LLC (Attachments: #1 Exhibit A (NLRB Responses to ABA)) (Murphy, Christopher) |
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ORDER: In connection with Petitioner's request for temporary injunctive relief, Respondent has requested discovery. See, e.g., ECF Nos. 18, 20, and 27. The Court grants the request in part, limited to the issue of whether the injunctive relief sought by Petitioner is just and proper. The parties are referred to Magistrate Judge Sanket J. Bulsara for discovery management. Ordered by Judge Diane Gujarati on 3/24/2022. (Almonte, Kelly)
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ORDER: The Court will hold an in-person status conference to discuss discovery in this case on 3/30/2022 at 3:00 P.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. By no later than 5:00 P.M. on 3/29/2022, the parties will provide a joint schedule for the completion of discovery related to the issue identified by Judge Gujarati. The proposal should indicate both what discovery each side contemplates taking and the deadlines for completion of that discovery. If the parties cannot agree on the parameters or schedule of discovery, they may submit competing proposals in the joint letter, which should not exceed 5 pages in length, double-spaced. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/24/2022. (Bruckner, Ian) Modified bold type on 3/24/2022 (Bruckner, Ian)
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| Filing 26 Minute Order for proceedings held before Judge Diane Gujarati: Oral argument on Petitioner's request for injunctive relief held on March 23, 2022 at 3:00 p.m. Matthew Jackson and Evamaria Cox appeared on behalf of Petitioner. Christopher J. Murphy and Richard G. Rosenblatt appeared on behalf of Respondent. Case called. Argument held. As set forth on the record, the Court granted Respondent's #25 request for leave to file its [25-1] sur-reply. Further, the Court afforded Respondent the opportunity to file affidavits, if any, consistent with the discussion held on the record, by March 24, 2022 at 9:00 a.m. (Court Reporter Denise Parisi) (Almonte, Kelly) |
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ORDER: The Motion for Leave to Appear Pro Hac Vice #23 by attorney Matthew A. Jackson is hereby granted. 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. Pursuant to Local Rule 1.3(c), the admission fee requirement is waived. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/23/2022. (Bruckner, Ian)
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ORDER: The Motion for Leave to Appear Pro Hac Vice #24 by attorney Evamaria Cox is hereby granted. 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. Pursuant to Local Rule 1.3(c), the admission fee requirement is waived. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/23/2022. (Bruckner, Ian)
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| Filing 25 MOTION for Leave to File Document (Sur-Reply) by Amazon.com Services LLC. (Attachments: #1 Exhibit 1 (Sur-Reply)) (Murphy, Christopher) |
| Filing 24 MOTION to Appear Pro Hac Vice (Evamaria Cox) by Kathy Drew-King. (Herrera, Isaiah) |
| Filing 23 MOTION to Appear Pro Hac Vice (Matthew A. Jackson) by Kathy Drew-King. (Herrera, Isaiah) |
| Filing 22 Consent MOTION to Appear Pro Hac Vice for respondent Amazon.com Services LLC Filing fee $ 150, receipt number ANYEDC-15398093. by Amazon.com Services LLC. (Attachments: #1 Affidavit of Kelcey J. Phillips in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - D.C., #3 Proposed Order Granting Admission Pro Hac Vice) (Phillips, Kelcey) |
| Filing 21 REPLY in Opposition re #20 Memorandum in Opposition filed by Kathy Drew-King. (Attachments: #1 Administrative Record Exhibit F, Exhibits entered in Administrative Hearing) (Cox, Evamaria) |
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SCHEDULING ORDER -- Oral argument on Petitioner's request for injunctive relief will be held at 3:00 p.m. on March 23, 2022. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 3/22/2022. (Almonte, Kelly)
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| Filing 20 MEMORANDUM in Opposition re #7 Pretrial Memorandum filed by Amazon.com Services LLC. (Attachments: #1 Exhibit A - Post-Hearing Brief of Respondent Amazon.com Services LLC filed with the NLRB) (Schwarz, Douglas) |
| Filing 19 Letter dated March 21, 2022 from Douglas T. Schwarz to The Hon. Diane Gujarati regarding the filing of a corrected version of its Memorandum of Law In Response To Petitioner's Memorandum of Points and Authorities for Temporary Injunction by Amazon.com Services LLC, Kathy Drew-King (Schwarz, Douglas) |
| Filing 18 MEMORANDUM in Opposition re #5 MOTION for Preliminary Injunction Petition for Temporary Injunction filed by Amazon.com Services LLC. (Schwarz, Douglas) |
| Filing 17 MEMORANDUM in Opposition re #5 MOTION for Preliminary Injunction Petition for Temporary Injunction filed by Amazon.com Services LLC. (Attachments: #1 Exhibit A - Post-Hearing Brief Of Respondent Amazon.com Services LLC filed with the NLRB) (Schwarz, Douglas) |
| Filing 16 ANSWER to #1 Complaint,, by Amazon.com Services LLC. (Schwarz, Douglas) |
| Filing 15 Consent MOTION to Appear Pro Hac Vice for Respondent Amazon.com Services LLC Filing fee $ 150, receipt number ANYEDC-15393120. by Amazon.com Services LLC. (Attachments: #1 Affidavit of Richard G. Rosenblatt in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - Pennsylvania, #3 Certificate of Good Standing - New Jersey, #4 Proposed Order Granting Admission Pro Hac Vice) (Rosenblatt, Richard) |
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ORDER: The Motion for Leave to Appear Pro Hac Vice #15 by attorney Richard G. Rosenblatt is hereby granted. 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. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/21/2022. (Bruckner, Ian)
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ORDER -- Petitioner is directed to file a reply brief, not to exceed ten double-spaced pages, by 12:00 p.m. on March 22, 2022. Ordered by Judge Diane Gujarati on 3/21/2022. (Almonte, Kelly)
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| Filing 14 Minute Entry for proceedings held before Judge Diane Gujarati: Conference on Petitioner's request for injunctive relief held on March 18, 2022 at 5:00 p.m. Matthew Jackson and Evamaria Cox appeared on behalf of Petitioner. Christopher J. Murphy and Douglas T. Schwartz appeared on behalf of Respondent. Case called. Discussion held. Respondent was directed to file its opposition brief by 5:00 p.m. on March 21, 2022. (Court Reporter Jennifer Thun) (Almonte, Kelly) |
| Filing 13 Consent MOTION to Appear Pro Hac Vice by Christopher J. Murphy for Amazon.com Services LLC Filing fee $ 150, receipt number ANYEDC-15391150. by Amazon.com Services LLC. (Attachments: #1 Affidavit of Christopher J. Murphy in Support of Motion for Pro Hac Vice Admission and Certificate of Good Standing, #2 Proposed Order) (Murphy, Christopher) |
| Filing 12 REPLY in Opposition re #11 Letter Requesting Extension of Time filed by Kathy Drew-King. (Cox, Evamaria) |
| Filing 11 Letter dated March 18, 2022 from Douglas T. Schwarz to Hon. Diane Gujarati by Amazon.com Services LLC (Schwarz, Douglas) |
| Filing 10 NOTICE of Appearance by Douglas T. Schwarz on behalf of Amazon.com Services LLC (aty to be noticed) (Schwarz, Douglas) |
| Filing 9 CERTIFICATE OF SERVICE by Kathy Drew-King re Order,, Directing Respondent to File a Response (Cox, Evamaria) |
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SCHEDULING ORDER -- The Court will hold a teleconference at 5:00 p.m. on March 18, 2022 to address the injunctive relief sought by Petitioner through her various submissions filed on March 17, 2022. The Court intends to set a schedule for further briefing at the conference. The Court does not intend to resolve the merits of Petitioners request for injunctive relief at the conference. Respondent need not file any response to Petitioners various submissions before the conference. Should Respondent wish, however, to make any submission in advance of the conference, it shall do so by 4:00 p.m. on March 18, 2022. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 3/18/2022. (Almonte, Kelly) Modified on 3/18/2022 to correct docket text. (Almonte, Kelly)
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ORDER: The Motion for Leave to Appear #13 Pro Hac Vice by attorney Christopher J. Murphy is hereby granted. 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. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/18/2022. (Bruckner, Ian)
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| Filing 8 CERTIFICATE OF SERVICE by Kathy Drew-King re #5 MOTION for Preliminary Injunction Petition for Temporary Injunction, #1 Complaint,, #6 Proposed Pretrial Order, #2 MOTION for Order to Show Cause , #7 Pretrial Memorandum (Cox, Evamaria) |
| Filing 7 PRETRIAL MEMORANDUM by Kathy Drew-King (Cox, Evamaria) |
| Filing 6 Proposed Pretrial Order Proposed Order Granting Temporary Injunction by Kathy Drew-King (Cox, Evamaria) |
| Filing 5 MOTION for Preliminary Injunction Petition for Temporary Injunction by Kathy Drew-King. (Attachments: #1 Administrative Record Exhibit E, Administrative Transcript, #2 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #3 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #4 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #5 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #6 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #7 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #8 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #9 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #10 Administrative Record Exhibit Fi, Exhibits entered in Administrative Hearing, #11 Administrative Record Exhibit Fii, Exhibits entered in Administrative Hearing, #12 Administrative Record Exhibit Fii, Exhibits entered in Administrative Hearing, #13 Administrative Record Exhibit Fiii, Exhibits entered in Administrative Hearing, #14 Affidavit Exhibit Gi, Affidavit of Gerald Bryson, #15 Affidavit Exhibit Gii, Affidavit of Derrick Palmer, #16 Affidavit Exhibit Gii, Affidavit of Tristan Martinez, #17 Affidavit Exhibit Giv, Affidavit of Christian Smalls) (Cox, Evamaria) (Additional attachment(s) added on 3/18/2022: #18 Exhibit F (1) GC Ex. 60-76, #19 Exhibit F(i) GC Ex. 84(b)- 113, #20 Exhibit F(i) GC Ex. 118) Modified on 3/18/2022 to include additional exhibits. (Almonte, Kelly) |
| 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) |
| Filing 2 MOTION for Order to Show Cause by Kathy Drew-King. (Cox, Evamaria) Modified on 3/17/2022 (Bowens, Priscilla). |
| Filing 1 COMPLAINT Petition for Temporary Injunction against Amazon.com Services LLC Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Kathy Drew-King. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Declaration Declaration in Support of Petition for Temporary Injunction) (Cox, Evamaria) (Additional attachment(s) added on 3/17/2022: #6 Civil Cover Sheet) (Bowens, Priscilla). Modified on 3/17/2022 (Bowens, Priscilla). |
| Case Assigned to Judge Diane Gujarati and Chief Magistrate Cheryl L. Pollak. 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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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Chief Magistrate Cheryl L. Pollak 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 3/17/2022. (Bowens, Priscilla)
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ORDER re #2 MOTION for Order to Show Cause filed by Kathy Drew-King and #5 MOTION for Preliminary Injunction Petition for Temporary Injunction filed by Kathy Drew-King -- Respondent is directed to file a response to #2 , #5 by March 18, 2022 at 3:00 p.m. Petitioner shall serve a copy of this Order on Respondent forthwith and shall file proof of such service via ECF by 9:00 p.m. today. Ordered by Judge Diane Gujarati on 3/17/2022. (Almonte, Kelly)
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