Nelson v. New York City Transit Authority, Department Of Buses (East New York Depot)
| Gerald Nelson |
| New York City Transit Authority, Department Of Buses (East New York Depot) and Transportation Workers Union Local 100 |
| 1:2022cv06112 |
| October 12, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 24 Letter MOTION for Leave to File Document re Request Request for Leave to File Motion to Dismiss by New York City Transit Authority, Department Of Buses (East New York Depot). (Attachments: #1 Certificate of Service) (Facchini, Rosanne) |
| Filing 23 AFFIDAVIT of Service for Judge's Individual Rules served December 6, 2022 served on Gerald Nelson on Certified Mail, filed by Transportation Workers Union Local 100. (Felder, Ethan) |
ORDER: The #22 request for a pre-motion conference is denied, because such conferences are not required when one or more parties are proceeding pro se. See Individual Rule of Practice IV.A.1. Defendant shall serve and file its motion to dismiss by 1/6/2023. Plaintiff shall serve and file a response by 2/6/2023. Defendant shall serve and file a reply, if any, by 2/20/2023. Ordered by Judge Rachel P. Kovner on 12/6/2022. (SDC)
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| Filing 22 First MOTION for pre motion conference by Transportation Workers Union Local 100. (Felder, Ethan) |
| Filing 21 NOTICE of Appearance by Ethan Michael Felder on behalf of Transportation Workers Union Local 100 (aty to be noticed) (Felder, Ethan) |
| Filing 20 SUMMONS Returned Executed by Gerald Nelson. Transportation Workers Union Local 100 served on 11/30/2022, answer due 12/21/2022. (IH) |
| Filing 19 Summons Issued as to Transportation Workers Union Local 100. (IH) |
| Filing 18 AMENDED COMPLAINT against New York City Transit Authority, Department Of Buses (East New York Depot), Transportation Workers Union Local 100, filed by Gerald Nelson. (IH) |
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Filing 17
ORDER: The Court held an initial conference in plaintiff's pro se Labor Management Relations Act (LMRA) case on October 27, 2022. This case was removed from Kings County Supreme Court on October 12, 2022. Defendant requested a premotion conference in anticipation of filing a motion to dismiss. As discussed on the record, in light of the allegations in plaintiff's complaint including reference to "breach by defendants Transport Workers Union of America... of its duty of fair representation owing to plaintiff," the Court affords plaintiff the chance to amend his complaint. Plaintiff shall file an amended complaint by November 28, 2022 and promptly serve process on any newly named defendant. Counsel for NYCTA has agreed to waive service of the amended complaint and shall receive the amended complaint by ECF. Defendant New York City Transit may again request a premotion conference if they intend to move against the amended complaint.As plaintiff mentioned a conversation with the Transit Authority about getting his job back prior to the case being filed in this Court, if there is any interest in settlement, the parties should alert my chambers and I would gladly schedule a conference. See attached Order. Ordered by Magistrate Judge Lois Bloom on 10/27/2022. (IK)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference Hearing held on 10/27/2022 (FTR Log #: 10:55 - 11:29.) (IK) |
| Filing 16 REPLY in Opposition to attached Defendants Motion to Dismiss filed by Gerald Nelson. (IH) |
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ORDER: An initial conference is scheduled to be held before Magistrate Judge Bloom on 10/27/2022. The parties are respectfully requested discuss the proposed motion to dismiss at that conference, at which Magistrate Judge Bloom may set a schedule for further proceedings in connection with the motion. Ordered by Judge Rachel P. Kovner on 10/20/2022. (de Carvalho, Simon)
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| Filing 15 CERTIFICATE OF SERVICE by New York City Transit Authority, Department Of Buses (East New York Depot) re #13 Letter, #14 Letter (Facchini, Rosanne) |
| Filing 14 Letter to Judge Bloom re Pre-Motion request to Judge Kovner by New York City Transit Authority, Department Of Buses (East New York Depot) (Facchini, Rosanne) |
| Filing 13 Letter to Judge Kovner re: Pre-Motion request by New York City Transit Authority, Department Of Buses (East New York Depot) (Attachments: #1 Notice of Motion to Dismiss {Proposed}, #2 Memorandum in Support of Motion to Dismiss {Proposed}) (Facchini, Rosanne) |
| Filing 12 CERTIFICATE OF SERVICE by New York City Transit Authority, Department Of Buses (East New York Depot) re #11 Notice of Appearance of Erin Conroy (Conroy, Erin) |
| Filing 11 NOTICE of Appearance by Erin Conroy on behalf of New York City Transit Authority, Department Of Buses (East New York Depot) (aty to be noticed) (Conroy, Erin) |
| Filing 10 CERTIFICATE OF SERVICE by New York City Transit Authority, Department Of Buses (East New York Depot) re #9 Notice of Appearance of Rosanne Facchini (Facchini, Rosanne) |
| Filing 9 NOTICE of Appearance by Rosanne Facchini on behalf of New York City Transit Authority, Department Of Buses (East New York Depot) (aty to be noticed) (Facchini, Rosanne) |
| Filing 8 CERTIFICATE OF SERVICE by New York City Transit Authority, Department Of Buses (East New York Depot) re #7 Scheduling Order,,,, / Order of United States Magistrate Judge Lois Bloom dated October 13, 2022 (Facchini, Rosanne) |
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Filing 7
ORDER: Defendant removed this Labor Management Relations Act case from Kings County Supreme Court, invoking this Courts federal question jurisdiction under 28 U.S.C. 1331. ECF No. 1. The Court shall hold the initial conference in pro se plaintiffs case on October 27, 2022 at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No planning conference pursuant to Rule 26(a) shall be required at this time. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Defendant shall respond to plaintiff's Complaint by October 19, 2022. Fed. R. Civ. P. 81(c)(2)(C). Defendant is directed to serve a copy of this Order on plaintiff and file proof of service forthwith. See attached Order. Ordered by Magistrate Judge Lois Bloom on 10/13/2022. (HY)
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| Filing 6 CERTIFICATE OF SERVICE by New York City Transit Authority, Department Of Buses (East New York Depot) (Court's Individual Rules) (Abramson, Neil) |
| Filing 5 CERTIFICATE OF SERVICE by New York City Transit Authority, Department Of Buses (East New York Depot) (Service of Notice of Filing of Removal Upon Pro Se Plaintiff and State Court) (Attachments: #1 Exhibit 1) (Abramson, Neil) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 2 Corporate Disclosure Statement by New York City Transit Authority, Department Of Buses (East New York Depot) (Abramson, Neil) |
| Filing 1 NOTICE OF REMOVAL by New York City Transit Authority, Department Of Buses (East New York Depot) from Supreme Court of the State of New York, County of Kings, case number 537/2022. ( Filing fee $ 402 receipt number ANYEDC-16026278) (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit C, #7 Civil Cover Sheet, #8 Certificate of Service) (Abramson, Neil) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Lois Bloom. 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. (KD) |
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