Poor v. Starbucks Corporation
Teresa Poor |
Starbucks Corporation |
Workers United, Justin Wooster, Joselyn Chuquillanqui and David Saff |
1:2022cv07255 |
November 30, 2022 |
US District Court for the Eastern District of New York |
James R Cho |
Allyne R Ross |
Labor: Labor/Mgt. Relations |
None |
Docket Report
This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Minute Entry for Motion Hearing held on 1/27/2023 before Magistrate Judge James R. Cho. Appearances by counsel for Petitioner National Labor Relations Board (Board); Starbucks Corporation (Respondent); Workers United and David Saff (collectively, Union); and Justin Wooster and Joselyn Chuquillanqui (collectively, Workers). Argument heard on letter motions to quash [53, 54]. The Court grants the request by the Union and Workers for full briefing on the anticipated motions to quash [53, 54], and otherwise denies the motions without prejudice as moot pending full briefing on the anticipated motions. The Court entered the following schedule:(1) By 1/30/2023, Respondent shall file a letter informing the parties whether it withdraws in part or otherwise modifies the at-issue subpoenas. (2) By 2/1/2023, the Board is granted leave to file an amended motion to quash. The Board shall file a status report if it does not anticipate filing an amended motion.(3) By 2/1/2023, the Union and Workers shall file their motion to quash.(4) By 2/8/2023, Respondent shall file its opposition to all pending motions to quash. (The previous deadline of 1/27/2023 for Respondent's opposition is adjourned.)(5) By 2/10/2023, the Union, Workers, and Board may file a reply in support of their motion to quash.The Union and Workers need not produce a privilege log at this time. The 2/3/2023 status conference is adjourned sine die.The Court extends the discovery deadline to 2/10/2023. (FTR Log #1:20-2:00.) (SG) |
Filing 55 RESPONSE to Motion re #53 Letter MOTION to Quash , #54 Letter MOTION to Quash Starbucks' Subpoenas filed by Starbucks Corporation. (Hiller, Jeffrey) |
Filing 54 Letter MOTION to Quash Starbucks' Subpoenas by Joselyn Chuquillanqui, Justin Wooster. (Attachments: #1 Exhibit A, #2 Exhibit B) (Harris, Jessica) |
Filing 53 Letter MOTION to Quash by David Saff, Workers United. (Gallo, Cristina) |
Filing 52 MOTION for Discovery Cutoff Adjournment by Starbucks Corporation. (Mendelson, Jedd) |
Filing 51 Letter - Joint Letter re Motion to Quash by Workers United, David Saff (Gallo, Cristina) |
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Filing 50 NOTICE of Appearance by Jessica E. Harris on behalf of Joselyn Chuquillanqui, Justin Wooster (aty to be noticed) (Harris, Jessica) |
Filing 49 NOTICE of Appearance by Rachel S. Paster on behalf of Workers United (aty to be noticed) (Paster, Rachel) |
Filing 48 NOTICE of Appearance by Marie Barnes Hahn on behalf of Workers United (aty to be noticed) (Hahn, Marie) Modified on 1/19/2023 (IH). |
Filing 47 NOTICE of Appearance by Cristina E. Gallo on behalf of Workers United (aty to be noticed) (Gallo, Cristina) Modified on 1/19/2023 (IH). |
Filing 46 MOTION to Quash Attorney Affirmation in Support of Petitioner's Motion to Quash Subpoenas by Teresa Poor. (Attachments: #1 Memorandum in Support of Petitioner's Motion to Quash Subpoenas, #2 Notice of Motion re Petitioner's Motion to Quash Subpoenas) (Jackson, Matthew) |
Filing 45 TRANSCRIPT of Proceedings held on January 5, 2023, before Judge Cho. Court Transcriber: Superior Reporting Services LLC. Email address: transcripts@superiorreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court 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 2/3/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/13/2023. (RC) |
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Filing 43 Letter Regarding Non-Party Subpoenas Served on Justin Wooster and Joselyn Chuquillanqui by Justin Wooster, Joselyn Chuquillanqui (Harris, Jessica) |
Filing 42 Letter to Court Re Forthcoming Objections Motion by Workers United (Harris, Jessica) |
Filing 41 Letter Letter to Judge Cho regarding Third Party Subpoenas by Workers United (Gallo, Cristina) |
Filing 40 Letter Joint Letter regarding Motion to Quash Subpoenas by Teresa Poor (Jackson, Matthew) |
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Filing 39 NOTICE of Appearance by Brittany Stepp on behalf of Starbucks Corporation (notification declined or already on case) (Stepp, Brittany) |
Filing 38 AFFIDAVIT/AFFIRMATION Motion to Appear Pro Hac Vice - Kadela by Starbucks Corporation (Kadela, David) |
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Filing 37 AFFIDAVIT/AFFIRMATION re #35 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16286695. Notarized Affidavit by Starbucks Corporation (Stepp, Brittany) |
Filing 36 MOTION for Protective Order by Starbucks Corporation. (Mendelson, Jedd) |
NOTICE re Dkt. #35 Pro Hac Vice: Pursuant to Local Rule 1.3(c), an attorney seeking to be admitted pro hac vice must file an affidavit in support of their motion that is notarized. Counsel shall file a revised affidavit forthwith. (SG) |
Filing 35 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16286695. by Starbucks Corporation. (Attachments: #1 Affidavit, #2 Good Standing Certificates - BStepp, #3 Proposed Order) (Stepp, Brittany) |
Filing 34 NOTICE of Appearance by Jeffrey S. Hiller on behalf of Starbucks Corporation (notification declined or already on case) (Hiller, Jeffrey) |
Filing 33 NOTICE of Appearance by David A. Kadela on behalf of Starbucks Corporation (notification declined or already on case) (Kadela, David) |
Filing 32 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16283011. by Starbucks Corporation. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Ohio Certificate of Good Standing, #3 Exhibit North Carolina Certificate of Good Standing, #4 Exhibit Georgia Certificate of Good Standing, #5 Exhibit Order) (Hiller, Jeffrey) |
Filing 31 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16282972. by Starbucks Corporation. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Exhibit Order) (Kadela, David) |
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MINUTE ENTRY for Discovery Conference proceedings held on 1/5/2023 before Magistrate Judge James R. Cho. Appearances by Matthew A. Jackson for petitioner; Jedd Mendelson for respondent. Parties have been unable to reach an agreement on a proposed protective order and have submitted for the Court's review competing protective orders [28, 29]. Discussion regarding paragraph 4 of the parties' proposed protective orders. Findings made on the record. Parties have agreed to provide for an initial production of documents with the names of individuals redacted, unless that individual has previously self-identified his or her views on unionization. An unredacted set of documents shall be produced for attorneys' eyes only. If any party seeks to lift the attorneys' eyes only designation for certain documents (i.e., seek to unredact certain names), parties shall meet and confer first; if they are unable to resolve their dispute, parties may seek relief from the Court.For the reasons stated on the record, the Court denies the parties' motions [28, 29]. By 1/10/2023, parties shall file a revised joint proposed protective order. The Court does not require the parties to include "contempt of Court" language in the proposed order. Petitioner has requested that respondent produce any signed "Exhibit A" acknowledgment forms.For the reasons stated on the record, the Court grants respondent's unopposed motion to extend the discovery schedule. By 2/1/2023, parties shall complete all discovery, including depositions. The in-person status conference scheduled for 1/26/2023 is adjourned to 2/3/2023 at 10:00 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Parties should come prepared to confirm that they have completed discovery. (AT&T Conference Bridge.) (LS) |
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Filing 30 TRANSCRIPT of Proceedings held on December 26, 2022, before Judge Cho. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: RL.Transcriptions2@gmail.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 1/24/2023. Redacted Transcript Deadline set for 2/3/2023. Release of Transcript Restriction set for 4/3/2023. (LH) |
Filing 29 MOTION for Protective Order Letter in Support of Protective Order with Exhibits by Starbucks Corporation. (Mendelson, Jedd) |
Filing 28 MOTION for Protective Order Letter enclosing Petitioner's Proposed Protective Order by Teresa Poor. (Attachments: #1 Proposed Order Protective Order) (Jackson, Matthew) |
Filing 27 Letter re. Advancement of Protective Order by Starbucks Corporation (Mendelson, Jedd) |
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Filing 26 Letter Joint - Addressing Disputes re Protective Order by Starbucks Corporation (Mendelson, Jedd) |
Filing 25 Letter re Submission of Protective Order by Starbucks Corporation (Mendelson, Jedd) |
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Filing 24 Letter re Protective Order by Starbucks Corporation (Mendelson, Jedd) |
Filing 23 TRANSCRIPT of Proceedings held on December 19, 2022, before Judge Cho. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court 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 1/12/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/22/2023. (RC) |
Filing 22 NOTICE of Appearance by Adam Paul Tuzzo on behalf of Starbucks Corporation (notification declined or already on case) (Tuzzo, Adam) |
Filing 21 MOTION to Appear Pro Hac Vice Adam-Paul Tuzzo Filing fee $ 150, receipt number ANYEDC-16241070. by Starbucks Corporation. (Attachments: #1 Affidavit in Support of Notice of Motion and Motion to Admit Counsel Pro Hac Vice, #2 Certificates of Good Standing, #3 Proposed Order Admission to Practice Pro Hac Vice) (Tuzzo, Adam) |
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Minute Entry for Discovery Conference held on 12/19/2022 before Magistrate Judge James R. Cho. Appearances by Matthew A. Jackson for petitioner; Jedd Mendelson for defendant. Case discussed. The Court entered the following expedited discovery schedule:(1) By 12/20/2022 , petitioner shall produce witness affidavits. The affidavits shall be subject to a protective order and for attorney's eyes only. (2) By 12/22/2022, parties shall submit a proposed protective order for the Court's review and approval.(3) By 12/23/2022, defendant shall serve subpoenas. Defendant anticipates requesting production of documents from approximately five individuals/former employees.(4) Defendant anticipates taking approximately five depositions of former employees and union representatives. Parties shall file a letter informing the Court as to the dates of scheduled depositions. Depositions limited to three hours per witness (not inclusive of breaks). Defendant granted leave to request additional time to depose union representatives, if necessary.(5) By 1/25/2023, parties shall complete all discovery, including depositions.(6) Parties may raise discovery disputes in a joint letter to the Court. The Court waives page limitations with respect to these discovery letters. If disputes arise during depositions, parties may contact Chambers directly. Parties shall otherwise follow Magistrate Judge Cho's Individual Rules as it relates to discovery disputes.In-person status conference scheduled for 1/26/2023 at 11:30 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Parties should come prepared to confirm that they have completed discovery. (FTR Log 10:21-10:58.) (LS) |
Filing 20 Minute Entry for proceedings held before Judge Allyne R. Ross: Telephone Status Conference held on 12/15/2022. On December 15, 2022, the court held a telephone call to hear argument on Petitioner Poor's motion to try the petition on the basis of the administrative record and Respondent Starbucks Corporation's motion for expedited discovery. As explained during the call, Petitioner Theresa Poor has not demonstrated that nationwide relief is warranted on the administrative record and the court will grant expedited discovery subject to the limitations that were enumerated on the record. A more comprehensive discovery order will be posted to the docket shortly. (Court Reporter Georgette Betts.) (RG) |
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Filing 18 REPLY in Support OF RESPONDENT'S MOTION FOR EXPEDITED DISCOVERY filed by Starbucks Corporation. (Mendelson, Jedd) |
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Filing 17 REPLY in Support Petitioner's Reply in Support of Motion to try Petition on the Basis of Administrative Record filed by Teresa Poor. (Jackson, Matthew) |
Filing 16 EXHIBIT Declaration of Matthew A. Jackson re Filing Administrative Record by Teresa Poor. Related document: #2 MOTION for Preliminary Injunction Motion to Try Petition on Basis of Administrative Record filed by Teresa Poor. (Attachments: #1 GC Exhibit 1, #2 GC Exhibits 2-33, #3 GC Exhibits 34-46, #4 GC Exhibit 56, #5 Administrative Record GC Exhibit 60, #6 Administrative Record GC Exhibits 38-40, 55, 57-59, 61, and 63-66, #7 Administrative Record R Exhibits 6, 10, 11, 13, 16, 17, 24, 26, 31, 32, 37, 44, 45, 47, 48, and 53-55, #8 Administrative Record R Exhibit 57 (part 1 of 3), #9 Administrative Record R Exhibit 57 (part 2 of 3), #10 Administrative Record R Exhibit 57 (part 3 of 3), #11 Administrative Record R Exhibits 7, 12 and 14, #12 Administrative Record Rejected Exhibits) (Jackson, Matthew) |
Filing 15 Letter from Jedd Mendelson re corrections and omissions by Starbucks Corporation (Mendelson, Jedd) |
Filing 14 Corporate Disclosure Statement by Starbucks Corporation (Mendelson, Jedd) |
Filing 13 ANSWER to #1 Complaint, by Starbucks Corporation. (Mendelson, Jedd) |
Filing 12 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction Motion to Try Petition on Basis of Administrative Record filed by Starbucks Corporation. (Attachments: #1 Affidavit, #2 Certificate of Service) (Mendelson, Jedd) |
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Filing 11 NOTICE of Appearance by Jedd Mendelson on behalf of Starbucks Corporation (aty to be noticed) (Mendelson, Jedd) |
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Filing 9 Letter Forwarding Updated Certificate of Good Standing for Matthew A. Jackson by Teresa Poor (Attachments: #1 Admission Information) (Jackson, Matthew) |
NOTICE re Dkt. #3 Motion to Appear Pro Hac Vice: Pursuant to Local Rule 1.3, an attorney seeking to be admitted shall include a certificate of the clerk of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court. Attorney Matthew A. Jackson is directed to submit an updated certificate of good standing using the ECF event "Letter" and link the document to the motion. (SG) |
Filing 8 Civil Cover Sheet.. by Teresa Poor (Jackson, Matthew) |
Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
Filing 6 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 5 CERTIFICATE OF SERVICE by Teresa Poor Service of Mtn to Admit Counsel Pro Hac Vice (Jackson, Matthew) |
Filing 4 SUMMONS Returned Executed by Teresa Poor. Starbucks Corporation served on 11/30/2022, answer due 12/21/2022. (Jackson, Matthew) |
Filing 3 MOTION to Appear Pro Hac Vice by Matthew A. Jackson Filing fee $ 150. by Teresa Poor. (Attachments: #1 Proposed Order Proposed Admission to Practice Pro Hac Vice) (Jackson, Matthew) |
Filing 2 MOTION for Preliminary Injunction Motion to Try Petition on Basis of Administrative Record by Teresa Poor. (Attachments: #1 Administrative Record Hearing Trancript - Vol. 1, #2 Administrative Record Hearing Trancript - Vol. 2, #3 Administrative Record Hearing Trancript - Vol. 3, #4 Administrative Record Hearing Trancript - Vol. 4, #5 Administrative Record Hearing Trancript - Vol. 5, #6 Administrative Record Hearing Trancript - Vol. 6, #7 Administrative Record Hearing Trancript - Vol. 7, #8 Administrative Record Hearing Trancript - Vol. 8, #9 Administrative Record Hearing Trancript - Vol. 9) (Jackson, Matthew) |
Filing 1 COMPLAINT Petition for Temporary Injunction under Section 10(j) of the National Labor Relations Act against Starbucks Corporation Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Teresa Poor. (Attachments: #1 Declaration Declaration of Teresa Poor in Support of Petition for Temporary Injunction, #2 Proposed Order Proposed Order to Show Cause, #3 Proposed Order Proposed Order Granting Temporary Injunction) (Jackson, Matthew) |
Case Assigned to Judge Allyne R. Ross 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. (KD) |
Notice: Re: Incomplete Civil Cover Sheet. Counsel Is Directed to File a Completed Civil Cover Sheet Immediately. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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