Russo et al v. National Grid, USA.
Plaintiff: Luciano Russo and George Messiha
Defendant: National Grid, USA.
Case Number: 1:2023cv03954
Filed: May 26, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Employment Discrimination
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2023 Filing 17 AMENDED COMPLAINT (Second) against National Grid, USA., filed by Luciano Russo, George Messiha. (Schwartz, Arthur)
July 14, 2023 Corrected Minute Entry and Order for Oral Argument and Initial Status Conference held before Judge Brian M. Cogan on 7/14/2023. Both sides present by videoconference. Plaintiffs' #13 motion to file a second amended complaint was granted; plaintiffs shall separately file the second amended complaint forthwith. Defendant's #11 motion to dismiss is denied without prejudice to renewing in answer or by motion for summary judgment. The Court set the following discovery schedule: parties to exchange Rule 26(a)(1) disclosures by 7/21/2023; serve written discovery requests by 8/4/2023; produce written discovery by 9/5/2023; complete fact depositions by 11/3/2023, the date fact discovery ends. The last day for filing a letter requesting a pre-motion conference to file dispositive motions shall be 11/10/2023. The Initial Status Conference scheduled for 7/18/2023 is cancelled. See transcript for details. (Court Reporter Kristi Cruz.) (PW) Modified on 7/14/2023 (PW).
July 13, 2023 Filing 16 Letter / Joint Letter in advance of Initial Status Conference by National Grid, USA. (Collins, Patrick)
July 13, 2023 Filing 15 REPLY to Response to Motion re #13 Cross MOTION to Amend/Correct/Supplement #11 Letter MOTION for pre motion conference in regard to National Grid's anticipated motion to dismiss the First Amended Complaint of Plaintiffs Luciano Russo and George Messiha pursuant to FRCP 12, #11 Letter MOTION for pre motion conference in regard to National Grid's anticipated motion to dismiss the First Amended Complaint of Plaintiffs Luciano Russo and George Messiha pursuant to FRCP 12(b)(6) Letter Re Revised Proposed Second Amended Complaint filed by George Messiha, Luciano Russo. (Attachments: #1 Exhibit Revised Proposed Second Amended Complaint) (Schwartz, Arthur)
July 12, 2023 Filing 14 RESPONSE in Opposition re #13 Cross MOTION to Amend/Correct/Supplement #11 Letter MOTION for pre motion conference in regard to National Grid's anticipated motion to dismiss the First Amended Complaint of Plaintiffs Luciano Russo and George Messiha pursuant to FRCP 12 filed by National Grid, USA.. (Attachments: #1 Exhibit A - Article XVII of the CBA, #2 Exhibit B - Russo grievance, #3 Exhibit C - Messiha grievance) (Collins, Patrick)
July 10, 2023 Opinion or Order ORDER deferring ruling on #13 . The Court will address this motion at the scheduled argument on 7/14/2023. Ordered by Judge Brian M. Cogan on 7/10/2023. (PW)
July 7, 2023 Filing 13 Cross MOTION to Amend/Correct/Supplement #11 Letter MOTION for pre motion conference in regard to National Grid's anticipated motion to dismiss the First Amended Complaint of Plaintiffs Luciano Russo and George Messiha pursuant to FRCP 12(b)(6), #6 Amended Complaint (addressed to what the Court has deemed a Motion to Dismiss) by George Messiha, Luciano Russo. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Ex. A-1 - National Grid Federal Contracts, #3 Exhibit Ex. A-2 - National Grid Federal Contracts, #4 Exhibit Ex. A-3 - National Grid Federal Contracts, #5 Exhibit Ex. B - Communications About Federal Cotrcator Employee Covid Requirements) (Schwartz, Arthur)
July 4, 2023 Opinion or Order ORDER denying #11 as unnecessary. The premotion conference is waived. This letter is deemed to constitute defendant's motion to dismiss on the grounds stated. Oral argument by video is set for 7/14/2023 at 11:00 AM. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 7/4/2023. (PW)
July 3, 2023 Filing 12 RESPONSE to Motion re #11 Letter MOTION for pre motion conference in regard to National Grid's anticipated motion to dismiss the First Amended Complaint of Plaintiffs Luciano Russo and George Messiha pursuant to FRCP 12(b)(6) filed by George Messiha, Luciano Russo. (Attachments: #1 Exhibit A - Communications from National Grid re Federal Covid Restrictions, #2 Exhibit B - Right to Sue Letter, #3 Exhibit C - LaGuerre Decision) (Schwartz, Arthur)
June 30, 2023 Filing 11 Letter MOTION for pre motion conference in regard to National Grid's anticipated motion to dismiss the First Amended Complaint of Plaintiffs Luciano Russo and George Messiha pursuant to FRCP 12(b)(6) by National Grid, USA.. (Collins, Patrick)
June 30, 2023 Filing 10 NOTICE of Appearance by Caitlin L. O'Fallon on behalf of National Grid, USA. (aty to be noticed) (O'Fallon, Caitlin)
June 30, 2023 Filing 9 NOTICE of Appearance by Patrick M. Collins on behalf of National Grid, USA. (aty to be noticed) (Collins, Patrick)
June 15, 2023 Filing 8 SUMMONS Returned Executed by Luciano Russo, George Messiha. National Grid, USA. served on 6/9/2023, answer due 6/30/2023. (Schwartz, Arthur)
June 6, 2023 Opinion or Order Filing 7 SCHEDULING ORDER: A telephonic Initial Status Conference is set for 7/18/2023 at 10:30 am. The parties are directed to call 571-353-2301 and enter Meeting ID 820925314#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 6/6/2023. (PW)
June 6, 2023 Filing 6 AMENDED COMPLAINT against National Grid, USA., filed by Luciano Russo, George Messiha. (Schwartz, Arthur)
May 30, 2023 Filing 5 Summons Issued as to National Grid, USA.. (KD)
May 30, 2023 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
May 30, 2023 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)
May 30, 2023 Filing 2 Proposed Summons.Civil Cover Sheet.. by George Messiha, Luciano Russo (Attachments: #1 Civil Cover Sheet) (Schwartz, Arthur)
May 30, 2023 NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet and Proposed Summons. Please submit a completed needed Forms. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
May 30, 2023 Case Assigned to Judge Diane Gujarati and Magistrate Judge Taryn A. Merkl. 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)
May 30, 2023 Opinion or Order ORDER OF RECUSAL. Judge Diane Gujarati recused. Case reassigned to Judge Brian M. Cogan for all further proceedings. Type of Recusal: party.Ordered by Judge Diane Gujarati on 5/30/2023. (BBM)
May 30, 2023 Case no longer referred to Magistrate Judge Taryn A. Merkl. (BBM)
May 26, 2023 Filing 1 COMPLAINT against Luciano Russo, George Messiha filing fee $ 402, receipt number ANYEDC-16740526 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Luciano Russo, George Messiha. (Schwartz, Arthur)

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Plaintiff: Luciano Russo
Represented By: Arthur Z. Schwartz
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Plaintiff: George Messiha
Represented By: Arthur Z. Schwartz
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Defendant: National Grid, USA.
Represented By: Patrick M. Collins
Represented By: Caitlin L. O'Fallon
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