Himes v. American Airlines, Inc.
| Brandon Himes, individually and on behalf of all others similarly situated and Brandon Himes |
| American Airlines, Inc. |
| 1:2023cv04892 |
| June 29, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Kiyo A Matsumoto |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #13 Motion for Pre-Motion Conference. Pre-Motion Hearing set for September 8, 2023 at 11:00 am in Courtroom 6B South before Judge Kiyo A. Matsumoto. The parties shall appear by telephone. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089.Plaintiff Brandon Himes and Plaintiff Barron Chisolm-Lucas are respectfully directed to respond to Defendant American Airlines, Inc.'s #13 Motion for a Pre-Motion Conference by or before Friday, September 1, 2023, in accordance with the Court's Chambers Practices. Ordered by Judge Kiyo A. Matsumoto on 8/24/2023. (HM)
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| Filing 13 MOTION for pre motion conference by American Airlines, Inc.. (Attachments: #1 Exhibit 1- Hudson Valley Mall Dental v. Comm'r of Labor, #2 Exhibit 2- Creative Transp. Inc. v. Comm'r of Labor) Associated Cases: 1:23-cv-04892-KAM-JRC, 1:23-cv-05177-KAM-JRC (Robertson, Mark) |
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ORDER granting #12 Motion for Extension of Time to Answer the Complaint. The court grants American Airlines, Inc an extension of time from July 27, 2023 to August 22, 2023 to respond to the Complaint. Ordered by Judge Kiyo A. Matsumoto on 7/25/2023. (SW)
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ORDER granting #11 Motion to Consolidate Cases; The Court has received #10 the parties' consent motion to consolidate Chisolm-Lucas v. Am. Airlines, Inc., No. 1:23-cv-05177 into Himes v. Am. Airlines, Inc., No. 1:23-cv-04892, filed on the latter docket on July 19, 2023. A court may consolidate cases pursuant to Federal Rule of Civil Procedure 42(a) where they "involve a common question of law or fact." A court has "broad discretion to consolidate actions under Rule 42(a)." Stone v. Agnico-Eagle Mines Ltd., 280 F.R.D. 142, 143 (S.D.N.Y. 2012) (citing Devlin v. Transp. Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999)). Consolidation is warranted where it promotes judicial economy and serves to eliminate... the danger of inconsistent verdicts. KGK Jewelry LLC v. ESDNetwork, Nos. 11-CV-9236, 12-CV-9130, 2014 WL 7333291, at *2 (S.D.N.Y. Dec. 24, 2014) (internal quotation marks omitted); see also Johnson v. Celotex Corp., 899 F.2d 1281, 1284 (2d Cir. 1990) (considerations of judicial economy weigh in favor of consolidation). The plaintiffs in both 1:23-cv-05177 and 1:23-cv-04892 are former flight attendants employed by the defendant American Airlines and assert claims "on behalf of the same putative class of current and former flight attendants who were based at an airport in New York State and worked for American in the six years before the filing of the respective complaints." (ECF No. 10-1 at 2.) Because these cases involve common questions of law and fact, 23-cv-05177 is hereby consolidated into 23-cv-04892. ( Ordered by Judge Ann M Donnelly on 7/25/2023 ) (RG)
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| Case Consolidated. (RG) |
| Filing 12 Letter MOTION for Extension of Time to File Answer (Unopposed) by American Airlines, Inc.. (Robertson, Mark) |
| Filing 11 Letter MOTION to Consolidate Cases and to Designate as Related Cases by American Airlines, Inc.. (Robertson, Mark) |
| Filing 10 Corporate Disclosure Statement by American Airlines, Inc. identifying Corporate Parent American Airlines Group Inc., for American Airlines, Inc.. (Robertson, Mark) |
| Filing 9 NOTICE of Appearance by Charles Mahoney on behalf of American Airlines, Inc. (aty to be noticed) (Mahoney, Charles) |
| Filing 8 NOTICE of Appearance by Mark Wayne Robertson on behalf of American Airlines, Inc. (aty to be noticed) (Robertson, Mark) |
| Filing 7 SUMMONS Returned Executed by Brandon Himes. American Airlines, Inc. served on 7/6/2023, answer due 7/27/2023. (Kirschenbaum, Daniel) |
| Filing 6 NOTICE of Appearance by Josef Nussbaum on behalf of Brandon Himes (aty to be noticed) (Nussbaum, Josef) |
| Filing 5 Summons Issued as to American Airlines, Inc.. (KD) |
| 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) |
| Case Assigned to Judge Kiyo A. Matsumoto 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) |
| Filing 2 NOTICE of Appearance by Denise Andrea Schulman on behalf of Brandon Himes, individually and on behalf of all others similarly situated (aty to be noticed) (Schulman, Denise) |
| Filing 1 COMPLAINT against American Airlines, Inc. filing fee $ 402, receipt number ANYEDC-16847171 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Brandon Himes, individually and on behalf of all others similarly situated. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Wage Statements, #3 Exhibit Exhibit B - Pay Period Statement, #4 Proposed Summons Summons Sheet) (Kirschenbaum, Daniel) |
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