Mulgrew et al v. United States Department of Transportation et al
| MICHAEL MULGREW, AFL-CIO, Vito J. Fossella, Paul Caminiti, Troy McGhie, Martha Mazier, Carly Bianchini, Hannah Choi, Frank Garcia, Lindsey Lampf, Kamillah Hanks, Brian Maher, Jessica Scarcella-Spanton, James Skoufis, Jaime Williams, David Weprin, The A. Philip Randolph Institute, Cliff Hagen, The Coalition Of Black Trade Unionists, Michael Tannousis, Iwen Chu, Michael Reilly, Andrew J. Lanza, Christopher Eachus, The Labor Council For Latin American Advancement, David Carr, Aileen Gunther, Rob Rolison, Karl Brabenec, Monica Martinez, Joseph Borelli and Nicole Malliotakis |
| United States Department of Transportation, Federal Highway Administration, Shailen Bhatt, Richard J. Marquis, Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority, New York State Department of Transportation and New York City Department of Transportation |
| 1:2024cv00081 |
| January 4, 2024 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Joseph A Marutollo |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 4321 Review of Agency Action-Environment |
| None |
Docket Report
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| Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (IH) |
Filing 41
ORDER re #40 - For the reasons stated in the attached Memorandum and Order, considerations of fairness, efficiency, and justice favor transferring this action to the Southern District of New York. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the Southern District of New York within seven days of the date of this Order, pursuant to Local Civil Rule 83.1. Ordered by Magistrate Judge Joseph A. Marutollo on 2/17/2024. (JAM)
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| Filing 40 STIPULATION and [Proposed] Order to Transfer Case to the Southern District of New York Under 28 U.S.C. 1404(a) by Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (Kaplan, Roberta) |
| Filing 39 Letter by AFL-CIO, Carly Bianchini, Joseph Borelli, Karl Brabenec, Paul Caminiti, David Carr, Hannah Choi, Iwen Chu, Christopher Eachus, Vito J. Fossella, Frank Garcia, Aileen Gunther, Cliff Hagen, Kamillah Hanks, Lindsey Lampf, Andrew J. Lanza, Brian Maher, Nicole Malliotakis, Monica Martinez, Martha Mazier, Troy McGhie, Michael Mulgrew, Michael Reilly, Rob Rolison, Jessica Scarcella-Spanton, James Skoufis, Michael Tannousis, The A. Philip Randolph Institute, The Coalition Of Black Trade Unionists, The Labor Council For Latin American Advancement, David Weprin, Jaime Williams (Klinger, Alan) |
| Filing 38 Letter Response to Federal Defendants' Letter on Transfer by Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (Attachments: #1 Exhibit A) (Kaplan, Roberta) |
| Filing 37 Letter Regarding Transfer of Venue to the Southern District of New York by Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, United States Department of Transportation (DePaul, Philip) |
| Filing 36 Letter to Magistrate Judge Marutollo re: Friday Conference and Forthcoming Stipulation to Transfer Venue to the Southern District of New York by Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (Kaplan, Roberta) |
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SCHEDULING ORDER: In light of the representations made in the February 14, 2024 letter #36 , the initial conference scheduled for February 16, 2024 is adjourned sine die. Plaintiffs' deadline to respond to Defendants' pre-motion conference letters is also adjourned sine die. The parties shall file a stipulation in which they agree to transfer this matter to the Southern District of New York by no later than February 20, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 2/14/2024. (JAM)
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| Filing 35 CERTIFICATE OF SERVICE by AFL-CIO, Carly Bianchini, Joseph Borelli, Karl Brabenec, Paul Caminiti, David Carr, Hannah Choi, Iwen Chu, Christopher Eachus, Vito J. Fossella, Frank Garcia, Aileen Gunther, Cliff Hagen, Kamillah Hanks, Lindsey Lampf, Andrew J. Lanza, Brian Maher, Nicole Malliotakis, Monica Martinez, Martha Mazier, Troy McGhie, Michael Mulgrew, Michael Reilly, Rob Rolison, Jessica Scarcella-Spanton, James Skoufis, Michael Tannousis, The A. Philip Randolph Institute, The Coalition Of Black Trade Unionists, The Labor Council For Latin American Advancement, David Weprin, Jaime Williams re #1 Complaint, (Klinger, Alan) |
| Filing 34 CERTIFICATE OF SERVICE by AFL-CIO, Carly Bianchini, Joseph Borelli, Karl Brabenec, Paul Caminiti, David Carr, Hannah Choi, Iwen Chu, Christopher Eachus, Vito J. Fossella, Frank Garcia, Aileen Gunther, Cliff Hagen, Kamillah Hanks, Lindsey Lampf, Andrew J. Lanza, Brian Maher, Nicole Malliotakis, Monica Martinez, Martha Mazier, Troy McGhie, Michael Mulgrew, Michael Reilly, Rob Rolison, Jessica Scarcella-Spanton, James Skoufis, Michael Tannousis, The A. Philip Randolph Institute, The Coalition Of Black Trade Unionists, The Labor Council For Latin American Advancement, David Weprin, Jaime Williams re #1 Complaint, (Klinger, Alan) |
| Filing 33 NOTICE of Appearance by Samantha G Peltz on behalf of Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, United States Department of Transportation (aty to be noticed) (Peltz, Samantha) |
| Filing 32 Letter by AFL-CIO, Carly Bianchini, Joseph Borelli, Karl Brabenec, Paul Caminiti, David Carr, Hannah Choi, Iwen Chu, Christopher Eachus, Vito J. Fossella, Frank Garcia, Aileen Gunther, Cliff Hagen, Kamillah Hanks, Lindsey Lampf, Andrew J. Lanza, Brian Maher, Nicole Malliotakis, Monica Martinez, Martha Mazier, Troy McGhie, Michael Mulgrew, Michael Reilly, Rob Rolison, Jessica Scarcella-Spanton, James Skoufis, Michael Tannousis, The A. Philip Randolph Institute, The Coalition Of Black Trade Unionists, The Labor Council For Latin American Advancement, David Weprin, Jaime Williams (Klinger, Alan) |
| Filing 31 Letter for pre-motion conference seeking permission to file motion to dismiss by New York City Department of Transportation (Harned, Christian) |
| Filing 30 Letter MOTION for pre motion conference seeking permission to file motion to dismiss by Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority. (Knauer, Elizabeth) |
| Filing 29 Letter MOTION for pre motion conference in anticipation of New York State Department of Transportation's motion to dismiss all claims applicable to them in this action by New York State Department of Transportation. (Frank, Andrew) |
| Filing 28 NOTICE of Appearance by Matthew Silverman on behalf of Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, United States Department of Transportation (aty to be noticed) (Silverman, Matthew) |
| Filing 27 Letter MOTION for pre motion conference in anticipation of Federal Defendants' motion to dismiss all claims applicable to them in this action pursuant to Rule 12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure by Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, United States Department of Transportation. (DePaul, Philip) |
| Filing 26 NOTICE of Appearance by Philip R. DePaul on behalf of Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, United States Department of Transportation (aty to be noticed) (DePaul, Philip) |
| Filing 25 NOTICE of Appearance by Andrew G. Frank on behalf of New York State Department of Transportation (aty to be noticed) (Frank, Andrew) |
| Filing 24 NOTICE of Appearance by Gregory Martin Cumming on behalf of Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, United States Department of Transportation (aty to be noticed) (Cumming, Gregory) |
| Filing 23 NOTICE of Appearance by Christian Chase Harned on behalf of New York City Department of Transportation (aty to be noticed) (Harned, Christian) |
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ORDER: The in-person initial conference scheduled for February 16, 2024 at 11:00 a.m. will now be held in Courtroom 6D South before Magistrate Judge Joseph A. Marutollo. The parties are reminded to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 2/5/2024. (EG)
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ORDER - In advance of the February 16, 2024 initial conference, the parties shall file, by February 9, 2024, a joint letter setting forth each party's position regarding the following: (1) whether the parties are amenable to a settlement conference at this stage in the litigation in this case; and (2) whether the parties are amenable to a global settlement conference at this stage in the litigation. A global settlement conference would potentially include the parties in this case as well as the parties in the cases styled State of New Jersey v. United States Department of Transportation, No. 23-cv-3885 (D.N.J.); Sokolich v. United States Department of Transportation, No. 23-cv-21728 (D.N.J.), Chan v. United States Department of Transportation, No. 23-cv-10365 (S.D.N.Y.); and New Yorkers Against Congestion Pricing Tax v. United States Department of Transportation, No. 24-cv-367 (S.D.N.Y.). As noted in the Court's January 4, 2024 order, the parties are reminded that they shall be prepared to discuss the timing of the filing of a certified administrative record at the February 16, 2024 conference. Plaintiffs shall serve this order on any party that has been served but has not yet appeared in this action. Ordered by Magistrate Judge Joseph A. Marutollo on 2/1/2024. (JAM)
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| Filing 22 NOTICE of Appearance by Gabrielle Tenzer on behalf of Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (aty to be noticed) (Tenzer, Gabrielle) |
| Filing 21 NOTICE of Appearance by Joshua Adam Matz on behalf of Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (aty to be noticed) (Matz, Joshua) |
| Filing 20 NOTICE of Appearance by Roberta Ann Kaplan on behalf of Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (aty to be noticed) (Kaplan, Roberta) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Vito J. Fossella, AFL-CIO, Michael Mulgrew, Lindsey Lampf, Troy McGhie, Frank Garcia, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini, Kamillah Hanks, Brian Maher, Jessica Scarcella-Spanton, James Skoufis, Jaime Williams, David Weprin, The A. Philip Randolph Institute, Cliff Hagen, The Coalition Of Black Trade Unionists, Michael Tannousis, Iwen Chu, Michael Reilly, Andrew J. Lanza, Christopher Eachus, The Labor Council For Latin American Advancement, David Carr, Aileen Gunther, Rob Rolison, Karl Brabenec, Monica Martinez, Joseph Borelli, Nicole Malliotakis. (Klinger, Alan) |
| Filing 18 NOTICE of Appearance by John F. Nelson on behalf of Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (aty to be noticed) (Nelson, John) |
| Filing 17 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. United States Department of Transportation served on 1/22/2024, answer due 3/22/2024. (Klinger, Alan) |
| Filing 16 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. Triborough Bridge and Tunnel Authority served on 1/19/2024, answer due 2/9/2024. (Klinger, Alan) |
| Filing 15 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. New York City Department of Transportation served on 1/24/2024, answer due 2/14/2024. (Klinger, Alan) |
| Filing 14 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. New York City Department of Transportation served on 1/23/2024, answer due 2/13/2024. (Klinger, Alan) |
| Filing 13 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. Metropolitan Transit Authority served on 1/19/2024, answer due 2/9/2024. (Klinger, Alan) |
| Filing 12 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. Richard J. Marquis served on 1/22/2024, answer due 2/12/2024. (Klinger, Alan) |
| Filing 11 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. Federal Highway Administration served on 1/22/2024, answer due 2/12/2024. (Klinger, Alan) |
| Filing 10 SUMMONS Returned Executed by Troy McGhie, Vito J. Fossella, AFL-CIO, Michael Mulgrew, Frank Garcia, Lindsey Lampf, Martha Mazier, Hannah Choi, Paul Caminiti, Carly Bianchini. Shailen Bhatt served on 1/22/2024, answer due 2/12/2024. (Klinger, Alan) |
| Filing 9 NOTICE of Appearance by Elizabeth Read Knauer on behalf of Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (aty to be noticed) (Knauer, Elizabeth) |
| Filing 8 NOTICE of Appearance by Mark A. Chertok on behalf of Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority (aty to be noticed) (Chertok, Mark) |
| Filing 7 Summons Issued as to Shailen Bhatt, Federal Highway Administration, Richard J. Marquis, Metropolitan Transit Authority, New York City Department of Transportation, New York State Department of Transportation, Triborough Bridge and Tunnel Authority, United States Department of Transportation, U.S. Attorney and U.S. Attorney General (IH) |
| Filing 6 Proposed Summons. by AFL-CIO, Carly Bianchini, Paul Caminiti, Hannah Choi, Vito J. Fossella, Frank Garcia, Lindsey Lampf, Martha Mazier, Troy McGhie, Michael Mulgrew (Attachments: #1 Proposed Summons) (Klinger, Alan) |
| Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (IH) |
| Filing 5 Proposed Summons. by AFL-CIO, Carly Bianchini, Paul Caminiti, Hannah Choi, Vito J. Fossella, Frank Garcia, Lindsey Lampf, Martha Mazier, Troy McGhie, Michael Mulgrew (Attachments: #1 Proposed Summons) (Klinger, Alan) |
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Filing 4
SCHEDULING ORDER: An in-person initial conference will be held on February 16, 2024 at 11 a.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. Plaintiffs shall file proof of service immediately and shall notify Defendants of the February 16, 2024 conference. The parties shall be prepared to discuss the timing of the filing of a certified administrative record at the conference. The parties are also directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 1/5/2024. (EG)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please refer to ALL Corrections made on this case SPECIFICALLY THE OTHER SECTION ON THIS QC FORM! (KD) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Joseph A. Marutollo. 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) |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. Please correct and submit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17429524 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by CARLY BIANCHINI, AFL-CIO, MICHAEL MULGREW, MARTHA MAZIER, VITO J. FOSSELLA, FRANK GARCIA, HANNAH CHOI, PAUL CAMINITI, LINDSEY LAMPF, TROY McGHIE. (Attachments: #1 Civil Cover Sheet) (Klinger, Alan) |
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