International Brotherhood of Electrical Workers, Local 589, AFL-CIO v. Long Island Rail Road
| International Brotherhood of Electrical Workers, Local 589, AFL-CIO |
| Long Island Rail Road |
| 1:2024cv02620 |
| April 8, 2024 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Marcia M Henry |
| Labor: Railway Labor Act |
| 28 U.S.C. ยง 1331 Fed. Question: Railway Labor Act |
| None |
Docket Report
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| Filing 11 Letter re Joint Letter to Judge Chen re Briefing Schedule on Defendant's forthcoming Motion to Dismiss by Long Island Rail Road (Abramson, Neil) |
ORDER: The Court is in receipt of the parties' #11 joint proposed briefing schedule for Defendant's motion to dismiss, which the Court adopts. The briefing schedule is set as follows: (1) Defendant's motion to dismiss shall be served on Plaintiff on or before 6/28/2024; (2) Plaintiff's opposition shall be served on Defendant on or before 7/26/2024; and (3) Defendant's reply, if any, shall be served on Plaintiff on or before 8/9/2024. As a courtesy to the Court, the parties are encouraged to not file their motion papers on ECF until the motion is fully briefed. If the parties follow this practice, the motions and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. At these times, only a copy of the cover letter should be filed electronically on ECF, as a letter, not as a motion. On the day the motion is fully briefedin this case 8/9/2024each party shall electronically file their moving papers. Ordered by Judge Pamela K. Chen on 5/31/2024. (YW)
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ORDER: The Court denies Defendant's #8 motion for pre-motion conference as unnecessary. Defendant is granted leave to file a motion to dismiss. The parties are directed to jointly submit a proposed briefing schedule by 5/31/2024. In addition, upon reviewing Plaintiff's #1 Complaint and the parties' #8 #10 submissions, it appears that part of the parties' arguments concerns some specific terms in the collective bargaining agreement (the "CBA") at issue in this casewhich is necessary for the Court to determine, inter alia, whether the Special Board of Adjustment exceeded its scope of jurisdiction in issuing the arbitration awardbut Plaintiff did not include the CBA as an exhibit in the Complaint. As such, to the extent that the parties intend the Court to consider the terms at issue in the CBA, they must include the CBA as exhibits in their anticipated briefs. See Wilson v. Kellogg Co., 628 F. App'x. 59, 60 (2d Cir. 2016) (summary order) ("In determining the adequacy of a claim under [Federal Rule of Civil Procedure] 12(b)(6), consideration is limited to facts stated on the face of the complaint, in documents appended to the complaint or incorporated in the complaint by reference, and to matters of which judicial notice may be taken."); Sira v. Morton, 380 F.3d 57, 67 (2d Cir. 2004) (holding that courts may consider "documents that, although not incorporated by reference, are 'integral' to the complaint"). Ordered by Judge Pamela K. Chen on 5/23/2024. (YW)
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| Filing 10 Letter in response to Defendant's letter motion for pre-motion conference by International Brotherhood of Electrical Workers, Local 589, AFL-CIO (Seham, Lee) |
| Filing 9 NOTICE of Appearance by Samuel Andrew Seham on behalf of International Brotherhood of Electrical Workers, Local 589, AFL-CIO (aty to be noticed) (Seham, Samuel) |
| Filing 8 Letter MOTION for pre motion conference re Motion to Dismiss Plaintiff's Complaint by Long Island Rail Road. (Abramson, Neil) |
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ORDER: The Court is in receipt of Defendant Long Island Rail Road's #8 letter motion requesting a pre-motion conference on its anticipated motion to dismiss Plaintiff's #1 Complaint. Pursuant to this Court's Individual Rule 3.A., Plaintiff shall respond to Defendant Long Island Rail Road's letter motion by 5/16/2024. Ordered by Judge Pamela K. Chen on 5/9/2024. (YW)
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| Filing 7 SUMMONS Returned Executed by International Brotherhood of Electrical Workers, Local 589, AFL-CIO. Long Island Rail Road served on 4/18/2024, answer due 5/9/2024. (Silverstone, Stanley) |
| Filing 6 Summons Issued as to Long Island Rail Road. (MLR) |
| Filing 5 Proposed Summons. by International Brotherhood of Electrical Workers, Local 589, AFL-CIO (Silverstone, Stanley) |
| 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 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) |
| Filing 2 NOTICE of Appearance by Stanley J. Silverstone on behalf of International Brotherhood of Electrical Workers, Local 589, AFL-CIO (aty to be noticed) (Silverstone, Stanley) |
| Filing 1 COMPLAINT against Long Island Rail Road Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by International Brotherhood of Electrical Workers, Local 589, AFL-CIO. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Special Board of Adjustment Award) (Seham, Lee) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Marcia M. Henry. 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: The CLERK OF COURT name needs to be corrected. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| FILING FEE: $ 405.00, receipt number ANYEDC-17750609 (SDM) |
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| Plaintiff: International Brotherhood of Electrical Workers, Local 589, AFL-CIO | |
| Represented By: | Stanley J. Silverstone |
| Represented By: | Lee Seham |
| Represented By: | Samuel Andrew Seham |
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| Defendant: Long Island Rail Road | |
| Represented By: | Neil Abramson |
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