Scarduzio v. North Shore Towers Apartments, Inc. et al
| Thomas Scarduzio |
| North Shore Towers Apartments, Inc., Local No. 3 the International Brotherhood of Electrical Workers, AFL-CIO and Local Union No. 3 International Brotherhood of Electrical Workers, AFL-CIO |
| 2:2021cv03402 |
| June 16, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 184 Violation Collection Bargain Agreement |
| Plaintiff |
Docket Report
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| Filing 15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 12, 2021, before Judge Gary R. Brown. Transcriber AA Express Transcripts, Telephone number 8884569716. Email address: AAExpress@Court-Transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/8/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/15/2022. (Cox, Dwayne) |
| Filing 14 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Thomas Scarduzio take nothing of Defendants North Shore Towers Apartments, Inc., and Local Union No. 3 International Brotherhood of Electrical Workers, AFL-CIO; that Defendants' motions to dismiss are granted; that the complaint is dismissed; and that this case is closed. Ordered by Clerk of Court on 10/13/2021. (Toritto, Jim) |
| Filing 13 Minute Entry for proceedings held on 10/12/2021 before Judge Gary R. Brown: Civil Cause for Telephone Pre Motion Conference. Counsel for Plaintiff: Ryan Eden. Counsel for Defendant: Jonathan Fink, Rebecca Barrett. FTR #: 2:00-2:39, AT&T Conference. Motion For: To Dismiss, #8 and #10 . Movant: Defendants. Case called. Counsel for all sides present. Pre motion conference held. Motion argued. The Court deems the motion made. Motion is granted (**No written decision**). The complaint is dismissed, the Clerk of the Court is directed to enter judgment and close the case. (Tirado, Chelsea) |
ORDER. Upon the filing by Mr. Eden, the Court has determined that counsel erroneously filed this case as a Long Island action through excusable inadvertence, as the locus of the defendant facility is somewhat difficult to ascertain. Moreover, since the undersigned has already issued an opinion dismissing a related matter, in the interest of judicial economy, the matter will not be reassigned at this time. Ordered by Judge Gary R. Brown on 8/27/2021. (Brown, Gary)
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| Filing 12 Letter In Response to Pre-Motion Conf. Letters by Thomas Scarduzio (Eden, Ryan) |
| Filing 11 Letter in Response to Order to Show Cause by Thomas Scarduzio (Eden, Ryan) |
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SHOW CAUSE ORDER: On the cover sheet, counsel for plaintiff responded affirmatively to the following question: a.Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County? However, review of the complaint suggests that the action arose at the North Shore Towers, a facility which, though serviced by a Floral Park postal facility, is actually located in the Borough of Queens. Thus, it would appear that the matter is not properly designated as a Long Island case. Counsel is directed to Show Cause, if any they have, why this matter should not be reassigned to a judge in the Brooklyn courthouse or whether counsel consents to such reassignment. Such filing shall be made by close of business on August 27. Ordered by Judge Gary R. Brown on 8/25/2021. (Brown, Gary)
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ORDER granting #8 Motion for Pre Motion Conference; granting #10 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for October 12, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' respective anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 8 and DE 10. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 8 and DE 10 in accordance with the undersigned's individual rules by September 3, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 8/20/2021. c/ecf (Johnston, Linda)
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| Filing 10 MOTION for pre motion conference by Local Union No. 3 International Brotherhood of Electrical Workers, AFL-CIO. (Barrett, Rebecca) |
| Filing 9 NOTICE of Appearance by Rebecca A. Barrett on behalf of Local Union No. 3 International Brotherhood of Electrical Workers, AFL-CIO (aty to be noticed) (Barrett, Rebecca) |
| Filing 8 MOTION for pre motion conference by North Shore Towers Apartments, Inc.. (Fink, Jonathan) |
| Filing 7 NOTICE of Appearance by Jonathan J. Fink on behalf of North Shore Towers Apartments, Inc. (aty to be noticed) (Fink, Jonathan) |
| Filing 6 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Rodin, Deanna) |
| Filing 5 Summons Issued as to Local Union No. 3 International Brotherhood of Electrical Workers, AFL-CIO. (Rodin, Deanna) |
| Filing 4 Summons Issued as to North Shore Towers Apartments, Inc. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14571610 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Thomas Scarduzio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Proposed Summons, #6 Proposed Summons) (Eden, Ryan) |
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