Clarke et al v. The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO et al
| Diane T. Clarke, Ilana Kopmar, Isaac Altman and David Rosenfeld |
| The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO, Lisa Ohta, Bret J. Taylor, Jeremy Bunyaner, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Ioana Calin and Puja Paul |
| 2:2023cv08869 |
| December 1, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Arlene R Lindsay |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
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| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 15, 2023, before Judge Nusrat Jahan Choudhury. Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-732-6461. Email address: cmfiore@sbcglobal.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 1/16/2024. Redacted Transcript Deadline set for 1/26/2024. Release of Transcript Restriction set for 3/25/2024. (DC) |
ORDER The Court has reviewed the Plaintiffs' notice of voluntary dismissal without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, the case is closed. Ordered by Judge Nusrat J. Choudhury on 12/26/2023. (DE)
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| Filing 37 NOTICE of Voluntary Dismissal by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld /Notice of Voluntary Dismissal Without Prejudice (Raisner, Sara) |
| Filing 36 Letter to Judge Choudhury re: Plaintiffs' Request for a Preliminary Injunction (ECF No. 21) by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (Raisner, Sara) |
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(Court only) Pursuant to the Court's 12/18/2023 Minute Entry and Scheduling Order, Defendants' Motion to Dissolve the TRO, ECF No. #5 , is granted. Ordered by Judge Nusrat J. Choudhury on 12/19/2023. (DE)
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| MINUTE ENTRY AND SCHEDULING ORDER Hearing on Defendants' Motion to Dissolve the TRO held before Judge Nusrat Choudhury on Friday December 15, 2023 at 1pm in Courtroom 1040 in Central Islip. Sara Raisner and Jeffrey David Hoschander appeared for Plaintiffs. Aleksandr L. Felstiner and Allyson L. Belovin appeared for Defendants. The Court heard argument from both parties on Defendants' motion. For the reasons stated on the record, the Court grants Defendants' motion. The parties shall submit a joint proposal for a preliminary injunction briefing schedule by Tuesday December 19, 2023. Court Reporter Toniann Lucatorto (DE) Modified on 12/19/2023 (BMM). |
| Filing 35 AFFIDAVIT of Service for Notice of Removal of State Court Action with exhibits and Civil Cover Sheet served on Isaac Altman on December 13, 2023, filed by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 34 NOTICE of Appearance by Sara Raisner on behalf of Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (notification declined or already on case) (Raisner, Sara) |
| Filing 33 NOTICE by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld re Order, Transcript of the November 21, 2023 Hearing on the TRO Extension before Judge Muraca of the Supreme Court of New York. (Hoschander, Jeffrey) |
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ORDER The Court has received correspondence from Attorney Raisner regarding her application for admission to appear in this action. ECF No. #32 . Attorney Raisner is required to follow the procedure set forth in the Courts Dec. 14, 2023 Electronic Order laying out the proper procedure for an attorney to seek Pro Hac Vice admission to this Court. The Court notes that three attorneys admitted to practice in this Court have filed Notices of Appearance on behalf of Plaintiffs: Vesselin Mitev, Jeffrey David Hoschander, Daniel A. Kahn. ECF Nos. #12 , #14 , #19 . Any of these counsel may move for Attorney Raisers admission to practice before this Court Pro Hac Vice. See Dec. 14, 2023 Electronic Order. Ordered by Judge Nusrat J. Choudhury on 12/15/2023. (DE)
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ORDER The parties are directed to file a copy of the transcript of the November 21, 2023 hearing before Judge Muraca of the Supreme Court of Nassau County on Plaintiffs motion for a continuation of the temporary restraining order on the docket. Ordered by Judge Nusrat J. Choudhury on 12/15/2023. (DE)
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ORDER: Upon further reflection, an attorney may move for their own admission. Accordingly, the motion #15 of Sara N. Raisner for leave to appear pro hac vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 12/15/2023. c/ecf (RI)
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| Filing 32 Letter to J. Choudhury re Request in Advance of Dec. 15 Hearing by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (Attachments: #1 Local Civil Rule 1.3, #2 Motion for Admission Pro Hac Vice [dckt 15_0], #3 Affidavit in Support of Pro Hac Vice Motion [dckt 15_1], #4 Certificate of Good Standing [dckt 15_2], #5 Proposed Order) (Hoschander, Jeffrey) |
| Filing 31 AFFIDAVIT of Service for Notice of Removal of State Court Action with exhibits and Civil Cover Sheet served on Clerk of Court for the Supreme Court of the State of New York, County of Nassau on December 4, 2023, filed by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 30 AFFIDAVIT of Service for Notice of Removal of State Court Action with exhibits and Civil Cover Sheet served on David Rosenfeld on December 7, 2023, filed by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 29 Letter to Judge Choudhury re: New York Times Article by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (Attachments: #1 Exhibit A - New York Times News Article) (Hoschander, Jeffrey) |
| Filing 28 AFFIDAVIT of Service for Notice of Removal of State Court Action with exhibits and Civil Cover Sheet served on Ilana Kopmar on December 5, 2023, filed by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 27 AFFIDAVIT/AFFIRMATION of Due Diligence re: service to Isaac Altman by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO (Felstiner, Aleksandr) |
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ORDER denying #22 Motion for Reconsideration Leave to Appear Pro Hac Vice, of Sara N. Raisner. It is well settled that a motion to admit an attorney pro hac vice, like any other application for relief in this court, may only be made by an attorney who is herself already admitted, either as a member of the bar of this court or on a pro hac vice basis herself. Trs. of the Plumbers Local Union No. 1 Welfare Fund v. Richmond Plumbing & Heating Co., No. CV 06-6124 (CBA) (JO), 2007 U.S. Dist. LEXIS 65633 (E.D.N.Y. Sep. 5, 2007) (citing Loc. Civ. R. 1.5(b)(6) (providing for the discipline of "[a]ny attorney not a member of the bar of this court [who] has appeared at the bar of this court without permission to do so")); see also, e.g., Baker v. ASCAP, No. 21-CV-11126 (JMF), 2022 U.S. Dist. LEXIS 129009 (S.D.N.Y. July 20, 2022); Laiscell v. Hartford Bd. of Ed., No. 3:20-CV-1463 (VLB), 2021 U.S. Dist. LEXIS 108724, 2021 WL 2376360, at *2 (D. Conn. June 10, 2021); Erbacci, Cerone, & Moriarty, Ltd. v. United States, 923 F. Supp. 482, 485 (S.D.N.Y. 1996). Attorney Raisner has moved for her own admission. Accordingly, the motion for reconsideration is denied. Ordered by Magistrate Judge Arlene R. Lindsay on 12/14/2023. (BJ)
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ORDER Due to a change in the Court's calendar, the hearing on Defendants' motion to dissolve the TRO scheduled for Friday December 15, 2023 at 10 a.m. will be held at 1 p.m. in Courtroom 1040 in Central Islip. 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 Nusrat J. Choudhury. (DE)
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| Filing 26 PROPOSED PRELIMINARY INJUNCTION by Jeffrey Hoschander NOTICE by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld re #23 Memorandum in Opposition, / Proposed Preliminary Injunction Order (Hoschander, Jeffrey) Modified on 12/14/2023 (AMF). |
| Filing 25 AFFIDAVIT/DECLARATION in Opposition re #5 Notice of MOTION to Vacate /Request to Dissolve TRO issued by state court on November 17, 2023 / Declaration of Daniel Kahn in Opposition to Defendants' Motion to Dissolve the Temporary Restraining Order and in Support of Preliminary Injunction filed by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld. (Attachments: #1 Exhibit 1Reply Affirmation of David A Smith, #2 Exhibit 2 ALAA Press Release, #3 Exhibit 3 NCLAS Handbook, #4 Exhibit 4NCLAS Statement Opposing the Resolution, #5 Exhibit 5 Social Media Image, #6 Exhibit 6 Board Message) (Kahn, Daniel) |
| Filing 24 DECLARATION re #5 Notice of MOTION to Vacate /Request to Dissolve TRO issued by state court on November 17, 2023 - Declaration of Diane Clarke in Opposition to Defendants Motion to Dissolve the Temporary Restraining Order and in Support of Preliminary Injunction by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (Attachments: #1 Exhibit A - ALAA Digest) (Hoschander, Jeffrey) |
| Filing 23 MEMORANDUM in Opposition re #5 Notice of MOTION to Vacate /Request to Dissolve TRO issued by state court on November 17, 2023 //MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISSOLVE THE TEMPORARY RESTRAINING ORDER AND IN SUPPORT OF PRELIMINARY INJUNCTION filed by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld. (Hoschander, Jeffrey) |
| Filing 22 Letter MOTION for Reconsideration re Order on Motion for Leave to Appear Pro Hac Vice, of Sara N. Raisner by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld. (Hoschander, Jeffrey) |
| Filing 21 Letter addressed to the Honorable Nusrat J. Choudhury regarding hearing to be held on December 15, 2023 by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (Hoschander, Jeffrey) |
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Filing 20
ORDER For the reasons stated in the attached, the Court finds that the state court order in effect when this action was removed to this Court was a TRO that will expire by operation of law on Friday December 15, 2023. Additionally, the Court grants Plaintiffs' request for an extension and adjournment. ECF No. #16 . Plaintiffs' response to Defendants' Motion to Dissolve the TRO shall be filed by December 13, 2023 at 5 p.m. If Plaintiffs raise subject matter jurisdiction issues, Defendants' reply shall be filed by December 14, 2023 at 2 p.m. The hearing on the Motion is re-scheduled for December 15, 2023 at 10 a.m. Ordered by Judge Nusrat J. Choudhury on 12/12/2023. (DE) (Main Document 20 replaced on 12/12/2023) (BMM). (Main Document 20 replaced on 12/13/2023) (BMM).
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| Filing 19 NOTICE of Appearance by Daniel A. Kahn on behalf of Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (aty to be noticed) (Kahn, Daniel) |
| Filing 18 REPLY to Response to Motion re #16 Letter MOTION for Extension of Time to File Response/Reply and to Adjourn Hearing MOTION to Adjourn Conference filed by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld. (Hoschander, Jeffrey) |
| Filing 17 RESPONSE in Opposition re #16 Letter MOTION for Extension of Time to File Response/Reply and to Adjourn Hearing MOTION to Adjourn Conference filed by All Defendants. (Belovin, Allyson) |
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ORDER re #15 : The Motion of Sara N. Raisner for Leave to Appear Pro Hac Vice is denied. A member of the bar of the State of New York must seek admission to the court pursuant to the procedures set forth in Local Rule 1.3(a). Ordered by Magistrate Judge Arlene R. Lindsay on 12/12/2023. c/ecf (RI)
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ORDER In light of this Court's December 11, 2023 order setting a briefing schedule for Plaintiffs' anticipated motion to remand and Defendants' anticipation motion to dismiss, Defendants' letter motion requesting a pre-motion conference is denied as moot. ECF No. #9 . Ordered by Judge Nusrat J. Choudhury on 12/12/2023. (DE)
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| Filing 16 Letter MOTION for Extension of Time to File Response/Reply and to Adjourn Hearing by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld. (Raisner, Sara). Added MOTION to Adjourn Conference on 12/12/2023 (AMF). |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17367382 by Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order) (Raisner, Sara) |
| Filing 14 NOTICE of Appearance by Jeffrey David Hoschander on behalf of Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (aty to be noticed) (Hoschander, Jeffrey) |
| Filing 13 Letter to Judge Choudhury re: Proposed Briefing Schedules by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO (Belovin, Allyson) |
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ORDER The Court has reviewed the parties' jointly proposed briefing schedule for Plaintiffs' anticipated motion to remand and Defendants' anticipated motion to dismiss, ECF No. #13 , and adopts the proposed schedule. By December 27, 2023, Defendants shall serve their motion to dismiss and Plaintiffs shall serve their motion to remand. By January 24, 2024, Plaintiffs shall serve any opposition to the motion to dismiss and Defendants shall serve any opposition to the motion to remand. By January 31, 2024, Defendants shall serve any reply to the motion to dismiss and Plaintiffs shall serve any reply to the motion to remand. The parties must consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2.6. Consequently, all briefing shall be filed with the court no later than January 31, 2024. The parties must consult and comply with the Courts Individual Rules concerning the provision of any courtesy copy to chambers after the motion is fully briefed. Ordered by Judge Nusrat J. Choudhury on 12/11/2023.(DE)
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| Filing 12 NOTICE of Appearance by Vesselin Venelinov Mitev on behalf of Isaac Altman, Diane T. Clarke, Ilana Kopmar, David Rosenfeld (aty to be noticed) (Mitev, Vesselin) |
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ORDER The parties are directed to order the transcript from the December 8, 2023 hearing to ensure all parties are aware of the Court's understanding of the state court proceedings. All parties shall share the cost of the transcript. Ordered by Judge Nusrat J. Choudhury on 12/9/2023. (DE)
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| Filing 11 Letter to Judge Choudhury in Response to the Letter from Diane Clarke Smith by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO (Felstiner, Aleksandr) |
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ORDER The Court has reviewed the notice of removal, Defendants' motion to dissolve the TRO and supporting papers, Defendants' letter motion requesting a premotion conference regarding a motion to dismiss for failure to state a claim, and the parties' subsequent correspondence. ECF Nos. #1 , #5 , #6 , #7 , #8 , #9 , #10 , #11 . The Court will hold an audio-only Zoom conference to discuss briefing schedules on the three motions today at 4:30pm. All counsel should attend. This audio-only Zoom conference will be a public proceeding; nonparties are welcome to attend via telephone. To receive a telephone invitation, nonparties may contact Judge Choudhury's Chambers at (631) 712-5660. 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 Nusrat J. Choudhury on 12/8/2023. (DE)
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| MINUTE ENTRY AND SCHEDULING ORDER Status Conference regarding Defendants' motion to dissolve the TRO, ECF Nos. #5 , #6 , #7 , held on Friday December 8, 2023 at 4:30pm via Zoom before Judge Nusrat Choudhury. David Smith, Daniel Smith, and Vess Mitev appeared for Plaintiffs. Aleksandr L. Felstiner and Allyson L. Belovin appeared for Defendants.The Court confirmed the procedural history of the case in federal court to date. Mr. Mitev confirmed that he would be trial counsel of record for Plaintiffs and would file a Notice of Appearance today. Mr. David Smith confirmed that he would file an application for admission pro hac vice on Monday December 11, 2023. The Court sought the parties' positions on the duration of the TRO and its relationship to 28 U.S.C. 1450. Mr. Felstiner stated that under that statute and Supreme Court and Second Circuit authority, the TRO can only last for a duration permissible in federal court and would therefore expire on December 15, 2023. Mr. Mitev opposed this statement and stated that Plaintiffs would brief the issue.The Court sought the parties positions on whether the Defendants had an opportunity to raise First Amendment concerns before the state court's issuance of the November 17, 2023 TRO. Mr. David Smith stated that Defendants received notice on November 16, 2023 that Plaintiffs were seeking a TRO and a copy of Plaintiffs' proposed order to show cause. Mr. Daniel Smith stated that Defendants' counsel received notice after Defendants did. Mr. Mitev stated that under New York law, Defendants were entitled to notice of the relief sought, but not the actual pleadings. Mr. Daniel Smith stated that after the November 17, 2023 conference call with Judge Muraca, he sent a copy of the pleadings to Defendants' counsel. Ms. Belovin stated that neither Defendants nor Defendants' counsel received the verified complaint prior to the 11/17/23 conference call with Judge Muraca and, as a result, Defendants' counsel did not raise any First Amendment arguments on that call. The parties confirmed that Defendants' November 20, 2023 briefing to the state court addressed First Amendment issues. Mr. Felstiner noted that Defendants' briefing also addressed the likelihood of success on the merits of Plaintiffs' claims. The parties confirmed that the state court heard oral argument on November 21, 2023. Mr. David Smith noted that Judge Muraca allowed Defendants to submit supplemental briefing following that hearing, which Defendants did on November 28, 2023. The Court asked whether Judge Muraca made a decision about continuing the TRO at or after the November 21, 2023 hearing. Mr. Daniel Smith stated that at the end of the hearing, Judge Muraca stated he would continue the TRO and take thirty (30) days to render a decision. Mr. David Smith argued that under New York law, Judge Muraca's continuation of the TRO on the record amounted to a preliminary injunction. Consulting the transcript of the call, Mr. Felstiner stated that Judge Muraca did not issue a preliminary injunction or indicate a finding on the merits, but that he stated that the TRO would continue until such time as he made a decision. After hearing from both parties, the Court put forward its understanding that Judge Muraca continued the TRO on the record at the close of the November 21, 2023 hearing. The Court further stated that while the issuance of the TRO on November 17, 2023 may have been without notice sufficient to permit Defendants to raise First Amendment concerns, Judge Muraca's November 21, 2023 continuance of the TRO was done following briefing and oral argument. The parties indicated they agreed with this understanding. The Court inquired whether Plaintiffs' anticipated motion to remand would address the Court's subject matter jurisdiction. Mr. Mitev indicated he did not see a subject matter jurisdiction defect with respect to Defendants' notice of removal. Mr. Felstiner agreed to provide proof to the Court that the notice of removal was served on the state court. The Court instructed Plaintiffs to raise any subject matter jurisdiction issues in their opposition to Defendants' motion to dissolve the TRO. The Court noted that the parties can obtain a transcript of today's proceedings by contacting the Court's courtroom deputy. Following Plaintiffs' question, Defendants confirmed they did not object to providing this Court a copy of the transcript of the November 21, 2023 proceedings.The Court set the following briefing schedule for Defendants' motion to dissolve the TRO: Plaintiffs' opposition to Defendants' motion to dissolve the TRO shall be filed by December 12, 2023 at 5pm. If Plaintiffs raise subject matter jurisdiction in their opposition, Defendants may submit a one (1) singe-spaced page reply by December 13, 2023 at 12pm. The Court will hold a hearing on the motion to dissolve the TRO on December 13, 2023 at 4pm in Courtroom 1040 in Central Islip. All counsel shall attend. The Court instructed the parties to meet and confer and jointly propose a briefing schedule for Plaintiffs' forthcoming motion to remand and Defendants' forthcoming motion to dismiss for failure to state a claim. This joint submission is due on December 11, 2023 at noon. Should the parties not reach an agreement, the Court will issue a briefing schedule. (DE) |
| Filing 10 Letter from Diane T. Clarke to Chief Clerk dated 12/7/2023 Re: Plaintiff prays that this Court reject out of hand the facially defective "NOTICE OF MOTION (ORAL ARGUMENT REQUESTED)" of Defendants' counsel. (CV) |
| Filing 9 Letter MOTION to Dismiss for Failure to State a Claim by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Incorrect Case/Document/Entry Information. Pursuant to Judge Choudhury's Chambers DE 9 Letter Motion entered on 12/7/2023 has been deleted for missing attorney's signature. (AMF) |
| Filing 8 AFFIDAVIT of Service for Notice of Removal with exhibits and Civil Cover Sheet served on Diane T. Clarke on December 4, 2023, filed by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 7 MEMORANDUM in Support re #5 Notice of MOTION to Vacate /Request to Dissolve TRO issued by state court on November 17, 2023 filed by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 6 DECLARATION re #5 Notice of MOTION to Vacate /Request to Dissolve TRO issued by state court on November 17, 2023 by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO (Attachments: #1 Exhibit A - UAW Constitution, #2 Exhibit B - ALAA By-Laws, #3 Exhibit C - Email notice re: Joint Council Meeting, #4 Exhibit D - Attachment to email notice re: Joint Council Meeting, #5 Exhibit E - State Court Summons and Complaint, #6 Exhibit F - State Court TRO) (Felstiner, Aleksandr) |
| Filing 5 Notice of MOTION to Vacate /Request to Dissolve TRO issued by state court on November 17, 2023 by Jeremy Bunyaner, Ioana Calin, Emily C. Eaton, Martyna Kaznowski, Gillian R. Kress, Lisa Ohta, Puja Paul, Bret J. Taylor, The Association of Legal Aid Attorneys, Amalgamated Local Union 2323 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO. (Felstiner, Aleksandr) |
| Filing 4 NOTICE of Appearance by Allyson L. Belovin on behalf of All Defendants (aty to be noticed) (Belovin, Allyson) |
| 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 (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Arlene R. Lindsay. 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. (LJ) |
| David A. Smith - This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (LJ) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Nassau, case number 618764/2023. ( Filing fee $ 405 receipt number ANYEDC-17338243) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - Order to Show Cause, #3 Civil Cover Sheet) (Felstiner, Aleksandr) Modified on 12/4/2023 (LJ). |
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