Divilly v. IBEW Local Union No. 3
Plaintiff: John J. Divilly
Defendant: IBEW Local Union No. 3
Case Number: 1:2019cv07598
Filed: August 14, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: George B Daniels
Referring Judge: Debra C Freeman
Nature of Suit: Civil Rights: Jobs
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2019 Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:19-cv-05437, filed on 09/23/2019. (sjo)
September 23, 2019 Opinion or Order Filing 22 ORDER granting #12 Motion to Change Venue; terminating #19 Motion to Stay: On August 29, 2019, Defendant filed its Motion to Transfer and to Dismiss the Complaint. (ECF No. 12.) In light of Plaintiff's consent to Defendant's motion to transfer, (see ECF Nos. 19-21), the Clerk of Court is directed to close the motions at ECF Nos. 12 and 19, and transfer this action to the Eastern District of New York. (Signed by Judge George B. Daniels on 9/23/2019) (jwh) Modified on 9/23/2019 (jwh).
September 23, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (jwh)
September 17, 2019 Filing 21 LETTER addressed to Magistrate Judge Debra C. Freeman from J. Divilly, dated 9/16/19 re: Plaintiff requests that the Court grant an extension of time, until 10/23/19, to respond to the defendant's Motion to Dismiss; and that granting his request for the additional extension of time will allow this matter to be transferred to the Eastern District of New York etc. Document filed by John J. Divilly. (Attachments: #1 Exhibit, #2 Exhibit)(sc)
September 12, 2019 Filing 20 LETTER addressed to Magistrate Judge Debra C. Freeman from J. Divilly, dated 9/12/19 re: REQUEST FOR EXTENSION TO RESPOND TO MOTION TO DISMISS(to 9/23/19). Document filed by John J. Divilly.(sc)
September 5, 2019 Filing 19 LETTER MOTION to Stay re: #17 Order for Initial Pretrial Conference,, addressed to Magistrate Judge Debra C. Freeman from Richard S. Brook dated 9/05/2019. Document filed by IBEW Local Union No. 3.(Brook, Richard)
September 3, 2019 Filing 18 NOTICE OF APPEARANCE by Patricia Eileen Palmeri on behalf of IBEW Local Union No. 3. (Palmeri, Patricia)
August 30, 2019 Opinion or Order Filing 17 SCHEDULING ORDER: The Court will hold an initial pre-trial conference on September 26, 2019, at 10:30 a.m., in the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17 A. 2. The parties are directed to submit, no later than September 19, 2019, a jointly proposed discovery plan, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Initial Conference set for 9/26/2019 at 10:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 8/30/2019) Copies Mailed By Chambers. (js)
August 30, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard S. Brook to RE-FILE Document #10 Notice of Appearance. ERROR(S): The Attorney Appearing (Patricia E. Palmeri) must file their own Notice of Appearance. (ldi)
August 29, 2019 Filing 16 CERTIFICATE OF SERVICE of Motion Papers served on John J Divilly on 8/29/2019. Service was made by UPS and ECF. Document filed by IBEW Local Union No. 3. (Brook, Richard)
August 29, 2019 Filing 15 NOTICE of Notice to Pro Se Litigant Pursuant to Local Civ R 12.1 re: #14 Memorandum of Law in Support of Motion, #13 Affirmation in Support of Motion, #12 MOTION to Change Venue and to Dismiss.. Document filed by IBEW Local Union No. 3. (Attachments: #1 Certificate of Service)(Brook, Richard)
August 29, 2019 Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Change Venue and to Dismiss. . Document filed by IBEW Local Union No. 3. (Attachments: #1 Non reported cases, #2 Certificate of Service)(Brook, Richard)
August 29, 2019 Filing 13 AFFIRMATION of Richard S Brook in Support re: #12 MOTION to Change Venue and to Dismiss.. Document filed by IBEW Local Union No. 3. (Attachments: #1 Index to Exhibits, #2 Exhibit Copy of the Complaint, #3 Exhibit Complaint in 19cv881(EDNY), #4 Exhibit EEOC Charge and Notice of Rights Letters, #5 Certificate of Service)(Brook, Richard)
August 29, 2019 Filing 12 MOTION to Change Venue and to Dismiss. Document filed by IBEW Local Union No. 3. (Attachments: #1 Certificate of Service)(Brook, Richard)
August 29, 2019 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IBEW Local Union No. 3. (Attachments: #1 Certificate of Service)(Brook, Richard)
August 29, 2019 Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Richard S. Brook on behalf of IBEW Local Union No. 3. (Brook, Richard) Modified on 8/30/2019 (ldi).
August 29, 2019 Filing 9 NOTICE OF APPEARANCE by Richard S. Brook on behalf of IBEW Local Union No. 3. (Brook, Richard)
August 29, 2019 Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #9) - MOTION to Change Venue NOA OF RICHARD S BROOK. Document filed by IBEW Local Union No. 3.(Brook, Richard) Modified on 8/30/2019 (ldi).
August 15, 2019 Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. IBEW Local Union No. 3 served on 8/15/2019, answer due 9/5/2019. Service was accepted by Thomas Cleary. Document filed by John J. Divilly. (sac)
August 15, 2019 Opinion or Order Filing 6 ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge George B. Daniels on 8/15/2019) (jca)
August 15, 2019 Opinion or Order Filing 5 MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES: IT IS ORDERED that this prose case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bona counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. SO ORDERED. (Signed by Judge George B. Daniels on 8/15/2019) (jca) Transmission to Mediation Clerk for processing.
August 15, 2019 Opinion or Order Filing 4 PRO SE PRETRIAL: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Judge Debra C. Freeman for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Debra C. Freeman and submitted to the Pro Se Intake Unit, located in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 telephone (212) 805-0175. Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro Se Intake Unit at (212) 805-0175. SO ORDERED. (Signed by Judge George B. Daniels on 8/15/2019) (jca)
August 14, 2019 Filing 2 COMPLAINT against IBEW Local Union No. 3. (Filing Fee $ $400.00, Receipt Number 465401241901)Document filed by John J. Divilly.(rdz)
August 14, 2019 Filing 1 CIVIL COVER SHEET filed. (rdz) Modified on 8/14/2019 (rdz).
August 14, 2019 Case Designated ECF. (rdz)
August 14, 2019 Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (rdz)
August 14, 2019 SUMMONS ISSUED as to IBEW Local Union No. 3. (rdz)

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Plaintiff: John J. Divilly
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Defendant: IBEW Local Union No. 3
Represented By: Patricia Eileen Palmeri
Represented By: Richard S. Brook
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