Rodriguez v. Newmark & Company Real Estate, Inc. et al
| Michael Rodriguez |
| Samuel Gonzalez, Newmark & Company Real Estate, Inc., GFP Real Estate, LLC and Musart Associates, LLC |
| 1:2019cv09607 |
| October 17, 2019 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER: granting #39 Letter Motion for Leave to File Excess Pages. The page extension request is Granted. DE # 39 resolved. DE # 38 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/06/2019) (ama)
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| Filing 43 CERTIFICATE OF SERVICE of Plaintiff's Reply Memorandum of Law to Defendants GFP's, Musart's, and Gonzalez's Opposition to Plaintiff's Motion to Remand and In Further Support of Plaintiff's Motion to Remand served on All Defendants on December 6, 2019. Service was made by Mail. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 42 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Remand . and to Defendants GFP's, Musart's, and Gonzalez's Opposition to Plaintiff's Motion to Remand. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 41 CERTIFICATE OF SERVICE of Plaintiff's Reply Memorandum of Law to Defendant Newmark's Opposition to Plaintiff's Motion to Remand, and In Further Support of Plaintiff's Motion to Remand served on All Defendants on December 6, 2019. Service was made by MAIL. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 40 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Remand . and to Defendant Newmark's Opposition to Plaintiff's Motion to Remand. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 39 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Denise K. Bonnaig dated December 6, 2019. Document filed by Michael Rodriguez.(Bonnaig, Denise) |
| Filing 38 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Denise K. Bonnaig dated December 6, 2019. Document filed by Michael Rodriguez.(Bonnaig, Denise) |
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Filing 37
ORDER: granting #36 Letter Motion for Extension of Time. The requested extension is Granted. DE # 36 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/27/2019) (ama)
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| Set/Reset Deadlines: Replies due by 12/6/2019. (ama) |
| Filing 36 FIRST LETTER MOTION for Extension of Time to file Plaintiff's Replies addressed to Judge Laura Taylor Swain from Denise K. Bonnaig, Esq. dated November 26, 2019. Document filed by Michael Rodriguez.(Bonnaig, Denise) |
| Filing 35 CERTIFICATE OF SERVICE of Declaration of Denise K. Bonnaig In Opposition to Defendant Newmark's Motion to Dismiss or to Stay Case and Compel Arbitration served on All Defendants on 11/22/2019. Service was made by MAIL. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 34 DECLARATION of Denise K. Bonnaig in Opposition re: #27 MOTION to Dismiss or to Stay Case and Compel Arbitration.. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss or to Stay Case and Compel Arbitration. . Document filed by Newmark & Company Real Estate, Inc.. (Rodriguez, Arsenio) |
| Filing 32 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Remand . . Document filed by Newmark & Company Real Estate, Inc.. (Rodriguez, Arsenio) |
| Filing 31 REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss or in the Alternative to Compel Arbitration. . Document filed by GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC. (Smith, Ivan) |
| Filing 30 JOINT LETTER addressed to Judge Laura Taylor Swain from Arsenio Rodriguez dated November 18, 2019 re: Updating the Court on the Results of the Parties Meet & Confer. Document filed by Newmark & Company Real Estate, Inc..(Rodriguez, Arsenio) |
| Filing 29 CERTIFICATE OF SERVICE of Initial Conference Order served on All Defendants on 11/12/2019. Service was made by MAIL. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Newmark Group, Inc. for Newmark & Company Real Estate, Inc.. Document filed by Newmark & Company Real Estate, Inc..(Pitcher, Stacey) |
| Filing 27 MOTION to Dismiss or to Stay Case and Compel Arbitration. Document filed by Newmark & Company Real Estate, Inc..(Pitcher, Stacey) |
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Filing 26
ORDER, It is hereby ORDERED, that the parties are directed to meet and confer concerning both motions in an effort to resolve consensually the issues raised and, failing such resolution, to discuss the parties' respective positions as to the remaining matters to be briefed. The meet and confer shall take place promptly and, to facilitate the process, the due date for the next filing as to each motion is extended to November 21, 2019. Any remaining briefing thereafter shall be filed in accordance with S.D.N.Y Local Civil Rule 6.1(b). SO ORDERED. Set Deadlines/Hearing as to #5 MOTION to Dismiss or in the Alternative to Compel Arbitration., #17 MOTION to Remand . : (Replies due by 11/21/2019.) (Signed by Judge Laura Taylor Swain on 11/1/19) (yv)
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Filing 25
INITIAL CONFERENCE ORDER: Initial Conference set for 1/10/2020 at 11:00 AM in Courtroom 17C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain, and as further set forth in this Order. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/31/2019) (rjm)
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| Filing 24 CERTIFICATE OF SERVICE of Plaintiff's Opposition to Defendants' Motion to Dismiss or Compel Arbitration served on ALL DEFENDANTS on 10/31/19. Service was made by MAIL. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 23 CERTIFICATE OF SERVICE of Motion to Remand served on All Defendants on 10/31/19. Service was made by Mail. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #5 MOTION to Dismiss or in the Alternative to Compel Arbitration. . Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 21 DECLARATION of Denise K. Bonnaig, Esq. in Opposition re: #5 MOTION to Dismiss or in the Alternative to Compel Arbitration.. Document filed by Michael Rodriguez. (Attachments: #1 Exhibit Complaint filed by Plaintiff in New York State Supreme Court, New York County on August 27, 2019, #2 Exhibit May 6, 2019 internal complaint to GFP Real Estate, LLC, #3 Exhibit May 8, 2019 email to Carlos Cabrera, union delegate, sent at 10:35 a.m., #4 Exhibit May 8, 2019 email to Cabrera sent at 8:02 p.m., #5 Exhibit May 11, 2019 email to Cabrera, #6 Exhibit May 15, 2019 email to Cabrera, #7 Exhibit May 21, 2019 email to Cabrera, #8 Exhibit May 24, 2019 email from Cabrera, #9 Exhibit June 4, 2019 email to Cabrera, #10 Exhibit June 24, 2019 email to Cabrera, #11 Exhibit 2016 Commercial Building Agreement between Local 32BJ Service Employees International Union and The Realty Advisory Board on Labor Relations, Inc., #12 Exhibit Bypass Notice from Bonnaig & Associates, LLC)(Bonnaig, Denise) |
| Filing 20 DECLARATION of Plaintiff Michael Rodriguez in Opposition re: #5 MOTION to Dismiss or in the Alternative to Compel Arbitration.. Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 MOTION to Remand . . Document filed by Michael Rodriguez. (Bonnaig, Denise) |
| Filing 18 DECLARATION of Denise K. Bonnaig, Esq. in Support re: #17 MOTION to Remand .. Document filed by Michael Rodriguez. (Attachments: #1 Exhibit Plaintiff's state court complaint filed on August 27, 2019, #2 Exhibit Declaration of Plaintiff dated October 30, 2019)(Bonnaig, Denise) |
| Filing 17 MOTION to Remand . Document filed by Michael Rodriguez.(Bonnaig, Denise) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to File. The request is granted. (Signed by Judge Laura Taylor Swain on 10/24/2019) (cf)
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| Set/Reset Deadlines: Newmark & Company Real Estate, Inc. answer due 11/7/2019. (cf) |
| Filing 15 CONSENT LETTER MOTION for Extension of Time to File Answer or Motion to Dismiss addressed to Judge Laura Taylor Swain from Arsenio Rodriguez dated October 23, 2019. Document filed by Newmark & Company Real Estate, Inc..(Rodriguez, Arsenio) |
| Filing 14 NOTICE OF APPEARANCE by Arsenio David Rodriguez on behalf of Newmark & Company Real Estate, Inc.. (Rodriguez, Arsenio) |
| Filing 13 NOTICE OF APPEARANCE by Stacey Lynn Pitcher on behalf of Newmark & Company Real Estate, Inc.. (Pitcher, Stacey) |
| Filing 12 NOTICE OF APPEARANCE by Dove Ann Elise Burns on behalf of Newmark & Company Real Estate, Inc.. (Burns, Dove) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Removal with Exhibits A - D thereto; Civil Cover Sheet; Rule 7.1 Corporate Disclosure Statements for Defendants GFP Real Estate, LLC, and Musart Associates, LLC; Notice of Motion to Dismiss or in the Alternative to Compel Arbitration; Declaration of Maureen M. Stampp in Support of Motion to Dismiss with Exhibits A - C thereto; Memorandum of Law in Support of Motion to Dismiss or in the Alternative to Compel Arbitration; A Copy of Judge Laura Taylor Swain's Individual Practices; A Copy of Magistrate Judge Ona T. Wang's Individual Practices in Civil Cases; and, A Copy of the United States District Court Southern District of New York Electronic Case Filing Rules and Instructions served on Defendant Newmark & Company Real Estate, Inc. on 10/21/2019. Service was accepted by Natalia Morales, A Person Authorized to Accept Service on Behalf of Obermayer Rebmann Maxwell & Hippel, LLP, Attorneys for Defendant Newmark & Company Real Estate, Inc.. Document filed by GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC. (Smith, Ivan) |
| Filing 10 AFFIDAVIT OF SERVICE of Notice of Removal with Exhibits A - D thereto; Civil Cover Sheet; Rule 7.1 Corporate Disclosure Statements for Defendants GFP Real Estate, LLC, and Musart Associates, LLC; Notice of Motion to Dismiss or in the Alternative to Compel Arbitration; Declaration of Maureen M. Stampp in Support of Motion to Dismiss with Exhibits A - C thereto; Memorandum of Law in Support of Motion to Dismiss or in the Alternative to Compel Arbitration; A Copy of Judge Laura Taylor Swain's Individual Practices; A Copy of Magistrate Judge Ona T. Wang's Individual Practices in Civil Cases; and, A Copy of the United States District Court Southern District of New York Electronic Case Filing Rules and Instructions served on Plaintiff Michael Rodriguez on 10/21/2019. Service was accepted by Jonathan Gomez, Doorman authorized to accept service for Bonnaig & Associates, LLC, Attorneys for Plaintiff Michael Rodriguez. Document filed by GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC. (Smith, Ivan) |
| Filing 9 NOTICE OF APPEARANCE by Maureen Maria Stampp on behalf of GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC. (Stampp, Maureen) |
| Filing 8 NOTICE OF APPEARANCE by Denise K. Bonnaig on behalf of Michael Rodriguez. (Bonnaig, Denise) |
| Filing 7 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss or in the Alternative to Compel Arbitration. . Document filed by GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC. (Smith, Ivan) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Magistrate Judge Ona T. Wang 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 6 DECLARATION of Maureen M. Stampp in Support re: #5 MOTION to Dismiss or in the Alternative to Compel Arbitration.. Document filed by GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC. (Attachments: #1 Exhibit A - Copy of New York County Supreme Court Complaint, #2 Exhibit B - Copy of Internal Complaint, #3 Exhibit C - Copy of Collective Bargaining Agreement)(Smith, Ivan) |
| Filing 5 MOTION to Dismiss or in the Alternative to Compel Arbitration. Document filed by GFP Real Estate, LLC, Samuel Gonzalez, Musart Associates, LLC.(Smith, Ivan) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Musart Associates, LLC.(Smith, Ivan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GFP Real Estate, LLC.(Smith, Ivan) |
| Filing 2 CIVIL COVER SHEET filed. (Smith, Ivan) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 158325/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17789825).Document filed by Musart Associates, LLC, GFP Real Estate, LLC, Samuel Gonzalez. (Attachments: #1 Exhibit A - Copy of New York County Supreme Court Complaint, #2 Exhibit B - Copy of Affidavit of Service, #3 Exhibit C - Consent of Defendants, #4 Exhibit D - Copy of Agreement)(Smith, Ivan) |
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