Alvarado v. Alliance for Health, Inc.
Plaintiff: Eugenia Barahona Alvarado
Defendant: Alliance for Health, Inc.
Case Number: 1:2020cv03930
Filed: May 20, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185 Labor: Suits by and against Labor Organizations
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2021 Opinion or Order Filing 41 MANDATE of USCA (Certified Copy) USCA Case Number 21-1391, 21-1392. The above-captioned proceedings are hereby CONSOLIDATED for the purposes of this order. Petitioners request, pursuant to 28 U.S.C. 1292(b), leave to appeal an interlocutory order of the district court. Upon due consideration, it is hereby ORDERED that the petitions are GRANTED. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 2325 (2d Cir. 1990). It is further ORDERED that the resulting appeals will be heard in tandem with the appeals docketed under 2d Cir. 21-631 (L) and 21-633 (Con)... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/15/2021..(nd)
September 15, 2021 Opinion or Order Filing 40 USCA Appeal Fees received $ 505.00 receipt number 465401285905 on 9/15/2021 re: 28 U.S.C. 1292(b), leave to appeal an interlocutory order of the district court. (tp) (tp).
September 15, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #39 USCA Order - Other, USCA Case Number 21-2107, were transmitted to the U.S. Court of Appeals. (tp)
September 1, 2021 Opinion or Order Filing 39 ORDER of USCA (Certified Copy) USCA Case Number 21-1391; 21-1392. The above-captioned proceedings are hereby CONSOLIDATED for the purposes of this order. Petitioners request, pursuant to 28 U.S.C. 1292(b), leave to appeal an interlocutory order of the district court. Upon due consideration, it is hereby ORDERED that the petitions are GRANTED. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 2325 (2d Cir. 1990). It is further ORDERED that the resulting appeals will be heard in tandem with the appeals docketed under 2d Cir. 21-631 (L) and 21-633 (Con).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/01/2021..(nd)
May 28, 2021 Opinion or Order Filing 38 MEMORANDUM OPINION AND ORDER re: #37 LETTER MOTION for Extension of Time to File re-certification of 28 U.S.C 1292(b) Order addressed to Judge John G. Koeltl from Kara S. Miller dated 05/26/2021. filed by Eugenia Barahona Alvarado. Accordingly, the Court grants the plaintiffs ' request and recertifies the Remand Order for immediate appeal to the Court of Appeals for the Second Circuit. The Court certifies that the controlling question of law listed above warrants immediate appeal pursuant to 28 U.S.C. 1292(b). Both cases shall remain stayed, pending a decision from the Court of Appeals. SO ORDERED. (Signed by Judge John G. Koeltl on 5/28/2021) (ks)
May 26, 2021 Opinion or Order Filing 37 LETTER MOTION for Extension of Time to File re-certification of 28 U.S.C 1292(b) Order addressed to Judge John G. Koeltl from Kara S. Miller dated 05/26/2021. Document filed by Eugenia Barahona Alvarado..(Miller, Kara)
May 11, 2021 Opinion or Order Filing 36 ORDER: By Opinion and Order, dated May 7, 2021, the Court granted the plaintiffs' motion to certify a controlling question of law, for an interlocutory appeal to the Second Circuit Court of Appeals, pursuant to 28 U.S.C. 1292(b). These cases are stayed pending a decision from the Court of Appeals. SO ORDERED. (Signed by Judge John G. Koeltl on 5/10/2021) (ks)
May 10, 2021 Opinion or Order Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #35 Memorandum & Opinion, were transmitted to the U.S. Court of Appeals.(tp)
May 7, 2021 Opinion or Order Filing 35 OPINION AND ORDER re: (28 in 1:20-cv-03930-JGK) MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b) filed by Eugenia Barahona Alvarado, (29 in 1:20-cv-03929-JGK) MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b) filed by Alvaro Ramirez Guzman, Elida Agustina Mejia Herrera, Leticia Panama Rivas. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the motion to certify the Remand Order for immediate appeal is granted. The Court certifies that the controlling question of law listed above warrants immediate appeal pursuant to 28 U.S.C. 1292(b). The Clerk is directed to close all pending motions in both dockets. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/2021) (ks) Transmission to Docket Assistant Clerk for processing.
May 7, 2021 Opinion or Order ***DELETED DOCUMENT. Deleted docket entry: CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. The entry was docketed in error in this case. (tro)
May 7, 2021 Opinion or Order Transmission to Appeals Clerk. Transmitted re: #35 Memorandum & Opinion, to the Appeals Clerk for case processing. (tro)
May 6, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 5/6/2021 re: #14 MOTION to Remand to State Court. Filed by Eugenia Barahona Alvarado, #28 MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b). Filed by Eugenia Barahona Alvarado. (Fletcher, Donnie)
April 22, 2021 Opinion or Order Filing 34 ORDER: Oral argument on the plaintiffs' Motions to Certify Controlling Issues of Law under 28 U.S.C. 1292(b) is scheduled for May 6, 2021 at 2:30 pm, via teleconference. Dial-in: 888 363-4749, with access code 8140049. SO ORDERED., ( Oral Argument set for 5/6/2021 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 4/22/2021) (ama)
April 19, 2021 Opinion or Order Filing 33 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b) . Document filed by Eugenia Barahona Alvarado..(Lusher, LaDonna)
April 9, 2021 Opinion or Order Filing 32 MEMORANDUM OF LAW in Opposition re: #28 MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b) . Document filed by Alliance for Health, Inc...(Repole, Christopher)
March 22, 2021 Opinion or Order Filing 31 ORDER: The defendants should respond to the plaintiffs' Notice of Motion to Certify Controlling Issues of Law under 28 U.S.C. 1292(b) by April 9, 2021. The plaintiffs may reply by April 19, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 3/22/2021) ( Responses due by 4/9/2021, Replies due by 4/19/2021.) (ks)
March 19, 2021 Opinion or Order Filing 30 DECLARATION of LaDonna M. Lusher in Support re: #28 MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b). Document filed by Eugenia Barahona Alvarado. (Attachments: #1 Exhibit A - 2-18-21 Fed Court Order - Motion to Remand).(Lusher, LaDonna)
March 19, 2021 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b) . Document filed by Eugenia Barahona Alvarado..(Lusher, LaDonna)
March 19, 2021 Opinion or Order Filing 28 MOTION for Leave to Appeal to Certify Controlling Issues of Law Under 28 U.S.C. 1292(b) Document filed by Eugenia Barahona Alvarado..(Lusher, LaDonna)
February 18, 2021 Opinion or Order Filing 27 OPINION AND ORDER re: (20 in 1:20-cv-03929-JGK) LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from Douglas J. Klein, Esq. dated July 10, 2020. filed by The First Chinese Presbytarian Community Affairs Home Attendant Corporation, (19 in 1:20-cv-03930-JGK) LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from Douglas J. Klein, Esq. dated July 10, 2020. filed by Alliance for Health, Inc.. The Court has considered all of the arguments of the parties. To the extent not discussed above, the arguments are either moot or without merit. For the foregoing reasons, the Plaintiffs' motions to remand are DENIED. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 2/18/2021) (ks)
December 14, 2020 Opinion or Order Filing 26 ORDER: As discussed at oral argument held on December 14, 2020, the parties may file supplemental briefing on the most important cases regarding finality in this context by December 21, 2020. Submissions should be no more than two double-spaced pages, with regular typeface and font size. (Brief due by 12/21/2020.) (Signed by Judge John G. Koeltl on 12/14/2020) (jwh)
December 7, 2020 Opinion or Order Filing 25 RESPONSE in Support of Motion re: #14 MOTION to Remand to State Court . Pursuant to the November 24, 2020 Order. Document filed by Eugenia Barahona Alvarado..(Moreno, Michele)
December 7, 2020 Opinion or Order Filing 24 LETTER addressed to Judge John G. Koeltl dated December 7, 2020 re: the Court's November 24 Order. Document filed by Alliance for Health, Inc...(Repole, Christopher)
November 24, 2020 Opinion or Order Filing 23 ORDER: The Court will hear argument on the parties' pending motions on December 14, 2020, at 2:30 pm. The Court orders the parties in the 1199SEIU case (20-cv-3611) to file supplemental briefing addressing the following points as further set forth in this Order. The parties with similar interests are strongly encouraged to coordinate to reduce redundant briefing. All supplemental submissions should be submitted no later than December 7, 2020. As further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 11/24/2020) (ks)
November 23, 2020 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 12/14/2020 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
July 30, 2020 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Eugenia Barahona Alvarado..(Lusher, LaDonna)
July 30, 2020 Opinion or Order Filing 21 DECLARATION of LaDonna M. Lusher in Support re: #14 MOTION to Remand to State Court .. Document filed by Eugenia Barahona Alvarado. (Attachments: #1 Exhibit 1 - Feb 7, 2019 Order Order with Transcript, #2 Exhibit 2- Jan 13 2020 Decision and Order on TRO, #3 Exhibit 3 - April 17, 2020 Arbitrator Award, #4 Exhibit 4 - May 18 2020 OSC, #5 Exhibit 5 - March 29 2019 FCP Order Denying Motion to Compel Arbitration, #6 Exhibit 6 - Jan 13 2020 FCP Order on TRO, #7 Exhibit 7 - Pustilnik v. Premier, #8 Exhibit 8 - Safonova v. Home Care Servs. for Indep. Living, #9 Exhibit 9 - Hichez v. United Jewish Council of the E. Side (denying arbitration)).(Lusher, LaDonna)
July 30, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney LaDonna Marie Lusher to RE-FILE Document #14 MOTION to Remand to State Court .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
July 20, 2020 Opinion or Order Filing 20 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Eugenia Barahona Alvarado. (Attachments: #1 Certification of Compliance).(Lusher, LaDonna)
July 10, 2020 Filing 19 LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from Douglas J. Klein, Esq. dated July 10, 2020. Document filed by Alliance for Health, Inc...(Klein, Douglas)
July 10, 2020 Filing 18 DECLARATION of Douglas J. Klein, Esq. in Opposition re: #14 MOTION to Remand to State Court .. Document filed by Alliance for Health, Inc.. (Attachments: #1 Exhibit A - Guzman Complaint, #2 Exhibit B - Alvarado Complaint, #3 Exhibit C - First Chinese Motion to Compel, #4 Exhibit D - Alliance Motion to Compel, #5 Exhibit E - Guzman Amended Complaint, #6 Exhibit F - Alvarado Amended Complaint, #7 Exhibit G - Alliance Answer, #8 Exhibit H - First Chinese Answer, #9 Exhibit I - Alliance Litigation Order, #10 Exhibit J - Arbitration Stipulation and Order).(Klein, Douglas)
July 10, 2020 Filing 17 JOINT MEMORANDUM OF LAW in Opposition re: #14 MOTION to Remand to State Court . . Document filed by Alliance for Health, Inc.. (Attachments: #1 Exhibit A - Guzman Complaint, #2 Exhibit B - Alvarado Complaint, #3 Exhibit C - First Chinese Motion to Compel, #4 Exhibit D - Alliance Motion to Compel, #5 Exhibit E - Guzman Amended Complaint, #6 Exhibit F - Alvarado Amended Complaint, #7 Exhibit G - Alliance Answer, #8 Exhibit H - First Chinese Answer, #9 Exhibit I - Alliance Litigation Order, #10 Exhibit J - Arbitration Stipulation and Order).(Klein, Douglas)
June 25, 2020 Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/11/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
June 25, 2020 Filing 15 TRANSCRIPT of Proceedings re: confernece held on 6/11/2020 before Judge John G. Koeltl. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020..(McGuirk, Kelly)
June 19, 2020 Filing 14 MOTION to Remand to State Court . Document filed by Eugenia Barahona Alvarado. (Attachments: #1 Memorandum of Law, #2 Declaration of LaDonna Lusher, #3 Exhibit 1 - Feb 7, 2019 Order Order with Transcript, #4 Exhibit 2- Jan 13 2020 Decision and Order on TRO, #5 Exhibit 3 - April 17, 2020 Arbitrator Award, #6 Exhibit 4 - May 18 2020 OSC (REPETITIVE EXHIBITS REMOVED), #7 Exhibit 5 - March 29 2019 FCP Order Denying Motion to Compel Arbitration, #8 Exhibit 6 - Jan 13 2020 FCP Order on TRO, #9 Exhibit 7 - Pustilnik v. Premier, #10 Exhibit 8 - Safonova v. Home Care Servs. for Indep. Living, #11 Exhibit 9 - Hichez v. United Jewish Council of the E. Side (denying arbitration)).(Lusher, LaDonna)
June 19, 2020 Filing 13 NOTICE OF APPEARANCE by Alanna Rose Sakovits on behalf of Eugenia Barahona Alvarado..(Sakovits, Alanna)
June 19, 2020 Filing 12 NOTICE OF APPEARANCE by Michele A Moreno on behalf of Eugenia Barahona Alvarado..(Moreno, Michele)
June 19, 2020 Filing 11 NOTICE OF APPEARANCE by Kara Sue Miller on behalf of Eugenia Barahona Alvarado..(Miller, Kara)
June 19, 2020 Filing 10 NOTICE OF APPEARANCE by LaDonna Marie Lusher on behalf of Eugenia Barahona Alvarado..(Lusher, LaDonna)
June 11, 2020 Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 6/11/2020. All parties present. (tro) Modified on 6/17/2020 (tro).
June 11, 2020 Opinion or Order Filing 9 ORDER: All motions in the three related cases, including motions to remand and motions to intervene, shall proceed on the following schedule: Motions are due by June 25, 2020; responses are due by July 10, 2020; replies are due by July 20, 2020. All moving parties should submit courtesy copies of their fully briefed motion papers to the Courthouse by July 20, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/2020) ( Motions due by 6/25/2020., Responses due by 7/10/2020, Replies due by 7/20/2020.) (ks)
June 1, 2020 Opinion or Order Filing 8 ORDER: A teleconference in the related cases will be held on June 11, 2020 at 11:00 AM. The parties should call in to (888)-363-4749 and use access code 8140049. The parties should consult prior to the conference about a coordinated briefing schedule for the related cases. SO ORDERED. (Signed by Judge John G. Koeltl on 5/30/2020) ( Telephone Conference set for 6/11/2020 at 11:00 AM before Judge John G. Koeltl.) (ks)
May 23, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03611-JGK. Notice of Assignment to follow. (ad)
May 23, 2020 Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad)
May 23, 2020 NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (ad)
May 21, 2020 Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-03611 (JGK). Document filed by Alliance for Health, Inc...(Ekelman, Felice)
May 21, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne)
May 21, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Christopher Michael Repole to RE-FILE Document No. #4 Notice (Other). The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the PDF. (pne)
May 21, 2020 Case Designated ECF. (pne)
May 21, 2020 CASE REFERRED TO Judge John G. Koeltl as possibly related to 20CV3611. (pne)
May 20, 2020 Filing 6 NOTICE OF APPEARANCE by Felice B. Ekelman on behalf of Alliance for Health, Inc...(Ekelman, Felice)
May 20, 2020 Filing 5 NOTICE OF APPEARANCE by Ryan Christopher Chapoteau on behalf of Alliance for Health, Inc...(Chapoteau, Ryan)
May 20, 2020 Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Filing of Related Case Statement re: #1 Notice of Removal,. Document filed by Alliance for Health, Inc...(Repole, Christopher) Modified on 5/21/2020 (pne).
May 20, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alliance for Health, Inc...(Repole, Christopher)
May 20, 2020 Filing 2 CIVIL COVER SHEET filed..(Repole, Christopher)
May 20, 2020 Filing 1 NOTICE OF REMOVAL from New York Supreme, County of New York. Case Number: 155417/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-19914583).Document filed by Alliance for Health, Inc.. (Attachments: #1 Exhibit a - State Court Action Proposed OTSC, #2 Exhibit B - State Court Notice, #3 Certificate of Service).(Repole, Christopher)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Alvarado v. Alliance for Health, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Eugenia Barahona Alvarado
Represented By: Kara Sue Miller
Represented By: Michele A Moreno
Represented By: Alanna Rose Sakovits
Represented By: LaDonna Marie Lusher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Alliance for Health, Inc.
Represented By: Ryan Christopher Chapoteau
Represented By: Christopher Michael Repole
Represented By: Felice B. Ekelman
Represented By: Douglas Joseph Klein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?