Hollington v. CDM Federal Programs Corporation
| Pertricee Hollington |
| CDM Federal Programs Corporation |
| 1:2020cv06151 |
| June 9, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Jobs |
| 29 U.S.C. § 1362 E.R.I.S.A.: Liability for Termination of Single Employer Plans |
| Plaintiff |
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| Filing 33 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:20-cv-06151. Original file certified copy of transfer order and docket entries received. |
| 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. (laq) |
| Case Designated ECF. (laq) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (laq) |
| Case transferred electronically to SOUTHERN DISTRICT OF NEW YORK. Original file, certified copy of transfer order, and docket sheet. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Coleman, Laurie) [Transferred from New York Eastern on 6/9/2022.] |
ORDER granting #31 Motion to Change Venue. Upon Plaintiff's motion to transfer this action to the United States District Court for the Southern District of New York (ECF No. #26 ) and Defendant's lack of opposition (ECF No. #27 ), it is hereby ORDERED, that, pursuant to 28 U.S.C. 1404(a), the Clerk of the Court shall transfer this action to the Southern District of New York. And it is further ORDERED, that, from the date the Southern District of New York opens this case, Defendant will have fourteen days to answer, move, or otherwise respond to the Third Amended Complaint (ECF No. #25 ). Ordered by Judge Joan M. Azrack on 6/7/2022. (Patterson, Samuel) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 32 Letter Response to Plaintiff's June 1, 2022 letter by CDM Federal Programs Corporation (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 31 Letter MOTION to Change Venue submitting Plaintiff's proposed order pursuant to the Court's May 18, 2022 instructions by Pertricee Hollington. (Attachments: #1 Proposed Order) (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
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ORDER denying #26 Motion for Pre Motion Conference; granting #26 Motion to Change Venue. The Court waives its pre-motion conference requirement. The parties shall file a proposed order transferring this case to the Southern District of New York by 6/1/2022. Ordered by Judge Joan M. Azrack on 5/18/2022. (Patterson, Samuel) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 30 NOTICE of Change of Firm Address for Plaintiff's Counsel James Halter Once the filing has been made, you must login to www.pacer.gov and update your account. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 29 NOTICE of Change of Address of Blaine H. Bortnick Once the filing has been made, you must login to www.pacer.gov and update your account. (Bortnick, Blaine) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 28 REPLY to Response to Motion re #26 Letter MOTION for pre motion conference re #24 Order Adopting Report and Recommendations,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Report and Recommendations, #25 Amended Complaint Letter MOTION to Change Venue filed by Pertricee Hollington. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 27 RESPONSE to Motion re #26 Letter MOTION for pre motion conference re #24 Order Adopting Report and Recommendations,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Report and Recommendations, #25 Amended Complaint Letter MOTION to Change Venue and CDM's letter request for a pre-motion conference filed by CDM Federal Programs Corporation. (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 26 Letter MOTION for pre motion conference re #24 Order Adopting Report and Recommendations,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Report and Recommendations, #25 Amended Complaint , Letter MOTION to Change Venue by Pertricee Hollington. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 25 AMENDED COMPLAINT Third Amended Complaint against CDM Federal Programs Corporation, filed by Pertricee Hollington. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
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Filing 24
MEMORANDUM AND ORDER - Based on the foregoing (SEE ATTACHED ORDER for details), the Court adopts Judge Tiscione's #22 R&R in its entirety as the opinion of this Court. Accordingly, the Court: GRANTS Defendant's #19 motion to dismiss Plaintiff's entire complaint for lack of venue without prejudice; GRANTS Plaintiff leave to amend his complaint; and DENIES Defendant's motion to transfer venue. So Ordered by Judge Joan M. Azrack on 3/30/2022. (Coleman, Laurie) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 23 OBJECTION to #22 Report and Recommendations (Limited Objections) filed by CDM Federal Programs Corporation. (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
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Filing 22
REPORT AND RECOMMENDATIONS re #19 MOTION to Dismiss for Failure to State a Claim / Defendant's Partial Motion to Dismiss Plaintiff's Second Amended Complaint / Motion to Transfer Venue filed by CDM Federal Programs Corporation. For the reasons set forth herein, the Court respectfully recommends that Defendant's motion to dismiss be GRANTED for lack of venue as to Plaintiff's entire complaint, that the dismissal be without prejudice, and that Plaintiff be granted leave to amend his complaint. The Court respectfully recommends Defendant's motion to transfer venue be DENIED. Objections to R&R due by 3/20/2022. So Ordered by Magistrate Judge Steven Tiscione on 3/6/2022. (White, Samuel) [Transferred from New York Eastern on 6/9/2022.]
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ORDER REFERRING MOTION: The pending MOTION to dismiss/motion to transfer venue #19 is respectfully referred to Magistrate Judge Tiscione for a Report and Recommendation. 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: (1) conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment; or (2) conduct all proceedings and enter a final order on a particular motion. The applicable consent forms should be signed and filed electronically only if all parties wish to consent and it is signed by all parties. These applicable consent forms may be accessed at the following links: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf AND http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085A.pdf. You may withhold your consent without adverse substantive consequences. DO NOT return or file a consent form unless all parties have signed the consent. Ordered by Judge Joan M. Azrack on 10/22/2021. (Walsh, Catherine) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 21 NOTICE of Appearance by Jacob Freeman Mordecai Oslick on behalf of CDM Federal Programs Corporation (aty to be noticed) (Oslick, Jacob Freeman) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 20 Letter from Alnisa Bell to Judge Joan M. Azrack dated July 19, 2021 Confirming Filing of Defendant's Fully Briefed Partial Motion to Dismiss / Motion to Transfer Venue by CDM Federal Programs Corporation (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 19 MOTION to Dismiss for Failure to State a Claim / Defendant's Partial Motion to Dismiss Plaintiff's Second Amended Complaint / Motion to Transfer Venue by CDM Federal Programs Corporation. (Attachments: #1 Memorandum in Support, #2 Declaration of Alnisa Bell in Support, #3 A - EEOC Charge 1, #4 B - EEOC Charge 2, #5 C - SD Texas Complaint, #6 Memorandum in Opposition, #7 Reply Memorandum of Law) (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 18 AMENDED COMPLAINT , Second Amended Complaint against CDM Federal Programs Corporation, filed by Pertricee Hollington. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
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ORDER REASSIGNING CASE. Case reassigned to Judge Joan M. Azrack for all further proceedings. Judge Allyne R. Ross no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 6/3/2021. (Bowens, Priscilla) [Transferred from New York Eastern on 6/9/2022.]
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Filing 17
ORDER granting #16 Motion for Leave to File to file Second Amended Complaint. ( Ordered by Judge Allyne R. Ross on 6/2/2021 ) (Guzzi, Roseann) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 16 Joint MOTION for Leave to File Document , Plaintiff's Second Amended Complaint and Defendant's Motion to Dismiss or Transfer same by Pertricee Hollington. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 15 Letter Confirming Service of Defendant's Partial Motion to Dismiss Amended Complaint / Transfer Venue on May 19, 2021 by CDM Federal Programs Corporation (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 14 Letter Response to Defendant's April 26, 2021 Request for a Pre-Motion Conference by Pertricee Hollington (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
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ORDER: The court has reviewed the parties' pre-motion letters concerning defendant's anticipated motions to dismiss or to transfer and determined that a pre-motion conference is not necessary. The court grants defendant permission to bring the proposed motion as to plaintiff's New York State Human Rights Law claim. Given that plaintiff has agreed to withdraw his ERISA claim, defendant's request as to that claim is moot. The court directs that defendant's motion shall be briefed as follows: defendant's motion and supporting papers shall be served no later than May 19, 2021; plaintiff's opposition papers shall be served no later than June 2, 2021; defendant's reply papers, if any, shall be served no later than June 9, 2021. The fully briefed motion shall be filed in accordance with chambers rules no later than June 9, 2021. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 5/5/2021. (Roeck, Victoria) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 13 Letter Requesting Pre-Motion Conference Pursuant to Individual Rule III.A. by CDM Federal Programs Corporation (Attachments: #1 Exhibit Vanguard Website) (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| NOTICE: Defendant has submitted a letter requesting a pre-motion conference regarding anticipated motions to dismiss and to transfer. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motions within seven business days from service of defendant's letter, on or before May 5. (Roeck, Victoria) [Transferred from New York Eastern on 6/9/2022.] |
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ORDER granting #12 Motion for Extension of Time to April 26, 2021 to File a response to the amended complaint. So Ordered by Magistrate Judge Steven Tiscione on 4/5/2021. (Vasquez, Lea) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 12 Letter MOTION for Extension of Time to File Response to Amended Complaint by CDM Federal Programs Corporation. (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 11 AMENDED COMPLAINT against CDM Federal Programs Corporation, filed by Pertricee Hollington. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 10 Letter Confirming Service of Defendant's Motion to Dismiss Complaint on March 24, 2021 by CDM Federal Programs Corporation (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
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ORDER denying #8 Motion for Pre Motion Conference: The court has reviewed the parties' pre-motion letters concerning defendant's anticipated motion to dismiss and determined that a pre-motion conference is not necessary. The court grants defendant permission to bring the proposed motion. The court directs that defendant's motion shall be briefed as follows: defendant's motion and supporting papers shall be served no later than March 24, 2021; plaintiff's opposition papers shall be served no later than April 7, 2021; defendant's reply papers, if any, shall be served no later than April 14, 2021. The fully briefed motion shall be filed in accordance with chambers rules no later than April 14, 2021. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 3/10/2021. (Roeck, Victoria) [Transferred from New York Eastern on 6/9/2022.]
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| Filing 9 Letter Response to Defendant's March 1, 2020 Request for a Pre-Motion Conference [Dkt. No. 8] by Pertricee Hollington (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 8 Letter MOTION for pre motion conference to Judge Allyne R. Ross regarding Defendant's intention to file a motion to dismiss by CDM Federal Programs Corporation. (Attachments: #1 Exhibit A - CDM Smith Inc. Capital Accumulation Plan) (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| NOTICE: Defendant has submitted a letter requesting a pre-motion conference regarding an anticipated motion to dismiss. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendant's letter, on or before March 10, 2021. (Roeck, Victoria) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 7 WAIVER OF SERVICE Returned Executed by Pertricee Hollington. CDM Federal Programs Corporation waiver sent on 12/29/2020, answer due 3/1/2021. (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 6 NOTICE of Appearance by Lisa Louise Savadjian on behalf of CDM Federal Programs Corporation (aty to be noticed) (Savadjian, Lisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 5 Corporate Disclosure Statement by CDM Federal Programs Corporation identifying Corporate Parent CDM Smith Inc. for CDM Federal Programs Corporation. (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 4 NOTICE of Appearance by Alnisa Shakirah Bell on behalf of CDM Federal Programs Corporation (aty to be noticed) (Bell, Alnisa) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 3 Summons Issued as to CDM Federal Programs Corporation. (Landow, Concetta) [Transferred from New York Eastern on 6/9/2022.] |
| Filing 2 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. (Landow, Concetta) [Transferred from New York Eastern on 6/9/2022.] |
| This attorney case opening filing has been checked for quality control. (Landow, Concetta) [Transferred from New York Eastern on 6/9/2022.] |
| Case Assigned to Judge Allyne R. Ross 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., (Landow, Concetta) Modified docket text on 12/30/2020 (Florio, Lisa). [Transferred from New York Eastern on 6/9/2022.] |
| Filing 1 COMPLAINT against CDM Federal Programs Corporation filing fee $ 402, receipt number ANYEDC-13861980 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Pertricee Hollington. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Halter, James) [Transferred from New York Eastern on 6/9/2022.] |
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