Brathwaite et al v. Francois et al
| Anthony Gordon, Paul Brathwaite and Paul Braithwaite |
| Shaun Francois, Yvette Elliot and Yvette Elliott |
| 1:2020cv07734 |
| September 18, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Labor: Other |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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Filing 16
ORDER GRANTING MOTION TO REMAND granting #4 Motion to Remand. The plaintiffs' motion to remand [ECF #4] is GRANTED. The Clerk of Court is respectfully directed to remand this case back to the New York Supreme Court and then close this case; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 9/25/2020) (mro) Transmission to Docket Assistant Clerk for processing. Modified on 9/25/2020 (mro).
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| 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. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1001 5797 on 9/25/20. (mro) |
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Filing 15
For the reasons stated on the record at the hearing held on September 24, 2020 and in a forthcoming order, IT IS HEREBY ORDERED that this case shall be remanded back to the New York Supreme Court [ECF #4](HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order)
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| Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Telephone Conference held on 9/24/2020. (Court Reporter Andrew Walker) (rz) |
| Filing 14 MEMORANDUM OF LAW in Support re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order. . Document filed by Paul Braithwaite, Anthony Gordon. (Attachments: #1 Appendix A - AFSCME Press Release, #2 Appendix B - Sample Mail Ballot).(Schwartz, Arthur) |
| Filing 13 FIRST MEMORANDUM OF LAW in Opposition re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order. . Document filed by Yvette Elliott, Shaun Francois..(Archibald, Roger) |
| Filing 12 DECLARATION of Roger V. Archibald in Opposition re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order.. Document filed by Yvette Elliott, Shaun Francois. (Attachments: #1 Exhibit Exhibit 1- Notice of Motion to Dismiss, #2 Exhibit Exhibit 2 -Roger V Archibald Affirmation, #3 Exhibit Exhibit A - Francois Affidavit, #4 Exhibit Exhibit A-1 - Schwartz Email, #5 Exhibit Exhibit B - Isbilir Affidavit, #6 Exhibit Exhibit C- Elliot Affidavit, #7 Exhibit xhibit D - Roach Email, #8 Exhibit xhibit E- Local 372 General Membership Meeting 5/01/2017, #9 Exhibit Exhibit 3 -State Court Memo of Law - Archibald 9/11/2020, #10 Exhibit Exhibit 4- Affidavit of Maralin Falik, #11 Exhibit Exhibit 5- Affidavit of Judith Rivlin, #12 Exhibit Exhibit 5-1 - Local 372 Constitution, #13 Exhibit Exhibit 5-2 - Afscme Constitution, #14 Exhibit Exhibit 6- Excerpts of Local 372 and Afscme Constitution, #15 Exhibit Exhibit 7- US Department of Labor Electing Union Officers, #16 Exhibit Exhibit 8- Judicial Panel Case No. 17-89).(Archibald, Roger) |
| Filing 11 AMENDED MEMORANDUM OF LAW in Support re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order. . Document filed by Paul Braithwaite, Anthony Gordon..(Schwartz, Arthur) |
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Filing 10
ORDER TO SHOW CAUSE FOR REMAND AND TRO: IT IS HEREBY ORDERED that, on September 24, 2020 at 4:30 PM, the defendants shall show cause why this case should not be remanded back to the Supreme Court of New York [ECF #4, 8, 9]. Due to the ongoing COVID-19 pandemic, the hearing shall be held by telephone. The hearing can be accessed by calling the Court's teleconference line at 888-278-0296 at the scheduled time. When prompted, enter Access Code 5195844. The Court will join once all of the parties are on the line. IT IS FURTHER ORDERED that the defendants shall file their brief in opposition to the motion to remand by September 23, 2020 at 9:00 AM. IT IS FURTHER ORDERED that, to preserve the effect of the Temporary Restraining Order granted by Justice Louis Nock of the New York Supreme Court pending the September 24, 2020 hearing on the plaintiffs' motion to remand, the defendants continue to be enjoined from mailing a ballot to the members of Local 372 for the election of officers and delegates. See Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Local No. 70 of Alameda Cty., 415 U.S. 423, 436 (1974). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/21/2020) ( Responses due by 9/23/2020, Telephone Conference set for 9/24/2020 at 04:30 PM before Judge Mary Kay Vyskocil.) (ks)
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| Filing 9 MEMORANDUM OF LAW in Support re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order. . Document filed by Paul Braithwaite, Anthony Gordon..(Schwartz, Arthur) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Paul Braithwaite, Anthony Gordon..(Schwartz, Arthur) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 AFFIRMATION of Arthur Schwartz, Exhibits 1-F through 1-I, Exhibits 2,3,and 4 in Support re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 1-G - Brathwaite Appeal, #2 Exhibit Ex. 1-H - Sample Ballot, #3 Exhibit Ex. 1-I - Email re mailing, #4 Exhibit Ex. 2 - Schwartz Declaration in Support of State Court TRO, #5 Exhibit Ex. 3. Order To Show Cause With Temporary Restraining Order entered in NY State Supreme Court, #6 Exhibit Ex. 4 - Defendnats' Memo of Law In Support of Motion to Dismiss).(Schwartz, Arthur) |
| Filing 6 AFFIDAVIT of Arthur Z. Schwartz, Exhibits C - E in Support re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 1-D Notice of Nominations, #2 Exhibit Ex. 1-E)1) - 2017 Sample Ballot, #3 Exhibit Ex. 1-E(2) - 2017 Election Results).(Schwartz, Arthur) |
| Filing 5 AFFIRMATION of Arthur Z. Schwartz and Exhibits 1, and 1A-1B(2) in Support re: #4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 1 -First Amended Verified Complaint, #2 Exhibit Ex. 1 -A Local 372 Constitution, #3 Exhibit Ex. 1-B(1) - AFSCME Model Local Constitution, #4 Exhibit Ex. 1-B(2) - AFSCME Election Code).(Schwartz, Arthur) |
| Filing 4 MOTION to Remand brought by Order to Show Cause, With A Request for a Continuation of the State Court Temporary Restraining Order. Document filed by Paul Brathwaite, Anthony Gordon..(Schwartz, Arthur) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roger V. Archibald. The party information for the following party/parties has been modified: Shaun Francois; Yvette Elliott; Paul Braithwaite. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Magistrate Judge Sarah Netburn 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. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Filing 3 NOTICE OF APPEARANCE by Arthur Z Schwartz on behalf of Paul Brathwaite, Anthony Gordon..(Schwartz, Arthur) |
| Filing 2 CIVIL COVER SHEET filed..(Archibald, Roger) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme, County of New York. Case Number: 6541622020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21734207).Document filed by Yvette Elliot, Shaun Francois..(Archibald, Roger) |
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