Braithwaite et al v. Francois et al
| Paul Brathwaite, Anthony Gordon and Paul Braithwaite |
| David Keye, Shaun Francois, Mayra Vega, Willie Mitchell, Local 372 AFSCME, Antonio Jordan and Local 372 |
| 1:2020cv07736 |
| 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 28, 2020. A more recent docket listing may be available from PACER.
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| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-07734-MKV. Notice of Assignment to follow. (wb) |
| 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. (wb) |
Filing 15
ORDER: Accordingly, the plaintiffs' motion to remand [ECF #5] 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. (Signed by Judge Mary Kay Vyskocil on 9/25/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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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 5788 on 9/25/2020..(rro) |
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Filing 14
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 #5]. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order)
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| Filing 13 MEMORANDUM OF LAW in Support re: #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order. . Document filed by Paul Braithwaite, Anthony Gordon..(Schwartz, Arthur) |
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Filing 12
ORDER TO SHOW CAUSE FOR REMAND: 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 #11]. 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. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/21/2020) ( Telephone Conference set for 9/24/2020 at 04:30 PM before Judge Mary Kay Vyskocil.) (ks)
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| Filing 11 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 10 AFFIRMATION of Arthur Z. Schwartz, Exhibits 3 and 4 in Support re: #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 4 - Schwartz State Court Affirmation in Support of TRO and OSC).(Schwartz, Arthur) |
| Filing 9 AFFIRMATION of Arthur Schwartz Exhibits 2-K to 2-M in Support re: #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 2-L - Exec. Bd Minutes 12-19-19, #2 Exhibit Ex. 2-M - Judicial Panel Decision).(Schwartz, Arthur) |
| Filing 8 AFFIDAVIT of Arthur Schwartz - Exhibit 2-J in Support re: #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon..(Schwartz, Arthur) |
| Filing 7 AFFIRMATION of Arthur Schwartz -Continued Exhibits F-I in Support re: #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 2-G - Mortgage, #2 Exhibit Ex. 2-H - AFSCME Member Bill of Rights, #3 Exhibit Ex. 2-I - AFSCME Model Local Constitution).(Schwartz, Arthur) |
| Filing 6 AFFIRMATION of Arthur Z. Schwartz in Support re: #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order.. Document filed by Paul Brathwaite, Anthony Gordon. (Attachments: #1 Exhibit Ex. 1 - State Court Summons, #2 Exhibit Ex. 2 - State Court verified Complaint, #3 Exhibit Ex. 2-A Local 372 Constitution, #4 Exhibit Ex. 2-B1 - NY Times - Union Chief Accused of Embezzling, #5 Exhibit Ex. 2-B2 - NY Times - Ex-Union President Sentenced, #6 Exhibit Ex. 2-C - 2016 IRS 990, #7 Exhibit Ex. 2-D -2017 IRS 990, #8 Exhibit Ex. 2-E -2018 IRS 990).(Schwartz, Arthur) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #11 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| CASE REFERRED TO Judge Mary Kay Vyskocil as possibly related to 1:20cv7734. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roger V. Archibald. The party information for the following party/parties has been modified: Paul Braithwaite; Shaun Francois; David Keye; Antonio Jordan; Mayra Vega; Willis Mitchell; Local 372. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Arthur Z Schwartz to RE-FILE Document #5 MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order. Use the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (db) |
| Case Designated ECF. (sj) |
| Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Remand filed by Order to Show Cause with a Proposed Temporary Restraining Order. Document filed by Paul Brathwaite, Anthony Gordon..(Schwartz, Arthur) Modified on 9/21/2020 (db). |
| Filing 4 NOTICE OF APPEARANCE by Arthur Z Schwartz on behalf of Paul Brathwaite, Anthony Gordon..(Schwartz, Arthur) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-7734. Document filed by Local 372 AFSCME, Shaun Francois, Antonio Jordan, David Keye, Willie Mitchell, Mayra Vega. (Attachments: #1 Civil Cover Sheet).(Archibald, Roger) |
| Filing 2 CIVIL COVER SHEET filed..(Archibald, Roger) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme, County of New York. Case Number: 6544372020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21734423).Document filed by Mayra Vega, Local 372 AFSCME, David Keye, Shaun Francois, Willie Mitchell, Antonio Jordan..(Archibald, Roger) |
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