DeSena v. Core Facility Services, LLC et al
| Danny DeSena |
| Service Employees International Union Local 32BJ, Donna Ferrara, The New York City Administration for Children's Services, Core Facility Services, LLC and Mike DiLeone |
| 1:2021cv01584 |
| February 22, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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Filing 35
STIPULATION STAYING THE ACTION, IT IS HEREBY STIPULATED by and between the undersigned that: 1. The parties agree to submit this matter to mandatory mediation pursuant to the Agreement and Protocol between the Realty Advisory Board on Labor Relations and Local 32B, Service Employees International Union ("the Protocol"). Core Facility Services, LLC shall bear the cost of the mediation. 2. This action shall be stayed pending the completion of the mediation, and defendants' time to answer or otherwise respond shall be extended until 10 days following the conclusion of the mediation. The parties shall notify the Court upon conclusion of the mediation as to whether the matter has been settled or the action will proceed before the Court. 3. None of the parties waive any legal position with regard to the mandatory arbitrability of the claims in the complaint under the Protocol. GRANTED. The parties shall file a letter on June 21, 2021, and every sixty days thereafter, updating the Court on the status of the mediation. SO ORDERED. Case stayed. (Signed by Judge Analisa Torres on 4/19/2021) (kv)
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| Filing 34 LETTER addressed to Judge Analisa Torres from Jerrold F. Goldberg dated April 15, 2021 re: Stipulation to Stay Action Pending Mediation. Document filed by Core Facility Services, LLC, Mike DiLeone, Donna Ferrara. (Attachments: #1 Proposed Stipulation & Order To Stay Action Pending Mediation).(Goldberg, Jerrold) |
| Filing 33 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The New York City Administration for Children's Services served on 4/9/2021, answer due 5/15/2021. Service was made by MAIL. Document filed by Danny DeSena..(Williams, Joseph) |
| Filing 32 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The New York City Administration for Children's Services served on 3/5/2021, answer due 5/15/2021. Service was accepted by Peninna Oren and Ana Rodriguez (by Email). Document filed by Danny DeSena. (Attachments: #1 Exhibit 1 -- Letter from Agency Requesting Service by Email).(Williams, Joseph) |
| Filing 31 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service Employees International Union Local 32BJ served on 3/9/2021, answer due 4/15/2021. Service was accepted by Brunilda Suarez, Operations Coordinator. Document filed by Danny DeSena..(Williams, Joseph) |
| Filing 30 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Mike DiLeone served on 3/9/2021, answer due 4/15/2021. Service was accepted by Mike DiLeone aka Michael DiLeone. Document filed by Danny DeSena..(Williams, Joseph) |
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to Answer re #28 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Andrew Strom dated 3/30/2021., #1 Complaint,. GRANTED. By April 15, 2021, Defendant Local 32BJ shall answer or otherwise respond to the complaint. SO ORDERED., Service Employees International Union Local 32BJ answer due 4/15/2021. (Signed by Judge Analisa Torres on 3/30/2021) (rj)
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| Filing 28 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Andrew Strom dated 3/30/2021. Document filed by Service Employees International Union Local 32BJ..(Strom, Andrew) |
| Filing 27 NOTICE OF APPEARANCE by Andrew Lee Strom on behalf of Service Employees International Union Local 32BJ..(Strom, Andrew) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Answer re #25 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Lora Minicucci dated March 25, 2021., #1 Complaint. GRANTED. By May 15, 2021, Defendant ACS shall answer or otherwise respond to the complaint. SO ORDERED. The New York City Administration for Children's Services answer due 5/15/2021 (Signed by Judge Analisa Torres on 3/29/2021) (kv)
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| Filing 25 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Lora Minicucci dated March 25, 2021. Document filed by The New York City Administration for Children's Services..(Minicucci, Lora) |
| Filing 24 NOTICE OF APPEARANCE by Lora Minicucci on behalf of The New York City Administration for Children's Services..(Minicucci, Lora) |
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Filing 23
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND ORDERED that defendants' Core Facility Services, LLC, Mike DiLeone and Donna Ferrara's time to answer or otherwise move with respect to the complaint is hereby extended to and including April 15, 2021. This Stipulation may be signed in counterparts, and facsimile or e-mail copies of this Stipulation and the signatures contained hereon shall be deemed to be originals for this purpose only. SO ORDERED., Core Facility Services, LLC answer due 4/15/2021; Mike DiLeone answer due 4/15/2021; Donna Ferrara answer due 4/15/2021., Motions terminated: #22 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Analisa Torres from Jerrold Goldberg dated 3/24/21. filed by Core Facility Services, LLC, The New York City Administration for Children's Services, Service Employees International Union Local 32BJ. (Signed by Judge Analisa Torres on 3/25/2021) (ama)
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| Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Analisa Torres from Jerrold Goldberg dated 3/24/21. Document filed by Core Facility Services, LLC, Service Employees International Union Local 32BJ, The New York City Administration for Children's Services..(Goldberg, Jerrold) |
| Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Core Facility Services, LLC served on 3/12/2021, answer due 4/2/2021. Service was accepted by NANCY DOUGHERTY, BUSINESS DOCUMENT SPECIALIST (SECRETARY OF STATE SERVICE). Document filed by Danny DeSena..(Williams, Joseph) |
| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Core Facility Services, LLC served on 3/4/2021, answer due 3/25/2021. Service was accepted by LYNANNE GARES, MANAGING AGENT. Document filed by Danny DeSena..(Williams, Joseph) |
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Filing 19
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:20 a.m. on June 22, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 6/22/2021 at 10:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 3/2/2021) (kv)
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Filing 18
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 3/2/2021) (kv)
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Filing 17
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 3/2/2021) (kv)
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| Filing 16 ELECTRONIC SUMMONS ISSUED as to Service Employees International Union Local 32BJ. (sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to The New York City Administration for Children's Services. (sj) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Donna Ferrara. (sj) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Administration for Children's Services, re: #1 Complaint,. Document filed by Danny DeSena..(Williams, Joseph) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Service Employees International Union Local 32BJ, re: #1 Complaint,. Document filed by Danny DeSena..(Williams, Joseph) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Donna Ferrara, re: #1 Complaint,. Document filed by Danny DeSena..(Williams, Joseph) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Core Facility Services, LLC. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Mike DiLeone. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jillian Todd Weiss to RE-FILE Document No. #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption must exactly match the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 8 NOTICE OF APPEARANCE by Joseph D. Williams on behalf of Danny DeSena..(Williams, Joseph) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Core Facility Services, LLC, re: #1 Complaint,. Document filed by Danny DeSena..(Weiss, Jillian) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Mike DiLeone, re: #1 Complaint,. Document filed by Danny DeSena..(Weiss, Jillian) |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Service Employees International Union Local 32BJ, re: #1 Complaint. Document filed by Danny DeSena..(Weiss, Jillian) Modified on 2/23/2021 (sj). |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Administration for Children's Services, re: #1 Complaint. Document filed by Danny DeSena..(Weiss, Jillian) Modified on 2/23/2021 (sj). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Donna Ferrara, re: #1 Complaint. Document filed by Danny DeSena..(Weiss, Jillian) Modified on 2/23/2021 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Weiss, Jillian) |
| Filing 1 COMPLAINT against Core Facility Services, LLC, Mike DiLeone, Donna Ferrara, Service Employees International Union Local 32BJ, The New York City Administration for Children's Services. (Filing Fee $ 402.00, Receipt Number BNYSDC-24036761)Document filed by Danny DeSena..(Weiss, Jillian) |
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