Mogul v. New York Public Radio et al
| Fred Mogul |
| New York Public Radio, WNYC and Audrey Cooper |
| 1:2021cv05882 |
| July 8, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 lm Petition for Removal- Labor/Mgmnt. Relatio |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2022. A more recent docket listing may be available from PACER.
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Filing 37
MEMORANDUM AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND re: #15 MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court. filed by Fred Mogul. For the foregoing reasons, Plaintiffs motion to remand to state court is GRANTED. The Clerk of Court is directed to close this case, terminate the motion at Docket No. 15, and transmit the file forthwith to the Clerk of Court in the Supreme Court, New York County. This constitutes the decision and order of the court. This is a written opinion. (Signed by Judge Colleen McMahon on 3/17/2022) BY ECF TO ALL COUNSEL14 (kv) 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 1ZE22E533710054110 on 3/17/2022..(kv)
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time. OK.. (Signed by Judge Colleen McMahon on 2/4/2022) (kv)
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Filing 35
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Wendy C. Butler dated January 27, 2022. Document filed by Audrey Cooper, New York Public Radio..(Butler, Wendy)
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time. OK.. (Signed by Judge Colleen McMahon on 1/5/2022) (kv)
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Filing 33
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Wendy C. Butler dated January 5, 2022. Document filed by Audrey Cooper, New York Public Radio..(Butler, Wendy)
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Filing 32
MEMO ENDORSEMENT on re: (31 in 1:21-cv-05882-CM) LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Wendy C. Butler dated December 5, 2021. filed by WNYC, New York Public Radio, Audrey Cooper. ENDORSEMENT: OK. SO ORDERED. (Signed by Judge Colleen McMahon on 12/14/2021) (kv)
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Filing 31
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Wendy C. Butler dated December 5, 2021. Document filed by Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 30
ENDORSED LETTER addressed to Judge Colleen McMahon from Wendy C. Butler dated 12/2/2021 re: To allow additional time for continued settlement discussions, the parties request that the Court extend ( 1) the parties' deadline to submit additional authority pursuant to the Court's November 9, 2021 Order (ECF No. 28) from December 7, 2021 until January 7, 2022, and (2) the parties' deadline to exchange initial disclosures from December 29, 2021 until January 28, 2022.. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 12/3/2021) (kv)
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Filing 29
ENDORSED LETTER addressed to Judge Colleen McMahon from Wendy C. Butler dated 11/11/2021 re: To allow time for settlement discussions, the parties request that the Court extend (1) the parties' deadline to submit additional authority pursuant to the Court's November 9, 2021 Order (ECF No. 28) from November 16, 2021 until December 7, 2021, and (2) the parties ' deadline to exchange initial disclosures from December 7, 2021 until December 29, 2021.. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 11/12/2021) (kv)
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Filing 28
ORDER: The Court has before it the fully briefed motion to dismiss of the Defendant New York Public Radio (Dkt. 18) and the fully briefed cross-motion to compel arbitration of the Plaintiff Screen Actors Guild- American Federation of Television and Radio Artists, New York Local (Dkt. 21). It is undisputed that under this Collective Bargaining Agreement ("CBA"), the termination of someone in a Reporter II position is not subject to the Grievance and Arbitration Procedure. But this case is about severance, and a dispute over severance is arbitrable under this CBA. The interesting twist in this case is that the arbitrable issue - severance - turns on a question of fact -- whether the employer actually had cause to terminate - that, if it arose in a dispute over Plaintiffs termination, would not be arbitrable. Unfortunately, none of the cases cited by the parties addresses this situation. I know how I think this should come out, but I will give the parties one week to direct the court's attention to any case in which the facts are similar to those in this case. (Signed by Judge Colleen McMahon on 11/9/2021) (kv)
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Filing 27
CASE MANAGEMENT PLAN: This case is/is not to be tried to a jury. Plaintiffs position is that this case should be tried to a jury. Defendants reserve the right to oppose Plaintiff's entitlement to a jury trial. No additional parties or pleading may be amended after 12/24/2021. All discovery, including expert discovery, must be completed on or before 5/23/2022. A joint pre-trial order shall be submitted on or before 7/8/2022. (As further set forth in this Order.) Amended Pleadings due by 12/24/2021. Joinder of Parties due by 12/24/2021. Expert Discovery due by 5/23/2022. Discovery due by 5/23/2022. Pretrial Order due by 7/8/2022. (Signed by Judge Colleen McMahon on 9/22/2021) (cf)
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Filing 26
ORDER denying #24 Letter Motion for Leave to File Document. No. It applies to everything. There is a staying proceeding. (Signed by Judge Colleen McMahon on 9/21/2021) (cf)
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Filing 25
LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Cynthia Rollings dated September 3, 2021 re: #24 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Colleen McMahon from Wendy C. Butler dated September 1, 2021. . Document filed by Fred Mogul..(Droubi, Luna)
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Filing 24
LETTER MOTION for Leave to File Sur-Reply addressed to Judge Colleen McMahon from Wendy C. Butler dated September 1, 2021. Document filed by Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 23
REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court. . Document filed by Fred Mogul..(Droubi, Luna)
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Filing 22
FIRST AMENDED COMPLAINT against Audrey Cooper, New York Public Radio, WNYC with JURY DEMAND.Document filed by Fred Mogul. (Attachments: #1 Exhibit A - Plaintiff's CV, #2 Exhibit B - Plaintiff's WNYC Bio, #3 Exhibit C - Draft Story, #4 Exhibit D - Stand-Alone Comments, #5 Exhibit E - Published Story, #6 Exhibit F - AP Story, #7 Exhibit G - New York Times Article, #8 Exhibit H - Side by Side Comparisons of NYPR/WNYC Stories in which AP Copy Was Used in the Same Way It Appeared in Plaintiff's Draft, #9 Exhibit I - Side by Side Comparisons of Stories from Other Media Organizations).(Droubi, Luna)
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Filing 21
ORDER granting #18 Letter Motion for Extension of Time. Request granted. All briefing on the motion to dismiss is stayed pending a decision on the motion to remand. (Signed by Judge Colleen McMahon on 8/19/2021) (mml)
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Filing 20
DECLARATION of Wendy C. Butler in Opposition re: #15 MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court.. Document filed by Audrey Cooper, New York Public Radio, WNYC. (Attachments: #1 Exhibit 1 - Collective Bargaining Agreement).(Butler, Wendy)
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Filing 19
MEMORANDUM OF LAW in Opposition re: #15 MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court. . Document filed by Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 18
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Wendy C. Butler dated August 11, 2021. Document filed by Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 17
DECLARATION of Cynthia Rollings in Support re: #15 MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court.. Document filed by Fred Mogul. (Attachments: #1 Exhibit 1 - Summons with Notice, dated May 5, 2021, #2 Exhibit 2 - Email string between Wendy Butler and Cynthia Rollings, dated May 12, 2021, #3 Exhibit 3 - Affidavit of Service, dated May 13, 2021, #4 Exhibit 4 - Acknowledgement of Receipt of Service, dated June 8, 2021, #5 Exhibit 5 - Notice of Appearance and Demand for Complaint, dated June 10, 2021, #6 Exhibit 6 - Plaintiffs Complaint).(Droubi, Luna)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court. . Document filed by Fred Mogul..(Droubi, Luna)
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Filing 15
MOTION to Remand to State Court or Opportunity to Amend and then Remand to Supreme Court. Document filed by Fred Mogul..(Droubi, Luna)
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Filing 14
NOTICE OF APPEARANCE by Luna Droubi on behalf of Fred Mogul..(Droubi, Luna)
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Filing 13
NOTICE OF APPEARANCE by Rebecca Leigh Pattiz on behalf of Fred Mogul..(Pattiz, Rebecca)
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Filing 12
NOTICE OF APPEARANCE by Cynthia Rollings on behalf of Fred Mogul..(Rollings, Cynthia)
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Filing 11
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Wendy C. Butler dated July 13, 2021., #1 Notice of Removal,. OK. Audrey Cooper answer due 8/24/2021; New York Public Radio answer due 8/24/2021; WNYC answer due 8/24/2021. (Signed by Judge Colleen McMahon on 7/14/2021) (nb)
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Filing 10
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 9/23/2021 at 10:00 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 9/23/2021 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 7/14/2021) (nb)
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Filing 9
CERTIFICATE OF SERVICE of Letter motion for extension of time with Ex A served on Fred Mogul on July 13, 2021. Service was made by email. Document filed by Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 8
LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Wendy C. Butler dated July 13, 2021. Document filed by Audrey Cooper, New York Public Radio, WNYC. (Attachments: #1 Exhibit A- Stipulation).(Butler, Wendy)
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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-04972-CM. Notice of Assignment to follow. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba)
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Magistrate Judge Robert W. Lehrburger 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. (vba)
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Filing 7
CERTIFICATE OF SERVICE of Notice of Removal and Exhibits, Civil Cover Sheet, Related Case Statement, Notices of Appearance, and 7.1 Statement served on Fred Mogul on July 8, 2021. Service was made by Mail. Document filed by Audrey Cooper, New York Public Radio, WNYC..(Martin, Justin)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp)
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Case Designated ECF. (gp)
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CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:21-cv-4972 (CM). (gp)
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Filing 6
NOTICE OF APPEARANCE by Justin David Martin on behalf of Audrey Cooper, New York Public Radio, WNYC..(Martin, Justin)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Public Radio..(Butler, Wendy)
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Filing 4
NOTICE OF APPEARANCE by Wendy C. Butler on behalf of Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-04972. Document filed by Audrey Cooper, New York Public Radio, WNYC..(Butler, Wendy)
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Filing 2
CIVIL COVER SHEET filed..(Butler, Wendy)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652968/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24770158).Document filed by Audrey Cooper, WNYC, New York Public Radio. (Attachments: #1 Exhibit A - Summons With Notice, #2 Exhibit B - Acknowledgment of Service, #3 Exhibit C - Complaint, #4 Exhibit D - Other Process).(Butler, Wendy)
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