Kinney v. Public Consulting Group, Inc. et al
| Joseph Kinney |
| Public Consulting Group, Inc. and Staffing Solutions Organization, LLC |
| 1:2022cv02458 |
| March 25, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Labor: Other |
| 29 U.S.C. § 2101 Worker Adjustment and Retraining Notification Act |
| None |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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Filing 42
NOTICE OF APPEAL from #40 Memorandum & Opinion, #41 Clerk's Judgment,. Document filed by Joseph Kinney. Filing fee $ 505.00, receipt number ANYSDC-27634625. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Raisner, Jack)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #42 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #42 Notice of Appeal, filed by Joseph Kinney were transmitted to the U.S. Court of Appeals. (tp)
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Filing 41
CLERK'S JUDGMENT re: #40 Memorandum & Opinion in favor of Public Consulting Group, Inc., Staffing Solutions Organization, LLC against Joseph Kinney. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 21, 2023, Defendants' motion is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/21/2023) (Attachments: #1 Appeal Package) (km)
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Filing 40
OPINION & ORDER: re: #14 MOTION to Dismiss filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. For the foregoing reasons, the Defendants' motion is GRANTED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 14, and close the case. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 3/21/2023) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing 39
AFFIDAVIT of Dale McCourt in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Consultant Agreement, #2 Exhibit Amendment 1, #3 Exhibit Amendment 2, #4 Exhibit Amendment 3, #5 Exhibit Amendment 4, #6 Exhibit Amendment 5, #7 Exhibit Amendment 6, #8 Exhibit Amendment 7, #9 Exhibit Amendment 8, #10 Exhibit Amendment 9, #11 Exhibit Amendment 10, #12 Exhibit Amendment 11, #13 Exhibit Amendment 12, #14 Exhibit Amendment 13, #15 Exhibit PCG Contract).(Burker, Isaac)
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Filing 38
DECLARATION of Tina Allen in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Schoharie County Fellowship Plan, #2 Exhibit Dutchess County Fellowship Plan, #3 Exhibit St. Lawrence County Fellowship Plan).(Burker, Isaac)
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Filing 37
AFFIDAVIT of Bryon Backerson in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 36
AFFIRMATION of Isaac J. Burker in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Hochul transcript).(Burker, Isaac)
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Filing 35
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 34
ORDER: Defendants may reply to Kinney s response in opposition, Doc. 31, by Friday, January 13, 2023. Fed. R. Civ. P. 12(d) ( All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. ) (emphasis added); see also Sahu v. Union Carbide Corp., 548 F.3d 59, 67 (2d Cir. 2008). And as set forth herein. IT IS SO ORDERED., ( Replies due by 1/13/2023.) (Signed by Judge Edgardo Ramos on 12/29/2022) (ama)
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Filing 33
AFFIRMATION of Jack A. Raisner in Support re: #31 Response in Opposition to Motion, #32 Affidavit. Document filed by Joseph Kinney. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Raisner, Jack)
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Filing 32
AFFIDAVIT of Joseph Kinney re: #31 Response in Opposition to Motion . Document filed by Joseph Kinney..(Raisner, Jack)
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Filing 31
RESPONSE in Opposition to Motion re: #14 MOTION to Dismiss . PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT. Document filed by Joseph Kinney..(Raisner, Jack)
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Filing 30
ORDER: Given the developments in this case, the Court will construe Defendants' motion to dismiss as a motion for summary judgment. Kinney may respond to Defendants' arguments and attached exhibits by no later than Friday, December 23, 2022. And as set forth herein. IT IS SO ORDERED., ( Responses due by 12/23/2022) (Signed by Judge Edgardo Ramos on 11/29/2022) (ama)
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Filing 29
AFFIRMATION of Isaac J. Burker in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Covid 19 Update, #2 Exhibit Notice to Public re Covid 19).(Burker, Isaac)
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Filing 28
AFFIDAVIT of Tina Allen in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Thank you email for dedication2-11-22, #2 Exhibit Thank you email for dedication - 3-11-22).(Burker, Isaac)
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Filing 27
AFFIDAVIT of Nicholas Abdo in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Offer of temporary position).(Burker, Isaac)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #29) AFFIDAVIT of Isaac J. Burker in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Covid 19 Update).(Burker, Isaac) Modified on 11/23/2022 (lb).
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Filing 25
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 24
SUPPLEMENTAL BRIEF re: #14 MOTION to Dismiss ., #23 Order, Set Deadlines/Hearings,, Plaintiff's Supplemental Brief on Temporary Project Exception. Document filed by Joseph Kinney..(Raisner, Jack)
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Filing 23
ORDER: The Court orders both parties to submit supplemental briefing as to this exemption. Supplemental briefing may not exceed ten pages in length. The parties are instructed to file their supplemental briefs no later than Tuesday, November 22, 2022. And as set forth herein. IT IS SO ORDERED., ( Motions due by 11/22/2022.) (Signed by Judge Edgardo Ramos on 11/09/2022) (ama)
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Filing 22
RESPONSE re: #21 Notice (Other) Defendants' Response to Plaintiff's Notice of Supplemental Authority. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 21
NOTICE of Supplemental Authority re: #18 Affirmation in Support, #17 Memorandum of Law in Opposition to Motion. Document filed by Joseph Kinney. (Attachments: #1 Exhibit A, #2 Affidavit Certificate of Service).(Raisner, Jack)
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Filing 20
REPLY AFFIRMATION of Isaac J. Burker in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Piron - MOL preliminary approval).(Burker, Isaac)
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Filing 19
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 18
AFFIRMATION of Jack A. Raisner in Support re: #17 Memorandum of Law in Opposition to Motion. Document filed by Joseph Kinney. (Attachments: #1 Exhibit 1 Second Amended Class Action Complaint).(Raisner, Jack)
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Filing 17
MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss . Plaintiff's Opposition to Motion to Dismiss. Document filed by Joseph Kinney..(Raisner, Jack)
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Filing 16
AFFIRMATION of Isaac J. Burker in Support re: #14 MOTION to Dismiss .. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Attachments: #1 Exhibit Class Action Complaint, #2 Exhibit Piron v. General Dynamics - Order).(Burker, Isaac)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 14
MOTION to Dismiss . Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. Responses due by 8/17/2022.(Burker, Isaac)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 7/6/2022 by telephone. Plaintiff's and Defendants' counsel present. Defendants are granted leave to file a motion to dismiss with the following briefing schedule: moving papers due July 27, 2022; oppositions due August 17, 2022; and reply due August 24, 2022. (jar)
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Filing 13
LETTER addressed to Judge Edgardo Ramos from Jack A. Raisner dated 6/16/2022 re: Response to Defendants Letter-Motion Seeking Leave to File Motion to Dismiss ECF 11. Document filed by Joseph Kinney..(Raisner, Jack)
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Filing 12
MEMO ENDORSEMENT: on re: #11 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint. addressed to Judge Edgardo Ramos from Isaac J. Burker dated June 13, 2022 filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC. ENDORSEMENT: A telephonic pre-motion conference will be held on July 6, 2022 at 11:30 am. The parties are instructed to dial 877-411-9748 and enter access code 3029857# when prompted. The plaintiff is directed to respond in a letter of no more than 3 pages by June 16, 2022. SO ORDERED., ( Responses due by 6/16/2022, Telephonic Pre-Motion Conference set for 7/6/2022 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 6/13/2022) (ama)
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Filing 11
LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Edgardo Ramos from Isaac J. Burker dated June 13, 2022. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Public Consulting Group Holdings, Inc. for Public Consulting Group, Inc., Staffing Solutions Organization, LLC. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 9
NOTICE OF APPEARANCE by Isaac Jonathan Burker on behalf of Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Burker, Isaac)
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Filing 8
NOTICE OF APPEARANCE by Timothy James Domanick on behalf of Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Domanick, Timothy)
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Filing 7
ORDER: granting #6 Letter Motion for Extension of Time to Answer re #6 CONSENT LETTER MOTION for Extension of Time to File Answer EXTENSION OF TIME TO RESPOND TO COMPLAINT UNTIL JUNE 13, 2022. addressed to Judge Edgardo Ramos from Kristi Rich Winters dated May 5, 2022. The extension until June 13, 2022 is granted. SO ORDERED. Public Consulting Group, Inc. answer due 6/13/2022; Staffing Solutions Organization, LLC answer due 6/13/2022. (Signed by Judge Edgardo Ramos on 5/05/2022) (ama)
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Filing 6
CONSENT LETTER MOTION for Extension of Time to File Answer EXTENSION OF TIME TO RESPOND TO COMPLAINT UNTIL JUNE 13, 2022 addressed to Judge Edgardo Ramos from Kristi Rich Winters dated May 5, 2022. Document filed by Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Winters, Kristi)
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Filing 5
NOTICE OF APPEARANCE by Kristi Rich Winters on behalf of Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(Winters, Kristi)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Public Consulting Group, Inc., Staffing Solutions Organization, LLC..(sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jack A. Raisner. The party information for the following party/parties has been modified: Joseph Kinney. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (sj)
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Magistrate Judge Sarah L. Cave 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
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Case Designated ECF. (sj)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Public Consulting Group, Inc. Staffing Solutions Organization, LLC, re: #1 Complaint. Document filed by Joseph Kinney..(Raisner, Jack)
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Filing 2
CIVIL COVER SHEET filed..(Raisner, Jack)
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Filing 1
COMPLAINT against Public Consulting Group, Inc., Staffing Solutions Organization, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25918068)Document filed by Joseph Kinney..(Raisner, Jack)
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