Cestaro v. Prohaska et al
| Joseph Cestaro |
| Michael Prohaska and Construction and General Building Laborers Local 79 |
| 1:2022cv09444 |
| November 4, 2022 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Labor: Other |
| 29 U.S.C. § 185 Labor: Suits by and against Labor Organizations |
| Defendant |
Docket Report
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
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Filing 23
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 1/6/2023. Joinder of Parties due by 1/6/2023. Motions due by 4/14/2023. Responses due by 5/3/2023 Replies due by 5/15/2023. Deposition due by 3/24/2023. Discovery due by 4/3/2023. Final Pretrial Conference set for 5/24/2023 at 11:00 AM before Judge Jed S. Rakoff. Ready for Trial by 5/23/2023. (Signed by Judge Jed S. Rakoff on 12/22/2022) (kv)
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Filing 22
RESPONSE in Support of Motion re: #16 MOTION to Dismiss Notice of Motion. Defendants' Supplemental Letter in Support of Motion to Dismiss. Document filed by Construction and General Building Laborers Local 79, Michael Prohaska..(DeChiara, Peter)
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Filing 21
ORDER denying #10 Motion to Remand. As stated on the record during the Court's 12/22/22 hearing, the Court determines that several of Cestaro's claims (including but not limited to his breach of contract, wrongful termination, and tortious interference with contract claims) require interpreting a union constitution and are therefore completely preempted by and arise under Section 301 (a) of the Labor Management Relations Act. 2 9 U.S. C. 185(a). As also stated on the record, each of Cestaro's claims that does not arise under federal law shares a common factual core with his federally preempted claims and this Court therefore has supplemental jurisdiction over them. 28 U.S.C. 1367(a). The Court therefore denies Cestaro's motion to remand. The Clerk is respectfully directed to close entry # 10 on the docket. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 12/22/2022) (kv)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Remand . . Document filed by Joseph Cestaro..(Brick, Brian)
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Filing 19
REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Notice of Motion. . Document filed by Construction and General Building Laborers Local 79, Michael Prohaska..(DeChiara, Peter)
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Filing 18
PROPOSED CASE MANAGEMENT PLAN. Document filed by Joseph Cestaro..(Brick, Brian)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Notice of Motion. . Document filed by Construction and General Building Laborers Local 79, Michael Prohaska. (Attachments: #1 Exhibit A).(DeChiara, Peter)
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Filing 16
MOTION to Dismiss Notice of Motion. Document filed by Construction and General Building Laborers Local 79, Michael Prohaska. Responses due by 12/7/2022 Return Date set for 12/19/2022 at 05:00 PM..(DeChiara, Peter)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Peter Dante DeChiara to RE-FILE Document #9 MOTION to Dismiss Defendants Memorandum in Support of Motion to Dismiss. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the #8 Notice AS THE MOTION to Dismiss, then file any supporting documents. (db)
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Filing 15
MEMORANDUM OF LAW in Opposition re: #9 MOTION to Dismiss Defendants Memorandum in Support of Motion to Dismiss. . Document filed by Joseph Cestaro..(Brick, Brian)
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Filing 14
DECLARATION of Michael Prohaska in Opposition re: #10 MOTION to Remand .. Document filed by Construction and General Building Laborers Local 79, Michael Prohaska. (Attachments: #1 Exhibit A).(DeChiara, Peter)
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Filing 13
MEMORANDUM OF LAW in Opposition re: #10 MOTION to Remand . . Document filed by Construction and General Building Laborers Local 79, Michael Prohaska..(DeChiara, Peter)
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Filing 12
DECLARATION of Brian H. Brick, Esq. in Support re: #10 MOTION to Remand .. Document filed by Joseph Cestaro. (Attachments: #1 Exhibit March 3, 2021 letter from Cohen Weiss and Simon LLP to Plaintiffs attorneys, #2 Exhibit February 24, 2021 letter from Gorlick, Kravitz & Listhaus, P.C. to Plaintiffs attorneys).(Brick, Brian)
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Filing 11
MEMORANDUM OF LAW in Support re: #10 MOTION to Remand . . Document filed by Joseph Cestaro..(Brick, Brian)
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Filing 10
MOTION to Remand . Document filed by Joseph Cestaro. Return Date set for 12/22/2022 at 04:00 PM..(Brick, Brian)
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Filing 9
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Defendants Memorandum in Support of Motion to Dismiss. Document filed by Construction and General Building Laborers Local 79, Michael Prohaska. Responses due by 12/7/2022 Return Date set for 12/19/2022 at 05:00 PM. (Attachments: #1 Exhibit A).(DeChiara, Peter) Modified on 12/8/2022 (db).
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Filing 8
NOTICE of Defendants Notice of Motion to Dismiss. Document filed by Construction and General Building Laborers Local 79, Michael Prohaska..(DeChiara, Peter)
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Filing 7
NOTICE OF APPEARANCE by Peter Dante DeChiara on behalf of Construction and General Building Laborers Local 79, Michael Prohaska..(DeChiara, Peter)
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Filing 6
NOTICE OF COURT CONFERENCE: Initial Conference set for 12/22/2022 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 11/10/2022) (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/9/2022, ( Oral Argument set for 12/22/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 5
NOTICE OF APPEARANCE by Brian Howard Brick on behalf of Joseph Cestaro..(Brick, Brian)
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Magistrate Judge James L. Cott 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(pc)
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Case Designated ECF. (pc)
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Filing 4
CERTIFICATE OF SERVICE of Notice of Removal and Docketing of Notice of Removal in New York Supreme Court served on Edward Marcowitz & Brian H. Brick, Counsel for Plaintiff Joseph Cestaro on 11/4/2022. Service was made by Mail. Document filed by Construction and General Building Laborers Local 79, Michael Prohaska..(DeChiara, Peter)
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Filing 3
NOTICE OF APPEARANCE by Eyad Asad on behalf of Construction and General Building Laborers Local 79, Michael Prohaska..(Asad, Eyad)
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Filing 2
CIVIL COVER SHEET filed..(DeChiara, Peter)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158695/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26918638).Document filed by Michael Prohaska, Construction and General Building Laborers Local 79. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - LIUNA Uniform Constitution Excerpts).(DeChiara, Peter)
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