Rakowicz et al v. ABM Industry Groups, LLC et al
| Waldemar Rakowicz, Roman Karwan, Adam Koniarz, Miguel Dalmasi and Michael Blue |
| ABM Industry Groups, LLC and UG2 LLC |
| 1:2023cv09254 |
| October 20, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Other |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Fact Discovery due by 4/18/2024. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 8 days. Pre-Motion Conference set for 6/19/2024 at 04:10 PM before Judge Lorna G. Schofield. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/14/2023) (mml)
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Filing 23
ORDER granting #21 Letter Motion to Adjourn ConferenceIt is hereby ORDERED that the December 20, 2023, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue separately. The parties' attention is directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss following a decision on Plaintiffs pending motion for remand, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2.. (Signed by Judge Lorna G. Schofield on 12/14/2023) (jca)
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| Filing 22 JOINT LETTER addressed to Judge Lorna G. Schofield from Avi Mermelstein dated December 13, 2023 re: joint letter in advance of conference per Nov. 6, 2023 Order. Document filed by Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz. (Attachments: #1 Proposed Order Civil Case Management Plan and Scheduling Order).(Mermelstein, Avi) |
| Filing 21 CONSENT LETTER MOTION to Adjourn Conference Currently Scheduled For December 20, 2023 at 4:10pm addressed to Judge Lorna G. Schofield from Jeremy M. Brown dated December 13, 2023. Document filed by ABM Industry Groups, LLC..(Brown, Jeremy) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz..(Mermelstein, Avi) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Remand to State Court . . Document filed by ABM Industry Groups, LLC..(Brown, Jeremy) |
| Filing 18 DECLARATION of James Larkin in Opposition re: #14 MOTION to Remand to State Court .. Document filed by UG2 LLC. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Exhibit B - Memorandum of Agreement).(Fuller, Cassandra) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Remand to State Court . . Document filed by UG2 LLC..(Fuller, Cassandra) |
| Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz..(Mermelstein, Avi) |
| Filing 15 DECLARATION of Avi Mermelstein in Support re: #14 MOTION to Remand to State Court .. Document filed by Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz. (Attachments: #1 Exhibit A: complaint, #2 Exhibit B: UG2 Notice of Removal, #3 Exhibit C: ABM Notice of Removal).(Mermelstein, Avi) |
| Filing 14 MOTION to Remand to State Court . Document filed by Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz..(Mermelstein, Avi) |
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Filing 13
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 20, 2023 at 4:10p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 12/20/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/6/2023) (mml)
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| Filing 12 MEMO ENDORSEMENT on re: #11 Letter, filed by Miguel Dalmasi, Roman Karwan, Waldemar Rakowicz, Michael Blue, Adam Koniarz. ENDORSEMENT: Application GRANTED in part. The parties shall brief Plaintiffs' anticipated motion to remand, in accordance with the applicable Individual Rules, as follows: Moving papers: November 21, 2023; Opposition: December 6, 2023; Reply: December 13, 2023. ( Motions due by 11/21/2023., Replies due by 12/13/2023., Responses due by 12/6/2023) (Signed by Judge Lorna G. Schofield on 11/6/2023) (vfr) |
| Filing 11 LETTER addressed to Judge Lorna G. Schofield from Avi Mermelstein dated 11/3/2023 re: briefing schedule. Document filed by Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz. (Attachments: #1 Proposed Order scheduling order (briefing schedule)).(Mermelstein, Avi) |
| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Jeremy M. Brown dated October 27, 2023 re: Motion and Briefing Schedule. Document filed by ABM Industry Groups, LLC..(Brown, Jeremy) |
| Filing 9 NOTICE OF APPEARANCE by Avi Mermelstein on behalf of Michael Blue, Miguel Dalmasi, Roman Karwan, Adam Koniarz, Waldemar Rakowicz..(Mermelstein, Avi) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by UG2 LLC..(Fuller, Cassandra) |
| Filing 7 CIVIL COVER SHEET filed..(Fuller, Cassandra) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Cassandra Santoro Fuller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the second page of the PDF was omitted;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 DECLARATION of Richard Kolb in Support re: #5 Notice (Other),. Document filed by ABM Industry Groups, LLC. (Attachments: #1 Exhibit A - FIT and ABM Contract, #2 Exhibit B - Renewals to ABM Contract with FIT, #3 Exhibit C - Collective Bargaining Agreements).(Brown, Jeremy) |
| Filing 5 NOTICE of Notice of removal Subsequent and Supplemental to Co-Defendant's Notice of Removal re: #1 Notice of Removal,. Document filed by ABM Industry Groups, LLC. (Attachments: #1 Exhibit 1 - New York State Supreme Court Summons and Complaint).(Brown, Jeremy) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ABM Industries Incorporated, Other Affiliate BlackRock, Inc. (Owner of Ten Percent Plus Stock) for ABM Industry Groups, LLC. Document filed by ABM Industry Groups, LLC..(Brown, Jeremy) |
| Filing 3 NOTICE OF APPEARANCE by Jeremy Miller Brown on behalf of ABM Industry Groups, LLC..(Brown, Jeremy) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Fuller, Cassandra) Modified on 10/23/2023 (jgo). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653412/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28456004).Document filed by UG2 LLC. (Attachments: #1 Exhibit State Court Summons & Complaint).(Fuller, Cassandra) |
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