Stewart v. Eastchester Professional Firefighters Local 916 et al
| Kevin Stewart |
| Eastchester Professional Firefighters Local 916 and The Eastchester Fire District |
| 7:2022cv00378 |
| January 14, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor: Suits by and against Labor Organizations |
| Plaintiff |
Docket Report
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| Filing 24 LETTER addressed to Judge Vincent L. Briccetti from Jordan El-Hag dated March 14, 2022 re: Voluntary dismissal. Document filed by Kevin Stewart. (Attachments: #1 Exhibit Text message, #2 Exhibit Approval of retirement).(El-Hag, Jordan) |
Filing 23
ORDER: Accordingly, it is hereby ORDERED that, by no later than March 14, 2022, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motions to dismiss. (Signed by Judge Vincent L. Briccetti on 3/3/2022) (ate)
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Filing 22
ORDER: On March 1, 2022, defendant Eastchester Fire District ("EFD") filed a motion to dismiss the complaint pursuant to Rule 12(b)(6). (Doc. #20). Accordingly, it is hereby ORDERED that, by no later than March 14, 2022, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss, as further set forth. (Signed by Judge Vincent L. Briccetti on 3/2/2022) (mml)
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| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by The Eastchester Fire District..(Sweeney, Paul) |
| Filing 20 MOTION to Dismiss . Document filed by The Eastchester Fire District..(Sweeney, Paul) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY -(LINKED TO A DEFICIENT DOCKET ENTRY) - MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by Eastchester Professional Firefighters Local 916, The Eastchester Fire District..(Sweeney, Paul) Modified on 3/1/2022 (lb). |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION to Dismiss . Document filed by Eastchester Professional Firefighters Local 916, The Eastchester Fire District..(Sweeney, Paul) Modified on 3/1/2022 (lb). |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY -(Linked to the wrong motion) MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Eastchester Professional Firefighters Local 916, The Eastchester Fire District..(Sweeney, Paul) Modified on 3/1/2022 (lb). |
| Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of of Motion. Document filed by Eastchester Professional Firefighters Local 916, The Eastchester Fire District..(Sweeney, Paul) Modified on 3/1/2022 (lb). |
| Filing 15 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Eastchester Professional Firefighters Local 916..(Hromadka, Matthew) |
| Filing 14 DECLARATION of Richard S. Corenthal in Support re: #13 MOTION to Dismiss .. Document filed by Eastchester Professional Firefighters Local 916. (Attachments: #1 Exhibit 1 = CBA between Local 916 and the Eastchester Fire District, #2 Exhibit 2 = Plaintiffs resignation letter to the Fire District, dated May 5, 2014, #3 Exhibit 3 = Plaintiffs Service Retirement Application, #4 Exhibit 4 = Letter from the Retirement System to Plaintiff, dated September 22, 2021, #5 Exhibit 5 = Letter from the Retirement System to Plaintiff, dated October 12, 2021, #6 Exhibit 6 = Email correspondence dated July 26, 2021, #7 Exhibit 7 = Email correspondence dated November 12, 2021, #8 Exhibit 8 = Email correspondence dated November 15, 2021, #9 Exhibit 9 = Email correspondence dated November 22, 2021).(Hromadka, Matthew) |
| Filing 13 MOTION to Dismiss . Document filed by Eastchester Professional Firefighters Local 916..(Hromadka, Matthew) |
| Filing 12 NOTICE OF APPEARANCE by Richard Scott Corenthal on behalf of Eastchester Professional Firefighters Local 916..(Corenthal, Richard) |
| Filing 11 NOTICE OF APPEARANCE by Matthew Francis Hromadka on behalf of Eastchester Professional Firefighters Local 916..(Hromadka, Matthew) |
| Filing 10 NOTICE OF APPEARANCE by Paul Jude Sweeney on behalf of Eastchester Professional Firefighters Local 916, The Eastchester Fire District..(Sweeney, Paul) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Eastchester Professional Firefighters Local 916 served on 2/8/2022, answer due 3/1/2022. Service was accepted by John Doe, authorized agent. Document filed by Kevin Stewart..(El-Hag, Jordan) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Eastchester Fire District served on 2/8/2022, answer due 3/1/2022. Service was accepted by John Doe, authorized agent. Document filed by Kevin Stewart..(El-Hag, Jordan) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Eastchester Professional Firefighters Local 916, The Eastchester Fire District. (sj) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The Eastchester Fire District and Eastchester Professional Firefighters Local 916, re: #1 Complaint. Document filed by Kevin Stewart..(El-Hag, Jordan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jordan Alexander El-Hag to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party names on the summons must exactly match what is listed on the complaint caption title;. 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. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Eastchester Fire District and Eastchester Professional Firefighters Local 916, re: #1 Complaint. Document filed by Kevin Stewart..(El-Hag, Jordan) Modified on 1/27/2022 (pc). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(vf) |
| Magistrate Judge Judith C. McCarthy 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jordan Alexander El-Hag to RE-FILE Document No. #4 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. Enter party name as to whom summons is issued for when prompted in ECF. 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to The Eastchester Fire District and Eastchester Professional Firefighters Local 916, re: #1 Complaint. Document filed by Kevin Stewart..(El-Hag, Jordan) Modified on 1/19/2022 (vf). |
| Filing 3 CIVIL COVER SHEET filed..(El-Hag, Jordan) |
| Filing 2 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - CIVIL COVER SHEET filed..(El-Hag, Jordan) Modified on 1/19/2022 (vf). |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jordan Alexander El-Hag. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| Filing 1 COMPLAINT against Eastchester Professional Firefighters Local 916, The Eastchester Fire District. (Filing Fee $ 402.00, Receipt Number ANYSDC-25590508)Document filed by Kevin Stewart..(El-Hag, Jordan) |
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