Abdulla v. United Parcel Service Inc. et al
| Aaliyah Abdulla |
| United Parcel Service Inc., Michael Grullon, Lonnie Patterson, Elijah Hamilton and JOHN DOE |
| 7:2023cv04045 |
| May 15, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: Labor/Mgt. Relations |
| 05 U.S.C. § 7101 Labor-Management Relations (Findings and Purpose) |
| None |
Docket Report
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Filing 12
ORDER granting #9 Letter Motion for Conference re: #9 LETTER MOTION for Conference re: #1 Notice of Removal, Plaintiff's request for pre-motion conference for permssion to file a Motion for Remand under 28 U.S. C. 1447(c) addressed to Judge Nelson Stephen Roman. The Court is in receipt of Plaintiff Aaliyah Abdulla's ("Plaintiff") pre-motion letter, dated June 9, 2023, seeking leave to file a motion to remand this action to state court pursuant to 28 U.S. C.1447(c), arguing that Defendants United Parcel Service, Inc., Michael Grullon, Lonnie Patterson, Elijah Hamilton, and John Doe (identified as Luis Poveda) (collectively, "Defendants")notice of removal is deficient and the Court lacks subject matter jurisdiction. (ECF No. 9.) Defendants responded on June 16, 2023, opposing the request for leave to file a motion to remand.(ECF No. 11.) The Court notes that as of June 1, 2023, the parties have been briefing on Defendants' motion to dismiss the complaint. (ECF No. 8.) The Court waives the pre-motion conference requirement and GRANTS Plaintiff's request for leave to file a motion to remand. The Court directs the parties to the following briefing schedule: Plaintiff's opening papers on her motion to remand are to be served (not filed) on or before July 20, 2023; Defendants' opposition papers on the motion to remand are to be served (not filed) on or before August 21, 2023; Plaintiff's reply papers on her motion to remand are to be served on September 5, 2023. The parties are to file their motion papers on ECF on the reply date, September 5, 2023.The parties are also directed to mail to the Court two courtesy copies and email one courtesy copy as the papers are served. The Court also STAYS the briefing schedule on the pending motion to dismiss. (See ECF No. 8.) The Court will issue an amended briefing schedule on the motion to dismiss after the Court makes a determination on the motion to remand. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 9. (Signed by Judge Nelson Stephen Roman on 6/20/2023) (ate)
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| Set/Reset Deadlines: Motions due by 9/5/2023. (ate) |
| Filing 11 LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 6/16/2023 re: #9 LETTER MOTION for Conference re: #1 Notice of Removal, Plaintiff's request for pre-motion conference for permssion to file a Motion for Remand under 28 U.S. C. 1447(c) addressed to Judge Nelson Stephen Roman from Christopher B . Document filed by JOHN DOE, JOHN DOE, Michael Grullon, Michael Grullon, Elijah Hamilton, Elijah Hamilton, Lonnie Patterson, Lonnie Patterson, United Parcel Service Inc., United Parcel Service Inc...(Tucker, MaKenna) |
| Filing 10 MEMO ENDORSEMENT on re: #9 LETTER MOTION for Conference re: #1 Notice of Removal, Plaintiff's request for pre-motion conference for permssion to file a Motion for Remand under 28 U.S. C. 1447(c) addressed to Judge Nelson Stephen Roman from Christopher B filed by Aaliyah Abdulla. ENDORSEMENT: Defendants are directed to respond on or before June 16, 2023. ( Responses due by 6/16/2023) (Signed by Judge Nelson Stephen Roman on 6/12/2023) (ate) |
| Filing 9 LETTER MOTION for Conference re: #1 Notice of Removal, Plaintiff's request for pre-motion conference for permssion to file a Motion for Remand under 28 U.S. C. 1447(c) addressed to Judge Nelson Stephen Roman from Christopher Berlingieri dated 06/09/2023. Document filed by Aaliyah Abdulla..(Berlingieri, Christopher) |
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Filing 8
ORDER granting #4 Letter Motion for Conference re: #4 LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023., #6 LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023. ; granting #6 Letter Motion for Conference re: #4 LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023., #6 LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023. The Court is in receipt of the letters filed by Defendants United Parcel Service, Inc., Michael Grullon, Lonnie Patterson, Elijah Hamilton, and John Doe (identified as Luis Poveda) (collectively, "UPS") requesting a pre-motion conference to seek leave to file a motion to dismiss. (ECF Nos. 4 and 6.) Plaintiff was given until May 26, 2023 to provide a response, but none was provided. Upon the Court's review of the letters, the Court waives the pre-motion conference requirement and GRANTS Defendants leave to file a motion to dismiss pursuant to the following briefing schedule: Defendants are to serve (not file) opening papers on or before July 6, 2023; Plaintiff is to serve (not file) opposition papers on or before August 7, 2023; Defendants are to serve reply papers on or before August 22, 2023. The parties are directed to file on ECF their motion papers on the reply date, August 22,2023. The parties are also directed to mail two courtesy copies to chambers as the papers are served, and to email one courtesy copies to chambers. The Clerk of the Court is kindly directed to terminate the motions at ECF Nos. 4 and 6. (Signed by Judge Nelson Stephen Roman on 6/1/2023) (rro)
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| Set/Reset Deadlines: Motions due by 8/22/2023. (rro) |
| Filing 7 NOTICE OF APPEARANCE by Christopher J. Berlingieri on behalf of Aaliyah Abdulla..(Berlingieri, Christopher) |
| Filing 6 LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023. Document filed by JOHN DOE, JOHN DOE, Michael Grullon, Michael Grullon, Elijah Hamilton, Elijah Hamilton, Lonnie Patterson, Lonnie Patterson, United Parcel Service Inc., United Parcel Service Inc...(Tucker, MaKenna) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Lonnie Patterson, Michael Grullon, Elijah Hamilton, United Parcel Service Inc., Michael Grullon, United Parcel Service Inc., JOHN DOE, Elijah Hamilton, Lonnie Patterson, JOHN DOE added. Party added pursuant to #1 Notice of Removal,.Document filed by Lonnie Patterson, Michael Grullon, Elijah Hamilton, United Parcel Service Inc., Michael Grullon, United Parcel Service Inc., JOHN DOE, Elijah Hamilton, Lonnie Patterson, JOHN DOE. Related document: #1 Notice of Removal,..(Tucker, MaKenna) |
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Filing 5
ORDER with respect to #4 Letter Motion for Conference re: #4 LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023. Plaintiff is directed to respond to the instant letter on or before May 26, 2023. (Signed by Judge Nelson Stephen Roman on 5/2/2023) (rro)
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| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #6 LETTER MOTION) - LETTER MOTION for Conference to File Motion to Dismiss addressed to Judge Nelson Stephen Roman from MaKenna E. Tucker dated 5/22/2023. Document filed by United Parcel Service Inc. (Tucker, MaKenna) Modified on 5/24/2023 (db). As per ECF-ERROR Email Correspondence received on 5/23/2023 @ 2:24pm. |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by United Parcel Service Inc...(Tucker, MaKenna) |
| Filing 2 CIVIL COVER SHEET filed..(Tucker, MaKenna) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney MaKenna Tucker. The party information for the following party/parties has been modified: United Parcel Service Inc., Elijah Hamilton, Lonnie Patterson, Michael Grullon. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney MaKenna Tucker. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney MaKenna Tucker re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF "in their individual capacities" and John Doe. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of Westchester. Case Number: 55572/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27742783).Document filed by United Parcel Service Inc., Elijah Hamilton, Lonnie Patterson, Michael Grullon. (Attachments: #1 Exhibit State Court File, #2 Exhibit SOS Summons, #3 Exhibit Removal Notice).(Tucker, MaKenna) |
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