ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU) v. COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL)
| ALLEGHENY COUNTY POLICE ASSOCIATION and ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU) |
| COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL) |
| 2:2021cv01537 |
| October 26, 2021 |
| US District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Cynthia Reed Eddy |
| Civil Rights: Other |
| 28 U.S.C. § 1441 cr |
| None |
Docket Report
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| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11-22-21 before Judge Cathy Bissoon. Court Reporter Barbara Metz Loch, Telephone number 412-583-7557. Tape Number: barbarametzloch@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 12/17/2021. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (bml) |
Filing 28
ORDER. As indicated at the Preliminary Injunction Hearing, the Court does not believe that a parallel adjudication of Plaintiffs' claims, both here and before the Pennsylvania Labor Relations Board ("PLRB"), is warranted or provident. For essentially the same reasons as stated at the Hearing, and as a matter of the Court's inherent power to control the disposition of cases on its docket, this action hereby is STAYED and ADMINISTRATIVELY CLOSED. See Landis v. North Am. Co., 299 U.S. 248, 254 (1936) (inherent power to stay is informed by considerations regarding "economy of time and effort for [the Court], for counsel, and for [the] litigants"). Once proceedings before the PLRB finally are resolved, any party may file a motion to lift the stay and reopen the case. If and when the stay is lifted, Plaintiffs will be ordered to file a response to Defendant's current (renewed) Motion to Dismiss (Doc. #26 ). Signed by Judge Cathy Bissoon on 12/6/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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| Filing 27 BRIEF in Support re #26 Motion to Dismiss for Failure to State a Claim filed by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Liebenguth, Frances) |
| Filing 26 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Attachments: #1 Exhibit A, #2 Proposed Order) (Liebenguth, Frances) |
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Filing 25
ORDER. For the reasons stated at today's Hearing, Plaintiffs' Motion (Doc. #12 ) for Preliminary Injunction is DENIED; and Defendants' Motion (Doc. #14 ) to Dismiss is DENIED, WITHOUT PREJUDICE. Also, Plaintiffs' Motion (Doc. #17 ) to dismiss the Motion to Dismiss is DENIED AS MOOT. Defendants shall plead or otherwise respond to the Complaint(s) by 12/6/21. Consistent with the Order of Consolidation (see Doc. 8), counsel are encouraged, by agreement or otherwise, to minimize the need for dual-filing (e.g., filing a single answer to the complaints originated in 21-1537 and 21-1538). Finally, the Court believes that, based on the procedural posture and what has thus far transpired, the Court's Order (Doc. #6 ) regarding 12(b) procedures has been satisfied. Nevertheless, the parties remain free to confer regarding the streamlining of any and all aspects of this litigation, and the Court will entertain any agreed-upon, reasonable requests. Signed by Judge Cathy Bissoon on 11/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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| Filing 24 Witness/Exhibit List. (jhi) |
| Filing 23 Minute Entry for proceedings held before Judge Cathy Bissoon: Motion Hearing held on 11/22/2021 re #12 Joint MOTION for Preliminary Injunction Complaint in Equity filed by ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU), ALLEGHENY COUNTY POLICE ASSOCIATION. Order to follow. (Court Reporter: Barbara Loch) (jhi) |
| Update Answer Deadline: Answer due from COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL) on 12/6/21. See text Order entered today. (dcd) |
| Filing 22 REPLY BRIEF re #17 Motion to Dismiss, In Support of Motion to Dismiss filed by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Attachments: #1 Exhibit Exhibit A) (Scott, Virginia) |
| Filing 21 REPLY to Response to Motion re #16 Response to Motion, #15 Brief in Support of Motion, #14 Motion to Dismiss for Failure to State a Claim, #19 Response to Motion, #17 Motion to Dismiss, filed by ALLEGHENY COUNTY POLICE ASSOCIATION, ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU). (Attachments: #1 Proposed Order) (Retsch, Ronald) |
| Filing 20 RESPONSE to Motion re #12 Joint MOTION for Preliminary Injunction Complaint in Equity filed by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Attachments: #1 Proposed Order Proposed Order) (Scott, Virginia) |
| Filing 19 RESPONSE to Motion re #17 MOTION to Dismiss Defendant County's 12b6 motion re #15 Brief in Support of Motion, #14 Motion to Dismiss for Failure to State a Claim filed by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Attachments: #1 Proposed Order Proposed Order) (Scott, Virginia) |
| Filing 18 SUPPLEMENT by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL) to #14 Motion to Dismiss for Failure to State a Claim. (Scott, Virginia) |
| Filing 17 MOTION to Dismiss Defendant County's 12b6 motion re #15 Brief in Support of Motion, #14 Motion to Dismiss for Failure to State a Claim by ALLEGHENY COUNTY POLICE ASSOCIATION, ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Retsch, Ronald) |
| Filing 16 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALLEGHENY COUNTY POLICE ASSOCIATION, ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Proposed Order) (Retsch, Ronald) Modified text on 11/18/2021. (ept) |
| Filing 15 BRIEF in Support re #14 Motion to Dismiss for Failure to State a Claim filed by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Scott, Virginia) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Vaccination Policy, #2 Proposed Order Proposed Order) (Scott, Virginia) |
| Filing 13 BRIEF in Support re #12 Motion for Preliminary Injunction,, Complaint in Equity filed by ALLEGHENY COUNTY POLICE ASSOCIATION, ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order) (Retsch, Ronald) |
| Filing 12 Joint MOTION for Preliminary Injunction Complaint in Equity by ALLEGHENY COUNTY POLICE ASSOCIATION, ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Proposed Order) (Retsch, Ronald) |
| Filing 11 Disclosure Statement identifying None as corporate parent or other affiliate, by ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU). (Retsch, Ronald) |
| Filing 10 Disclosure Statement identifying None as corporate parent or other affiliate, by ALLEGHENY COUNTY POLICE ASSOCIATION. (Retsch, Ronald) |
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Filing 9
ORDER. Consistent with the discussions at today's Conference, the Court hereby ORDERS as follows. Defendant's motion to dismiss, and Plaintiffs' motion for injunctive relief, are due by 11/4/21. Responses to said motions are due by 11/11/21. Any discovery regarding the motions shall be completed by 11/3/21. A Hearing on the motions will be conducted, by videoconference, on 11/22/21 at 9:30 a.m. At the Hearing, each side will be afforded three hours, all inclusive, to present evidence, testimony and arguments regarding both motions. SEE PAPER ORDER CORRESPONDING WITH THIS DOCKET ENTRY FOR FURTHER DETAILED INSTRUCTIONS. Signed by Judge Cathy Bissoon on 10/29/21. (dcd)
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Filing 8
ORDER. The parties' oral Motion to Consolidate having been granted at today's Conference, it hereby is ORDERED that Civil Action No. 21-1538 is consolidated, for pretrial purposes and until otherwise ordered, with (Lead) Civil Action No. 21-1537. Plaintiff in 21-1358, ALLEGHENY COUNTY POLICE ASSOCIATION, will be added as Consolidated Plaintiff in 21-1537. Until further notice, all pleadings, motions and other papers in both cases shall be filed at the Lead Case Number, 21-1537; and filing-captions shall reference both Plaintiffs. Civil Action No. 21-1538 is ADMINISTRATIVELY CLOSED, for statistical purposes only, unless and until otherwise ordered. The administrative closure has no effect on the parties' substantive rights. Signed by Judge Cathy Bissoon on 10/29/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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| Filing 7 Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 10/29/21. Orders to follow. (Court Reporter: Karen Earley) (dcd) |
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Filing 6
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 10/29/21. (jhi)
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Filing 5
ORDER, a Telephonic Status Conference set for 10/29/2021 at 02:00 PM before Judge Cathy Bissoon. Only counsel will participate, and must familiarize themselves with the Practices and Procedures of the undersigned on the Courts website (see web page at https://www.pawd.uscourts.gov/content/cathy-bissoon-district-judge) and they will be held responsible for complying with such practices and procedures. Counsel is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, a security code will be emailed to counsel at least 24 hours prior to the hearing. Moving forward, should any participant in this case wish to be addressed by a particular pronoun or title, responsible counsel promptly shall email Bissoon_External@pawd.uscourts.gov, indicating the specified participant's pronoun and/or title preferences (i.e., he, she, they etc., and/or Mr., Ms., Mrs., Mx. etc.). Signed by Judge Cathy Bissoon on 10/28/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi)
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Filing 4
ORDER REASSIGNING CASE. Upon review of this case and the case at 2:21-cv-1538, the Court finds that neither case meets the relatedness criteria to the case at 2:20-cv-496 under the Local Rule 40.D. Therefore, the court rejects the assignment based on relatedness and orders the clerk to randomly assign this case under Local Rule 40.C. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/28/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
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| Filing 3 Errata re #2 Errata by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). Reason for Correction: Case number incorrect. (Scott, Virginia) |
| Judge Cathy Bissoon added. Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (mao) |
| Filing 2 Errata re #1 Notice of Removal, by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). Reason for Correction: Wrong document uploaded. (Scott, Virginia) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal,. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 11/3/2021. (ijh) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Errata. ERROR: Caption and/or Case number of document does not match caption and/or case number of case. CORRECTION: Attorney is directed to file an Errata with corrected caption/and or case number. (ijh) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD-21-12507 (Filing fee, including Administrative fee, $402, receipt number APAWDC-6775939), filed by COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (ijh) |
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| Plaintiff: ALLEGHENY COUNTY POLICE ASSOCIATION | |
| Represented By: | Ronald Ryan Retsch |
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| Plaintiff: ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION (ACPEIU) | |
| Represented By: | Ronald Ryan Retsch |
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| Defendant: COUNTY OF ALLEGHENY, PENNYSLVANIA (COUNTY JAIL) | |
| Represented By: | Andrew F. Szefi |
| Represented By: | Frances Marie Liebenguth |
| Represented By: | Virginia Spencer Scott |
| Represented By: | Frances M. Liebenguth |
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