MOODY v. CONSTRUCTION GENERAL LABORERS' LOCAL UNION NO. 373
| TORIANO MOODY |
| CONSTRUCTION GENERAL LABORERS LOCAL UNION NO. 373 and CONSTRUCTION GENERAL LABORERS' LOCAL UNION NO. 373 |
| 2:2021cv01567 |
| November 1, 2021 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Civil Rights: Other |
| 28 U.S.C. § 1441 cr |
| Both |
Docket Report
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Filing 15
BRIEF in Opposition re #5 Motion to Dismiss for Failure to State a Claim filed by TORIANO MOODY. (Wigle, Sharon)
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Filing 14
ORDER re #13 Response to Motion to Withdraw. Defendant's Motion to Dismiss, ECF No. 5, was filed on 11/8/2021. Per Section II.E of the undersigned's Practices & Procedures (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf), Plaintiff's response in opposition was, therefore, due 21 days later i.e. on or before 11/29/2021. However, it appears to the Court that uncertainty as to whether Attorney Wigle would continue to represent Plaintiff resulted in no response to Defendant's Motion being filed by that deadline. Therefore, and in light of the fact that Attorney Wigle will continue to represent Plaintiff in this matter, see ECF No. 13, it is hereby ORDERED that Plaintiff shall file a response to Defendant's Motion to Dismiss on or before 12/28/21. Signed by Judge Christy Criswell Wiegand on 12/14/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 13
RESPONSE to Motion re #11 MOTION to Withdraw as Attorney Counsel will not be withdrawing appearance filed by TORIANO MOODY. (Wigle, Sharon)
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Filing 12
ORDER re #10 and #11 Motions to Withdraw. On 11/30/2021 and in response to the Order issued by the Court on that date, ECF No. 9, Attorney Wigle filed what appear to be duplicate motions to withdraw from this case as counsel for Plaintiff TORIANO MOODY. However, Attorney Wigle's Motion does not comply with either of the Court's prior orders, ECF Nos. 8 and 9, or with Local Rule of Civil Procedure 83.2.C.4. Specifically, the Court ordered Attorney Wigle to "confer" with Plaintiff, ECF No. 9, and that an appropriate motion should either (1) "bear the client's signature approving the withdrawal" or (2) "state specifically why, after due diligence, the attorney was unable to obtain the client's signature." ECF No. 8 (quoting LCvR 83.2.C.4). Attorney Wigle's Motion does not indicate that she conferred with Plaintiff prior to filing the Motion and, although it represents that the Motion is made "with consent of plaintiff," does not bear Plaintiff's signature. See ECF No. 10. Attorney Wigle's Motion is therefore DENIED, and, in accordance with the Court's prior Order at ECF No. 9, Attorney Wigle shall confer with her client and submit a status report or an appropriate motion in compliance with LCvR 83.2.C.4 (available at https://www.pawd.uscourts.gov/sites/pawd/files/lrmanual20181101.pdf) on or before 12/14/2021. Signed by Judge Christy Criswell Wiegand on 12/3/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 11
MOTION to Withdraw as Attorney by TORIANO MOODY. (Wigle, Sharon)
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Filing 10
Second MOTION to Withdraw as Attorney by TORIANO MOODY. (Attachments: #1 Proposed Order of Court) (Wigle, Sharon) Modified text on 12/6/2021. (ijh)
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Filing 9
ORDER as to TORIANO MOODY re Correspondence. On 11/30/2021, the Court received correspondence from Plaintiff TORIANO MOODY. Because Plaintiff's correspondence does not indicate whether Attorney Wigle also received a copy, and because the the Court believes the correspondence - which discusses Plaintiff's concerns regarding Attorney Wigle's compensation and handling of this case - may implicate matters protected by the attorney-client privilege, the Court will provide a copy to Attorney Wigle via e-mail, but will not provide a copy to Defendant or file a copy on the public docket. Furthermore, the Court does not accept pro se filings from parties who are represented by counsel. Pursuant to the Court's prior Order, ECF No. 8, the Notice, ECF No. 7, filed by Defendant was insufficient under LCvR 83.2.C.4 for Attorney Wigle to withdraw her appearance on behalf of Plaintiff. Therefore, Plaintiff is still represented by Attorney Wigle in this case. Accordingly, the Court hereby ORDERS Attorney Wigle to confer with her client and file a status report or appropriate motion on or before 12/14/2021. Signed by Judge Christy Criswell Wiegand on 11/30/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 8
ORDER re #7 Notice. Under Local Rule of Civil Procedure 83.2.C.4, "no attorney whose appearance has been entered shall withdraw his or her appearance except upon filing a written motion." Defendant's #7 Notice is therefore insufficient to comply with the requirements of the Western District of Pennsylvania's Local Rule. Accordingly, IT IS HEREBY ORDERED that Plaintiff's counsel shall file a motion in accordance with LCvR 83.2.C.4 and, if new counsel for Plaintiff is still unknown, the motion shall "set forth the name, address, and telephone number of the client" and either (1) "bear the client's signature approving the withdrawal" or (2) "state specifically why, after due diligence, the attorney was unable to obtain the clients signature." Signed by Judge Christy Criswell Wiegand on 11/22/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 7
NOTICE by CONSTRUCTION GENERAL LABORERS' LOCAL UNION NO. 373 (Attachments: #1 Certificate of Service) (Bellisario, Domenic)
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Filing 6
BRIEF in Support re #5 Motion to Dismiss for Failure to State a Claim filed by CONSTRUCTION GENERAL LABORERS' LOCAL UNION NO. 373. (Bellisario, Domenic)
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Filing 5
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CONSTRUCTION GENERAL LABORERS' LOCAL UNION NO. 373. (Attachments: #1 Declaration 12b Certification, #2 Proposed Order) (Bellisario, Domenic)
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Filing 4
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm)
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Filing 3
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 11/3/2021. (jmm)
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Filing 2
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jmm)
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Filing 1
NOTICE OF REMOVAL from Westmoreland County, case number 3139 of 2021 (Filing fee, including Administrative fee, $402, receipt number APAWDC-6784036), filed by CONSTRUCTION GENERAL LABORERS LOCAL UNION NO. 373. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Served Complaint, #3 Exhibit B -Original Complaint, #4 Exhibit C - Praecipe to Reinstate, #5 Exhibit D - Notice to Parties) (ijh)
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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 11/8/2021. (ijh)
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