NADALIN v. UNITED STATES STEEL CORPORATION
| JAMES NADALIN |
| UNITED STATES STEEL CORPORATION |
| 2:2024cv01174 |
| August 15, 2024 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re 17 Order to Show Cause, filed by UNITED STATES STEEL CORPORATION. (O'Connor, Katelyn) |
| Filing 19 NOTICE of Appearance by Katelyn M O'Connor on behalf of UNITED STATES STEEL CORPORATION. (O'Connor, Katelyn) |
| Filing 18 BRIEF in Opposition re #13 Motion to Remand to State Court filed by UNITED STATES STEEL CORPORATION. (Presley, Marla) |
Filing 17
ORDER TO SHOW CAUSE AS TO WHY THIS CIVIL ACTION SHOULD NOT BE DESIGNATED "RELATED" TO CIVIL ACTION 24-cv-305. This action was removed to this Court from state court #1 . It was not designated by the Defendant as "related" to any other civil action #6 . The claims appear to center on alleged non-payment/underpayment for what the Plaintiff claims is uncompensated "working time" under applicable wage and hour law, asserted on behalf of members of the hourly and Union-represented workforce at the Defendant's Edgar Thomson Works. The Plaintiff has moved to remand to state court, and the Defendant has moved to dismiss on federal preemption grounds. The Edgar Thomson facility is described by the Defendant as being part of the Defendant's integrated steelmaking operations known as the "Mon Valley Works", ECF No. 16 at 7-8. Recently, a civil action asserting what appear to be identical claims, met by what appear to be identical defenses, and focused on the same collective bargaining agreement (the "BLA") was filed in this Court at 24-cv-305. That action involved the Defendant's Clairton (PA) facility, also part of the Mon Valley Works. See www.ussteel.com/about-us/locations, accessed this date. Based on the above-stated context, it would appear to the Court that this action would be deemed "related" to civil action 24-cv-305 pursuant to LCvR 40. They appear to be be the same case involving operating components of the Mon Valley Works. Therefore, on or before October 9, 2024, the Defendant shall show cause on the docket as to why this action should not be deemed "related" to civil action 24-cv-305. The Plaintiff may file a Response within 14 days of the Defendant's filing, and the Defendant may file a Reply within 7 days of the filing of the Plaintiff's Response. No further filings addressing these matters are permitted without leave of court. All other filing deadlines are held in abeyance without prejudice pending further Order of this Court. Signed by Chief Judge Mark R. Hornak on 09/23/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
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| Filing 16 BRIEF in Support re #15 Motion to Dismiss for Failure to State a Claim filed by UNITED STATES STEEL CORPORATION. (Presley, Marla) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Notice of Removal, by UNITED STATES STEEL CORPORATION. (Attachments: #1 Proposed Order) (Presley, Marla) |
| Filing 14 BRIEF in Support re #13 Motion to Remand to State Court filed by JAMES NADALIN. (Santillo, R.) |
| Filing 13 MOTION to Remand to State Court by JAMES NADALIN. (Attachments: #1 Proposed Order) (Santillo, R.) |
| Filing 12 SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via a Microsoft Teams Audio Conference 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 and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad) |
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Filing 11
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 8/29/24. (jad)
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| Filing 10 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. (jad) |
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Filing 9
ORDER OF RECUSAL. Judge Christy Criswell Wiegand recused per 28 U.S.C. 455. Signed by Judge Christy Criswell Wiegand on 8/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Chief Judge Mark R. Hornak added. (ert) |
| Filing 8 Stipulation for Extension of Time to Answer by UNITED STATES STEEL CORPORATION. Answer due from UNITED STATES STEEL CORPORATION on 9/20/2024. (Presley, Marla) |
| Filing 7 Disclosure Statement identifying BlackRock, Inc. as corporate parent or other affiliate by UNITED STATES STEEL CORPORATION. (Presley, Marla) Modified text on 8/23/2024. (kss) |
| Filing 6 Errata re #1 Notice of Removal, (Civil Cover Sheet) by UNITED STATES STEEL CORPORATION. Reason for Correction: Didn't attach the Civil Cover Sheet. (Presley, Marla) |
| Filing 5 NOTICE of Appearance by G. Timothy Conboy on behalf of JAMES NADALIN. (Conboy, G.) |
| Filing 4 MICROSOFT TEAMS AUDIO CONFERENCING SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via a Microsoft Teams Audio Conferencing call-in number which requires participants to dial-in and provide a conference ID. 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. (drc) |
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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 8/16/2024. (drc)
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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 removing defendant shall make service of the notice on all parties. (drc) |
| Judge Christy Criswell Wiegand added. (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Civil Cover Sheet (JS-44), which is required for all civil cases, was not attached. CORRECTION: Attorney is advised to file a complete civil cover sheet by using the Errata event and linking it to the initiating document. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Attorney did not add attorneys for the plaintiff. CORRECTION: For future Notice of Removal filings, add all attorneys for the non-filing parties listed on the state complaint. This message is for informational purposes only. (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 8/23/2024. (kss) |
| Filing 1 NOTICE OF REMOVAL from COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PA, case number GD-24-006878. (Filing fee, including Administrative fee, $405, receipt number APAWDC-8410617), filed by UNITED STATES STEEL CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Presley, Marla) Link added to Errata filed at #6 for Civil Cover Sheet. Modified text on 8/21/2024. (kss) |
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| Defendant: UNITED STATES STEEL CORPORATION | |
| Represented By: | Marla N. Presley |
| Represented By: | Katelyn M O'Connor |
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| Plaintiff: JAMES NADALIN | |
| Represented By: | R. Andrew Santillo |
| Represented By: | Peter Winebrake |
| Represented By: | G. Timothy Conboy |
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