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Walsh v. Community Health Center of Richmond, Inc. et al, Docket No. 1:21-cv-03094 (E.D.N.Y. Jun 01, 2021), Court Docket
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Walsh v. Community Health Center of Richmond, Inc. et al

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Court Dockets
nyed
U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:21-cv-03094-ARR-TAM

Walsh v. Community Health Center of Richmond, Inc. et al

DOCKET INFORMATION
Minimize
Date Filed: Jun 1, 2021
Nature of suit:790 Labor: Other
Assigned to:Judge Allyne R. Ross
Cause:29:651 Occupational Safety/Health
Jurisdiction:Federal Question
Jury demand:None
Referred to:Magistrate Judge Taryn A. Merkl

Parties and Attorneys

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 Plaintiff
Martin J. Walsh
Secretary of Labor, U.S. Department of Labor
Plaintiff
Representation
David Rutenberg
U.S. Department of Labor, Office of the Solicitor
201 Varick Street
Ste 983
New York, NY 10014
(646) 264-3686
Fax: (646) 264-3660
rutenberg.david.j@dol.gov
ATTORNEY TO BE NOTICED

 Defendant
Community Health Center of Richmond, Inc.
Defendant
Representation
David I. Rosen
Sills Cummis & Gross P.C.
One Riverfront Plaza
Newark, NJ 07102
(973) 643-5558
Fax: (973) 643-6500
drosen@sillscummis.com
ATTORNEY TO BE NOTICED
Jordan Elliot Pace
Sills Cummis & Gross
One Riverfront Plaza
Newark, NJ 07102
(973) 643-4295
Fax: (973) 643-6500
jpace@sillscummis.com
ATTORNEY TO BE NOTICED
Stacy Landau
Sills Cummis & Gross, PC
One Riverfront Plaza
Newark, NJ 07102
(973) 643-5782
slandau@sillscummis.com
Litigation
The Legal Center
ATTORNEY TO BE NOTICED

 Defendant
Henry Thompson
individually and as a corporate officer
Defendant
Representation
David I. Rosen
(See above for address)
ATTORNEY TO BE NOTICED
Jordan Elliot Pace
(See above for address)
ATTORNEY TO BE NOTICED
Stacy Landau
(See above for address)
ATTORNEY TO BE NOTICED

Docket Entries

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Numbers shown are court assigned numbers.

EntryFiledPDFDescription
1Jun 1, 2021ViewCOMPLAINT against Community Health Center of Richmond, Inc., Henry Thompson Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Martin J. Walsh. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Community Health Center of Richmond, Inc., # 3 Proposed Summons - Henry Thompson) (Rutenberg, David) (Entered: 06/01/2021)
Jun 1, 2021Case Assigned to Judge Allyne R. Ross and Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 06/01/2021)
2Jun 1, 2021RequestIn accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 06/01/2021)
3Jun 1, 2021RequestThis attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 06/01/2021)
4Jun 1, 2021RequestSummons Issued as to Community Health Center of Richmond, Inc., Henry Thompson. (Attachments: # 1 Summons) (Davis, Kimberly) (Entered: 06/01/2021)
5Jun 4, 2021RequestWAIVER OF SERVICE Returned Executed by Martin J. Walsh. Community Health Center of Richmond, Inc. waiver sent on 6/1/2021, answer due 8/2/2021. (Rutenberg, David) (Entered: 06/04/2021)
6Jun 4, 2021RequestWAIVER OF SERVICE Returned Executed by Martin J. Walsh. Henry Thompson waiver sent on 6/1/2021, answer due 8/2/2021. (Rutenberg, David) (Entered: 06/04/2021)
7Aug 2, 2021RequestNOTICE of Appearance by Jordan Elliot Pace on behalf of All Defendants (aty to be noticed) (Pace, Jordan) (Entered: 08/02/2021)
8Aug 2, 2021RequestNOTICE of Appearance by David I. Rosen on behalf of All Defendants (aty to be noticed) (Rosen, David) (Entered: 08/02/2021)
9Aug 2, 2021RequestCorporate Disclosure Statement by Community Health Center of Richmond, Inc. (Pace, Jordan) (Entered: 08/02/2021)
10Aug 2, 2021RequestLetter requesting pre-motion conference by Community Health Center of Richmond, Inc., Henry Thompson (Attachments: # 1 Exhibit A - Prior Action Complaint, # 2 Exhibit B - Prior Action Amended Complaint, # 3 Exhibit C - Prior Action Stipulation of Dismissal with Prejudice) (Pace, Jordan) (Entered: 08/02/2021)
Aug 2, 2021ORDER: Defendants have submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before Wednesday, August 11, 2021.Ordered by Judge Allyne R. Ross on 8/2/2021. (Schnell, Samantha) (Entered: 08/02/2021)
11Aug 3, 2021RequestLetter MOTION for Extension of Time to File Response/Reply as to 10 Letter, requesting pre-motion conference by Martin J. Walsh. (Rutenberg, David) (Entered: 08/03/2021)
Aug 4, 2021ORDER granting 11 Motion for Extension of Time to File Response to 10 defendants' letter requesting pre-motion conference. Plaintiff's response letter is now due August 12, 2021. Ordered by Judge Allyne R. Ross on 8/4/2021. (Schnell, Samantha) (Entered: 08/04/2021)
12Aug 12, 2021RequestLetter Response by Martin J. Walsh (Attachments: # 1 Exhibit A - Defendants' Letter Motion in Private Action) (Rutenberg, David) (Entered: 08/12/2021)
Aug 17, 2021SCHEDULING ORDER: The court has reviewed the parties' pre-motion letters concerning defendant's anticipated motion for partial dismissal and determined that a pre-motion conference is not necessary. The court therefore grants the defendant permission to bring the motion. The court asks that in their motion, defendant address the requirements of res judicata as they relate to the Occupational Safety and Health Act's (29 U.S.C. 651 et seq.) enforcement scheme, which does not provide for a private right of action. The court directs that defendant's motion shall be briefed as follows: defendant's motion and supporting papers shall be filed electronically no later than August 31, 2021; plaintiff's opposition papers shall be served no later than September 14, 2021; defendant's reply papers, if any, shall be served no later than September 21, 2021. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 8/17/2021. (Reiser, Samantha) (Entered: 08/17/2021) Modified to correct clerical error (Lee, Tiffeny). (Entered: 09/01/2021)
14Aug 19, 2021RequestLetter MOTION for Extension of Time to File - Unopposed Request for Revised Briefing Schedule for Partial Motion to Dismiss by Community Health Center of Richmond, Inc., Henry Thompson. (Pace, Jordan) (Entered: 08/19/2021)
Aug 19, 2021Order granting 14 Motion for Extension of Time to File: Defendant's motion and supporting papers now shall be filed electronically no later than September 3, 2021; plaintiff's opposition papers shall be served no later than September 29, 2021; defendant's reply papers, if any, shall be served no later than October 13, 2021. Ordered by Judge Allyne R. Ross on 8/19/2021. (Reiser, Samantha) (Entered: 08/19/2021). Modified to correct clerical error (Lee, Tiffeny). (Entered: 09/01/2021)
Aug 25, 2021ORDER: Motion for Extension of Time 14 is terminated based on the 8/19/2021 Order by Judge Allyne R. Ross granting the motion. Ordered by Magistrate Judge Taryn A. Merkl on 8/25/2021. (Chan, Kaity) (Entered: 08/25/2021)
16Aug 31, 2021RequestNOTICE of Appearance by Stacy Landau on behalf of Community Health Center of Richmond, Inc., Henry Thompson (aty to be noticed) (Landau, Stacy) (Entered: 08/31/2021)
17Sep 3, 2021RequestLetter from Jordan E. Pace to David J. Rutenberg, Esq. (Sept. 3, 2021) with Service of Notice of Motion for Partial Dismissal of the Complaint, Memorandum of Law, and Declaration of Jordan E. Pace with exhibits thereto by Community Health Center of Richmond, Inc., Henry Thompson (Pace, Jordan) (Entered: 09/03/2021)
18Sep 29, 2021RequestLetter from David J. Rutenberg to Jordan E. Pace (Sept. 29, 2021) with Service of Response to Motion for Partial Dismissal of the Complaint and Declaration of David J. Rutenberg with exhibits thereto by Martin J. Walsh (Rutenberg, David) (Entered: 09/29/2021)
19Oct 13, 2021RequestMOTION to Dismiss by Community Health Center of Richmond, Inc., Henry Thompson. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jordan E. Pace in Support of Defendants' Motion to Dismiss the Complaint, # 3 Exhibit A to Jordan E. Pace Declaration, # 4 Exhibit B to Jordan E. Pace Declaration, # 5 Exhibit C to Jordan E. Pace Declaration, # 6 Exhibit D to Jordan E. Pace Declaration, # 7 Exhibit E to Jordan E. Pace Declaration, # 8 Exhibit F to Jordan E. Pace Declaration, # 9 Memorandum in Opposition to Defendants' Motion to Dismiss, # 10 Declaration of David J. Rutenberg in Response to Defendants' Motion for Partial Dismissal of the Complaint, # 11 Exhibit A to David J. Rutenberg Declaration, # 12 Exhibit B to David J. Rutenberg Declaration, # 13 Exhibit C to David J. Rutenberg Declaration, # 14 Exhibit D to David J. Rutenberg Declaration, # 15 Exhibit E to David J. Rutenberg Declaration, # 16 Memorandum in Support /Reply) (Pace, Jordan) (Entered: 10/13/2021)

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