Njflyguy

IBT has been granted extension to 9/22 to respond to RPA's 8/17 motion to dismiss
RPA then have until 10/6 to reply in support of their motion to dismiss

The wheels of justice continue to squeak along.....


9/5/23

MOTION FOR ADJUSTED BRIEFING SCHEDULE
1. Plaintiffs, by counsel, pursuant to Local Rule 6-1 and the Parties’ Agreement, hereby move for an adjusted briefing schedule on Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint.
2. Plaintiffs’ Response to Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint is currently due September 7, 2023.
3. Defendants advised that they do not object to a fifteen (15) day extension of time up to and including September 22, 2023, for Plaintiffs to Respond to Defendants’ Motion to Dismiss if the Defendants could have an extension of time to Reply in Support of the Motion to Dismiss of seven (7) days up to and including October 6, 2023.
4. Accordingly, the Plaintiffs move for the following briefing schedule:
a. Plaintiffs’ Response to Defendants’ Motion to Dismiss due: September 22, 2023.
b. Defendants’ Reply in Support due: October 6, 2023.
5. This Motion is not made for purposes of delay and does not interfere with any of
the other deadlines established in the case.

Ragazzask8s

are there updates to this? And how/where can I follow this case online?

Njflyguy

10/2/23
ORDER GRANTING DEFENDANTS’ MOTION TO STAY DISCOVERY PENDING RESOLUTION OF DEFENDANTS’ MOTION TO DISMISS

This matter having come before the Court on Defendants’ Motion to Stay Discovery Pending Resolution of Defendants’ Motion to Dismiss, and the Court having considered said Motion and having been otherwise duly advised, now finds that said Motion is GRANTED.
IT IS THEREFORE ORDERED that discovery is stayed pending resolution of Defendants’ motion to dismiss. Parties to promptly contact the magistrate judge's chambers upon a ruling on the Motion to Dismiss.


Translation:
No discovery in the case will happen until RPA's motion to dismiss is ruled on. If the court rules in favor of dismissal, the contract stands (pending possible appeal? not sure). If the court does not rule in favor of dismissal, then the case proceed with discovery, expert witnesses, etc. and eventually will go to court not likely until early 2024.

Njflyguy

You can sign up for a PACER account. It costs 10 cents per document to view. You can search for the case ID in the National Index Search. Case ID is: 1:2023-cv-00995
https://pacer.uscourts.gov

Ragazzask8s

thanks for the update and pacer link

mikalpha

anyone know if there has been any update in the courts lately??

thanks

Njflyguy

As of today, nothing has happened. Waiting for court to rule on RPA motion to dismiss the IBT law suit. At this point I wouldn't expect to see a decision until after the new year. If motion to dismiss is denied, then things will move along and court date will be set. If it's granted, i'm not sure if IBT has grounds to appeal or if the case ends there and the new hire contract stands (and the rest of the regionals implement one the next day....)

Njflyguy

There will be a telephone conference with the judge and parties of the case (IBT and RPA) on 1/11/24. This was scehduled back in September in response to the filed motion to stay discovery pending court ruling on whether or not to dismiss the case. The judge did subsequently grant the motion to stay discovery. That leaves the ruling on whether to dismiss the case or proceed with a trial. It's not clear if the dismissal motion will be ruled on at this juncture or not. But there should updated court records in PACER shortly after 1/11 that could include a court date.

Bricky

hmmm
​
guess we'll wait and see

Web265

Thanks for keeping us posted on these proceedings!