Rivera et al v. Communications Workers of America et al

Filing 106

ORDER [DISMISSING CASE]: Although it is unclear whether Rivera filed the letter on behalf of all Plaintiffs, even assuming that he did not, more than sixty days have passed and no Plaintiff has filed a second amended complaint. Accordi ngly, for the reasons set forth in the 12/18/2018 Decision 104 , the Court dismisses the action. The Court directs the Clerk of Court to enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 5/1/2019. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------RICHARD RIVERA, LINDA MCLAUGHLIN,
MELANIE Y. TREADWELL DONAHUE, MARTHA
GARCIA, GIOVANNA GANGEMI, LAURA ORR,
VERA DANIELS, ANN HAMILTON O’REILLY,
MARIELANA DIDOMENICO LATOSA, CYNTHIA
GONZALEZ, ANNA BIRARDI, NICOLE GARCIA,
ROSE BISCONTI-GERMANI, RUBY INGRAM,
JOHN MARCHETTA, MEENA MAKHIJANI, ALBA
RODRIGUEZ, ROXANNE HARTFIELD, CLETANE
“CLEO” BAZILE, LINDA SUNDACK, KARINA
ULLAH, KENNETH DEFAY, LYNDA ANN ZELL,
ARLENE MACK, MYRA DELESTON, MINNIE
KAPOOR, JACQUELINE MORRIS, LINDA
DIASPARRA, MAX PIERROT, MARY MARGARET
SENTENO-JOSEPH, JOYCE SMIRMAN-JOHNSON,
GLORIA JEANNITON, JENI D. RYMER,
MIGDALIA CEPEDA, HERMIA CHANG, GISELLE
CARSENI-HAVITERS, ANNA MARIA CUPIDO,
LORNA FARRINGTON, BERDETTE THOMPSON,
HUIWUANG “KATY” WANG, JAVIER LOPEZ,
CARLENE BOYD, JANNIE SALCE, LORRAINE
TITLEY, MARIA G. MONTALVO, LEIGH
SHAFFER, and ANNA HERRERA,
Plaintiffs,
v.
COMMUNICATION WORKERS OF AMERICA,
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, COMMUNICATION WORKERS OF
AMERICA–INTERNATIONAL BROTHERHOOD
OF TEAMSTERS PASSENGER SERVICE
EMPLOYEES ASSOCIATION, a/k/a CWA-IBT
ASSOCIATION, and JOHN AND JANE DOES 1–20,
Defendants.
---------------------------------------------------------------

NOT FOR PUBLICATION
ORDER
16-CV-1673 (MKB)

MARGO K. BRODIE, United States District Judge:
Plaintiffs, proceeding pro se, filed the above-captioned action against the Communication
Workers of America (“CWA”), International Brotherhood of Teamsters (“IBT”),
Communication Workers of America–International Brotherhood of Teamsters Passenger Service
Employees Association a/k/a CWA–IBT Association (the “CWA–IBT Association”), and John
and Jane Does 1–20, alleging breach of the duty of fair representation under the Railway Labor
Act, 45 U.S.C. § 151 et seq., and federal common law. (Compl., Docket Entry No. 1.) Plaintiffs
filed an Amended Complaint on December 28, 2017. (Am. Compl., Docket Entry No. 99.) On
April 11, 2018, Defendants filed a motion to dismiss Plaintiffs’ Amended Complaint. (Defs.
Mot. to Dismiss (“Def. Mot.”), Docket Entry No. 103.) By Memorandum and Order dated
December 18, 2018, the Court dismissed the Amended Complaint for failure to state a claim, and
granted Plaintiffs leave to file a second amended complaint within sixty (60) days (the
“December 2018 Decision”). (December 2018 Decision 14, Docket Entry No. 104.) On
February 15, 2019, Plaintiff Richard Rivera filed a letter with the Court indicating that he did not
anticipate filing a second amended complaint. (Pl. Ltr. dated Feb. 15, 2019, Docket Entry No.
105.) Although it is unclear whether Rivera filed the letter on behalf of all Plaintiffs, even
assuming that he did not, more than sixty days have passed and no Plaintiff has filed a second
amended complaint.

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Accordingly, for the reasons set forth in the December 2018 Decision, the Court
dismisses the action. The Court directs the Clerk of Court to enter judgment and close this case.
Dated: May 1, 2019
Brooklyn, New York
SO ORDERED:
s/ MKB
MARGO K. BRODIE
United States District Judge

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