Garnes v. Pritchard Industries, Inc.

New York Southern District Court
Judge:Paul A Engelmayer
Referred: Sarah L Cave
Case #: 1:22-cv-10674
Nature of Suit442 Civil Rights - Employment
Cause42:2000e-2ot Job Discrimination (other)
Case Filed:Dec 16, 2022
Terminated:Jul 17, 2024
Last checked: Wednesday Jun 14, 2023 4:53 AM EDT
Defendant
Pritchard Industries, Inc.
Represented By
Nicholas Anthony Corsano
Greenberg Traurig, LLP
contact info
Jerrold Foster Goldberg
Greenberg Traurig, LLP
contact info
Plaintiff
Mark Garnes
1205 Atlantic Ave. Unit #363
Brooklyn, NY 11216


Docket last updated: 04/15/2026 11:59 PM EDT
Thursday, July 18, 2024
misc Mailing Receipt Thu 07/18 2:24 PM
MAILING RECEIPT: Document No: 31. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (vn)
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Wednesday, July 17, 2024
31 31 3 pgs order Order Adopting Report and Recommendations Wed 07/17 4:32 PM
OPINION AND ORDER for25 Report and Recommendations. For the foregoing reasons, the Court adopts the Report in full and dismisses this action for failure to prosecute pursuant to Rule 41(b). The Court respectfully directs the Clerk to mail a copy of this decision to plaintiff at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/17/2024) (tg)
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Monday, July 01, 2024
misc Mailing Receipt Mon 07/01 11:22 AM
MAILING RECEIPT: Document No: 30. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (vba)
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Friday, June 28, 2024
30 30 1 pgs order Order Fri 06/28 3:58 PM
ORDER. The Court has reviewed Plaintiff Mark Garnes letter response (ECF No. 27 ("the OTSC Response")) to the Court's May 3, 2024 Order to Show Cause (ECF No. 24 (the "OTSC")) and Defendant Pritchard Industries, Inc.'s response to the OTSC Response (ECF No. 29) and deems the OTSC RESOLVED, albeit late, but concludes that there is no basis for altering the Report & Recommendation (ECF No. 25) it has already made to the Honorable Paul E. Engelmayer. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 6/28/24) (yv)
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Thursday, June 27, 2024
29 29 respoth Response (non-motion) Thu 06/27 1:05 PM
RESPONSE re:28 Order,, Letter response to Plaintiffs June 5, 2024 Response to the Courts Order to Show Cause (filed at ECF No. 27). . Document filed by Pritchard Industries, Inc...(Corsano, Nicholas)
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Wednesday, June 26, 2024
misc Mailing Receipt Wed 06/26 11:38 AM
MAILING RECEIPT: Document No: 28. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (nb)
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Tuesday, June 25, 2024
28 28 1 pgs order Order Tue 06/25 1:11 PM
ORDER The Court is in receipt of Plaintiff's Response to its May 3, 2024 Order to Show Cause. (ECF No. 27 (the "OTSC Response")). By Friday, June 28, 2024, Defendant Pritchard Industries, Inc. shall respond to the OTSC Response, addressing whether Plaintiff's arguments that 32BJ SEIU's alleged failure to assist him in the arbitration process is relevant to the Court's conclusions in the Report & Recommendation issued on June 13, 2024 (ECF No. 25). (Signed by Magistrate Judge Sarah L. Cave on 6/25/2024) (jca)
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Friday, June 14, 2024
26 26 service Certificate of Service Other Fri 06/14 4:01 PM
CERTIFICATE OF SERVICE of Report and Recommendation25 served on Mark Garnes on June 14, 2024. Service was made by Overnight Mail. Document filed by Pritchard Industries, Inc...(Corsano, Nicholas)
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misc Mailing Receipt Fri 06/14 11:35 AM
MAILING RECEIPT: Document No: 25. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (nb)
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Thursday, June 13, 2024
25 25 order Report and Recommendations Thu 06/13 4:32 PM
REPORT AND RECOMMENDATION re:2 Complaint filed by Mark Garnes. Accordingly, the Court respectfully recommends that this action be DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). By Friday, June 14, 2024, Pritchard shall serve a copy of this Report and Recommendation on Mr. Garnes and file proof of service on the docket. The Clerk of Court is respectfully directed to mail a copy of this Report and Recommendation to Mr. Garnes. Objections to R&R due by 6/27/2024 (Signed by Magistrate Judge Sarah L. Cave on 6/13/2024) (tg)
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Wednesday, June 05, 2024
27 27 respoth Response to Order to Show Cause Mon 06/24 11:17 AM
RESPONSE TO ORDER TO SHOW CAUSE re:24 Order to Show Cause. Document filed by Mark Garnes. (sgz)
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Tuesday, May 07, 2024
misc Mailing Receipt Tue 05/07 10:24 AM
MAILING RECEIPT: Document No: 24. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (vn)
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Friday, May 03, 2024
24 24 3 pgs order Order to Show Cause Fri 05/03 4:36 PM
ORDER TO SHOW CAUSE. Mr. Garnes is ORDERED to show cause why this case should not be dismissed for failure to prosecute under Fed. R. Civ. P. 41(b) for substantially the same reasons underlying Judge Engelmayer's dismissal of Garnes I. Mr. Garnes' showing shall be made by letter filed on or before May 10, 2024.MR. GARNES IS EXPRESSLY WARNED THAT THE FAILURE TO RESPOND TO THIS ORDER TO SHOW CAUSE BY MAY 10, 2024 WILL RESULT IN THE COURT ISSUING A REPORT AND RECOMMENDATION TO JUDGE ENGELMAYER TO DISMISS THIS CASE. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 5/3/24) (yv)
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Wednesday, February 07, 2024
misc Mailing Receipt Wed 02/07 10:10 AM
MAILING RECEIPT: Document No: 23. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (mt)
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Monday, February 05, 2024
23 23 3 pgs order Order Mon 02/05 2:53 PM
ORDER. Based on Mr. Garnes' representation that he plans to arbitrate his discrimination claims, the Court deems the OTSC to be satisfied. Mr. Garnes shall promptly take the necessary steps to initiate arbitration, and the stays in Garnes I and Garnes II shall remain in effect pending completion of the arbitration. By March 6, 2024, the parties shall meet and confer and file a joint letter in Garnes I concerning the status of the arbitration. Thereafter, unless the Court orders otherwise, the parties shall meet and confer and file a further joint letter in Garnes I concerning the status of the arbitration every 30 days until the arbitration is completed. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 2/5/24) (yv)
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Thursday, September 07, 2023
misc Mailing Receipt Thu 09/07 11:19 AM
MAILING RECEIPT: Document No: 22. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (sha)
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Wednesday, September 06, 2023
22 22 order Order Adopting Report and Recommendations ~Util - Case Stayed Wed 09/06 1:28 PM
OPINION & ORDER for19 Report and Recommendations,11 Motion to Dismiss filed by Pritchard Industries, Inc. For the foregoing reasons, the Court adopts the recommendations in the Report, compels plaintiff to arbitrate his Title VII and § 1981 claims, and enters a stay of this case pending arbitration. The Court respectfully directs the Clerk to mail a copy of this decision to plaintiff at the address on file. (Signed by Judge Paul A. Engelmayer on 9/6/2023) (rro)
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Thursday, August 10, 2023
21 21 respoth Objection to Report and Recommendations Thu 08/10 2:13 PM
PLAINTIFF'S OBJECTION TO REPORT & RECOMMENDATION, Re:19 Report and Recommendations. Document filed by Mark Garnes. (sc)
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Friday, July 28, 2023
20 20 service Certificate of Service Other Fri 07/28 11:49 AM
CERTIFICATE OF SERVICE of Report and Recommendation, ECF No. 19 served on Mark Garnes on July 26, 2023. Service was made by Mail. Document filed by Pritchard Industries, Inc...(Corsano, Nicholas)
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Wednesday, July 26, 2023
misc Mailing Receipt Wed 07/26 9:51 AM
MAILING RECEIPT: Document No: 19. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (sha)
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Tuesday, July 25, 2023
19 19 order Report and Recommendations Tue 07/25 2:33 PM
REPORT AND RECOMMENDATIONS re:11 MOTION to Dismiss . filed by Pritchard Industries, Inc.,2 Complaint filed by Mark Garnes. I respectfully recommend that Pritchard's Motion be GRANTED IN PART and DENIED IN PART, as follows: 1. The Motion be GRANTED to the extent that Pritchard seeks to compel Mr. Garnes to arbitrate his Title VII and Section 1981 claims, and Mr. Garnes be compelled to do so. 2. The Motion be otherwise DENIED WITHOUT PREJUDICE. 3. This action be STAYED pending arbitration. Pritchard shall promptly serve a copy of this Report and Recommendation on Mr. Garnes, and, by July 28, 2023, file proof of service on the docket. The Clerk of Court is respectfully directed to mail a copy of this Report and Recommendation to Mr. Garnes. (Objections to R&R due by 8/8/2023) (Signed by Magistrate Judge Sarah L Cave on 7/25/23) (yv)
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Wednesday, June 14, 2023
misc Mailing Receipt Wed 06/14 9:21 AM
MAILING RECEIPT: Document No: 17-18. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (kh)
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Tuesday, June 13, 2023
18 18 order Amended Order Referring Case to Magistrate Judge Tue 06/13 4:13 PM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Specific Non-Dispositive Motion/Dispute: Dkt. 11. Referred to Magistrate Judge Sarah L Cave. Motions referred to Sarah L Cave. (Signed by Judge Paul A. Engelmayer on 6/13/2023) (rro)
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17 17 order Amended Order Referring Case to Magistrate Judge Tue 06/13 11:30 AM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Paul A. Engelmayer on 6/13/2023) (rro)
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Wednesday, June 07, 2023
16 16 service Certificate of Service Other Wed 06/07 12:24 PM
CERTIFICATE OF SERVICE of Defendants Notice of Motion to Dismiss, or in the alternative, Compel Arbitration, the Declaration of Jerrold F. Goldberg in support, with exhibits, and the Memorandum of Law in support served on Mark Garnes on June 6, 2023. Service was made by Mail. Document filed by Pritchard Industries, Inc...(Corsano, Nicholas)
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15 15 misc Rule 7.1 Corporate Disclosure Statement Wed 06/07 12:21 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LJ Pritchard Topco Holdings, LLC for Pritchard Industries, Inc.. Document filed by Pritchard Industries, Inc...(Corsano, Nicholas)
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14 14 notice Notice of Appearance Wed 06/07 12:19 PM
NOTICE OF APPEARANCE by Nicholas Anthony Corsano on behalf of Pritchard Industries, Inc...(Corsano, Nicholas)
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Tuesday, June 06, 2023
13 13 respm Declaration in Support of Motion Tue 06/06 4:23 PM
DECLARATION of Jerrold F. Goldberg in Support re:11 MOTION to Dismiss .. Document filed by Pritchard Industries, Inc...(Goldberg, Jerrold)
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Att: 1 Exhibit A - Complaint,
Att: 2 Exhibit B - CBA, effective from January 1, 2016 to December 31, 2019,
Att: 3 Exhibit C - CBA, effective from January 1, 2020 to December 31, 2023,
Att: 4 Exhibit D - Notice of Right,
Att: 5 Exhibit E - Report and Recommendation,
Att: 6 Exhibit F - Order from Dave A. Chokshi, MD, MSc,
12 12 21 pgs respm Memorandum of Law in Support of Motion Tue 06/06 4:15 PM
MEMORANDUM OF LAW in Support re:11 MOTION to Dismiss . . Document filed by Pritchard Industries, Inc...(Goldberg, Jerrold)
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11 11 motion Dismiss Tue 06/06 4:13 PM
MOTION to Dismiss . Document filed by Pritchard Industries, Inc...(Goldberg, Jerrold)
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Monday, May 22, 2023
10 10 service Marshal's Process Receipt and Return of Service Executed Complaints Mon 05/22 8:58 AM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Pritchard Industries, Inc. served on 5/16/2023, answer due 6/6/2023. Service was accepted by Carmen Rivera. Document filed by Mark Garnes. (sc)
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Monday, April 10, 2023
9 9 respoth Response (non-motion) Tue 04/11 7:55 AM
PLAINTIFF'S REPLY/OPPOSITION TO DEFENDANT'S MOTION TO DISMISS. Document filed by Mark Garnes. (sc)
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Friday, February 24, 2023
8 8 misc FRCP 4 Service Package - Mailed Fri 02/24 2:45 PM
INFORMATION PACKAGE MAILED to Mark Garnes, at 1205 Atlantic Ave., Unit #363, Brooklyn, NY 11216, on 2/24/2023 Re:6 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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7 7 service Summons Issued Fri 02/24 2:40 PM
SUMMONS ISSUED as to Pritchard Industries, Inc.. (sha)
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misc FRCP 4 Service Package - Hand Delivered to U.S.M. Fri 02/24 2:42 PM
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/24/2023 Re: Magistrate Judge Sarah L. Cave6 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Pritchard Industries, Inc.. (sha)
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Thursday, February 23, 2023
6 6 4 pgs order Order of Service Thu 02/23 4:26 PM
ORDER OF SERVICE: The Clerk of Court is instructed to (i) complete the USM-285 Form with the address for Pritchard below and deliver to the U.S. Marshals all documents necessary to effect service, and (ii) mail an information package, and a copy of this Order, to Mr. Garnes. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-5 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. USM-285 Form due by 3/27/2023. Request for Issuance of Summons due by 3/27/2023. (Signed by Magistrate Judge Sarah L Cave on 2/23/2023) (ama)
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Monday, January 23, 2023
misc Mailing Receipt Mon 01/23 12:00 PM
MAILING RECEIPT: Document No: 4. Mailed to: Mark Garnes 1205 Atlantic Ave. Unit #363 Brooklyn, NY 11216. (dsh)
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Friday, January 20, 2023
4 4 1 pgs order Order Referring Case to Magistrate Judge Fri 01/20 4:20 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE:. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/20/2023) (ama)
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Thursday, January 19, 2023
utility Case Accepted as Related Thu 01/19 9:33 AM
CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03843-PAE-SLC. Notice of Assignment to follow. (vba)
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notice Notice of Case Assignment/Reassignment Thu 01/19 3:12 PM
NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Thu 01/19 3:13 PM
Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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Wednesday, January 18, 2023
3 3 1 pgs order Order Granting IFP Application Wed 01/18 2:30 PM
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 1/18/2023) (vn)
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Friday, December 16, 2022
2 2 cmp Complaint Mon 12/19 2:02 PM
COMPLAINT against Pritchard Industries, Inc.. Document filed by Mark Garnes..(rdz)
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1 1 misc Request to Proceed In Forma Pauperis Mon 12/19 2:01 PM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mark Garnes..(rdz)
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utility Case Designated ECF Mon 12/19 2:02 PM
Case Designated ECF. (rdz)
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