Pagano v. Johnson Controls Inc

Wisconsin Eastern District Court
Judge:	Pamela Pepper
Case #:	2:25-cv-00423
Nature of Suit	790 Labor - Other Labor Litigation
Cause	28:1332 Diversity-Other Contract

Case Filed:

Mar 20, 2025

Docket
Parties (2)

Last checked: Thursday Mar 20, 2025 11:13 AM CDT

Defendant Johnson Controls Inc	Represented By Jocelyn Annise Merced Ogletree, Deakins, Nash, Smoak & Stewart, P.C (al) contact info
Plaintiff Francesco P Pagano	Represented By Adam Charles Lease Karpf, Karpf & Cerutti, P.C. contact info Heidi T Sharp The Sharp Firm contact info

Docket last updated: 03/27/2025 11:59 PM CDT

Friday, March 21, 2025
32		32 notice Notice of Appearance Fri 03/21 1:48 PM NOTICE of Appearance by Bernard J Bobber on behalf of Johnson Controls Inc. Attorney(s) appearing: Bernard J. Bobber (Bobber, Bernard) Related: [-]
31		31 3 pgs order Order ~Util - Set/Reset Deadlines Fri 03/21 11:24 AM ORDER signed by Chief Judge Pamela Pepper on 3/21/2025. Rule 26 discovery plan due by 4/11/2025. (cc: all counsel)(cb) Related: [-]
Thursday, March 20, 2025
30		30 misc Letter (From Court) Thu 03/20 11:01 AM LETTER from the Court to Adam Charles Lease and Jocelyn Annise Merced regarding ECF registration and Admissions (sent via USPS) (jcl) Related: [-]
29		29 transfer Case Transferred In - District Transfer Thu 03/20 9:10 AM Related: [-]
		NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available[LINK:here.] Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) Related: [-]
		notice Notice of Judge Assignment Thu 03/20 11:00 AM DISREGARD THIS NOTICE NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Duffin Joseph to be filed within 21 days; the consent/refusal form is available [LINK:here.] Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) Modified on 3/20/2025 (jcl). Modified on 3/20/2025 (jcl) Related: [-]
		utility Case Assigned/Reassigned Thu 03/20 2:20 PM The order from the Southern District of New York indicates that this case is related to 24-CV-46 pending with Judge Pepper. Therefore, this case is directly assigned to Chief Judge Pamela Pepper. Judge J P Stadtmueller no longer assigned to the case. (vkb) Related: [-]
		notice Notice of Judge Assignment Thu 03/20 2:44 PM NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available[LINK:here.] Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) Related: [-]
Wednesday, March 12, 2025
28		28 ORDER: For the foregoing reasons, the Clerk of Court is respectfully directed to transfer the three above-captioned actions to the Eastern District of Wisconsin and to terminate the actions in this Court. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/12/2025) (mml) Related: [-]
		CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Wisconsin. (mml) [Transferred from nysd on 3/20/2025.] Related: [-]
		transfer Case Transferred In - District Transfer Thu 03/20 8:44 AM CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Wisconsin. (mml) Related: [-]
Tuesday, March 11, 2025
27		27 JOINT LETTER addressed to Judge Margaret M. Garnett from Heidi T. Sharp dated March 11, 2025 re: The Effect of Novin. Document filed by Francesco P. Pagano..(Sharp, Heidi) Related: [-]
Thursday, February 27, 2025
26		26 MEMO ENDORSEMENT on re: (23 in 1:24-cv-01047-MMG) Letter filed by Jeffrey S. Halfter, (25 in 1:24-cv-01020-MMG) Letter filed by Francesco P. Pagano. ENDORSEMENT: Application GRANTED. The parties' joint letter regarding the effect of Novin shall be due no later than March 11, 2025. The Clerk of Court is respectfully directed to terminate Dkt. No. 16 in Riccitelli. SO ORDERED. (Signed by Judge Margaret M. Garnett on 2/27/2025) (mml) Related: [-]
25		25 LETTER addressed to Judge Margaret M. Garnett from Ryan M. Eden dated February 26, 2025 re: Extension of Deadline. Document filed by Francesco P. Pagano..(Sharp, Heidi) Related: [-]
Tuesday, February 25, 2025
24		24 ORDER: It is hereby ORDERED that counsel in the three above-captioned cases shall meet and confer regarding the effect of Novin on the above-captioned cases, and shall submit a joint letter, no later than March 4, 2025, of no more than five pages and providing the parties' views on whether the First-to-File rule applies, and, if so, whether the Court should (1) stay the above-captioned cases pending relevant events in Novin (such as, e.g., a ruling on motions to dismiss or motions for class certification); (2) transfer the above-captioned cases to the Eastern District of Wisconsin for potential consolidation with Novin; or (3) dismiss without prejudice the above-captioned cases as later-filed. SO ORDERED. (Signed by Judge Margaret M. Garnett on 2/25/2025) (mml) (Main Document 24 replaced on 2/25/2025) (kv) Related: [-]
Friday, September 27, 2024
23		23 RESPONSE re:22 Notice (Other) . Document filed by Johnson Controls, Inc...(Merced, Jocelyn) Related: [-]
Friday, September 20, 2024
22		22 NOTICE of Supplemental Authority re:19 MOTION to Dismiss .. Document filed by Francesco P. Pagano..(Sharp, Heidi) Related: [-]
		Att: 1 Exhibit A-Moyer v Geico
Tuesday, August 27, 2024
		NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (mml) [Transferred from nysd on 3/20/2025.] Related: [-]
Monday, May 06, 2024
21		21 REPLY MEMORANDUM OF LAW in Support re:19 MOTION to Dismiss . . Document filed by Johnson Controls, Inc...(Merced, Jocelyn) Related: [-]
Monday, April 29, 2024
20		20 RESPONSE in Opposition to Motion re:19 MOTION to Dismiss . . Document filed by Francesco P. Pagano..(Sharp, Heidi) Related: [-]
Monday, April 15, 2024
19		19 MOTION to Dismiss . Document filed by Johnson Controls, Inc...(Merced, Jocelyn) Related: [-]
		Att: 1 Supplement Brief in Support of Defendant's Motion to Dismiss,
		Att: 2 Affidavit of Aubrey Kallenberger in Support of Defendant's Motion to Dismiss,
		Att: 3 Exhibit A - HVAC Smart Building Complex & Account Sales Incentive Plan FY2023,
		Att: 4 Exhibit B - BSNA Territory Field Rep Incentive Plan (Hybrid) FY 2024,
		Att: 5 Exhibit C - BSNA FY24 SIP FLS FAQs,
		Att: 6 Proposed Order Proposed form of Order
Wednesday, March 20, 2024
18		18 ORDER terminating15 Letter Motion to Adjourn Conference; granting17 Letter Motion to Adjourn Conference. Application GRANTED. Defendant shall file its anticipated motion to dismiss by April 15, 2024, Plaintiff's opposition shall be due April 29, 2024, and Defendant's reply shall be due May 6, 2024. All other dates and deadlines, including the Initial Pretrial Conference, are hereby adjourned sine die. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/19/2024) (tg) Related: [-]
		Set/Reset Deadlines: Motions due by 4/15/2024. Responses due by 4/29/2024 Replies due by 5/6/2024. (tg) Related: [-]
Tuesday, March 19, 2024
17		17 CONSENT LETTER MOTION to Adjourn Conference scheduled on March 28, 2024 addressed to Judge Margaret M. Garnett from Jocelyn A. Merced, Esq dated March 19, 2024. Document filed by Johnson Controls, Inc...(Merced, Jocelyn) Related: [-]
16		16 ORDER re:15 JOINT LETTER MOTION to Adjourn Conference: The Clerk of Court is respectfully directed to strike Dkt. No. 15. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) Related: [-]
Monday, March 18, 2024
15		15 ***STRICKEN DOCUMENT. Document number 15 has been stricken from the case record. The document was stricken from this case pursuant to 16 Order . JOINT LETTER MOTION to Adjourn Conference addressed to Judge Margaret M. Garnett from Jocelyn A. Merced, Esq. dated March 18, 2024. Document filed by Johnson Controls, Inc...(Merced, Jocelyn) Modified on 3/19/2024 (yv) Related: [-]
Tuesday, March 05, 2024
14		14 ORDER granting13 Motion for Peter O. Hughes to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv) Related: [-]
13		13 MOTION for Peter O. Hughes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29036241. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Johnson Controls, Inc...(Merced, Jocelyn) Related: [-]
		Att: 1 Affidavit of Peter O. Hughes, Esq. in Support of Motion for Pro Hac Vice Admission,
		Att: 2 Exhibit A - Cert of Good Standing for NJ Superior Court,
		Att: 3 Exhibit B - Cert of Good Standing for State Bar of Georgia,
		Att: 4 Proposed Order Order for Pro Hac Vice Admission of Peter O. Hughes, Esq.
12		12 WAIVER OF SERVICE RETURNED EXECUTED. Johnson Controls, Inc. waiver sent on 2/13/2024, answer due 4/15/2024. Document filed by Francesco P. Pagano..(Sharp, Heidi) Related: [-]
		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Peter O. Hughes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29036241. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) Related: [-]
Wednesday, February 28, 2024
11		11 NOTICE OF APPEARANCE by Jocelyn Annise Merced on behalf of Johnson Controls, Inc...(Merced, Jocelyn) Related: [-]
Monday, February 26, 2024
10		10 NOTICE OF APPEARANCE by Heidi Sharp on behalf of Francesco P. Pagano..(Sharp, Heidi) Related: [-]
9		9 ORDER granting8 Motion for Heidi T. Sharp to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv) Related: [-]
Thursday, February 22, 2024
8		8 MOTION for Heidi T. Sharp, Esq. to Appear Pro Hac Vice with proposed order, affidavit and Michigan Supreme Court Certificate of Good Standing . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francesco P. Pagano..(Lease, Adam) Related: [-]
		Att: 1 Exhibit Michigan Supreme Court Certificate of Good Standing
		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Heidi T. Sharp, Esq. to Appear Pro Hac Vice with proposed order, affidavit and Michigan Supreme Court Certificate of Good Standing. Motion and supporting papers to be reviewed by Clerk's Office staff. Related: [-]
Wednesday, February 21, 2024
7		7 CERTIFICATE OF SERVICE of the Court's Order dated February 15, 2024 served on Johnson Controls, Inc. on February 21, 2024. Service was made by Mail. Document filed by Francesco P. Pagano..(Lease, Adam) Related: [-]
Thursday, February 15, 2024
6		6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an Initial Pretrial Conference with the Court on Thursday, March 28, 2024 at 9:30 a.m. The conference will be held in person in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. All parties are required to register promptly as filing users on ECF, as further set forth. Initial Conference set for 3/28/2024 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 2/15/2024) (mml) Related: [-]
Wednesday, February 14, 2024
5		5 FILING ERROR - PDF ERROR - MOTION for Heidi T. Sharp, Esq. to Appear Pro Hac Vice with affidavit and certificate of good standing . Filing fee $ 200.00, receipt number ANYSDC-28945991. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francesco P. Pagano..(Lease, Adam) Modified on 2/14/2024 (bc) Related: [-]
		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 5 MOTION for Heidi T. Sharp, Esq. to Appear Pro Hac Vice with affidavit and certificate of good standing. Filing fee $ 200.00, receipt number ANYSDC-28945991. Motion and supporting papers to be reviewed by Clerk's.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme court of Michigan;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) Related: [-]
Tuesday, February 13, 2024
4		4 ELECTRONIC SUMMONS ISSUED as to Johnson Controls, Inc...(pc) Related: [-]
		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) Related: [-]
		Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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] . (pc) Related: [-]
		Case Designated ECF. (pc) Related: [-]
Monday, February 12, 2024
3		3 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson Controls, Inc., re:1 Complaint. Document filed by Francesco P. Pagano..(Lease, Adam) Related: [-]
2		2 CIVIL COVER SHEET filed..(Lease, Adam) Related: [-]
1		1 13 pgs COMPLAINT against Johnson Controls, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28936060)Document filed by Francesco P. Pagano..(Lease, Adam) Related: [-]
		Att: 1 Exhibit 1

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