EDNY Case 21-cv-02194 US Court of Appeals Second Circuit 21-1573 Doc #8 Civil Appeal Pre-Argument Statement (Form C)

EDNY Case 21-cv-02194 US Court of Appeals Second Circuit 21-1573 Doc #8 Civil Appeal Pre-Argument Statement (Form

Case 21-1573, Document 8, 07/12/2021, 3135699, Page1 of 158 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C) 1. SEE NOTICE ON REVERSE 2. PLEASE TYPE OR PRINT 3. STAPLE ALL ADDITIONAL PAGES Case Caption: District Court or Agency: Judge: Albert E. Percy, and Percy Jobs and Careers as Class Representative v. F&E Maintenance Inc. EDNY Date the Order or Judgment Appealed from was Entered on the Docket: May 27, 2021 Date the Notice of Appeal was Filed: Hon. Nicholas Garaufis District Court Docket No.: 21-cv-2194 Is this a Cross Appeal? June 25, 2021 Yes ✔ No Attorney(s) for Appellant(s): ✔ Plaintiff Defendant Counsel’s Name: Address: Telephone No.: Fax No.: E-mail: James M. Kernan 26 Broadway, 19th Floor, New York, New York 10004,(212)986-3196 jkernan@kernanllp.com Attorney(s) for Appellee(s): Plaintiff ✔ Defendant Counsel’s Name: Address: Telephone No.: Fax No.: E-mail: Ira Lipsius 80-02 Kew Gardens Road Suite 1030 Kew Gardens, New York 11415 Telephone: (212) 981-8440 Christopher Edward Buckey, Esq., Litigation Counsel, Cullen and Dykman LLP, Suite 900, 80 State Street, Albany, NY 12207, 518-788-9406 Has Transcript Been Prepared? na Approx. Number of Transcript Pages: na Number of Exhibits Appended to Transcript: na Has this matter been before this Circuit previously? Yes ✔ No If Yes, provide the following: Case Name: 2d Cir. Docket No.: Reporter Citation: (i.e., F.3d or Fed. App.) ADDENDUM “A”: COUNSEL MUST ATTACH TO THIS FORM: (1) A BRIEF, BUT NOT PERFUNCTORY, DESCRIPTION OF THE NATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COPY OF THE NOTICE OF APPEAL AND A CURRENT COPY OF THE LOWER COURT DOCKET SHEET; AND (4) A COPY OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FOR THIS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS. ADDENDUM “B”: COUNSEL MUST ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL, AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE. PART A: JURISDICTION 1. Federal Jurisdiction U.S. a party Diversity ✔ Federal question Other (specify): (U.S. not a party) 2 . Appellate Jurisdiction Final Decision Order Certified by District Judge (i.e., Fed . R. Civ. P. 54(b)) ✔ Interlocutory Decision Appealable As of Right Other (specify): FORM C (Rev. October 2016) IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.