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

Case

Case 21-1573, Document 8, 07/12/2021, 3135699, Page2 of 158 PART B: DISTRICT COURT DISPOSITION (Check as many as apply) 1. Stage of Proceedings 2. Type of Judgment/Order Appealed 3. Relief ✔ Pre-trial During trial After trial Default judgment ✔ Dismissal/other jurisdiction Dismissal/FRCP 12(b)(1) Dismissal/merit lack of subject matter juris. Judgment / Decision of the Court Dismissal/FRCP 12(b)(6) Summary judgment failure to state a claim Declaratory judgment Dismissal/28 U.S.C. § 1915(e)(2) Jury verdict frivolous complaint Judgment NOV Dismissal/28 U.S.C. § 1915(e)(2) Directed verdict other dismissal Other (specify): Damages: Sought: $ Granted: $ Denied: $ Injunctions: Preliminary Permanent Denied PART C: NATURE OF SUIT (Check as many as apply) 1. Federal Statutes 2. Torts 3. Contracts 4. Prisoner Petitions Antitrust Communications Freedom of Information Act Bankruptcy Consumer Protection Immigration Banks/Banking Copyright Patent Labor Civil Rights Trademark OSHA Commerce Election Securities Energy Soc. Security Tax Commodities Environmental ✔ Other (specify): Admiralty/ Maritime Assault / Defamation FELA Products Liability Other (Specify): Admiralty/ Maritime Arbitration Commercial Employment Insurance Negotiable Instruments Other Specify Civil Rights Habeas Corpus Mandamus Parole Vacate Sentence Other 5. Other Hague Int’l Child Custody Conv. Forfeiture/Penalty Real Property Treaty (specify): Other (specify): 6. General Arbitration Attorney Disqualification Class Action Counsel Fees Shareholder Derivative Transfer 7. Will appeal raise constitutional issue(s)? Yes No Will appeal raise a matter of first impression? Yes No 1. Is any matter relative to this appeal still pending below? Yes, specify: No 2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency which: (A) Arises from substantially the same case or controversy as this appeal? ✔ Yes No (B) Involves an issue that is substantially similar or related to an issue in this appeal? ✔ Yes No If yes, state whether “A,” or “B,” or both are applicable, and provide in the spaces below the following information on the other action(s): Case Name: Docket No. Citation: Court or Agency: See attached schedule of related actions see attached Name of Appellant: Third Party Defendants, Donna Hodge, Annette Hall, Karen Grant Williams Alexi Arias, as the Class Representatives of a Class of Employees of Employer Defendants Date: Signature of Counsel of Record: NOTICE TO COUNSEL Once you have filed your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the following important steps: 1. Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and file it with the Clerk of the Second Circuit in accordance with LR 25.1. 2. File the Court of Appeals Transcript Information/Civil Appeal Form (Form D) with the Clerk of the Second Circuit in accordance with LR 25.1. 3. Pay the5 docketing fee to the United States District Court or the 0 docketing fee to the United States Tax Court unless you are authorized to prosecute the appeal without payment. PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS WITHIN 14 DAYS, YOUR APPEAL WILL BE DISMISSED. SEE LOCAL RULE 12.1. FORM C (Rev. December 2016)

Case 21-1573, Document 8, 07/12/2021, 3135699, Page3 of 158 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C) FORM C – ADDENDUMS “A” AND “B” ADDENDUM “A” DESCRIPTION OF THE NATURE OF THE ACTION The Class represented by Donna Hodge, Annette Hall, Karen Grant Williams, Alexi Arias, Albert E. Percy, Percy Jobs and Careers Corporation in Lead Appeal 21-1585 Case EDNY 20-cv-06131 and nine tag along cases listed below were dismissed with prejudice by the Lower Court’s Decision and Order 1 . The portions of the Order that apply to these cases (May 27 th Order, at pp. 23-26) identified that these cases involve “8,773 defendants”, but the Lower Court failed to recognize that these parties were named only as putative members of a class of defendants; LEAD CASE EDNY 20-cv- 06131, Dkt 27 paragraph 25 at page 60 and paragraph 28 at page 61. The Defendant Class is identified by Don & Bradstreet by Standard Industrial Classification ("SIC") and North American Industrial Classification System (NAICS") classification codes, as defendant class representative industry leaders are fairly and vigorously able to represent the interests of the Employer Class Defendant to defend this Class Action. The appeal in 21-1585 Case EDNY 20-cv-06131 and 8 Related Appeals all concern the same parties and causes of action. A complete list of the Related Appeals and the proposed Lead Case, including District Court docket numbers, is as follows: 1 The Lower Court issued an identical Decision and Order in 34 cases. This pre-Argument Statement on Appeal parses the Decision and Order to address only the issues that apply toLEAD CASE EDNY 20-cv- 06131, Appeal No. 21-1585, EDNY 21-cv-02175, Appeal No. 21-1578, EDNY 21-cv-02182, Appeal No. 21- 1577, EDNY 21-cv-02194, Appeal No. 21-1573, EDNY 21-cv-02198, Appeal No. 21-1570, EDNY 21-cv-02311, Appeal No. 21-1574, EDNY 21-cv-02283, Appeal No. 21-1597, EDNY 21-cv-02313, Appeal No. 21-1572, and EDNY 21-cv-02314, Appeal No. 21-1587, identical or substantially similar Cases on appeal. 1