The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

A short video follows below. there are also helpful and informative links on this website

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US Court of Appeals Second Circuit Case 21-1575, Doc 6, Pre-Argument Statement on Appeal 07-12-2021

  • Text
  • Oriska
  • Rehabilitation
  • Nursing
  • Operator
  • Kernan
  • Defendants
  • Intervenor
  • Plaintiff
  • Removal
  • Corporation
  • Appeals
  • Circuit

ong>Caseong> ong>21ong>-ong>1575ong>, ong>Docong>ument 6, 07/12/20ong>21ong>, 3136178, Page44 ong>ofong> 119 7/5/20ong>21ong> Eastern District ong>ofong> New York - LIVE Database 1.6 (Revision 1.6.1) 04/19/20ong>21ong> 33 Notice ong>ofong> Related ong>Caseong>: The Civil Cover Sheet filed in ong>21ong>cv2025 indicates a related case. (Rodin, Deanna) (Entered: 04/19/20ong>21ong>) 04/19/20ong>21ong> 34 Notice ong>ofong> Related ong>Caseong>: The Civil Cover Sheet filed in ong>21ong>cv2029 indicates a related case. (Rodin, Deanna) (Entered: 04/19/20ong>21ong>) 04/20/20ong>21ong> 35 Notice ong>ofong> Related ong>Caseong>: The Civil Cover Sheet filed in ong>21ong>cv2030 indicates a related case. (Rodin, Deanna) (Entered: 04/20/20ong>21ong>) 04/20/20ong>21ong> 36 Notice ong>ofong> Related ong>Caseong>: The Civil Cover Sheet filed in ong>21ong>cv2040 indicates a related case. (Rodin, Deanna) (Entered: 04/20/20ong>21ong>) 04/20/20ong>21ong> 37 Notice ong>ofong> Related ong>Caseong>: The Civil Cover Sheet filed in ong>21ong>cv2050 indicates a related case. (Rodin, Deanna) (Entered: 04/20/20ong>21ong>) 04/ong>21ong>/20ong>21ong> 38 MEMORANDUM in Opposition to Motion to Remand filed by Oriska Corporation. (Attachments: # 1 Exhibit A - ong>Docong>ket EFCA2020- 001276, # 2 Exhibit B - ong>Docong>ket ong>Caseong> #609877/2019) (Policelli, Frank) (Entered: 04/ong>21ong>/20ong>21ong>) 04/23/20ong>21ong> 39 DECLARATION in Opposition to Remand by Alexi Arias, Annette Hall, Donna Hodge, Karen Grant Williams (Attachments: # 1 Original Complaint, # 2 Notice ong>ofong> Appearance, # 3 Consent, # 4 Stipulation, # 5 Affirmation, # 6 Notice ong>ofong> Untimely, # 7 Order ong>ofong> Judge, # 8 Amended Complaint, # 9 Notice ong>ofong> Appearance, # 10 Stipulation, # 11 Notice ong>ofong> Removal, # 12 Notice ong>ofong> Transfer, # 13 Refiled Notice ong>ofong> Appearance, # 14 Refiled Notice ong>ofong> Removal) (Kernan, James) (Attachment 5 replaced for statistical purposes (original pdf flagged as corrupt) on 4/28/20ong>21ong>) (Entered: 04/23/20ong>21ong>) 04/23/20ong>21ong> 40 MEMORANDUM in Opposition to Remand filed by Alexi Arias, Annette Hall, Donna Hodge, Karen Grant Williams. (Kernan, James) (Entered: 04/23/20ong>21ong>) 04/30/20ong>21ong> 41 REPLY in Support ong>ofong> Motion to Remand filed by Bay Park Center Nursing & Rehabilitation LLC, Brookhaven Rehabilitation & Health Care Center, LLC, Caring Family Nursing & Rehabilitation Center, Eastchester Rehabilitation & Health Care Center, Golden Gate Rehabilitation & Health Care Center, Grace Plaza Nursing and Rehabilitation Center, Nassau Rehabilitation & Nursing Center, Park Avenue Extended Care Facility, South Point Plaza Nursing and Rehabilitation Center, Spring Creek Rehab & Nursing Care Center, The Hamptons Center for Rehabilitation and Nursing, Throgs Neck Rehabilitation & Nursing Center, Townhouse Center for Rehabilitation and Nursing. (Lipsius, Ira) (Entered: 04/30/20ong>21ong>) 05/07/20ong>21ong> 42 Proposed Summons. Re 1 Notice ong>ofong> Removal,, by Alexi Arias, Donna Hodge, Karen Grant Williams (Attachments: # 1 additional summons) (Kernan, James) (Entered: 05/07/20ong>21ong>) 05/07/20ong>21ong> Your proposed summons was not issued for one ong>ofong> the following reasons: If multiple defendants, there must me a rider attached to the summons with the full caption listed in its entirety and the name and addresses ong>ofong> all defendants included Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Lee, Tiffeny) (Entered: 05/07/20ong>21ong>) 05/10/20ong>21ong> 43 Proposed Summons. Re 1 Notice ong>ofong> Removal,, by Alexi Arias, Annette Hall, Donna Hodge, Karen Grant Williams (Kernan, James) (Entered: 05/10/20ong>21ong>) 05/10/20ong>21ong> 44 Summons Issued as to the Defendants. (Lee, Tiffeny) (Entered: 05/10/20ong>21ong>) 05/11/20ong>21ong> 45 MOTION to Consolidate ong>Caseong>s by Alexi Arias, Annette Hall, Donna Hodge, Karen Grant Williams. (Attachments: # 1 Declaration, # 2 Memorandum, # 3 #1 Attachment to Memorandum-JPML Motion, # 4 #2 Attachment to Memorandum-Schedule ong>ofong> Actions, # https://ecf.nyed.uscourts.gov/cgi-bin/DktRpt.pl?149772844552438-L_1_0-1 29/31

ong>Caseong> ong>21ong>-ong>1575ong>, ong>Docong>ument 6, 07/12/20ong>21ong>, 3136178, Page45 ong>ofong> 119 7/5/20ong>21ong> Eastern District ong>ofong> New York - LIVE Database 1.6 (Revision 1.6.1) 5 #3 Attachment to Memorandum-Brief to Panel, # 6 #4- Judge Libert Order) (Kernan, James) (Entered: 05/11/20ong>21ong>) 05/25/20ong>21ong> 46 NOTICE ong>ofong> Appearance by Ephraim Savitt on behalf ong>ofong> Alexi Arias, Annette Hall, Donna Hodge, Karen Grant Williams (aty to be noticed) (Savitt, Ephraim) (Entered: 05/25/20ong>21ong>) 05/27/20ong>21ong> 47 MEMORANDUM & ORDER, For the reasons stated below, each ong>ofong> the Removed Actions is REMANDED to New York Supreme ong>Courtong>, Oneida County and each ong>ofong> the Federal Actions is DISMISSED with prejudice. Requests made by counsel in the Removed Actions for attorneys fees and costs are GRANTED. Attorney James M. Kernan, counsel for the Class Representatives, is ORDERED to show cause within two weeks ong>ofong> the date ong>ofong> this Order, in writing, as to why he should not be referred to the Disciplinary Committee for this District in connection with his conduct in these lawsuits. So Ordered by Judge Nicholas G. Garaufis on 5/27/20ong>21ong>. (Certified copy ong>ofong> Order mailed to New York Supreme ong>Courtong>, Oneida County, County Clerk, 200 Elizabeth St #4, Utica, NY 13501, ong>Docong>ket No. EFCA 2020-1276) (Lee, Tiffeny) (Entered: 05/27/20ong>21ong>) 05/28/20ong>21ong> 48 CLERK'S JUDGMENT that the removed actions are remanded to New York Supreme ong>Courtong>, Oneida County; the federal actions are dismissed with prejudice; requests for attorneys' fees and costs by the Defendants in the removed actions are granted, and Judgment is entered in favor ong>ofong> Defendants. Signed Douglas C. Palmer, Clerk ong>ofong> ong>Courtong> by Brenna B. Mahoney, Chief Deputy Clerk on May 28, 20ong>21ong>. (Lee, Tiffeny) (Entered: 05/28/20ong>21ong>) 06/09/20ong>21ong> 49 Letter by Alexi Arias, Donna Hodge (Attachments: # 1 attachment) (Kernan, James) (Entered: 06/09/20ong>21ong>) 06/10/20ong>21ong> ORDER: Attorney Kernan's request to extend the deadline to show cause by thirty days is DENIED. A limited extension to June ong>21ong> is GRANTED. Ordered by Judge Nicholas G. Garaufis on 6/10/20ong>21ong>. (Baron, Laura) (Entered: 06/10/20ong>21ong>) 06/10/20ong>21ong> 50 Letter MOTION for Extension ong>ofong> Time to File re: Attorneys' Fees by Bay Park Center for Nursing & Rehabilitation LLC, Brookhaven Rehabilitation & Health Care Center LLC, Caring Family Nursing & Rehabilitation Center, Eastchester Rehabilitation & Health Care Center, Golden Hill Health Care Center & Rehabilitation Center, Grace Plaza Nursing and Rehabilitation Center, Nassau Rehabilitation & Nursing Center, Park Avenue Extended Care Facility, South Point Plaza Nursing and Rehabilitation Center, Spring Creek Rehabilitation & Nursing Care Center, The Hamptons Center for Rehabilitation and Nursing, Throgs Neck Rehabilitation & Nursing Center, Townhouse Center for Rehabilitation and Nursing. (Lipsius, Ira) (Entered: 06/10/20ong>21ong>) 06/10/20ong>21ong> 51 Letter Joining in Extension Request by Allstate ASO, Inc. (Chorba, Timothy) (Entered: 06/10/20ong>21ong>) 06/15/20ong>21ong> 52 ORDER re 50 Motion for Extension ong>ofong> Time to File re Attorneys' Fees. Application granted. Time to file application is extended to July 12, 20ong>21ong>. So Ordered by Judge Nicholas G. Garaufis on 6/15/20ong>21ong>. (Lee, Tiffeny) (Entered: 06/15/20ong>21ong>) 06/ong>21ong>/20ong>21ong> 53 NOTICE ong>ofong> Appearance by Michael S. Ross on behalf ong>ofong> James M. Kernan (aty to be noticed) (Ross, Michael) (Entered: 06/ong>21ong>/20ong>21ong>) 06/ong>21ong>/20ong>21ong> 54 NOTICE ong>ofong> Appearance by Eugene Alexander Gormakh on behalf ong>ofong> James M. Kernan (aty to be noticed) (Gormakh, Eugene) (Entered: 06/ong>21ong>/20ong>21ong>) 06/ong>21ong>/20ong>21ong> 55 DECLARATION re 47 Order on Motion to Consolidate ong>Caseong>s,,,, Order on Motion for More Definite ong>Statementong>,,,, Order on Motion for Extension ong>ofong> Time to File Response/Reply,,,,,,,, Order to Show Cause,,, by James M. Kernan (Kernan, James) (Entered: 06/ong>21ong>/20ong>21ong>) https://ecf.nyed.uscourts.gov/cgi-bin/DktRpt.pl?149772844552438-L_1_0-1 30/31

Tag-along Lawsuits against Putative Class Defendant Members: Decision Appealed, Response and Complaint