Case: McKinney v. Starbucks Corporation

2:22-cv-02292 | U.S. District Court for the Western District of Tennessee

Filed Date: May 10, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 10, 2022, M. Kathleen McKinney, the regional director of Region 15 of the National Labor Relations Board, filed a lawsuit against the Starbucks Corporation on behalf of the NLRB in the U.S. District Court for the Western District of Tennessee. The petition alleged that the Starbucks Corporation engaged in acts violating Sections 8(a)(1) and (3) of the National Labor Relations Act. The lawsuit was filed in the wake of increasing tensions between the staff and management of a Memphis, Tenn…

On May 10, 2022, M. Kathleen McKinney, the regional director of Region 15 of the National Labor Relations Board, filed a lawsuit against the Starbucks Corporation on behalf of the NLRB in the U.S. District Court for the Western District of Tennessee. The petition alleged that the Starbucks Corporation engaged in acts violating Sections 8(a)(1) and (3) of the National Labor Relations Act. The lawsuit was filed in the wake of increasing tensions between the staff and management of a Memphis, Tennessee Starbucks. After the employees of the café formed a union, management issued two write-ups to one employee, closed the lobby/café portion of the facility in favor of the drive-thru, and finally discharged 7 employees. The court duly assigned the case to judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton to rule on whether or not there would be a preliminary injunction.

The plaintiff filed the initial petition pursuant to Section 10(j) of the National Labor Relations Act, asking the court for a temporary injunction pending the final disposition of the administrative complaint pending before the National Labor Relations Board. On August 18th, 2022, Judge Lipman granted the NLRB's motion for a temporary injunction. In the order granting the injunction, the judge found that there was 'reasonable cause' to believe that Starbucks may have violated Section 8(a)(1) and (3) of the act by: "(a) issuing discipline to lead organizer Nikki Taylor after hearing her discussing organizing union meetings, (b) closing the lobby of the Memphis Store to obstruct customers from participating in a union sit-in campaign, (c) removing pro-union literature from the community bulletin board, (d) increasing managerial monitoring after employees publicly announced their intent to organize, and (e) terminating the Memphis Seven after they engaged in pro-union activity" and further found that a temporary injunction was just and proper to maintain the NLRB's remedial powers. The court then ordered the reinstatement of the 7 fired employees, the rescinding of disciplinary orders towards Taylor, and that the court order be posted around the Memphis Starbucks. This temporary injunction was granted in line with section 10(j) of the National Labor Relations Act, which allows for temporary injunctive relief while awaiting administrative hearings on unfair labor practices

In response to the temporary injunction, the Starbucks corporation filed an emergency motion to stay the injunction as well as strike the NLRB's amicus response and declaration on August 21, 2022.

Starbuck's motion was considered by the Sixth Circuit for the U.S. Court of Appeals. The Sixth Circuit granted a brief administrative stay on August 23, 2022 while it considered the merits of the case. A few days later on August 26, 2023, the Sixth Circuit then vacated its administrative stay and denied defendant's motion to stay, affirming the district court's temporary injunction. The Circuit court found that section 10(j) carries a relatively insubstantial burden that the previous court met, making the temporary injunction allowable. Furthermore, the Appeals Court found that the District Court was justified in granting the injunction, as the NLRB brought forth convincing evidence that Starbucks knew about the seven employees' organizing efforts.

On October 11, 2023, Starbucks appealed the decision to the U.S. Supreme Court. As of November 3, 2021, the petition for certiorari is pending before the Supreme Court.

Summary Authors

Carlos Hurtado-Esteve (10/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63300938/parties/mckinney-v-starbucks-corporation/


Judge(s)
Attorney for Plaintiff
Expert/Monitor/Master/Other

Carlson, Mary Joyce (Tennessee)

Carter, Arthur T. (Tennessee)

Clair, Jay D. (Tennessee)

Dean, David P. (Tennessee)

Doud, Kimberly J (Tennessee)

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Documents in the Clearinghouse

Document
1

2:22-cv-02292

Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act

May 10, 2022

May 10, 2022

Complaint
86

2:22-cv-02292

Order Granting in Part Petition for Temporary Injunction

Aug. 18, 2022

Aug. 18, 2022

Order/Opinion

2022 WL 5434206

95

2:22-cv-02292

Order

U.S. Court of Appeals for the Sixth Circuit

Aug. 23, 2022

Aug. 23, 2022

Order/Opinion
99

2:22-cv-02292

Order

U.S. Court of Appeals for the Sixth Circuit

Sept. 6, 2022

Sept. 6, 2022

Order/Opinion
111

2:22-cv-02292

Judgment

Oct. 17, 2023

Oct. 17, 2023

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63300938/mckinney-v-starbucks-corporation/

Last updated Jan. 30, 2025, 8:10 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act against Starbucks Corporation, filed by National Labor Relations Board. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Index of Exhibits for Petition for 10(j) Injunction, # 3 Memorandum Memorandum of Point and Authorities in Support of Petition for 10(j) Injunction, # 4 Affidavit Certificate of Service)(Hearne, William) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

Clearinghouse
2

Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (btg) (Entered: 05/11/2022)

May 10, 2022

May 10, 2022

PACER
3

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
4

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
5

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
6

SETTING LETTER: A Hearing on the Petition for Temporary Injunction has been set for Friday, May 13, 2022 at 10:00 A.M. in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. The parties are instructed to have present any witnesses who will be needed for this hearing. (smm) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER

Notice LR 16.2

May 11, 2022

May 11, 2022

PACER

ADR Compliance

May 11, 2022

May 11, 2022

PACER

Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge

May 11, 2022

May 11, 2022

PACER
7

MOTION to Continue Respondent's Partially Unopposed Emergency Motion for Continuance of Preliminary Injunction Hearing Date and Request to Set Status Conference by Starbucks Corporation. (Attachments: # 1 Memorandum Memorandum in Support, # 2 Appendix Appendix and Exhibits in Support)(Rybacki, Timothy) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
8

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (PHV fee paid $150 Rec # ATNWDC3873987) by Starbucks Corporation. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Harper, Alfred) Modified on 5/12/2022 to show receipt number for phv payment (jae). (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
9

TEXT ONLY ORDER GRANTING 8 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 5/12/2022. (shl) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
10

ORDER granting in part 7 Respondent's Partially Unopposed Emergency Motion for Continuance of Preliminary Hearing Date and Request to Set Status Conference. Signed by Judge Sheryl H. Lipman on 5/12/22. (shl) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
11

SETTING LETTER: A Status Conference has been set for Friday, May 13, 2022 at 10:00 A.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. Please email Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions.(smm) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
12

MOTION for Leave to Appear Pro Hac Vice of Mary Joyce Carlson (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3874558) by Workers United. (Attachments: # 1 Certificate of Good Standing)(Dean, David) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
13

MOTION for Leave to Appear Pro Hac Vice of Ian Hayes (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3874584) by Workers United. (Attachments: # 1 Certificate of Good Standing)(Dean, David) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
14

MOTION for Leave to Appear Pro Hac Vice of Michael Schoenfeld (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3874586) by Workers United. (Attachments: # 1 Certificate of Good Standing)(Dean, David) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
15

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 12 MOTION for Leave to Appear Pro Hac Vice of Mary Joyce Carlson (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3874558) filed by Workers United, 14 MOTION for Leave to Appear Pro Hac Vice of Michael Schoenfeld (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3874586) filed by Workers United, 13 MOTION for Leave to Appear Pro Hac Vice of Ian Hayes (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-3874584) filed by Workers United has been filed. However, the following deficiencies have been found: Each motion must be filed by the attorney seeking pro hac admission by using their ECF login credentials; All pro hac motions must also include two (2) certificates of good standing. One from the highest state court, as well as the federal district court in which the attorney is admitted to practice. These certificates must also be dated within 30 days of the filing of each motion. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (btg) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
16

NOTICE of Appearance by William Thomas Hearne on behalf of M. Kathleen McKinney (Hearne, William) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
17

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3874771) by Workers United. (Attachments: # 1 Certificate of Good Standing)(Schoenfeld, Michael) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
18

NOTICE by Workers United re 17 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3874771) Second Certificate of Good Standing (Schoenfeld, Michael) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 12, 2022

May 12, 2022

PACER

Setting Letter - Teams

May 12, 2022

May 12, 2022

PACER

Deficiency Notice

May 12, 2022

May 12, 2022

PACER
19

MOTION for Leave to Appear Pro Hac Vice (Arthur T. Carter) (Filing fee $ 150 receipt number ATNWDC-3874815) by Starbucks Corporation. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Carter, Arthur) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
20

MOTION to Intervene proposed order submitted by Workers United. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Rule 24(c) Statement)(Dean, David) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
21

TEXT ONLY ORDER GRANTING 19 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 5/13/2022. (shl) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
22

TEXT ONLY ORDER GRANTING 17 Motion for Leave to Appear Pro Hac Vice and 18 Notice - Second Certificate of Good Standing. Signed by Judge Sheryl H. Lipman on 5/13/2022. (shl) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
23

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 20 MOTION to Intervene proposed order submitted filed by Workers United has been filed. However, the following deficiency has been found: Attorney David Dean has failed to file a notice of appearance with the court. The motion to intervene does not substitute for a notice of appearance. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
24

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 7 MOTION to Continue Respondent's Partially Unopposed Emergency Motion for Continuance of Preliminary Injunction Hearing Date and Request to Set Status Conference filed by Starbucks Corporation has been filed. However, the following deficiency has been found: Attorney, Timothy Rybacki, has not filed a Notice of Appearance in this case, and should do so as soon as possible. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
25

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 16 Notice of Appearance filed by M. Kathleen McKinney has been filed. However, the following deficiency has been found: Attorneys must file their own notice of appearance. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
26

Corrected MOTION to Intervene proposed order submitted by Workers United. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Rule 24(c) Statement)(Schoenfeld, Michael) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
27

NOTICE of Appearance by Timothy Allen Rybacki on behalf of Starbucks Corporation (Rybacki, Timothy) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
28

Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Status Conference was held on 5/13/2022. William T. Hearne, Christopher Roy and Beauford D. Pines appeared for the plaintiff. Timothy A. Rybacki, Arthur T. Carter and Kimberly Dowd appeared for the Respondent. Michael B. Schoenfeld appeared for the Intervenor. Excuplatory Material and initial witness lists to be provided by Wednesday, May 18, 2022. Requests for discovery due by Wednesday, May 18, 2022 at 12:00 PM. Responses and Document production due by Monday, May 23, 2022. Expert witness disclosures due by Monday, May 23, 2022 any rebuttal expert witnesses by May 26, 2022. All discovery complete by June 1, 2022. Witness List, Exhibits and pre-hearing briefs due by Friday, June 3, 2022. A Hearing on the Petition for Preliminary Injunction has been set for Thursday, June 9, 2022 at 9:00 A.M. in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. The hearing is expected to last two days. (Court Reporter: Candace Covey) (smm) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
29

SETTING LETTER: A Hearing on the Petition for Temporary Injunction has been set for Thursday, June 9, 2022 at 9:00 A.M. in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. The parties are instructed to have present any witnesses who will be needed for this hearing. (smm) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
30

SCHEDULING ORDER FOR HEARING ON PETITIONER'S PETITION FOR TEMPORARY INJUNCTION. Signed by Judge Sheryl H. Lipman on 5/13/22. (shl) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 13, 2022

May 13, 2022

PACER

Deficiency Notice

May 13, 2022

May 13, 2022

PACER

~Util - Set Hearings AND Status Conference

May 13, 2022

May 13, 2022

PACER
31

Consent MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3876237) by Starbucks Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing - USDC - Middle District, # 2 Exhibit Certificate of Good Standing - Florida Supreme Court)(Doud, Kimberly) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
32

TEXT ONLY ORDER GRANTING 31 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 5/16/2022. (shl) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
33

RESPONSE in Opposition re 26 Corrected MOTION to Intervene proposed order submitted Petitioner's Opposition to Workers United's Motion to Intervene filed by M. Kathleen McKinney. (Hearne, William) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
34

NOTICE by Starbucks Corporation re 20 MOTION to Intervene proposed order submitted Respondent's Notice Regarding Position on Workers United's Motion to Intervene (Rybacki, Timothy) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
35

MOTION for Leave to File Reply Brief (proposed order submitted) by Workers United. (Attachments: # 1 Memorandum)(Schoenfeld, Michael) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 16, 2022

May 16, 2022

PACER
36

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 35 MOTION for Leave to File Reply Brief (proposed order submitted) filed by Workers United has been filed. However, the following deficiency has been found: Filer failed to include a certificate of consultation. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
37

CERTIFICATE of Counsel re 35 MOTION for Leave to File Reply Brief (proposed order submitted) by Michael B. Schoenfeld on behalf of Workers United (Schoenfeld, Michael) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
38

ORDER granting 35 Motion of Workers United for Leave to File Reply. Signed by Judge Sheryl H. Lipman on 5/17/22. (shl) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
39

REPLY to Response to Motion re 33 Response in Opposition to Motion filed by Workers United. (Schoenfeld, Michael) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
40

NOTICE of Appearance by Christopher J Roy on behalf of M. Kathleen McKinney (Roy, Christopher) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
41

MOTION for Leave to File Amended Response or, in the Alternative, to File Sure-Reply Regarding Workers United's Motion to Intervene (proposed order submitted) by Starbucks Corporation. (Attachments: # 1 Memorandum Memorandum in Support of Motion for Leave)(Rybacki, Timothy) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER

Deficiency Notice

May 17, 2022

May 17, 2022

PACER
42

ORDER granting 41 Respondent's Motion for Leave to File Amended Response or, in the Alternative, File Sur-Reply Regarding Workers United's Motion to Intervene. Signed by Judge Sheryl H. Lipman on 5/18/22. (shl) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
43

NOTICE of Appearance by Linda M. Mohns on behalf of M. Kathleen McKinney (Mohns, Linda) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
44

REPLY to Response to Motion re 39 Reply to Response to Motion to Intervene or, in the Alternative, to Participate as Amicus Curiae filed by Starbucks Corporation. (Rybacki, Timothy) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
45

ORDER denying in part and granting in part Motion of Workers United to Intervene or, in the Alternative, to Participate as Amicus Curiae 26 . Signed by Judge Sheryl H. Lipman on 5/19/22. (shl) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
46

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3882889) by Starbucks Corporation. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Polito, Jacqueline) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
47

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3882963) by Starbucks Corporation. (Attachments: # 1 List of Courts Admitted to, # 2 Certificate of Good Standing - AL Supreme Court, # 3 Certificate of Good Standing - USDC Northern District of Alabama)(St. Clair, Jay) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
48

TEXT ONLY ORDER GRANTING 46 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 5/24/2022. (shl) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
49

TEXT ONLY ORDER GRANTING 47 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 5/24/2022. (shl) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 24, 2022

May 24, 2022

PACER
50

NOTICE of Appearance by Beauford Pines on behalf of M. Kathleen McKinney (Pines, Beauford) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
51

MOTION for Leave to File Or Supplement Record With Additional Affidavits by M. Kathleen McKinney. (Attachments: # 1 Memorandum Memo Supporting Petitioner's Motion to Supplement Record, # 2 Affidavit Bensinger NLRB Affidavit, # 3 Affidavit Taylor 2nd Supplemental NLRB Affidavit, # 4 Affidavit Unnamed Employee NLRB Affidavit)(Roy, Christopher) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
52

ORDER granting 51 Petitioner's Motion to Supplement the Record. Signed by Judge Sheryl H. Lipman on 6/2/22. (shl) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
53

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number BTNWDC-3889876) by Workers United. (Attachments: # 1 Appendix Certificate of Good Standing - New York, # 2 Appendix Certificate of Good Standing - WDNY, # 3 Appendix Proposed Order)(Hayes, Ian) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
54

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 53 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number BTNWDC-3889876) filed by Workers United has been filed. However, the following deficiency has been found: One of the certificates of good standing (Western District of New York) is more than 30 days old. Please resubmit entire motion with current certificates, as this motion will be termed. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
55

Consent MOTION to Extend Deadline to Exchange Exhibits and Witness Lists (proposed order submitted) by Starbucks Corporation. (Attachments: # 1 Memorandum)(Rybacki, Timothy) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
56

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by Workers United. (Attachments: # 1 Appendix Certificate of Good Standing - Second Circuit, # 2 Appendix Certificate of Good Standing - New York, # 3 Appendix Proposed Order)(Hayes, Ian) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
57

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 56 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) filed by Workers United has been filed. However, the following deficiency has been found: Certificates are from US Court of Appeals for the Second Circuit and from Appellate Division of the Supreme Court of New York. Please review our Local Rules - we require one from the highest court in which you are licensed to practice and one from a District Court (which you do not have). The proposed order should not be published on CM/ECF, but only emailed to chambers in Word format. Once again this motion will be termed pending correct submission of entire motion with correct certificates of good standing attached. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
58

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Rec # ATNWDC 3874558 - See DE 12 ) by Workers United. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Carlson, Mary Joyce) Modified on 6/3/2022 to show receipt number (jae). (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
59

ORDER granting 55 Respondent's Unopposed Motion to Extend Deadline to Exchange Exhibits and Witness Lists. Signed by Judge Sheryl H. Lipman on 6/3/22. (shl) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
60

TEXT ONLY ORDER GRANTING 58 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 6/3/2022. (shl) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
61

NOTICE by Starbucks Corporation re 1 Complaint, Respondent Starbucks Corporation's Pre-Hearing Memorandum of Points and Authorities In Opposition to Petitioner's Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act [Dkt. 1-3] (Carter, Arthur) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER

Deficiency Notice

June 3, 2022

June 3, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 3, 2022

June 3, 2022

PACER
62

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Fee paid as part of previous filing -Rec # BTNWDC 3889876) by Workers United. (Attachments: # 1 Appendix Certificate of Good Standing - Western District of New York, # 2 Appendix Certificate of Good Standing - New York)(Hayes, Ian) Modified on 6/6/2022 to show rec #(jae). (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
63

TEXT ONLY ORDER GRANTING 62 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 6/6/2022. (shl) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
64

MOTION for Hearing Motion to Permit Richard Bensinger to Testify Via Zoom by M. Kathleen McKinney. (Attachments: # 1 Memorandum Memo Supporting Motion to Permit Bensinger to Testify Via Zoom, # 2 Affidavit Bensinger Declaration)(Roy, Christopher) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 6, 2022

June 6, 2022

PACER
65

Exhibit List and Witness List (Rule 26(a)(3)(A) Disclosures) for Temporary Injunction Hearing by Starbucks Corporation.. (Polito, Jacqueline) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
66

Exhibit List and Witness List for 10(j) Injunction Hearing by M. Kathleen McKinney.. (Hearne, William) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
67

ORDER granting 64 Petitioner's Motion to Permit Richard Bensinger to Testify Via Teams. Signed by Judge Sheryl H. Lipman on 6/7/22. (shl) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
68

MOTION in Limine and Motion to Strike Affidavits (Proposed Order Submitted) by Starbucks Corporation. (Attachments: # 1 Memorandum)(Rybacki, Timothy) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
69

RESPONSE in Opposition re 68 MOTION in Limine and Motion to Strike Affidavits (Proposed Order Submitted) Petitioner's Opposition to Respondent's Motion in Limine and Motion to Strike Affidavits filed by M. Kathleen McKinney. (Hearne, William) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
70

Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Hearing on the Petition for Temporary Injunction was held on 6/9/2022. William T. Hearne, Linda M. Mohns, and Beauford Pines appeared for the plaintiff. Timothy A. Rybacki, Alfred J. Harper, III, and Arthur T. Carter appeared for the respondent. Respondents Motion in Limine 68 was heard and granted in part. Opening statements given by both parties. The parties made an oral motion for the court to call for Rule 615. The court granted the motion and ordered all witnesses excluded from court until called. Plaintiff's proof/sworn witnesses: Cara Nicole Taylor: exhibits 1-12; Amy Holden; Reaghan Hall: exhibits 13-14; Luis Beto Sanchez; exhibit 15; Anna Heiberg: exhibit 16; Margaret Carter. Hearing to resume tomorrow, Friday, June 10, 2022 at 9:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (Court Reporter: Candace Covey) (smm) (Entered: 06/10/2022)

June 9, 2022

June 9, 2022

PACER
71

Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Hearing on the Petition for Temporary Injunction was completed on 6/10/2022. William T. Hearne, Linda M. Mohns, and Beauford Pines appeared for the plaintiff. Timothy A. Rybacki, Alfred J. Harper, III, and Arthur T. Carter appeared for the respondent. Respondent's exhibits 17-21 marked and admitted. Continued with Plaintiff's proof/sworn witnesses: Richard Bensinger via Teams: exhibit 22. Exhibit 23 marked and admitted to the court. Plaintiff rests. Respondent's Oral Motion for Judgment on Partial Findings was heard and denied. Respondent's proof/sworn witnesses: Amandalynn Line: exhibits 24-37; exhibit 10 moved into evidence; Cedric Morton: exhibits 38-48; Kimberly Harris: exhibits 49-53; Steve Fox: exhibits 54-55. Respondent rests. Post Hearing briefs from both parties due by close of business on Friday, June 24, 2022. Responses due by Friday, July 1, 2022. The court will enter a written order upon receipt and review of the post hearing briefs and responses. (smm) (Entered: 06/13/2022)

June 10, 2022

June 10, 2022

PACER

~Util - Terminate Motions AND Evidentiary Hearing

June 10, 2022

June 10, 2022

PACER
72

Exhibit & Witness List. (smm) Please see the Second Amended Exhibit & Witness List 79 (smm). (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6-9-22 before Judge Sheryl H. Lipman. Court Reporter Candace S. Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 6/21/2022. Redaction Request due 7/5/2022. Release of Transcript Restriction set for 9/12/2022. (Covey, Candace) (Main Document 73 replaced on 6/16/2022) (cbs). (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER

Evidentiary Hearing

June 13, 2022

June 13, 2022

PACER
75

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6-10-22 before Judge Sheryl H. Lipman. Court Reporter Candace S. Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 6/21/2022. Redaction Request due 7/7/2022. Release of Transcript Restriction set for 9/14/2022. (Covey, Candace) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
76

Consent MOTION to Reopen and Supplement Record re 72 Exhibit List Proposed Order submitted by Starbucks Corporation. (Attachments: # 1 Memorandum Memorandum in Support, # 2 Exhibit Exhibit A)(Rybacki, Timothy) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
77

AMENDED Exhibit & Witness List. (smm) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
78

ORDER granting 76 Respondent's Unopposed Motion to Reopen and Supplement the Record. Signed by Judge Sheryl H. Lipman on 6/22/22. (shl) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
79

Second Amended Exhibit & Witness List. (smm) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
80

TRIAL BRIEF IN SUPPORT OF THE REGIONAL DIRECTORS PETITION FOR SECTION 10(j) RELIEF by Workers United. (Schoenfeld, Michael) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
81

NOTICE by Starbucks Corporation re 1 Complaint, Post-Hearing Memorandum of Points and Authorities In Opposition to Petitioner's Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act (Carter, Arthur) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
82

TRIAL BRIEF Petitioner's Post-Hearing Brief by M. Kathleen McKinney. (Roy, Christopher) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
83

TRIAL BRIEF Amicus Curiae Brief in Response to Starbucks' Post Hearing Brief by Workers United. (Schoenfeld, Michael) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
84

TRIAL BRIEF Petitioner's Reply Brief to Starbucks' Post Hearing Brief by M. Kathleen McKinney. (Pines, Beauford) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Labor Rights

Key Dates

Filing Date: May 10, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

National Labor Relations Board

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Starbucks Corporation, Private Entity/Person

Defendant Type(s):

Restaurant

Case Details

Causes of Action:

National Labor Relations Act

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reinstatement

Expungement of Employment Record