Case: Commercial Cleaning Services, L.L.C. v. Collin Services Systems, Inc

3:99-cv-00109 | U.S. District Court for the District of Connecticut

Filed Date: Jan. 20, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On January 20, 1999, Commercial Cleaning Services, a competitor of Colin Service Systems, Inc., in the business of providing cleaning and janitorial services, filed a nationwide class action in the in the U.S. District Court for the District of Connecticut, alleging that Colin had engaged in an unlawful scheme to hire undocumented immigrant workers and thereby gained an unfair competitive advantage in the cleaning market. Plaintiff alleged that Colin's scheme violated the Racketeer Influenced …

On January 20, 1999, Commercial Cleaning Services, a competitor of Colin Service Systems, Inc., in the business of providing cleaning and janitorial services, filed a nationwide class action in the in the U.S. District Court for the District of Connecticut, alleging that Colin had engaged in an unlawful scheme to hire undocumented immigrant workers and thereby gained an unfair competitive advantage in the cleaning market. Plaintiff alleged that Colin's scheme violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. sec. 1961 et seq., and Section 274 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324(a)(3)(A). Plaintiff sought declaratory, injunctive, and monetary relief.

Colin moved to dismiss the case and to stay discovery. Plaintiff moved for class certification. On March 21, 2000, the District Court (Judge Christopher F. Droney) dismissed the case on the grounds that plaintiff had no standing to pursue the case and further failed to comply with the Court's Standing Order in civil RICO cases. Commercial Cleaning Services v. Colin Service Systems, 2000 WL 545126 (D. Conn. Mar. 21, 2000). Plaintiff appealed.

The U.S. Court of Appeals for the Second Circuit reversed, finding that plaintiff's complaint satisfied the proximate cause requirement for civil RICO cases and any deficiencies in complying with the District Court's Standing Order did not warrant dismissal. The case was remanded for further proceedings. Commercial Cleaning Services, L.L.C. v. Colin Service Systems, Inc., 271 F.3d 374 (2d Cir. 2001).

The PACER docket reflects that on remand, the District Court (Judge Christopher F. Droney) approved a stipulation of the parties to discontinue the case, dated July 30, 2002. The terms of the stipulation are unknown.

Summary Authors

Brian Ponton (8/22/2007)

People


Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Garfinkel, William I. (Connecticut)

Kearse, Amalya Lyle (New York)

Leval, Pierre Nelson (New York)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Foster, Howard W. (Illinois)

Karnuth, Michael R. (Illinois)

Krislov, Clinton A. (Illinois)

Mason, Margaret P. (Connecticut)

Mills, Timothy F. (Connecticut)

Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Garfinkel, William I. (Connecticut)

Kearse, Amalya Lyle (New York)

Leval, Pierre Nelson (New York)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Foster, Howard W. (Illinois)

Karnuth, Michael R. (Illinois)

Krislov, Clinton A. (Illinois)

Mason, Margaret P. (Connecticut)

Mills, Timothy F. (Connecticut)

Smigelski, Jacek I (Connecticut)

Trinko, Curtis V. (New York)

Attorneys(s) for Defendant

Borelli, Mario R. (Connecticut)

Haller, David W. (New York)

Marcu, Aaron R. (New York)

Phillips, C William (New York)

Sandick, Harry (New York)

Sicilian, James (Connecticut)

Documents in the Clearinghouse

Document

Appellate Docket

Commercial Cleaning Services v. Colin Service Systems

U. S. Court of Appeals for the Second Circuit

May 9, 2000 Docket

Docket (PACER)

Commercial Cleaning Services v. Colin Service Systems

July 30, 2002 Docket
51

Opinion

Commercial Cleaning Services v. Colin Service Systems

2000 WL 545126

March 21, 2000 Order/Opinion

[Second Circuit] Opinion [Vacating the District Court Judgment and Remanding for Further Proceedings]

Commercial Cleaning Services, L.L.C. v Colin Service Systems, Inc.

U. S. Court of Appeals for the Second Circuit

271 F.3d 374

Nov. 15, 2001 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # 144544 (Former Employee) (Entered: 01/21/1999)

Jan. 20, 1999

SUMMONS(ES) issued for Colin Svc Syst Inc (Former Employee) (Entered: 01/21/1999)

Jan. 20, 1999
2

ORDER on Pretrial Deadlines handed to counsel. Discovery cutoff 7/22/99 ; Dispositive Motions due 8/21/99 Amended Pleadings due 3/20/99 Motions to Dismiss due 4/20/99 (Former Employee) (Entered: 01/21/1999)

Jan. 20, 1999
3

APPEARANCE of Attorney for Commercial Cleaning -- Timothy F. Mills (Former Employee) (Entered: 01/21/1999)

Jan. 20, 1999
4

APPEARANCE of Attorney for Commercial Cleaning -- Jacek I. Smigelski (Former Employee) (Entered: 01/21/1999)

Jan. 20, 1999
5

MOTION by Commercial Cleaning for Howard Foster to Appear Pro Hac Vice (Former Employee) (Entered: 01/21/1999)

Jan. 20, 1999
6

MOTION by Colin Svc Syst Inc to Extend Time to 03/18/99 to respond to the Complaint (Grady, B.) (Entered: 02/11/1999)

Feb. 11, 1999

ENDORSEMENT ordered accordingly [6-1] motion to Extend Time to 03/18/99 to respond to the Complaint (signed by Clerk) (Grady, B.) (Entered: 02/11/1999)

Feb. 11, 1999
8

MOTION by Colin Svc Syst Inc for Arron R. Marcu to Appear Pro Hac Vice (Grady, B.) (Entered: 02/17/1999)

Feb. 11, 1999
9

APPEARANCE of Attorney for Colin Svc Syst Inc -- James Sicilian, Mario R. Borelli (Grady, B.) (Entered: 02/17/1999)

Feb. 11, 1999

ENDORSEMENT granting [8-1] motion for Arron R. Marcu to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 02/19/1999)

Feb. 18, 1999
10

APPEARANCE of Attorney for Colin Svc Syst Inc -- Aaron R. Marcu (Wood, R.) (Entered: 03/03/1999)

March 3, 1999
11

MOTION by Colin Svc Syst Inc to Dismiss , or to Stay Discovery (Brief Due 4/8/99 ) (D'Onofrio, B.) (Entered: 03/19/1999)

March 18, 1999
12

AFFIDAVIT of Aaron R. Marcu by Colin Svc Syst Inc Re [11-1] motion to Dismiss by Colin Svc Syst Inc, [11-2] motion to Stay Discovery by Colin Svc Syst Inc (D'Onofrio, B.) (Entered: 03/19/1999)

March 18, 1999
13

MEMORANDUM by Colin Svc Syst Inc in support of [11-1] motion to Dismiss, [11-2] motion to Stay Discovery (D'Onofrio, B.) (Entered: 03/19/1999)

March 18, 1999
14

Exhibits by Colin Svc Syst Inc to [11-1] motion to Dismiss by Colin Svc Syst Inc, [11-2] motion to Stay Discovery by Colin Svc Syst Inc (D'Onofrio, B.) (Entered: 03/19/1999)

March 18, 1999
15

REPORT of Parties Planning Meeting (Grady, B.) (Entered: 04/08/1999)

April 6, 1999
16

MEMORANDUM by Commercial Cleaning in opposition to [11-1] motion to Dismiss, [11-2] motion to Stay Discovery (Grady, B.) (Entered: 04/12/1999)

April 8, 1999

ENDORSEMENT denying [5-1] motion for Howard Foster to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 04/19/1999)

April 16, 1999
17

MOTION by Commercial Cleaning for Howard Foster to Appear Pro Hac Vice (Grady, B.) (Entered: 04/22/1999)

April 20, 1999
18

REPLY by Colin Svc Syst Inc to response to [11-1] motion to Dismiss by Colin Svc Syst Inc, [11-2] motion to Stay Discovery by Colin Svc Syst Inc (Grady, B.) (Entered: 04/26/1999)

April 22, 1999

ENDORSEMENT granting [17-1] motion for Howard Foster to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 04/28/1999)

April 28, 1999

Telephonic Status Conference set for 3:00 5/24/99 ( CFD) (Johnson, D.) (Entered: 05/11/1999)

May 11, 1999
19

APPEARANCE of Attorney for Commercial Cleaning -- Howard W. Foster (Grady, B.) (Entered: 05/13/1999)

May 11, 1999
20

ORDERED that the parties appear on 06/25/99 at 10:00 a.m. for argument on the [11-1] motion to Dismiss, denying [11-2] motion to Stay Discovery ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 05/24/1999)

May 24, 1999
21

Telephonic Status Conference held ( CFD) (Johnson, D.) (Entered: 05/26/1999)

May 24, 1999

Motion hearing re: [11-1] motion to Dismiss by Colin Svc Syst Inc set at 10:00 6/25/99 ( CFD) (Johnson, D.) (Entered: 05/25/1999)

May 25, 1999
22

REVISED REPORT of Parties Planning Meeting (Grady, B.) (Entered: 06/08/1999)

June 7, 1999
23

ORDER approving [22-1] report, resetting Discovery deadline to 5/1/01 ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 06/17/1999)

June 17, 1999
24

Motion hearing held re: [11-1] motion to Dismiss, [11-2] motion to Stay Discovery (CFD) (Grady, B.) (Entered: 06/25/1999)

June 25, 1999

MINUTE Entry: [11-1] motion to Dismiss, [11-2] motion to Stay Discovery under advisement ( CFD) (Grady, B.) (Entered: 06/25/1999)

June 25, 1999
25

REPLY by Colin Svc Syst Inc to response to [11-1] motion to Dismiss by Colin Svc Syst Inc (Grady, B.) (Entered: 07/12/1999)

July 9, 1999
26

REPLY by Commercial Cleaning to response to [11-1] motion to Dismiss by Colin Svc Syst Inc (Grady, B.) Modified on 07/26/1999 (Entered: 07/23/1999)

July 23, 1999
27

REPLY by Colin Svc Syst Inc to response to [11-1] motion to Dismiss by Colin Svc Syst Inc (Grady, B.) (Entered: 07/28/1999)

July 26, 1999
28

NOTICE of Motion to Revise Scheduling Order by Commercial Cleaning (Grady, B.) (Entered: 08/09/1999)

Aug. 6, 1999
29

MOTION by Commercial Cleaning to Revise Scheduling Order, re: [22- 1] report (Brief Due 8/27/99 ) (Grady, B.) (Entered: 08/09/1999)

Aug. 6, 1999
30

MEMORANDUM by Colin Svc Syst Inc in opposition to [29-1] motion to Revise Scheduling Order, re: [22-1] report (Grady, B.) (Entered: 08/30/1999)

Aug. 30, 1999
31

LETTER dated 08/31/99 Regarding: Motion to Extend Time for the filing of its motion for class certification by Commercial Cleaning (Grady, B.) (Entered: 09/27/1999)

Sept. 24, 1999

Telephonic Status Conference set for 2:30 10/15/99 ( CFD) (Johnson, D.) (Entered: 10/04/1999)

Oct. 4, 1999
32

LETTER dated 09/17/99 Regarding: Court of Appeals issuing an opinion by Colin Svc Syst Inc (Grady, B.) (Entered: 10/06/1999)

Oct. 4, 1999
33

Telephonic Status Conference held ( CFD) (Johnson, D.) (Entered: 10/18/1999)

Oct. 15, 1999
34

ORDER of referral to Mag. Judge William I. Garfinkel to supervise discovery and resolve discovery disputes and to resolve the existing discovery disputes concerning class certification discovery (signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 10/18/1999)

Oct. 18, 1999
35

ORDER granting [29-1] motion to Revise Scheduling Order, re: [22-1] report ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 10/18/1999)

Oct. 18, 1999
36

LETTER dated 09/27/99 Regarding Second Circuit Court of Appeals amended opinion by Commercial Cleaning (Grady, B.) (Entered: 10/22/1999)

Oct. 21, 1999
37

ORDER re courtesy copies: copies of all filings should be forwarded to chambers ( Signed by Mag. Judge William I. Garfinkel ) (Gutierrez, Y.) (Entered: 10/25/1999)

Oct. 22, 1999
38

MOTION by Colin Svc Syst Inc to Modify [35-1] order dated 06/17/99, re: [22-1] report (Grady, B.) (Entered: 10/29/1999)

Oct. 28, 1999
39

MEMORANDUM by Commercial Cleaning in opposition to [38-1] motion to Modify [35-1] order dated 06/17/99, re: [22-1] report and Motion for attorneys' fees (part 1 of 2) (Grady, B.) (Entered: 11/08/1999)

Nov. 5, 1999
39

MEMORANDUM by Commercial Cleaning in opposition to [38-1] motion to Modify [35-1] order dated 06/17/99, re: [22-1] report and Motion for Attorney Fees (part 2 of 2) (Brief Due 11/26/99 ) (Grady, B.) (Entered: 11/08/1999)

Nov. 5, 1999
40

REPLY by Colin Svc Syst Inc in further support of [38-1] motion to Modify [35-1] order dated 06/17/99, re: [22-1] report by Colin Svc Syst Inc (Grady, B.) (Entered: 11/17/1999)

Nov. 16, 1999
41

MOTION by Colin Svc Syst Inc for C. Williams Phillips to Appear Pro Hac Vice (Grady, B.) (Entered: 11/19/1999)

Nov. 19, 1999

ENDORSEMENT granting [41-1] motion for C. Williams Phillips to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 11/30/1999)

Nov. 30, 1999
43

MEMORANDUM by Commercial Cleaning in support of [42-1] motion to Compel discovery (Grady, B.) (Entered: 12/10/1999)

Dec. 8, 1999

ENDORSEMENT granting in part, denying in part [42-1] motion to Compel discovery, denying [42-2] motion for Attorney Fees ( signed by Mag. Judge William I. Garfinkel ) (Cody, C.) (Entered: 12/17/1999)

Dec. 16, 1999
44

RULING denying [39-1] motion for Attorney Fees, granting [38-1] motion to Modify [35-1] order dated 06/17/99, re: [22-1] report ( signed by Mag. Judge William I. Garfinkel ) 1 Page(s) (Cody, C.) (Entered: 12/17/1999)

Dec. 16, 1999
45

Telephonic Status Conference held ( WIG) (Sanders, C.) (Entered: 12/22/1999)

Dec. 16, 1999
46

APPEARANCE of Attorney for Colin Svc Syst Inc -- C. William Philips (Blue,A.) (Entered: 12/22/1999)

Dec. 21, 1999
47

MOTION by Commercial Cleaning for Clinton A. Krislov to Appear Pro Hac Vice (Gutierrez, Y.) (Entered: 02/10/2000)

Feb. 9, 2000

ENDORSEMENT [47-1] motion for Clinton A. Krislov to Appear Pro Hac Vice ordered accordingly ( signed by Clerk ) (Gutierrez, Y.) (Entered: 02/10/2000)

Feb. 10, 2000
48

MOTION by Commercial Cleaning to Certify Class (Brief Due 3/14/00 ) (Bauer, J.) (Entered: 02/23/2000)

Feb. 22, 2000
49

MEMORANDUM by Commercial Cleaning in support of [48-1] motion to Certify Class (Bauer, J.) (Entered: 02/23/2000)

Feb. 22, 2000
50

MOTION by Colin Svc Syst Inc for Harry Sandick to Appear Pro Hac Vice (Grady, B.) (Entered: 03/21/2000)

March 20, 2000
51

RULING granting [11-1] motion to Dismiss ( signed by Judge Christopher F. Droney ) 14 Page(s) (Johnson, D.) (Entered: 03/22/2000)

March 21, 2000
52

JUDGMENT for Colin Svc Syst Inc against Commercial Cleaning ( signed by Clerk ) (Johnson, D.) (Entered: 03/22/2000)

March 22, 2000

Case closed (Johnson, D.) (Entered: 03/22/2000)

March 22, 2000

ENDORSEMENT denying as moot [50-1] motion for Harry Sandick to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 04/05/2000)

April 5, 2000
53

NOTICE OF APPEAL of [52-1] judgment order by Commercial Cleaning Certified Copy of Appeal and Docket mailed to USCA (Montgomery, C.) (Entered: 04/13/2000)

April 13, 2000
55

Scheduling Order from USCA regarding [53-1] appeal by Commercial Cleaning USCA Number: 00-7571 (Warren, C.) (Entered: 06/21/2000)

June 19, 2000
56

TRANSCRIPT for date of 06/25/00 (Court reporter: Martha Marshall) (Grady, B.) (Entered: 06/23/2000)

June 23, 2000

INDEX to Record on Appeal mailed to USCA: [53-1] appeal by Commercial Cleaning (Montgomery, C.) (Entered: 06/29/2000)

June 29, 2000
57

ACKNOWLEDGED receipt of Index to Record on Appeal at USCA on 7/5/00 received re: [53-1] appeal by Commercial Cleaning USCA Number: 007571 (Montgomery, C.) (Entered: 07/11/2000)

July 7, 2000
58

MANDATE OF USCA (certified copy) dated 12/6/01 remanding case to District Court re: [53-1] appeal ( Roseann B. MacKechnie) (Montgomery, C.) (Entered: 12/11/2001)

Dec. 10, 2001

Case reopened re: [58-1] mandate (Montgomery, C.) (Entered: 12/11/2001)

Dec. 10, 2001
59

APPEARANCE of Attorney for Commercial Cleaning -- Margaret P. Mason (Bauer, J.) (Entered: 01/07/2002)

Jan. 7, 2002
60

MOTION by Commercial Cleaning to Amend [1-1] complaint , and for Entry of Scheduling Order (Bauer, J.) (Entered: 01/07/2002)

Jan. 7, 2002
61

RESPONSE by Colin Svc Syst Inc to [60-1] motion to Amend [1-1] complaint, [60-2] motion for Entry of Scheduling Order (Grady, B.) (Entered: 01/16/2002)

Jan. 15, 2002
62

MOTION by Commercial Cleaning for Timothy Mills to Withdraw as Attorney (Warner, R.) (Entered: 01/18/2002)

Jan. 17, 2002
63

MOTION by Commercial Cleaning for Curtis V. Trinko to Appear Pro Hac Vice (Grady, B.) (Entered: 01/31/2002)

Jan. 29, 2002
64

MOTION by Commercial Cleaning for Micharl R. Karnuth to Appear Pro Hac Vice (Grady, B.) (Entered: 01/31/2002)

Jan. 29, 2002

ENDORSEMENT granting [63-1] motion for Curtis V. Trinko to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 02/06/2002)

Feb. 6, 2002

ENDORSEMENT granting [64-1] motion for Micharl R. Karnuth to Appear Pro Hac Vice ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 02/06/2002)

Feb. 6, 2002
65

APPEARANCE of Attorney for Commercial Cleaning -- Curtis V. Trinko (Grady, B.) (Entered: 02/19/2002)

Feb. 15, 2002
66

APPEARANCE of Attorney for Commercial Cleaning -- Michael R. Karnuth (Grady, B.) (Entered: 02/19/2002)

Feb. 15, 2002
67

APPEARANCE of Attorney for Commercial Cleaning -- Clinton A. Krislov (Grady, B.) (Entered: 02/19/2002)

Feb. 15, 2002

ENDORSEMENT granting [62-1] motion for Timothy Mills to Withdraw as Attorney (Terminated attorney Timothy F. Mills for Commercial Cleaning ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 02/26/2002)

Feb. 25, 2002
68

MOTION by Commercial Cleaning for Jacek Smigelski to Withdraw as Attorney (Bauer, J.) (Entered: 03/04/2002)

March 1, 2002

ENDORSEMENT granting [68-1] motion for Jacek Smigelski to Withdraw as Attorney (Terminated attorney Jacek I. Smigelski for Commercial Cleaning ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 03/08/2002)

March 6, 2002

Telephonic Status Conference set for 4:00 3/21/02 ( CFD) (Johnson, D.) (Entered: 03/11/2002)

March 11, 2002
69

MOTION by Colin Svc Syst Inc for Contiuance of the Telephonic Status Conference until 03/31/02 (Grady, B.) (Entered: 03/18/2002)

March 15, 2002

ENDORSEMENT granting [69-1] motion for Contiuance of the Telephonic Status Conference until 03/31/02 ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 03/21/2002)

March 20, 2002

Telephonic Status Conference set for 11:30 4/26/02 ( CFD) (Johnson, D.) (Entered: 04/03/2002)

April 3, 2002
71

Telephonic Status Conference held (CFD) (Grady, B.) (Entered: 04/30/2002)

April 26, 2002

ENDORSEMENT granting [60-1] motion to Amend [1-1] complaint, granting [60-2] motion for Entry of Scheduling Order ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 04/30/2002)

April 29, 2002
70

AMENDED COMPLAINT by Commercial Cleaning amending [1-1] complaint; jury demand (Grady, B.) (Entered: 04/30/2002)

April 29, 2002
72

ORDER, setting Status Report deadline to 7/11/02 ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 07/01/2002)

June 28, 2002
73

STATUS REPORT by Colin Svc Syst Inc (Grady, B.) (Entered: 07/12/2002)

July 11, 2002
74

STIPULATION of discontinuance of case (Johnson, D.) (Entered: 07/30/2002)

July 30, 2002

ENDORSEMENT approving [74-1] stipulation ( signed by Judge Christopher F. Droney ) (Johnson, D.) (Entered: 07/30/2002)

July 30, 2002

Case closed (Johnson, D.) (Entered: 07/30/2002)

July 30, 2002

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 20, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Competitors of Colin Service Systems Inc. in the cleaning and janitorial business, damaged by Colin's scheme to hire illegal alien workers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Colin Service Systems, Private Entity/Person

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Immigration/Border:

Employer sanctions

Employment

Undocumented immigrants - state and local regulation