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)

Attorney for Plaintiff

Foster, Howard W. (Illinois)

Attorney for Defendant

Borelli, Mario R. (Connecticut)

Haller, David W. (New York)

Documents in the Clearinghouse

Documents in this case

00-07571

Appellate Docket

Commercial Cleaning Services v. Colin Service Systems

U.S. Court of Appeals for the Second Circuit

May 9, 2000

May 9, 2000

Docket

3:99-cv-00109

Docket (PACER)

Commercial Cleaning Services v. Colin Service Systems

July 30, 2002

July 30, 2002

Docket
51

3:99-cv-00109

Opinion

Commercial Cleaning Services v. Colin Service Systems

March 21, 2000

March 21, 2000

Order/Opinion

2000 WL 545126

00-07571

[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

Nov. 15, 2001

Nov. 15, 2001

Order/Opinion

271 F.3d 374

Docket

Last updated March 24, 2025, 8:12 a.m.

ECF Number Date Description Link
1 Jan. 20, 1999

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

PACER
2 Jan. 20, 1999

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)

PACER
3 Jan. 20, 1999

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

PACER
4 Jan. 20, 1999

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

PACER
5 Jan. 20, 1999

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

PACER
Jan. 20, 1999

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

PACER
6 Feb. 11, 1999

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

PACER
8 Feb. 11, 1999

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

PACER
9 Feb. 11, 1999

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

PACER
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)

PACER
Feb. 18, 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)

PACER
10 March 3, 1999

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

PACER
11 March 18, 1999

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

PACER
12 March 18, 1999

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)

PACER
13 March 18, 1999

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)

PACER
14 March 18, 1999

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)

PACER
15 April 6, 1999

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

PACER
16 April 8, 1999

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

PACER
April 16, 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)

PACER
17 April 20, 1999

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

PACER
18 April 22, 1999

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)

PACER
April 28, 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)

PACER
19 May 11, 1999

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

PACER
May 11, 1999

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

PACER
20 May 24, 1999

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)

PACER
21 May 24, 1999

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

PACER
May 25, 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)

PACER
22 June 7, 1999

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

PACER
23 June 17, 1999

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

PACER
24 June 25, 1999

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

PACER
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)

PACER
25 July 9, 1999

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)

PACER
26 July 23, 1999

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)

PACER
27 July 26, 1999

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)

PACER
28 Aug. 6, 1999

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

PACER
29 Aug. 6, 1999

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

PACER
30 Aug. 30, 1999

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)

PACER
31 Sept. 24, 1999

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)

PACER
32 Oct. 4, 1999

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

PACER
Oct. 4, 1999

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

PACER
33 Oct. 15, 1999

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

PACER
34 Oct. 18, 1999

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)

PACER
35 Oct. 18, 1999

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)

PACER
36 Oct. 21, 1999

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

PACER
37 Oct. 22, 1999

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)

PACER
38 Oct. 28, 1999

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)

PACER
39 Nov. 5, 1999

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)

PACER
39 Nov. 5, 1999

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)

PACER
40 Nov. 16, 1999

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)

PACER
41 Nov. 19, 1999

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

PACER
Nov. 30, 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)

PACER
43 Dec. 8, 1999

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

PACER
44 Dec. 16, 1999

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)

PACER
45 Dec. 16, 1999

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

PACER
Dec. 16, 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)

PACER
46 Dec. 21, 1999

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

PACER
47 Feb. 9, 2000

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

PACER
Feb. 10, 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)

PACER
48 Feb. 22, 2000

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

PACER
49 Feb. 22, 2000

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

PACER
50 March 20, 2000

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

PACER
51 March 21, 2000

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

Clearinghouse
52 March 22, 2000

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

PACER
March 22, 2000

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

PACER
April 5, 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)

PACER
53 April 13, 2000

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)

PACER
55 June 19, 2000

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

PACER
56 June 23, 2000

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

PACER
June 29, 2000

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

PACER
57 July 7, 2000

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)

PACER
58 Dec. 10, 2001

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)

PACER
Dec. 10, 2001

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

PACER
59 Jan. 7, 2002

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

PACER
60 Jan. 7, 2002

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

PACER
61 Jan. 15, 2002

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)

PACER
62 Jan. 17, 2002

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

PACER
63 Jan. 29, 2002

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

PACER
64 Jan. 29, 2002

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

PACER
Feb. 6, 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)

PACER
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)

PACER
65 Feb. 15, 2002

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

PACER
66 Feb. 15, 2002

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

PACER
67 Feb. 15, 2002

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

PACER
Feb. 25, 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)

PACER
68 March 1, 2002

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

PACER
March 6, 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)

PACER
March 11, 2002

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

PACER
69 March 15, 2002

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

PACER
March 20, 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)

PACER
April 3, 2002

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

PACER
71 April 26, 2002

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

PACER
70 April 29, 2002

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

PACER
April 29, 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)

PACER
72 June 28, 2002

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

PACER
73 July 11, 2002

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

PACER
74 July 30, 2002

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

PACER
July 30, 2002

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

PACER
July 30, 2002

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

PACER

Case Details

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

Private Entity/Person

Colin Service Systems

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.

Other Dockets:

District of Connecticut 3:99-cv-00109

U.S. Court of Appeals for the Second Circuit 00-07571

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

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

Recommended Citation