Borozny et al. v. RTX Corporation, Pratt & Whitney Division, et al
Case Summary
On December 14, 2021, David Granata, James Rowe, Stephen Dowe, Mary Herblet, John Lee, Sam Giaquinto, Michael Kwok, M. Torey Mercurio, Jeffrey Howe, and John Sockwell (collectively, “Plaintiffs”), on behalf of himself and all others similarly situated, represented by David A. Slossberg, Erica O. Nolan, and Jeffrey P. Nichols of Hurwitz Sagarin Slossberg & Knuff, LLC and Gregory S. Asciolla, Matthew Perez, and Robin A. van der Meulen of DiCello Levitt LLC, filed a civil action against Pratt & Whitney, a Division of Raytheon Technologies Corporation (“P&W”); QuEST Global Services-NA, Inc.; Belcan Engineering Group, LLC; Belcan Engineering Group Limited Partnership; Cyient Inc.; Parametric Solutions, Inc.; Agilis Engineering, Inc.; Mahesh Patel; Robert Harvey; Harpreet Wasan, and others (collectively, “Defendants”), seeking declaratory relief for alleged unlawful acts of the defendants. This case was filed in the U.S. District Court for the Northern District of New York, with Judge Sarala V. Nagala presiding.
In the complaint, the plaintiffs alleged that “Plaintiff’s claims stem from unlawful agreements among Defendants—aerospace engineering firms—to restrain competition in the labor markets in which they compete for employees—principally engineers and other skilled employees in the aerospace industry. Defendants are major competitors for engineering services. They compete with each other to attract, hire, and retain skilled employees, including engineers and other skilled employees.”
Plaintiffs further alleged, “Beginning, however, at least as early as 2011 and continuing through at least 2019, senior executives and managers at Defendants entered into a conspiracy not to solicit, recruit, hire without prior approval, or otherwise compete for employees, including engineers and other skilled employees (the ‘no-poach agreement’). Defendants agreed to restrict competition for their employees’ services with the purpose and effect of fixing, suppressing, and stabilizing wages, salaries, and benefits and restraining competition in the market for their employees’ services.”
Plaintiffs also alleged, “Defendants successfully concealed the conspiracy’s existence for years. It was only recently that the conspiracy was first revealed publicly, when on December 9, 2021, the U.S. Department of Justice (‘DOJ’) unsealed a criminal complaint against a former manager at P&W, Mahesh Patel, for ‘participating in a long-running conspiracy with managers and executives of several outsource engineering suppliers [] to restrict the hiring and recruiting of engineers and other skilled laborers among their respective companies.’”
The plaintiffs then alleged, “According to the criminal complaint, the conspiracy operated for nearly a decade—beginning at least as early as 2011 and continuing through at least as late as 2019. The DOJ Antitrust Division stated in a press release that ‘thousands of workers have been victimized over a long period of time.’ Defendant Patel is alleged to have ‘served as the leader and primary enforcer of the agreement.’”
Additionally, the plaintiffs alleged, “Nonetheless, DOJ’s criminal investigation and forthcoming prosecutions will not compensate employees of Defendants who were harmed by Defendants’ anticompetitive conduct. Without this class action, Plaintiff and the Class will be unable to obtain compensation for the harm they suffered, and Defendants will retain the benefits of their unlawful conspiracy.”
Plaintiffs stated one claim for relief for alleged violation of 15 U.S.C. § 1.
In its prayer for relief, the plaintiffs requested a judgment for declaratory relief. The plaintiffs also requested an award for damages, costs, and attorney’s fees incurred by the plaintiff.
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Case Details
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Case Number:
3:21-CV-01657
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Filing Date:
12/14/2021
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Case Status:
Pending - Other Pending
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Case Type:
Other - Antitrust
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Court:
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Courthouse:
Judge Details
Presiding Judge
Sarala V. Nagala
Referral Judge
Robert M. Spector
Party Details
Consolidated Plaintiff
Scott Prentiss
Defendants
Belcan Engineering Group, LLC
Cyient Inc.
Parametric Solutions, Inc.
Agilis Engineering, Inc.
Attorney/Law Firm Details
Consolidated Plaintiff Attorneys
Candice J. Enders
David A. Slossberg
Gregory S. Asciolla
Michaela Wallin
Matthew Perez
Daniel J Walker
David S. Golub
Patrick Madden
Jonathan M. Levine
Veronica Bosco
Robin A. van der Meulen
Other Attorneys
Benjamin Siegel
Brent W. Johnson
Court Documents
RESTRICTED
Exhibit 23
Exhibit 18
Exhibit 16
Exhibit 15
Exhibit 11
Exhibit 5
RESTRICTED
(#812) Sealed Document: Exhibit 36 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #757 Affidavit,,, #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Nolan, Erica) (Entered: 11/14/2023)
Main Document
(#7) NOTICE of Appearance by Jeffrey P. Nichols on behalf of David Granata (Nichols, Jeffrey) (Entered: 12/16/2021)
(#6) ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Agilis Engineering, Inc., Belcan Engineering Group Ltd. Partnership, Belcan Engineering Group, LLC, Cyient Inc., John Does, Thomas Edwards, Robert Harvey, Frank O'Neill, Parametric Solutions, Inc., Mahesh Patel, Pratt & Whitney, Gary Prus, Quest Global Services NA, Inc., Harpreet Wasan* with answer to complaint due within *21* days. Attorney *David A. Slossberg* *Hurwitz Sagarin Slossberg & Knuff LLC* *147 North Broad St.* *Milford, CT 06460-0112*. (Imbriani, Susan) (Entered: 12/15/2021)
(#5) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by David Granata, #4 Standing Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
(#5) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by David Granata, #4 Standing Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
(#5) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by David Granata, #4 Standing Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
(#5) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by David Granata, #4 Standing Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
Civil Cover Sheet
Main Document
Docket Entries
Docket(#820) ORDER. Plaintiffs shall provide one courtesy hard copy of its class certification filings to chambers of the undersigned by November 21, 2023. The courtesy copy should include copies of any docket entries provisionally filed under seal. Signed by Judge Sarala V. Nagala on 11/14/2023. (Parfenoff, Ivan) (Entered: 11/14/2023)
[-] Read LessDocketSet deadline: joint status report due by 11-15-2023 per Dkt. 753 Order. (Shafer, J.) (Entered: 11/14/2023)
[-] Read LessDocket(#819) Sealed Document: Exhibit 48 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Shaw, John) (Entered: 11/14/2023)
[-] Read LessDocket(#818) Sealed Document: Exhibit 39 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #757 Affidavit,,, #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Nolan, Erica) (Entered: 11/14/2023)
[-] Read LessDocket(#817) Sealed Document: Exhibit 47 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Shaw, John) (Entered: 11/14/2023)
[-] Read LessDocket(#816) Sealed Document: Exhibit 38 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #757 Affidavit,,, #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Nolan, Erica) (Entered: 11/14/2023)
[-] Read LessDocket(#815) Sealed Document: Exhibit 37 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #757 Affidavit,,, #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Nolan, Erica) (Entered: 11/14/2023)
[-] Read LessDocket(#814) Sealed Document: Exhibit 46 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Shaw, John) (Entered: 11/14/2023)
[-] Read LessDocket(#813) Sealed Document: Exhibit 45 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Shaw, John) (Entered: 11/14/2023)
[-] Read LessDocket(#812) Sealed Document: Exhibit 36 to Plaintiffs' Motion for Class Certification by Tarah Kye Borozny, Anthony DeGennaro, Ryan Glogowski, Ellen McIsaac, Scott Prentiss, Alex Scales, Austin Waid-Jones, Nicholas Wilson, Steven Zappulla re #757 Affidavit,,, #755 MOTION to Certify Class and for Appointment of Class Counsel, #756 SEALED MOTION Motion for Class Certification and for Appointment of Class Counsel . (Nolan, Erica) (Entered: 11/14/2023)
[-] Read LessDocket(#8) MOTION for Attorney(s) Gregory S. Asciolla to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6761526) by David Granata. (Attachments: #1 Exhibit A - Declaration)(Slossberg, David) (Entered: 12/16/2021)
[-] Read LessDocket(#7) NOTICE of Appearance by Jeffrey P. Nichols on behalf of David Granata (Nichols, Jeffrey) (Entered: 12/16/2021)
[-] Read LessDocket(#6) ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Agilis Engineering, Inc., Belcan Engineering Group Ltd. Partnership, Belcan Engineering Group, LLC, Cyient Inc., John Does, Thomas Edwards, Robert Harvey, Frank O'Neill, Parametric Solutions, Inc., Mahesh Patel, Pratt & Whitney, Gary Prus, Quest Global Services NA, Inc., Harpreet Wasan* with answer to complaint due within *21* days. Attorney *David A. Slossberg* *Hurwitz Sagarin Slossberg & Knuff LLC* *147 North Broad St.* *Milford, CT 06460-0112*. (Imbriani, Susan) (Entered: 12/15/2021)
[-] Read LessDocket(#5) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by David Granata, #4 Standing Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
[-] Read LessDocket(#4) STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
[-] Read LessDocket(#3) ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 12/14/2021.(Imbriani, Susan) (Entered: 12/15/2021)
[-] Read LessDocket(#2) VACATED - Order on Pretrial Deadlines: Amended Pleadings due by 2/12/2022, Discovery due by 6/15/2022, Dispositive Motions due by 7/20/2022. Signed by Clerk on 12/14/2021.(Imbriani, Susan) Modified on 1/6/2022 to mark as vacated per 28 order. (Bozek, M.). (Entered: 12/15/2021)
[-] Read LessDocketJudge Sarala V. Nagala added. (Anastasio, F.) (Entered: 12/15/2021)
[-] Read LessDocketRequest for Clerk to issue summons as to All Defendants. (Slossberg, David) (Entered: 12/14/2021)
[-] Read LessDocket(#1) COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6758401.), filed by David Granata. (Attachments: #1 Civil Cover Sheet)(Slossberg, David) (Entered: 12/14/2021)
[-] Read Less
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