Attachment 6 EDNY Hodge v Cuomo 21-cv-01421 Complaint

Case 1:21-cv-01421-NGG Case MDL No. 3011 Document 1 25-6 Filed 03/17/21 Filed 06/24/21 Page 112 Page of 112 154 of PageID 154 #: 368
converted and embezzled by the Owner Operator Defendants, their Owner Operator
Defendants, the Party-in-Interest Defendants, all the while and under color of law
allowed by the failure of the State Officer Defendants to monitor, audit and manage the
tens of millions of dollars paid by Medicaid/Medicare for the very costs of benefits
incorporated into the per occupied bed rate paid by the State DOH.
634. The Union Defendant is part of the problem having failed in its duty to protect the
interests of its members; the Union Defendant is part of the mess. The Union Defendant
is part of the default in protecting the interests of the employee Class Plaintiff.
635. The Union Defendant induced the wrong and maintained it.
636. Everyone involved in the Union Defendant organization collaborated to induce sealing
off access to the skill and knowledge to keep out members of the employee Class Plaintiff
from gaining the skill and knowledge so as to limit access to better paying jobs and
careers, keeping everyone else out; sealing it to a select group of Union members, keeping
out others, others being the broader employee Class Plaintiff and others who would
aspire to these occupations, restricting access to the occupations in concert with the
Owner Operator Defendants, restricting access to members of Union Defendant. The
goal of the Union Defendant to keep other non-union members from the skill and
knowledge of the occupations of CNA, LPN, RN, a part of the scheme to restrict access to
skills by the members of the Class Plaintiff.
Precedent and Jurisdiction to Enforce the Alternative Employment Practice
637. This action is grounded on the record in US SDNY Case 73-cv-04279, the case file
archived as potentially of national significance in St. Louis, Missouri, the case file
returned from St. Louis to the National Archives in New York City, returned upon the
request on behalf of Mr. Percy, and certified by the National Archives to the United States
District Court for the Southern District of New York, which record was then filed by ECF
as the Docket on Appeal to the United States Second Circuit Court of Appeals in appeal
17-2273. Intervention Pg. 92 Par 184.
638. That action is grounded upon the final and enforceable Memorandum/Order
(“Memorandum/Order”) of Judge Lasker reported at 384 F Supp 800 of November 8,
1974. Case 73-cv-04279 was settled on May 4, 1977 by agreement accepting Defendant
New York State’s offer of Executive Order 45. The problem is that Executive Order 45
failed and the Sub-Class was never notified. Intervention Pg. 92 Par 185.
639. Liability is for violation of 42 U.S.C. §§2000e-2, rights secured to the Percy Class as the
Complaining Party, liability of the Employer under the 5th and 14th Amendments to the
United States Constitution, 42 U.S.C. §§§§ 2000e-2, 1981, 1983, 1985. Intervention Pg.
93 Par 186
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