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Patrick v. Local 51, Am. Postal Workers Union, AFL-CIO

Default Vacated, Answer May Be Filed; Default Not Willful, Meritorious Defenses Shown

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OPINION & ORDER Plaintiff Rita Patrick (“Plaintiff”), a member of Local 51, American Postal Workers Union (“APWU”), AFL-CIO (“Local 51″ or the “Union”), brings this action against the Union and its President, Shonequa Johnson-Duggins (“Johnson-Duggins”) (together, “Defendants”) pursuant to the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. §§411-415, 529. Plaintiff alleges that Defendants removed her from an elected shop steward position in violation of the free speech, due process, and anti-retaliation provisions of the LMRDA. (Compl., ECF No. 1.) Plaintiff also brings a claim for breach of contract under state law. (Id.) Before the Court is Defendants’ motion to vacate certificates of default issued on January 21, 2020. (ECF No. 34.) Defendants also seek leave, nunc pro tunc, to file and serve their Answer dated January 21, 2020. (Id.) For the following reasons, Defendants’ motion is GRANTED. BACKGROUND The Court assumes familiarity with the factual background of this case, as delineated in the Court’s February 11, 2020 Opinion and Order denying Plaintiff’s application for a temporary restraining order and preliminary injunction (the “TRO Application”). (TRO Order, ECF No. 33.) In essence, Plaintiff alleges that, on or about November 13, 2019, she was improperly suspended by Defendant Johnson-Duggins from her elected position as shop steward for Local 51. (See Compl.

16, 32-35.) Plaintiff maintains that her suspension was a result of her raising concerns about alleged financial discrepancies and irregularities reflected in Local 51′s bank accounts. (See id.

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