University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Commercial Cleaning Services, L.L.C. v. Collin Services Systems, Inc IM-CT-0002
Docket / Court 99-CV-109 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
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 ... read more >
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.

Brian Ponton - 08/22/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Immigration
Employer sanctions
Employment
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Colin Service Systems
Plaintiff Description Competitors of Colin Service Systems Inc. in the cleaning and janitorial business, damaged by Colin's scheme to hire illegal alien workers.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
(U.S. Court of Appeals) 05/09/2000
IM-CT-0002-9000.pdf | Detail
99-CV-00109 (D. Conn.) 07/30/2002
IM-CT-0002-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 03/21/2000 (2000 WL 545126) (D. Conn.)
IM-CT-0002-0006.pdf | WESTLAW | Detail
[Second Circuit] Opinion [Vacating the District Court Judgment and Remanding for Further Proceedings] 11/15/2001 (271 F.3d 374)
IM-CT-0002-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Judges Droney, Christopher Fitzgerald (Second Circuit, D. Conn.)
IM-CT-0002-0006 | IM-CT-0002-9001
Garfinkel, William I. (D. Conn.) [Magistrate]
IM-CT-0002-9001
Kearse, Amalya Lyle (Second Circuit)
IM-CT-0002-0005
Leval, Pierre Nelson (Second Circuit, S.D.N.Y.)
IM-CT-0002-0005
Sotomayor, Sonia (SCOTUS, Second Circuit, S.D.N.Y.)
IM-CT-0002-0005
Monitors/Masters None on record
Plaintiff's Lawyers Foster, Howard W. (Illinois)
IM-CT-0002-0006 | IM-CT-0002-9000 | IM-CT-0002-9001
Karnuth, Michael R. (Illinois)
IM-CT-0002-9001
Krislov, Clinton A. (Illinois)
IM-CT-0002-9000 | IM-CT-0002-9001
Mason, Margaret P. (Connecticut)
IM-CT-0002-9001
Mills, Timothy F. (Connecticut)
IM-CT-0002-0006 | IM-CT-0002-9001
Smigelski, Jacek I (Connecticut)
IM-CT-0002-0006 | IM-CT-0002-9000 | IM-CT-0002-9001
Trinko, Curtis V. (New York)
IM-CT-0002-9001
Defendant's Lawyers Borelli, Mario R. (Connecticut)
IM-CT-0002-0006 | IM-CT-0002-9001
Marcu, Aaron R. (New York)
IM-CT-0002-0006 | IM-CT-0002-9001
Phillips, C William (New York)
IM-CT-0002-0006 | IM-CT-0002-9000 | IM-CT-0002-9001
Sicilian, James (Connecticut)
IM-CT-0002-0006 | IM-CT-0002-9001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -