National Ass. of Government Employees, Inc. v. National Emergency Medical Services Ass., et al
||National Association of Government Employees, Inc.
||National Emergency Medical Services Association and Torren Colcord
||American Medical Response
||April 11, 2013
||Massachusetts District Court
||Judith G. Dein
||Joseph L. Tauro
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Other Contract
|Jury Demanded By:
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|Date Filed||#||Document Text|
|July 10, 2013
Magistrate Judge Judith G. Dein: ORDER entered. MEMORANDUM OF DECISION AND ORDER denying 2 Plaintiff's Motion for Trustee Process Attachment. (Dambrosio, Jolyne)
|August 23, 2013
Judge Joseph L. Tauro: ORDER ON REPORT AND RECOMMENDATIONS entered. This court ACCEPTS and ADOPTS the July 16, 2013, Report and Recommendation 47 of Magistrate Judge Dien. For the reasons set forth in the Report and Recommendation, this court here by orders that: Plaintiff National Association of Government Employees, Inc.s (NAGE) Motion to Strike Counterclaims 40 is ALLOWED. The court treats the verified counterclaim as an affidavit in support of Defendant's request for a preliminary injunction. Defendant Colcord's Motion for a Preliminary Injunction 27 is DENIED. Defendant National Emergency Medical Services Association, Inc.s (NEMSA) Motion for a Preliminary Injunction 27 is ALLOWED. Pending the outcome of any reques ts for preliminary relief submitted in arbitration proceedings betweenNAGE and NEMSA, it is hereby ordered that (1) NAGE shall be restrained andenjoined from participating in any election(s) in which it would be seeking toreplace NEMSA or otherwise c hallenge NEMSAs status as the representative forany existing employees or bargaining units; (2) NAGE shall withdraw all pendingpetitions to decertify NEMSA as the representative of any existing bargainingunits; and (3) NAGE shall be restrained and en joined from pursuing further efforts to decertify NEMSA as the representative of any existing bargaining units. The court clarifies that the facts that form the basis of the preliminary injunction are not in dispute. Accordingly, an evidentiary hear ing is not necessary. In pages nineteen through twenty of its objections, NAGE claims that four facts are in dispute. None of the facts described in these two pages forms the basis of this courts order. Even if this court were to accept NAGEs version of these facts as true, an injunction would still be appropriate in this case.1 NEMSA must now post a bond pursuant to § 107 of the Norris-LaGuardia Act, 28U.S.C. §§ 101-115. This court refers the determination of the proper bond to Magistrate Judge Dein. IT IS SO ORDERED.(Geraldino-Karasek, Clarilde)
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