BEACON SALES ACQUISITION, INC. v. BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND et al
Plaintiff: BEACON SALES ACQUISITION, INC. and ARZEE SUPPLY CORPORATION
Defendant: BOARD OF TRUSTEES of the TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND; the TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND; BOARD OF TRUSTEES of the TEAMSTERS INDUSTRIAL EMPLYOYEES WELFARE FUND; and the TE, TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND, BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND, BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND and TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND
Case Number: 2:2019cv19106
Filed: October 18, 2019
Court: US District Court for the District of New Jersey
Presiding Judge: James B Clark
Referring Judge: Kevin McNulty
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2019 Opinion or Order Filing 28 ORDER & DECLARATORY JUDGMENT; The court's Order (DE #22 ) is VACATED for the reasons stated at DE 24, to permit plaintiff to move for reconsideration, the motion for reconsideration (DE #23 ) is GRANTED to the extent that the Court shall file herewith an amended opinion altering references to the presumption of arbitrability in labor contracts, but is otherwise DENIED; A declaratory judgment is granted, resolving all claims, etc. The court's Opinion (DE #19 ) on the preliminary injunction application is superseded by the amended opinion filed herewith, but the associated Order (DE #20 ) remains in effect. This action is stayed pending the outcome of arbitration, the clerk shall administratively close the file. Signed by Judge Kevin McNulty on 12/3/2019. (ams, )
December 3, 2019 Filing 27 AMENDED OPINION. Signed by Judge Kevin McNulty on 12/3/2019. (ams, )
November 22, 2019 Filing 26 NOTICE of Change of Address by NEIL V. SHAH (SHAH, NEIL)
November 22, 2019 Filing 25 Letter from Paul A. Montalbano, Esq.. (MONTALBANO, PAUL)
November 19, 2019 Opinion or Order Filing 24 MESSAGE TO COUNSEL: This morning I entered an order converting the preliminary injunction order to a final declaratory judgment. I was unaware that plaintiff's counsel was almost simultaneously filing a letter stating that plaintiff did not consent to such relief. By the same letter, plaintiff moves for reconsideration of the Court's preliminary injunction order, and states that final entry of a declaratory judgment is premature pending resolution of that motion for reconsideration. I deem plaintiff's letter, though informal, to be a timely motion for reconsideration, both of the court's order denying a preliminary injunction and its decision to convert that order to a declaratory judgment. In light of the impending arbitration date, Defendants shall respond to the reconsideration motion within 7 days. No reply is authorized. So Ordered by Judge Kevin McNulty on 11/19/19. (nic, )
November 19, 2019 Filing 23 Letter from Neil V. Shah requesting reconsideration re #19 Opinion, #20 Order,,,. (SHAH, NEIL)
November 19, 2019 Opinion or Order Filing 22 ***VACATED*** ORDER re Opinion (DE #19 ) and Order (DE #20 ), that a declaratory judgment is granted, resolving all claims, with each party to bear their own costs and fees, etc. The clerk shall close the file. Signed by Judge Kevin McNulty on 11/19/2019. (ams, ) Modified on 12/3/2019 (ams, ).
November 15, 2019 Filing 21 Letter from Paul A. Montalbano, Esq.. (MONTALBANO, PAUL)
November 12, 2019 Opinion or Order Filing 20 ORDER that Beacon's motion for a preliminary injunction is DENIED IN PART AND GRANTED IN PART, Beacon's motion to preliminarily enjoin the arbitration of the Contributions claim is DENIED, Beacon's motion to preliminarily enjoin the arbitration of the Damages claim is DENIED, Beacon's request, in the alternative, that the Trustees' Damage claim be preliminarily enjoined from being heard before the "permanently designated arbitrator" selected by the Trustees is GRANTED, the Damages Claim shall be arbitrated separately from the Contributions Claim, before a separate arbitrator in accordance with the rules of the N.J. State Board of Mediation; Within 7 days, the parties shall submit letters, not to exceed 5 pages, in which they show cause why this decision denying a preliminary injunction should not be converted to a declaratory judgment on the merits. Signed by Judge Kevin McNulty on 11/12/2019. (ams, )
November 12, 2019 Filing 19 OPINION. Signed by Judge Kevin McNulty on 11/12/2019. (ams, )
November 8, 2019 Filing 18 Letter re #4 Order to Show Cause,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(SHAH, NEIL)
November 4, 2019 Opinion or Order Filing 17 STIPULATION AND CONSENT ORDER granting the admission Pro Hac Vice of Bradley R. Bobroff and Anthony S. Cacace. Signed by Magistrate Judge James B. Clark on 10/29/2019. (ams, )
November 1, 2019 Filing 16 Minute Entry for proceedings held before Judge Kevin McNulty: Show Cause Hearing held on 11/1/2019 why an order should not be issued preliminarily enjoining the Arbitration. Decision Reserved. (Court Reporter/Recorder Rhea C. Villanti.) (nic, )
October 31, 2019 Filing 15 Letter from Neil V. Shah seeking leave to file reply in further support of preliminary injunction motion. re #4 Order to Show Cause,. (SHAH, NEIL)
October 30, 2019 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by All Defendants. (Attachments: #1 Declaration Brian McCloskey)(MONTALBANO, PAUL)
October 30, 2019 CLERK'S QUALITY CONTROL MESSAGE - Please disregard Document No. #8 RESPONSE TO ORDER TO SHOW CAUSE by All Defendants. submitted by Paul Montalbono on 10/29/2019If this document was attached in error, PLEASE RESUBMIT THE CORRECT DOCUMENT. This submission will remain on the docket unless otherwise ordered by the court. (JB, )
October 29, 2019 Filing 13 WAIVER OF SERVICE Returned Executed by BEACON SALES ACQUISITION, INC.. TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND waiver sent on 10/18/2019, answer due 12/17/2019. (SHAH, NEIL)
October 29, 2019 Filing 12 WAIVER OF SERVICE Returned Executed by BEACON SALES ACQUISITION, INC.. BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND waiver sent on 10/18/2019, answer due 12/17/2019. (SHAH, NEIL)
October 29, 2019 Filing 11 WAIVER OF SERVICE Returned Executed by BEACON SALES ACQUISITION, INC.. BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND waiver sent on 10/18/2019, answer due 12/17/2019. (SHAH, NEIL)
October 29, 2019 Filing 10 WAIVER OF SERVICE Returned Executed by BEACON SALES ACQUISITION, INC.. TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND waiver sent on 10/18/2019, answer due 12/17/2019. (SHAH, NEIL)
October 29, 2019 Opinion or Order Filing 9 STIPULATION AND CONSENT ORDER permitting Bradley R. Bobroff and Anthony S. Cacace to appear Pro Hac Vice, etc. Signed by Magistrate Judge James B. Clark on 10/29/2019. (ams, )
October 29, 2019 Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by All Defendants. (Attachments: #1 Declaration)(MONTALBANO, PAUL)
October 28, 2019 Filing 7 Letter from Neil V. Shah. (Attachments: #1 Certification of Neil V. Shah, #2 Certification of Bradley R. Bobroff, #3 Certification of Anthony S. Cacace, #4 Text of Proposed Order Stipulation and Consent Order)(SHAH, NEIL)
October 21, 2019 Filing 6 SUMMONS ISSUED as to BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND, BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND, TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND, TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ams, )
October 21, 2019 Filing 5 CERTIFICATE OF SERVICE by BEACON SALES ACQUISITION, INC. (SHAH, NEIL)
October 18, 2019 Opinion or Order Filing 4 ORDER TO SHOW CAUSE: Defendants shall show cause why an order should not be issued preliminarily enjoining the Arbitration. Show Cause Hearing set for 11/1/2019 at 3:00 PM in Newark - Courtroom 4 before Judge Kevin McNulty, etc. Signed by Judge Kevin McNulty on 10/18/19. (nic, )
October 18, 2019 Filing 3 MOTION for Preliminary Injunction Proposed Order to Show Cause by BEACON SALES ACQUISITION, INC. D/B/A ARZEE SUPPLY CORPORATION,. (Attachments: #1 Brief Memorandum of Law in Support of Plaintiff's Application for an Order to Show Cause for Preliminary Injunction, #2 Declaration Declaration of Patrcia L. Truex, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Text of Proposed Order Order to Show Cause)(SHAH, NEIL)
October 18, 2019 Filing 2 Corporate Disclosure Statement by BEACON SALES ACQUISITION, INC. D/B/A ARZEE SUPPLY CORPORATION,. (SHAH, NEIL)
October 18, 2019 Filing 1 COMPLAINT against BOARD OF TRUSTEES of the TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND; the TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND; BOARD OF TRUSTEES of the TEAMSTERS INDUSTRIAL EMPLYOYEES WELFARE FUND; and the TE ( Filing and Admin fee $ 400 receipt number 0312-10044333), filed by BEACON SALES ACQUISITION, INC. D/B/A ARZEE SUPPLY CORPORATION,. (Attachments: #1 Civil Cover Sheet)(SHAH, NEIL)
October 18, 2019 Case assigned to Judge Kevin McNulty and Magistrate Judge James B. Clark. (jr)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New Jersey District Court's Electronic Court Filings (ECF) System

Search for this case: BEACON SALES ACQUISITION, INC. v. BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: BEACON SALES ACQUISITION, INC.
Represented By: NEIL V. SHAH
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ARZEE SUPPLY CORPORATION
Represented By: NEIL V. SHAH
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BOARD OF TRUSTEES of the TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND; the TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND; BOARD OF TRUSTEES of the TEAMSTERS INDUSTRIAL EMPLYOYEES WELFARE FUND; and the TE
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND
Represented By: PAUL ALLEN MONTALBANO
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND
Represented By: PAUL ALLEN MONTALBANO
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND
Represented By: PAUL ALLEN MONTALBANO
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND
Represented By: PAUL ALLEN MONTALBANO
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?