Delek Refining, Ltd. v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202
| Delek Refining, Ltd. |
| United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202 |
| 6:2015cv00491 |
| May 22, 2015 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Harris |
| K Nicole Mitchell |
| Robert W Schroeder |
| Labor: Labor/Mgt. Relations |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on June 25, 2018. A more recent docket listing may be available from PACER.
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| Filing 23 USCA JUDGMENT affirming the judgment of the District Court as to #22 Notice of Appeal filed by Delek Refining, Ltd. (Attachments: #1 USCA Opinion, #2 USCA Bill of Costs, #3 USCA Transmittal Letter)(rlf) |
| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (dlc, ) |
| USCA 5th Circuit Notice - Original record on appeal is accepted (dlc, ) |
| NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (dlc, ) |
| NOTICE of Docketing Notice of Appeal from USCA re #22 Notice of Appeal filed by Delek Refining, Ltd. USCA Case Number 17-40593. (bjc, ) |
| Filing 22 NOTICE OF APPEAL by Delek Refining, Ltd.. Filing fee $ 505, receipt number 0540-6318083. (Bush, H.) |
Filing 21
FINAL JUDGMENT. A decision having been duly rendered as to all issues in this case, IT IS HEREBY ORDERED that the complaint is DISMISSED WITH PREJUDICE. Signed by Judge Robert W. Schroeder, III on 5/3/2017. (rlf)
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Filing 20
ORDER FOR ATTORNEYS' FEES. It is hereby ORDERED that Plaintiff pay Defendants $23,842.50 as reimbursement for attorneys' fees. Signed by Magistrate Judge K. Nicole Mitchell on 5/2/2017. (rlf)
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| Filing 19 MOTION for Attorney Fees by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202. (Attachments: #1 Affidavit Exh. A-Flynn, #2 Exhibit Exh 1 to Affidavit, #3 Exhibit Exh 2 to Affidavit, #4 Affidavit Exh B-Santire, #5 Affidavit Exh C-Nelson, #6 Text of Proposed Order Order)(Flynn, Patrick) |
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Filing 18
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court ADOPTS the Report and Recommendation of the Magistrate Judge #14 as the Order of this Court. Delek's Motion for Summary Judgment #9 is DENIED. The Union's Motion for Summary Judgment and request for attorneys' fees #8 is GRANTED. All objections are OVERRULED. The Union may submit evidence supporting its request for attorneys' fees within 14 days from the date of issuance of this Order. Signed by Judge Robert W. Schroeder, III on 03/27/17. (mll, )
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| Filing 17 RESPONSE to #16 Objection to Report and Recommendations, #14 Report and Recommendations, by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202. (Flynn, Patrick) |
| Filing 16 OBJECTION to #14 Report and Recommendations by Delek Refining, Ltd.. (Bush, H.) |
| Filing 15 ***FILED IN ERROR. PLEASE DISREGARD. DOCUMENT NOT ABLE TO BE VIEWED.***OBJECTION to #14 Report and Recommendations by Delek Refining, Ltd.. (Bush, H.) Modified on 2/21/2017 (rlf). |
| NOTICE of Deficiency regarding #15 Objections to the Report and Recommendations. The document not in format to be open or viewed. Correction should be made by within one business day. (rlf) |
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Filing 14
REPORT AND RECOMMENDATIONS recommending that #9 MOTION for Summary Judgment filed by Delek be DENIED; that #8 the Union's MOTION for Summary Judgment and request for attorneys' fees be GRANTED; that Delek be ordered to comply with the Arbitrators Award in accordance with his principal opinion dated February 23, 2015, and subsequent clarifications provided on April 6, 2015, and April 15, 2015. Signed by Magistrate Judge K. Nicole Mitchell on 2/7/2017. (rlf)
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Filing 13
ORDER REASSIGNING CASE. Case reassigned to Judge Robert W. Schroeder, III for all further proceedings. Judge Michael H. Schneider no longer assigned to case. Signed by Judge Michael H. Schneider on 9/7/16. (mjc, )
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| Filing 12 REPLY to Response to Motion re #9 MOTION for Summary Judgment Reply to Response of Defendant, United Steel Workers, et al., filed by Delek Refining, Ltd.. (Bush, H.) |
| Filing 11 RESPONSE in Opposition re #8 MOTION for Summary Judgment filed by Delek Refining, Ltd.. (Bush, H.) |
| Filing 10 REPLY to Response to Motion re #9 MOTION for Summary Judgment , #8 MOTION for Summary Judgment filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202. (Attachments: #1 Affidavit of John Anthony, #2 Previous Brief mention in this Reply)(Flynn, Patrick) |
| Filing 9 MOTION for Summary Judgment by Delek Refining, Ltd.. Responses due by 3/10/2016 (Attachments: #1 Appendix Exhibits A-B, #2 Appendix Exhibits B1-B6, #3 Appendix Exhibits C-H, #4 Text of Proposed Order)(Bush, H.) (Additional attachment(s) added on 3/11/2016: #5 Revised Order (no lines)) (sm, ). |
| Filing 8 MOTION for Summary Judgment by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202. (Attachments: #1 Appendix, #2 Text of Proposed Order)(Flynn, Patrick) |
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Filing 7
ORDER granting #6 Motion to Continue. The following amended schedule of deadlines is in effect until further order of this Court: Deadline for filing dispositive motions is reset to 3-10-2016; Deadline for response to dispositive motions is reset for 4-11-2016. Signed by Magistrate Judge K. Nicole Mitchell on 02/03/16. (mll, )
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| Filing 6 Joint MOTION to Continue by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202. (Attachments: #1 Text of Proposed Order Order)(Flynn, Patrick) |
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Filing 5
SCHEDULING ORDER. Dispositive Motions due by 2/10/2016; Response to Dispositive Motions due 3-10-2016. Signed by Magistrate Judge K. Nicole Mitchell on 11/12/15. (mll, )
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| Filing 4 ANSWER to #3 Answer to Complaint,, Counterclaim, Counterclaim by Delek Refining, Ltd..(Bush, H.) |
| Filing 3 ANSWER to #1 Complaint, , COUNTERCLAIM against Delek Refining, Ltd. by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202.(Flynn, Patrick) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (sm, ) |
| Filing 2 WAIVER OF SERVICE Returned Executed by Delek Refining, Ltd.. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202 waiver sent on 9/17/2015; answer due 11/16/2015. (mll, ) |
| Judge Michael H. Schneider and Magistrate Judge K. Nicole Mitchell added. (mll, ) |
| Filing 1 COMPLAINT against United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202 ( Filing fee $ 400 receipt number 0540-5212661.), filed by Delek Refining, Ltd.. (Attachments: #1 Civil Cover Sheet)(Bush, H.) |
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| Defendant: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 202 | |
| Represented By: | Patrick Michael Flynn |
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| Plaintiff: Delek Refining, Ltd. | |
| Represented By: | H. Michael Bush |
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