United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC v. ArcleorMittal USA et al
| United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC |
| AM/NS and ArcleorMittal USA |
| 1:2020cv00387 |
| August 5, 2020 |
| US District Court for the Southern District of Alabama |
| Kristi K DuBose |
| Katherine P Nelson |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 Evidentiary Material Supplemental Exhibit to Reply Brief filed by AM/NS re: #52 Reply Brief. (Coleman, John) |
| REFERRAL OF #54 Evidentiary Material to Judge Nelson. (srd) |
| Filing 53 RESPONSE in Support re #40 MOTION to Dismiss Or In The Alternative Stay Proceedings filed by ArcleorMittal USA. (Manjarrez, Norma) |
| Filing 52 REPLY Brief filed by Defendant AM/NS re: #51 Response, filed by AM/NS. (Coleman, John) |
| REFERRAL OF #52 Reply Brief and #53 Response in Support of Motion to Judge Nelson. (srd) |
| REFERRAL OF #51 Response to Judge Nelson. (srd) |
| Filing 51 RESPONSE to #38 MOTION to Dismiss or Stay, #40 MOTION to Dismiss filed by United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. (Rouco, Richard) |
Filing 50
ENDORSED ORDER granting #49 Plaintiff's Unopposed Motion for Extension of Time to File Response to Motion to Dismiss. Response due by 9/14/2020. Replies due by 9/21/20. Signed by Magistrate Judge Katherine P. Nelson on 9/8/2020. (Nelson, Katherine) Modified on 9/8/2020 (srr).
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| Filing 49 Unopposed MOTION for Extension of Time to File Motion for Enlargement of Time to Respond to Motions to Dismiss filed by United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. (Rouco, Richard) |
| MOTIONS REFERRED: #49 Unopposed MOTION for Extension of Time to File Motion for Enlargement of Time to Respond to Motions to Dismiss Referred to Judge Katherine P. Nelson. (srd) |
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Filing 48
TEXT-ONLY ORDER on #47 Disclosure Statement filed by United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 8/31/2020. (ctn)
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| Filing 47 Corporate Disclosure Statement filed by Plaintiff United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. (Rouco, Richard) |
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Filing 46
TEXT-ONLY ORDER granting #45 MOTION for Extension of Time of all Rule 26 Deadlines (Unopposed). The Preliminary Scheduling Order #36 is VACATED, and the parties' Fed. R. Civ. P. 26(f) conferencing requirement is hereby STAYED pending disposition of the Defendants' motions to dismiss #38 #40 . The stay of the Rule 26(f) requirement effectively stays the obligation to make initial disclosures. See Fed. R. Civ. P. 26(a)(1)(C) (generally, "[a] party must make the initial disclosures at or within 14 days after the parties Rule 26(f) conference unless a different time is set by stipulation or court order..."). Upon entry of the Court's order completely disposing of the motions to dismiss, said stay shall terminate automatically, and a new Preliminary Scheduling Order will be entered in due course if appropriate. Signed by Magistrate Judge Katherine P. Nelson on 8/26/2020. (ctn)
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| MOTIONS REFERRED: #45 MOTION for Extension of Time of all Rule 26 Deadlines (Unopposed) Referred to Judge Katherine P. Nelson. (srd) |
| Filing 45 MOTION for Extension of Time of all Rule 26 Deadlines (Unopposed) filed by AM/NS. (Coleman, John) |
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Filing 44
TEXT-ONLY ORDER: The Plaintiff is ORDERED to file a disclosure statement in accordance with S.D. Ala. CivLR 7.1 (required of "[a]ll non-governmental artificial entities appearing as parties") no later than Fri. 8/28/2020 (form available at: https://www.alsd.uscourts.gov/forms/all-forms). The statement need not identify Plaintiff's members. See S.D. Ala. CivLR 7.1(b) ("Members of a trade association or professional association need not be identified."). Signed by Magistrate Judge Katherine P. Nelson on 8/21/2020. (ctn)
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Filing 43
TEXT-ONLY ORDER on #15 , #11 Disclosure Statements filed by ArcleorMittal USA and AM/NS. The statements substantively comply with S.D. Ala. CivLR 7.1, and a review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 8/21/2020. (ctn)
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Filing 42
Order re: #38 MOTION to Dismiss& #40 MOTION to Dismiss. Responses due by 9/7/2020, Replies due by 9/14/2020. Signed by Magistrate Judge Katherine P. Nelson on 8/21/2020. (tgw)
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| REFERRAL OF #40 MOTION to Dismiss and #41 Memorandum in Support, to Judge Nelson. (srd) |
| Filing 41 Memorandum in Support re #40 MOTION to Dismiss filed by ArcleorMittal USA. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (Manjarrez, Norma) |
| Filing 40 MOTION to Dismiss filed by ArcleorMittal USA. (Manjarrez, Norma) |
| Filing 39 Brief filed by AM/NS re #38 MOTION to Dismiss or Stay filed by AM/NS. (Coleman, John) |
| Filing 38 MOTION to Dismiss or Stay filed by AM/NS. (Coleman, John) |
| MOTIONS REFERRED: #38 MOTION to Dismiss or Stay & #39 Brief in Support to Judge Katherine P. Nelson. (tgw) |
| Filing 37 NOTICE of Appearance by Richard P. Rouco on behalf of United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC (Rouco, Richard) |
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Filing 36
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 9/11/2020. Signed by Magistrate Judge Katherine P. Nelson on 08/12/2020. (Attachments: #1 Consent Form) (srd) Copies to parties. VACATED and STAYED.
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Filing 35
ENDORSED ORDER granting #33 #34 MOTIONS for Richard L. Samson and Norma Manjarrez to Appear Pro Hac Vice for ArcleorMittal USA. Signed by Magistrate Judge Katherine P. Nelson on 8/12/2020. (ctn)
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| Filing 34 MOTION and APPLICATION for Norma Manjarrez to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2658989, Online Credit Card Payment) filed by ArcleorMittal USA. (Manjarrez, Norma) |
| Filing 33 MOTION and APPLICATION for Richard L. Samson to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2658974, Online Credit Card Payment) filed by ArcleorMittal USA. (Samson, Richard) |
| MOTIONS REFERRED: #33 MOTION and APPLICATION for Richard L. Samson to Appear Pro Hac Vice & #34 MOTION and APPLICATION for Norma Manjarrez to Appear Pro Hac Vice to Judge Katherine P. Nelson. (tgw) |
| Filing 32 Case transferred in from District of Indiana Northern; Case Number 2:19-cv-00360. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER: The Court ACCEPTS the Findings, Report and Recommendation of United States Magistrate Judge Pursuant to 28 U.S.C. 636(b)(1)(B) & (C) #27 . As a result, Defendant AM/NS' Motion to Dismiss, Stay, or Transfer Venue #9 is DENIED in part as moot on the motion to dismiss for lack of personal jurisdiction and is DENIED in part without prejudice as to the motion to dismiss based on the NLRB's jurisdiction. Because Magistrate Judge Martin has already granted in part Defendant AM/NS' Motion to Dismiss, Stay, or Transfer Venue #9 and Defendant ArcelorMittal USA's Motion to Stay Proceedings or in the Alternative Transfer Venue #13 , all matters raised with the motions are resolved and the Court DIRECTS the Clerk of Court to terminate both motions on the Court's electronic docket. The Court further DIRECTS the Clerk of Court to transfer this case to the United States District Court for the Southern District of Alabama for further proceedings. Signed by Judge Theresa L Springmann on 8/5/2020. (bas) [Transferred from Indiana Northern on 8/5/2020.]
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| Filing 30 RESPONSE to Motion re #27 Report and Recommendations,,,,, Terminate Motions,,,, filed by AM/NS. (Coleman PHV, John) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 29 REPLY to Response to Motion re #27 Report and Recommendations,,,,, Terminate Motions,,,, Plaintiff's Objection to Order filed by ArcleorMittal USA. (Samson, Richard) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 28 OBJECTION to #27 Report and Recommendations by United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. (Yokich, Stephen) [Transferred from Indiana Northern on 8/5/2020.] |
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Filing 27
OPINION AND ORDER AND FINDINGS, REPORT, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. 636(b)(1)(B) & (C) re #9 MOTION to Dismiss or Stay or Transfer Venue filed by AM/NS. DENIES as moot #22 MOTION to Strike 18 Response to Motion, Plaintiff's Untimely Response Brief by Defendant ArcleorMittal USA and Defendants' requests to stay the case. The Court GRANTS in part Defendant ArcelorMittal USA LLC's Motion to Stay Proceedings or in the Alternative Transfer Venue #13 and AM/NS Calvert LLC's Motion to Dismiss, Stay, or Transfer Venue #9 insofar as they request transfer of this case. The Court RECOMMENDS that the District Court DENIES in part AM/NS Calvert LLC's Motion to Dismiss, Stay, or Transfer Venue #9 as to the motion to dismiss, and DIRECT the Clerk of Court to transfer this case to the Southern District of Alabama for all further proceedings. Objections to R&R due within 14 days. Signed by Magistrate Judge John E Martin on 5/13/2020. (lhc) [Transferred from Indiana Northern on 8/5/2020.]
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Filing 26
ORDER: The Court REFERS the Defendants' Motions ECF Nos. #9 , #13 and #22 to the Honorable John E. Martin, United States Magistrate Judge, for a Report and Recommendation. This referral is for any dispositive matters that may arise in the instant Motions ECF Nos. #9 , #13 and #22 . Judge Martin remains free to rule on any non-dispositive matter. Signed by Chief Judge Theresa L Springmann on 4/30/20. (nal) [Transferred from Indiana Northern on 8/5/2020.]
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| Filing 25 NOTICE by AM/NS re #9 MOTION to Dismiss or Stay or Transfer Venue Notice of Supplemental Agency Action Relevant to AM/NS Calvert LLC's Motion to Dismiss, Stay, or Transfer Venue (Attachments: #1 Exhibit A-Notice of Representation Hearing (Revised))(Coleman PHV, John) [Transferred from Indiana Northern on 8/5/2020.] |
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Filing 24
ORDER granting #23 Application to Appear Pro Hac Vice of Attorney Anthony P Resnick PHV for United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. Signed by Magistrate Judge John E Martin on 1/29/2020. (ace) [Transferred from Indiana Northern on 8/5/2020.]
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| Filing 23 Application for Attorney Anthony Paul Resnick to Appear Pro Hac Vice on behalf of USW. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4128807(Pro Hac Vice Temporary login, ) (Main Document 23 replaced on 1/29/2020) (ace). Replaced to include CA certificate and corrected name information on application. Modified on 1/29/2020 (ace). [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 22 MOTION to Strike #18 Response to Motion, Plaintiff's Untimely Response Brief by Defendant ArcleorMittal USA. (Manjarrez, Norma) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 21 REPLY to Response to Motion re #9 MOTION to Dismiss or Stay or Transfer Venue filed by AM/NS. (Coleman PHV, John) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 20 NOTICE of Appearance by Norma Manjarrez on behalf of ArcleorMittal USA (Manjarrez, Norma) [Transferred from Indiana Northern on 8/5/2020.] |
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Filing 19
ORDER re #7 VACATING the R16b Preliminary Pretrial Conference on 1/22/2020 and related deadline to file a proposed discovery to be reset after ruling on pending motions where appropriate. Text entry order. By Magistrate Judge John E Martin on 1/8/2020. (smb) [Transferred from Indiana Northern on 8/5/2020.]
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| Filing 18 RESPONSE to Motion re #9 MOTION to Dismiss or Stay or Transfer Venue, #13 MOTION to Stay or in the alternative MOTION to Transfer Case filed by United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. (Yokich, Stephen) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 17 NOTICE of Appearance by Richard L Samson on behalf of ArcleorMittal USA (Samson, Richard) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 16 NOTICE of Appearance by Richard L Samson on behalf of ArcleorMittal USA (Samson, Richard) ***FILING ERROR - ATTORNEY REFILED AT #17 *** Modified on 12/18/2019 (ace). [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 15 Corporate Disclosure Statement by ArcleorMittal USA identifying Corporate Parent ArcelorMittal USA Holdings II LLC for ArcleorMittal USA.. (Furlong, Michael) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 14 MEMORANDUM in Support of #13 MOTION to Stay or in the alternative MOTION to Transfer Case filed by ArcleorMittal USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Furlong, Michael) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 13 MOTION to Stay or in the alternative, MOTION to Transfer Case by Defendant ArcleorMittal USA. (Furlong, Michael) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 12 NOTICE of Appearance by Michael V Furlong on behalf of ArcleorMittal USA (Furlong, Michael) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 11 Corporate Disclosure Statement by AM/NS. (Coleman PHV, John) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 10 BRIEF in Support of #9 MOTION to Dismiss or Stay or Transfer Venue filed by AM/NS. (Coleman PHV, John) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 9 MOTION to Dismiss or Stay or Transfer Venue by Defendant AM/NS. (Coleman PHV, John) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 8 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb) [Transferred from Indiana Northern on 8/5/2020.] |
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Filing 7
ORDER & NOTICE OF HEARING: Rule 16 Preliminary Pretrial Conference set for 1/22/2020 09:30 AM Central in US District Court - Hammond before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 1/16/2020. Signed by Magistrate Judge John E Martin on 12/11/2019. (smb) [Transferred from Indiana Northern on 8/5/2020.]
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Filing 6
ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 12/11/2019. (smb) [Transferred from Indiana Northern on 8/5/2020.]
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Filing 5
ORDER granting #4 Application to Appear Pro Hac Vice of Attorney John J Coleman PHV, III for AM/NS and ArcleorMittal USA. Signed by Magistrate Judge John E Martin on 11/19/2019. (ace) [Transferred from Indiana Northern on 8/5/2020.]
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| Filing 4 Application for Attorney John J. Coleman, III to Appear Pro Hac Vice on behalf of ArcelorMittal USA and AM/NS Calvert. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4067156(Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 3 Summons Issued as to AM/NS, ArcleorMittal USA. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (ksp) [Transferred from Indiana Northern on 8/5/2020.] |
| Chief Judge Theresa L Springmann and Magistrate Judge John E Martin added. (NEW CASE) (ksp) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 2 NOTICE of Appearance by Stephen A Yokich on behalf of United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC (Yokich, Stephen) [Transferred from Indiana Northern on 8/5/2020.] |
| Filing 1 COMPLAINT against AM/NS, ArcleorMittal USA( Filing fee $ 400 receipt number 0755-4015969.), filed by United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC. (Attachments: #1 Exhibit 1-2, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons)(Yokich, Stephen) [Transferred from Indiana Northern on 8/5/2020.] |
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| Search for this case: United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC v. ArcleorMittal USA et al | |
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| Defendant: AM/NS | |
| Represented By: | John J. Coleman, III |
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| Defendant: ArcleorMittal USA | |
| Represented By: | John J. Coleman, III |
| Represented By: | Michael V Furlong |
| Represented By: | Richard L Samson |
| Represented By: | Norma Manjarrez |
| Represented By: | Richard L. Samson |
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| Plaintiff: United Steel Paper & Forestry Rubber Manufacturing Energy Allied Industrial & Service Workers International Union AFL-CIO/CLC | |
| Represented By: | Stephen A Yokich |
| Represented By: | Anthony P. Resnick |
| Represented By: | Richard P. Rouco |
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