Remington Lodging & Hospitality, LLC v. Ahern
| Remington Lodging & Hospitality, LLC |
| Richard Ahearn |
| Margarita Lucero |
| 3:2010cv00214 |
| September 23, 2010 |
| US District Court for the District of Alaska |
| Anchorage Office |
| Anchorage |
| Timothy M Burgess |
| Other Statutory Actions |
| 28 U.S.C. § 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Filing 58 TRANSCRIPT of Proceedings ; Hearing on Amended Verified Petition for Writ of Mandate held on 10/21/2010 before Judge Timothy M. Burgess. Court Recorder: SAL. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the transcriber, Nodak Rose Transcripts by calling 701-255-1054. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 3/27/2012. (SAL, COURT STAFF) |
| Filing 57 TRANSCRIPT REQUEST Amended by Remington Lodging & Hospitality, LLC. (Fischer, Peter) |
| Filing 56 TRANSCRIPT REQUEST by Remington Lodging & Hospitality, LLC. (Fischer, Peter) |
| Filing 55 JUDGMENT Peitioner's Writ of Mandate is DENIED, Respondent's Motion to Dismiss under Rule 12(b)(1) is GRANTED, Petition is DISMISSED. Signed by Judge Timothy M. Burgess on 11/2/10. (RMC, COURT STAFF) |
Filing 54
ORDER denying #27 Motion for Writ of Mandamus; grants Respondent's Motion to Dismiss under Rule 12(b)(1); petition is DISMISSED. Denied as moot #30 Motion for Leave; #45 Motion for Leave to Appear; #46 Motion to Intervene; #47 Motion for Leave to Appear; #18 Motion for Leave to File. Signed by Judge Timothy M. Burgess on 10/28/10. (RMC, COURT STAFF)
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| Filing 53 Minute Entry for proceedings held before Judge Timothy M. Burgess: Motion Hearing held on 10/21/2010. re #27 Amended MOTION for Writ of Mandamus filed by Remington Lodging & Hospitality, LLC; matters taken UNDER ADVISEMENT, written ruling to issue. (Court Recorder SAL.)Plaintiff Counsel-Arch Stokes, Peter Fischer, Karl Terrell and Adolf Zeman; Defense Counsel-Dawn L. Goldstein; (SAL, COURT STAFF) |
| Filing 52 Receipt #ANC002712 of $150.00 non-resident attorney payment for Matthew Muggeridge as to Intervenor Plaintiff Margarita Lucero. (BJK, COURT STAFF) |
| Filing 51 NOTICE to Non-Resident Attorney fee of $150.00 due within 14 days re #45 MOTION for Leave to Appear Pro Hac Vice Admission (RMC, COURT STAFF) |
| Filing 50 TMB TEXT ORDER GRANTING #43 Motion for Leave to Appear Telephonically by Dimitri Iglitzen of UNITE HERE Local 878. IT IS HEREBY ORDERED that Dimi Iglitzen may listen to the hearing on 10/21/10 at 9:00 a.m. by calling the Meet-Me-Bridge A at (907) 677-6246. (SRL, CHAMBERS STAFF) |
| Filing 49 NOTICE Translation of pages of exhibit 3 by Remington Lodging & Hospitality, LLC re #48 Notice of Filing of Certified Translations of Exhibit #3 (RMC, COURT STAFF) |
| Filing 48 NOTICE of filing of Certified Translations of Exhibit #3 by Remington Lodging & Hospitality, LLC (Attachments: #1 Certification of Parsa Rashidinia)(RMC, COURT STAFF) |
| Docket Annotation re #48 Notice of Filing of Certified Translations of Exhibit #3; parties are advised that even though the document lists Page 1 of 7, only three pages were received which are showing on the docket sheet. (RMC, COURT STAFF) |
| Filing 47 MOTION for Leave to Appear Telephonically by Margarita Lucero. (Attachments: #1 Proposed Order)(Muggeridge, Matthew) |
| Filing 46 MOTION to Intervene by Margarita Lucero. (Attachments: #1 Proposed Order)(Muggeridge, Matthew) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice Admission by Margarita Lucero.(Muggeridge, Matthew) |
| Filing 44 MEMORANDUM by Unite Here Local 878 #43 MOTION for Leave to Appear Telephonically filed by Unite Here Local 878. (Iglitzin, Dmitri) |
| Filing 43 MOTION for Leave to Appear Telephonically by Unite Here Local 878. (Attachments: #1 Proposed Order Granting Motion to Appear Telephonically)(Iglitzin, Dmitri) |
| Filing 42 CERTIFICATE OF SERVICE by Remington Lodging & Hospitality, LLC re #41 Reply to Response to Motion (Fischer, Peter) |
| Filing 41 REPLY to Response to Motion re #27 Amended MOTION for Writ of Mandamus filed by Remington Lodging & Hospitality, LLC. (Fischer, Peter) |
| Filing 40 Receipt of $150.00 non-resident attorney payment for Dimitri Iglitzin as to Interested Party Unite Here Local 878. (NXL, COURT STAFF) Modified on 10/21/2010 to create relationship to dkt 30.(RMC, COURT STAFF). |
| Filing 39 RESPONSE in Opposition re #27 Amended MOTION for Writ of Mandamus filed by Unite Here Local 878. (Iglitzin, Dmitri) |
| Filing 38 NOTICE of Table of Exhibits by Richard Ahearn re #37 Answer to Complaint (Attachments: #1 Exhibit NLRB Exhibits 1-2, #2 Exhibit NLRB Exhibits 3-5, #3 Exhibit NLRB Exhibits 6-9, #4 Exhibit NLRB Exhibits 10-12)(Goldstein, Dawn) |
| Filing 37 Opposition ANSWER to #1 Complaint to Amended Verified Petition by Richard Ahearn.(Goldstein, Dawn) |
| Filing 36 NOTICE of Filing Continuation of Exhibits by Remington Lodging & Hospitality, LLC re #29 Notice (Other), #28 Memorandum (Attachments: #1 Exhibit 5.27, #2 Exhibit 5.27.1, #3 Exhibit 5.27.2, #4 Exhibit 5.27.3, #5 Exhibit 5.27.4, #6 Exhibit 5.27.5, #7 Exhibit 5.27.6, #8 Exhibit 5.27.7, #9 Exhibit 5.28, #10 Exhibit 5.29, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9)(Fischer, Peter) |
| Filing 35 NOTICE of Filing Continuation of Exhibits by Remington Lodging & Hospitality, LLC re #29 Notice (Other), #28 Memorandum (Attachments: #1 Exhibit 5.17, #2 Exhibit 5.17.1, #3 Exhibit 5.18, #4 Exhibit 5.19, #5 Exhibit 5.20, #6 Exhibit 5.21, #7 Exhibit 5.21.1, #8 Exhibit 5.21.2, #9 Exhibit 5.22, #10 Exhibit 5.22.1, #11 Exhibit 5.22.2, #12 Exhibit 5.23, #13 Exhibit 5.23.1, #14 Exhibit 5.23.2, #15 Exhibit 5.24, #16 Exhibit 5.24.1, #17 Exhibit 5.25, #18 Exhibit 5.26, #19 Exhibit 5.26.1, #20 Exhibit 5.26.2, #21 Exhibit 5.26.3, #22 Exhibit 5.26.4)(Fischer, Peter) |
| Filing 34 NOTICE of Filing Continuation of Exhibits by Remington Lodging & Hospitality, LLC re #29 Notice (Other), #28 Memorandum (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit 5.7, #8 Exhibit 5.8, #9 Exhibit 5.9, #10 Exhibit 5.10, #11 Exhibit 5.11, #12 Exhibit 5.12, #13 Exhibit 5.12.1, #14 Exhibit 5.13, #15 Exhibit 5.13.1, #16 Exhibit 5.14, #17 Exhibit 5.15, #18 Exhibit 5.15.1, #19 Exhibit 5.15.2, #20 Exhibit 5.16, #21 Exhibit 5.16.1)(Fischer, Peter) |
| Filing 33 NOTICE Of Filing Continuation of Exhibits by Remington Lodging & Hospitality, LLC re #29 Notice (Other), #28 Memorandum (Attachments: #1 Exhibit 2, #2 Exhibit 2- A-I, #3 Exhibit 2-J.1, #4 Exhibit 2-J.2, #5 Exhibit 2-J.3, #6 Exhibit 2-K, #7 Exhibit 3.1, #8 Exhibit 3.2, #9 Exhibit 3.3, #10 Exhibit 3.4, #11 Exhibit 3.5, #12 Exhibit 3.6, #13 Exhibit 3.7, #14 Exhibit 3.8, #15 Exhibit 3.9, #16 Exhibit 3.10, #17 Exhibit 3.11, #18 Exhibit 3.12, #19 Exhibit 4 - Aug. 17 transcript, #20 Exhibit 4 - Aug. 26 transcript)(Fischer, Peter) |
| Filing 32 NOTICE Of Filing Continuation of Exhibits by Remington Lodging & Hospitality, LLC re #29 Notice (Other), #28 Memorandum (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C.1, #5 Exhibit 1-C.2, #6 Exhibit 1-D.1, #7 Exhibit 1-D.2, #8 Exhibit 1-D.3, #9 Exhibit 1-D.4, #10 Exhibit 1-D.5, #11 Exhibit 1-D.6, #12 Exhibit 1-D.7, #13 Exhibit 1-D.8, #14 Exhibit 1-D.9, #15 Exhibit 1-D.10A, #16 Exhibit 1-D.10B, #17 Exhibit 1-E, #18 Exhibit 1-F, #19 Exhibit 1-G, #20 Exhibit 1-H-J)(Fischer, Peter) |
| Filing 31 NOTICE Of Lodging of Exhibits by Remington Lodging & Hospitality, LLC re #28 Memorandum (Attachments: #1 Unpublished Case Authority)(Fischer, Peter) |
| Filing 30 MOTION for Leave to Appear Motion and Application of Non-Eligible Attorney for Permission to Appear and Participate in the United States District Court for the District of Alaska by Unite Here Local 878.(Iglitzin, Dmitri) |
| Filing 29 NOTICE of Lodging of Exhibits by Remington Lodging & Hospitality, LLC re #28 Memorandum (Fischer, Peter) |
| Filing 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF AMENDED VERIFIED PETITION FOR WRIT OF MANDATE by Remington Lodging & Hospitality, LLC #27 Amended MOTION for Writ of Mandamus filed by Remington Lodging & Hospitality, LLC. (Fischer, Peter) |
| Filing 27 Amended, Verified Petition for Writ of Mandate by Remington Lodging & Hospitality, LLC. (Attachments: #1 Verification)(Fischer, Peter) Modified on 10/12/2010 to correct dkt text and create link to dkt 1(CLW, COURT STAFF). |
| Filing 26 TMB TEXT ORDER GRANTING #23 Unopposed Motion to Revise Deadlines for Opposition and Reply. IT IS HEREBY ORDERED that Respondent shall file any opposition to the petition no later than October 13, 2010.Petitioner shall file any reply no later than October 18, 2010.Petitioner is to notify the union of these deadlines. (SRL, CHAMBERS STAFF) |
| Filing 25 AFFIDAVIT of Service re #1 Complaint by Remington Lodging & Hospitality, LLC. (Zeman, Adolf) |
| Filing 24 NOTICE of Lodging of Exhibits by Remington Lodging & Hospitality, LLC re #3 Memorandum, (Attachments: #1 Exhibit Employer's Position Statement of Nov. 11, 2009, #2 Exhibit Employer's Position Statement of January 19, 2010, #3 Exhibit Correspondence file submitted to the NLRB on Nov. 13, 2009 1 of 2, #4 Exhibit Correspondence file submitted to the NLRB on Nov. 13, 2009 2 of 2, #5 Exhibit Summary of Collective Bargaining Negotiations 1 of 12, #6 Exhibit Summary of Collective Bargaining Negotiations 2 of 12, #7 Exhibit Summary of Collective Bargaining Negotiations 3 of 12, #8 Exhibit Summary of Collective Bargaining Negotiations 4 of 12, #9 Exhibit Summary of Collective Bargaining Negotiations 5 of 12, #10 Exhibit Summary of Collective Bargaining Negotiations 6 of 12, #11 Errata Summary of Collective Bargaining Negotiations 7 of 12, #12 Exhibit Summary of Collective Bargaining Negotiations 8 of 12, #13 Exhibit Summary of Collective Bargaining Negotiations 9 of 12, #14 Exhibit Summary of Collective Bargaining Negotiations 10 of 12, #15 Exhibit Summary of Collective Bargaining Negotiations 11 of 12, #16 Exhibit Summary of Collective Bargaining Negotiations 12 of 12, #17 Exhibit Affidavit of Don Denzin of October 6, 2009, #18 Exhibit Affidavit of Arch Stokes of January 22, 2010, #19 Exhibit Affidavit of Arch Stokes of February 10, 2010, #20 Exhibit ULP Charge 19-CB-9969, #21 Exhibit ULP Charge 19-CA-32148, #22 Exhibit Facebook Printouts)(Fischer, Peter) |
| Filing 23 MOTION to Amend/Correct #13 Order on Motion to Continue, Unopposed by Richard Ahearn. (Attachments: #1 Proposed Order)(Goldstein, Dawn) |
| Filing 22 CLERK'S NOTICE re #10 First MOTION for Leave to Appear Pro Hac Vice; the Application to Appear Pro Hac Vice, at dkt 10, is authorized under D.Ak.LR 83.1(d). (RMC, COURT STAFF) |
| Filing 21 NOTICE of Appearance by Dawn L. Goldstein on behalf of Richard Ahern (Goldstein, Dawn) |
| Filing 20 CLERK'S NOTICE re #9 First MOTION for Leave to Appear Pro Hac Vice; the Application to Appear Pro Hac Vice, at dkt 9, is authorized under D.Ak.LR 83.1(d). (RMC, COURT STAFF) |
| Filing 19 CLERK'S NOTICE re #8 First MOTION for Leave to Appear Pro Hac Vice; the Application to Appear Pro Hac Vice, at dkt 8, is authorized under D.Ak.LR 83.1(d). (RMC, COURT STAFF) |
| Filing 18 First MOTION for Leave to File to File Exhibits Conventionally by Remington Lodging & Hospitality, LLC. (Attachments: #1 Proposed Order)(Zeman, Adolf) |
| Docket Annotation: Error: re #7 First MOTION for Leave to Appear Pro Hac Vice; Complete motion for leave appears at dkt 8; motion terminated. (RMC, COURT STAFF) |
| Docket Annotation: Error: re #12 MOTION for Leave to File Exhibits Conventionally; Document does not contain the Motion for Leave, Proposed Order was attached twice; motion terminated; Correction: Attorney to refile documents and attach the Motion for Leave as the main document with Proposed Order attached. (RMC, COURT STAFF) |
| Filing 17 NOTICE of Filing Good Standing Certificates by Remington Lodging & Hospitality, LLC re #10 First MOTION for Leave to Appear Pro Hac Vice (Zeman, Adolf) |
| Filing 16 Receipt of $450. non-resident attorney payment for Arch Stokes, Karl Terrel and Peter G. Fischer as to Plaintiffs Remington Lodging & Hospitality, LLC. (NXL, COURT STAFF) |
| Filing 15 NOTICE of Filing Good Standing Certificate by Remington Lodging & Hospitality, LLC re #9 First MOTION for Leave to Appear Pro Hac Vice (Zeman, Adolf) |
| Filing 14 NOTICE of Filing Good Standing Certificate by Remington Lodging & Hospitality, LLC re #7 First MOTION for Leave to Appear Pro Hac Vice (Zeman, Adolf) Modified on 9/28/2010 to create relationship to dkt 8 and remove relationship to dkt 7.(RMC, COURT STAFF). |
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Filing 13
ORDER GRANTING #11 Motion to Continue Hearing on Petition for Writ of Mandate. Hearing on writ previously set for 10/14/10 at 10:00 a.m. is VACATED AND RESET for 10/21/10 at 9:00 a.m. Signed by Judge Timothy M. Burgess on 09/27/10. (SRL, CHAMBERS STAFF)
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| Filing 12 MOTION for Leave to File Exhibits Conventionally by Remington Lodging & Hospitality, LLC. (Attachments: #1 Proposed Order)(Zeman, Adolf) Modified on 9/28/2010 to reflect error: Motion for Leave was not attached, only proposed order. motion terminated; Correction: Attorney to refile motion.(RMC, COURT STAFF). |
| Filing 11 MOTION to Continue October 14, 2010, Hearing by Remington Lodging & Hospitality, LLC. (Attachments: #1 Proposed Order)(Fischer, Peter) |
| Filing 10 First MOTION for Leave to Appear Pro Hac Vice by Remington Lodging & Hospitality, LLC. (Attachments: #1 Supplement, #2 Affidavit, #3 Proposed Order)(Fischer, Peter) |
| Filing 9 First MOTION for Leave to Appear Pro Hac Vice by Remington Lodging & Hospitality, LLC. (Attachments: #1 Supplement, #2 Affidavit, #3 Proposed Order)(Terrell, Karl) |
| Filing 8 First MOTION for Leave to Appear Pro Hac Vice by Remington Lodging & Hospitality, LLC. (Attachments: #1 Supplement, #2 Affidavit)(Stokes, Arch) |
| Filing 7 First MOTION for Leave to Appear Pro Hac Vice by Remington Lodging & Hospitality, LLC. (Attachments: #1 Proposed Order)(Stokes, Arch) Modified on 9/28/2010 to reflect error: Complete motion for leave is filed at dkt 8; motion terminated; Parties are directed to correct filing at dkt 8.(RMC, COURT STAFF). |
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Filing 6
ORDER setting deadlines and hearing re #1 Complaint filed by Remington Lodging & Hospitality, LLC. Response due by 10/6/2010. Reply due by 10/8/2010. A Hearing is set for 10/14/2010 at 10:00 a.m. in Anchorage Courtroom 1 before Judge Timothy M. Burgess. Signed by Judge Timothy M. Burgess on 09/24/10. (SRL, CHAMBERS STAFF)
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| Filing 5 Notice to Counsel re #3 Memorandum, filed by Remington Lodging & Hospitality, LLC. A review of the document submitted at dkt 3 confirms that it is over 25 pages in length. If a COURTESY paper copy of the pleading has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a COURTESY paper copy of your filing at dkt 3. The COURTESY paper copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf header on each page. (LSC, COURT STAFF) |
| Filing 4 Corporate Disclosure Statement by Remington Lodging & Hospitality, LLC identifying Corporate Parent Remington Holdings, LP for Remington Lodging & Hospitality, LLC. (NXL, COURT STAFF) |
| Filing 3 MEMORANDUM of Points and Authorities in Support, by Remington Lodging & Hospitality, LLC re #1 Complaint filed by Remington Lodging & Hospitality, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1 of 3, #3 Exhibit 2 Part 2 of 3, #4 Exhibit 2 Part 3 of 3)(NXL, COURT STAFF) |
| Filing 2 Civil Cover Sheet. (NXL, COURT STAFF) |
| Filing 1 VERIFIED PETITION FOR WRIT OF MANDATE and Request for Hearing on Shortened Time, against Richard Ahern (Filing fee $ 350. Receipt #ANC002541), filed by Remington Lodging & Hospitality, LLC.(NXL, COURT STAFF) |
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