Contreras et al v. ASARCO LLC et al
Plaintiff: Arnold Contreras, Celestino W Flores, Charles M Estrada, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Homer B Ortega and Joe D Rios
Defendant: ASARCO LLC, ASARCO LLC Union Employee Benefits Plan and ASARCO Retiree Medical Plan
Cross Defendant: Local 1914 Millwright, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Gonzalo Frias, Local 428 International Union of Operating Engineers, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 519 International Association of Machinists and Aerospace Workers, Brenda Frazier, Bernard Zornacki, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Millwrights Local and Millwrights and Machine Erectors Local 1607
Counter Defendant: Local 518 International Brotherhood of Electrical Workers
Case Number: 2:2018cv03495
Filed: October 25, 2018
Court: US District Court for the District of Arizona
Presiding Judge: Susan R Bolton
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. § 1132 E.R.I.S.A.
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2023 Opinion or Order Filing 232 ORDER GRANTING PLAINTIFFS' CONSENT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT - The Court finds that the parties have complied with the Class Action Fairness Act. This action is dismissed with prejudice as to all parties. The parties are directed to consummate the Settlement according to the terms and conditions of the Settlement Agreement, which is incorporated into this Order. Without affecting the finality of this Order in any way, the Court retains continuing jurisdiction over enforcement of this Order and the enforcement of the Settlement Agreement. See Order for complete details. Signed by Senior Judge Susan R Bolton on 4/27/23. (SMF)
April 27, 2023 Filing 231 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Fairness Hearing held on 4/27/2023. For reasons as stated on the record, IT IS ORDERED granting the Plaintiffs' Consent Motion for Final Approval of Class Action Settlement Agreement (Doc. #229 ). The written and oral objections to said motion are overruled. Formal Order to issue [see attached minute entry for details] (Court Reporter Teri Veres) Hearing held 10:00 AM to 10:35 AM.(MAW)
April 13, 2023 Filing 230 MEMORANDUM in Support of #229 Consent MOTION Final Approval of Class Action Settlement Agreement by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Cross Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Locals 518,570 and 602 International Brotherhood of Electrical Workers. (Attachments: #1 Exhibit 1. Decl. of N. Fiori)(Hurt, Joel)
April 13, 2023 Filing 229 Consent MOTION Final Approval of Class Action Settlement Agreement by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Proposed Order)(Hurt, Joel)
March 17, 2023 Filing 228 NOTICE re: Objection to Settlement by non-party Larry Baxter. (3 Pages) (REK)
January 27, 2023 Filing 227 NOTICE re: Certification Regarding CAFA Notices by ASARCO LLC, ASARCO Retiree Medical Plan . (Lubben, David)
January 24, 2023 Opinion or Order Filing 226 ORDER granting #219 Consent Motion for Preliminary Approval of Class Action Settlement Agreement. The Final Fairness Hearing will be conducted before this Court on Thursday, April 27, 2023 at 10:00 a.m. to finally determine the fairness, reasonableness and adequacy of the terms and conditions of the Settlement [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 1/24/23. (MAW)
January 23, 2023 Opinion or Order Filing 225 ORDER pursuant to #224 Stipulation for Withdrawal of Motion for Award of Attorneys Fees and Related Non-Taxable Expenses: The Court hereby orders that the Motion is withdrawn (Doc. #194 ), subject to the right to renew the Motion should the Court not grant approval of the settlement agreement. The withdrawal is without prejudice to ASARCO's right to renew the Motion within twenty-eight days of an order denying approval of the settlement. Signed by Senior Judge Susan R Bolton on 1/23/23. (MAW)
January 23, 2023 Filing 224 STIPULATION re: #194 MOTION for Attorney Fees and Related Non-Taxable Expenses for Withdrawal of Motion Without Prejudice to Renewal if Settlement Agreement Does Not Receive Approval by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David)
January 19, 2023 Opinion or Order Filing 223 ORDER: The Motion #221 is GRANTED. Mr. Ortega is hereby withdrawn as a class representative. Mr. Ortega will remain in the litigation as a member of the Pre-2007 Retiree class. Signed by Senior Judge Susan R Bolton on 1/19/2023. (REK)
January 19, 2023 Filing 221 MOTION to Withdraw Homer B. Ortega as Class Representative by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza. (Attachments: #1 Proposed Order)(Hurt, Joel)
January 19, 2023 Filing 220 *MEMORANDUM of Law in Support of #219 Consent MOTION for Preliminary Approval of Class Action Settlement Agreement by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Hurt, Joel) *Modified to correct event and text on 1/20/2023 (REK).
January 19, 2023 Filing 219 Consent MOTION for Preliminary Approval of Class Action Settlement Agreement by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit 1 Settlement Agr., #2 Exhibit 2 Class Notice, #3 Exhibit 3 Hurt Declaration, #4 Proposed Order Prop. Prel. Approval Order)(Hurt, Joel)
January 18, 2023 Filing 222 MANDATE of USCA re: #180 Notice of Appeal filed by Tony M Meza, Local 428 International Union of Operating Engineers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Celestino W Flores, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Charles M Estrada, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Homer B Ortega, Local 519 International Association of Machinists and Aerospace Workers, Local 518 International Brotherhood of Electrical Workers, Arnold Contreras. Pursuant to the terms of the parties' stipulation (Docket Entry No. 22), the appeal is dismissed without prejudice to reinstatement in the event the district court fails to approve the settlement. Reinstatement shall be by notice filed by any party in this court and served on the other parties and the Circuit Mediator within 28 days of the district court fails to approve the settlement. If no notice of reinstatement is filed and served, the appeal will be deemed dismissed with prejudice. A copy of this order shall serve as and for the mandate of this court. (BAC)
January 13, 2023 Opinion or Order Filing 218 ORDER granting #217 Motion to to Extend Stay. The Court hereby extends the STAY of further proceedings on ASARCO's Motion for Award of Attorneys' Fees and Related Non-Taxable Expenses, through the date of January 20, 2023. Signed by Senior Judge Susan R Bolton on 1/13/23. (MAW)
January 13, 2023 Filing 217 Fifth MOTION to Stay by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Proposed Order)(Ewing, Pamina)
December 15, 2022 Opinion or Order Filing 216 ORDER granting #215 Motion to Stay and extends the STAY of further proceedings on ASARCO's Motion for Award of Attorney's Fee and Related Non-Taxable Expenses, through the date of January 15, 2023 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 12/15/22. (MAW)
December 14, 2022 Filing 215 Joint MOTION to Stay and Extend for Fourth Time by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David)
October 21, 2022 Opinion or Order Filing 214 ORDER granting the Third Joint Motion and extends the STAY of further proceedings on ASARCO's Motion for Award of Attorney's Fee and Related Non-Taxable Expenses, through the date of 12/15/2022 (Doc. #212 ). Signed by Senior Judge Susan R Bolton on 10/21/2022. (KJ)
October 14, 2022 Opinion or Order Filing 213 ORDER of USCA re: #180 Notice of Appeal filed by Tony M Meza, Local 428 International Union of Operating Engineers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Celestino W Flores, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Charles M Estrada, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Homer B Ortega, Local 519 International Association of Machinists and Aerospace Workers, Local 518 International Brotherhood of Electrical Workers, Arnold Contreras. The Clerk is directed to temporarily close this court's docket for administrative purposes until 12/15/22. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. At any time, any party may request that this appeal be reopened. (BAC)
October 14, 2022 Filing 212 Third MOTION to Stay and Notice of Settlement by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David)
September 2, 2022 Opinion or Order Filing 211 ORDER granting #210 Motion to Stay and extends the STAY of further proceedings on ASARCO's Motion for Award of Attorney's Fee and Related Non-Taxable Expenses for another forty-five days, through the date of October 17, 2022. The parties are directed to notify the Court when the mediation concludes. Signed by Senior Judge Susan R Bolton on 9/2/22. (MAW)
September 2, 2022 Filing 210 Second MOTION to Stay re: #209 Order on Motion to Stay, Joint by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order Proposed order granting second joint motion to extend stay)(Lubben, David)
July 25, 2022 Opinion or Order Filing 209 ORDER granting #208 Motion to Stay and extends the STAY of further proceedings on ASARCO's Motion for Award of Attorneys Fee and Related Non-Taxable Expenses for forty-five days, through the date of September 6, 2022. The parties are directed to notify the Court when the mediation concludes. Signed by Senior Judge Susan R Bolton on 7/25/22. (MAW)
July 19, 2022 Filing 208 Joint MOTION to Stay re: #207 Order on Motion to Stay, to Extend Stay by 45 Days by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David)
June 7, 2022 Opinion or Order Filing 207 ORDER granting #206 Motion to Stay and STAYS further proceedings on ASARCO's Motion for Award of Attorneys' Fee and Related Non-Taxable Expenses for forty-five days, through July 22, 2022. The parties are directed to notify the Court when the mediation concludes. Signed by Senior Judge Susan R Bolton on 6/7/22. (MAW)
June 7, 2022 Filing 206 Joint MOTION to Stay re: #194 MOTION for Attorney Fees and Related Non-Taxable Expenses by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David)
May 27, 2022 Filing 205 MANDATE of USCA re: #181 Notice of Appeal filed by Millwrights and Machine Erectors Local 1607. Pursuant to the stipulation of the parties (Docket Entry No. 10), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). A copy of this order shall serve as and for the mandate of this court. (BAC)
May 26, 2022 Filing 204 REPLY to Response to Motion re: #194 MOTION for Attorney Fees and Related Non-Taxable Expenses filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Exhibit 1 Kraft motion for attorneys fees, #2 Exhibit 2 Memorandum in Support of Kraft motion for attorneys fees)(Lubben, David)
May 19, 2022 Filing 203 DECLARATION of Joel R. Hurt re: #201 Response in Opposition to Motion,,,,, by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Counter Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Cross Defendants Local 519 International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC. (Attachments: #1 Exhibit Ex. A - Spreadsheet for Cat. 1, #2 Exhibit Ex. B - Spreadsheet for Cat. 6, #3 Exhibit Ex. C - Spreadsheet for Cat. 3, #4 Exhibit Ex. D - Spreadsheet for Cat. 5, #5 Exhibit Ex. E - Spreadsheet for Cat. 10, #6 Exhibit Ex. F - Ds' Fee Award Chart)(Ewing, Pamina)
May 19, 2022 Filing 202 DECLARATION of William T. Payne re: #201 Response in Opposition to Motion,,,,, by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Counter Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Cross Defendant Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC. (Ewing, Pamina)
May 19, 2022 Filing 201 RESPONSE in Opposition re: #194 MOTION for Attorney Fees and Related Non-Taxable Expenses filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
May 18, 2022 Opinion or Order Filing 200 ORDER granting #199 Motion for Extension of Time. Plaintiffs' Response to ASARCO's Fee Motion is due on or before June 2, 2022, as is the response of the Millwrights. Signed by Senior Judge Susan R Bolton on 5/18/22. (MAW)
May 17, 2022 Filing 199 MOTION for Extension of Time To Respond to Defendants' Motion for Award of Attorneys' Fees by Millwrights and Machine Erectors Local 1607. (Attachments: #1 Proposed Order)(Lee, Desmond)
May 2, 2022 Opinion or Order Filing 198 ORDER granting #197 Motion for Extension of Time to File Response. Plaintiffs' Response to ASARCO's Fee Motion is due on or before May 19, 2022, as is the response of the cross-defendant Millwrights and Machine Erectors, Local 1607. Signed by Senior Judge Susan R Bolton on 5/2/22. (MAW)
April 26, 2022 Filing 197 MOTION for Extension of Time to File Response/Reply as to #194 MOTION for Attorney Fees and Related Non-Taxable Expenses by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Proposed Order)(McDonnell, Ruairi)
April 26, 2022 Filing 196 Taxation Judgment in amount of $ 13,414.23 against plaintiffs. (MSO)
April 21, 2022 Filing 195 MEMORANDUM in Support of #194 MOTION for Attorney Fees and Related Non-Taxable Expenses by Defendants ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Affidavit, #2 Exhibit Fee agreement, #3 Exhibit Fee agreement, #4 Exhibit Key to Color Coding Itemized Statements, #5 Exhibit Itemized Statement 011, #6 Exhibit Itemized Statement 016, #7 Exhibit Itemized Statement 017, #8 Exhibit Itemized Statement 018, #9 Exhibit Itemized Statement 023, #10 Exhibit Statement of Consultation, #11 Proposed Order)(Lubben, David)
April 21, 2022 Filing 194 *WITHDRAWN by Doc. #225 Order** MOTION for Attorney Fees and Related Non-Taxable Expenses by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David) Modified on 1/23/2023 (MAW).
April 18, 2022 Filing 193 TRANSCRIPT REQUEST by Millwrights and Machine Erectors Local 1607 for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s) re: #181 Notice of Appeal,. (Lee, Desmond)
April 11, 2022 Filing 192 APPLICATION/NOTICE of BILL OF COSTS re: #190 by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
April 11, 2022 Filing 191 AFFIDAVIT/SUPPORTING DOCUMENT to BILL OF COSTS re: #190 by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Exhibit N.D. Tex. filing fee, #2 Exhibit D. Ariz. filing fee 18-3534, #3 Exhibit Process Rendered invoice, #4 Exhibit Harris Investigations N D Tex, #5 Exhibit Bosco Legal Services N D Tex, #6 Exhibit First Legal invoices, #7 Exhibit Harris Investigations D Ariz, #8 Exhibit Bosco Legal Services D Ariz, #9 Exhibit Planet Depos invoice USW 30b6, #10 Exhibit Planet Depos Invoice ASARCO 30b6, #11 Exhibit Veritext charges depositions Estrada Zornacki, #12 Exhibit Invoice for copies of court file CV03-1297)(Lubben, David)
April 11, 2022 Filing 190 BILL OF COSTS by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
April 7, 2022 Opinion or Order Filing 189 ORDER granting #186 Motion for Extension of Time, and that the Court grants Defendants an extension of thirty days from the date of March 22, 2022 to file any motion for award of attorneys as prevailing parties. Signed by Senior Judge Susan R Bolton on 4/7/22. (MAW)
March 29, 2022 Opinion or Order Filing 188 JUDGMENT that plaintiffs/cross-defendants recover nothing from defendants/cross-plaintiffs on Counts I and II of the Consolidated Class Action Complaint filed on August 8, 2019 and Judgment is entered in favor of defendants/cross-plaintiffs on these counts. IT IS FURTHER ORDERED AND ADJUDGED that Judgment be entered in favor of defendants/cross-plaintiffs on Crossclaims I through IV for declaratory relief filed on August 23, 2019, as follows hereafter. IT IS FURTHER ORDERED AND ADJUDGED that ASARCO LLC and the ASARCO Retiree Medical Plan recover their costs of suit from plaintiffs/cross-defendants. ASARCO LLC and ASARCO Retiree Medical Plan may file Bills of Costs within fourteen days following entry of Judgment. Subject to the terms of this Judgment with respect to the Pre-2007 Ray Retirees plaintiff/cross-defendant subclass and without affecting same, and pursuant to Federal Rule of Civil Procedure 25(a), all claims by and against Joe D. Rios are dismissed. See document for further details. Signed by Senior Judge Susan R Bolton on 3/29/2022. (REK)
March 24, 2022 Filing 187 Taxation Judgment. Bill of Costs DENIED, but may be refiled after entry of Final Judgment. (MSO)
March 22, 2022 Filing 186 MOTION for Extension of Time to File Motion for Award of Attorneys Fees by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David)
March 22, 2022 Filing 185 AFFIDAVIT/SUPPORTING DOCUMENT to BILL OF COSTS re: #184 by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Exhibit Filing fee N.D. Tex., #2 Exhibit Filing fee CV18-3534, #3 Exhibit Process fee N.D. Tex., #4 Exhibit Process fee N.D. Tex., #5 Exhibit Process fee N.D. Tex., #6 Exhibit Process fees N.D. Tex. & CV18-3534, #7 Exhibit Process fee CV18-3534, #8 Exhibit Process fee CV18-3534, #9 Exhibit Deposition fee USW 30b6, #10 Exhibit Deposition fee ASARCO 30b6, #11 Exhibit Deposition fees Estrada Zornacki, #12 Exhibit Fee for copies court files CV03-1297)(Lubben, David)
March 22, 2022 Filing 184 BILL OF COSTS by ASARCO LLC. (Lubben, David)
March 17, 2022 Filing 183 USCA Case Number re: #181 Notice of Appeal. Case number 22-15406, Ninth Circuit. (BAC)
March 15, 2022 Filing 182 USCA Case Number re: #180 Notice of Appeal. Case number 22-15388, Ninth Circuit. (KAH)
March 15, 2022 Filing 181 *NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: #178 Order on Motion for Summary Judgment, by Millwrights and Machine Erectors Local 1607. Filing fee received: $ 505.00, receipt number BAZDC-20449056. (Lee, Desmond) *Modified to correct event and text on 3/16/2022 (REK).
March 11, 2022 Filing 180 *NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: #178 Order on Motion for Summary Judgment, by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. Filing fee received: $ 505.00, receipt number BAZDC-20436559. (Ewing, Pamina) *Modified to correct event and text on 3/16/2022 (REK).
March 8, 2022 Filing 179 *Final Judgment entered at #188 *LODGED Proposed Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David) Modified on 3/29/2022 (REK).
February 22, 2022 Opinion or Order Filing 178 ORDER granting Defendants' Motion for Summary Judgment #146 . IT IS FURTHER ORDERED that Defendants lodge a proposed judgment within 14 days of the date of this Order. See document for further details. Signed by Senior Judge Susan R Bolton on 2/22/2022. (REK)
January 10, 2022 Filing 177 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT proceedings held on 12/16/2021, before Judge SUSAN R. BOLTON. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 1/25/2022 (RAP).
December 20, 2021 Filing 176 AMENDED TRANSCRIPT REQUEST pursuant to 174 Notice of Deficiency (Second Amended Transcript Request) by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Ewing, Pamina)
December 20, 2021 Filing 175 AMENDED TRANSCRIPT REQUEST pursuant to 174 Notice of Deficiency by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Ewing, Pamina)
December 20, 2021 Filing 174 NOTICE TO FILER OF DEFICIENCY re: AO435 #171 Transcript Request filed by Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Charles M Estrada, Homer B Ortega, Joe D Rios, Celestino W Flores, Arnold Contreras. Item(s) were not completed (left blank): 13. CASE NAME. Item 18 - ORDER: No box was checked for delivery instructions. FOLLOW-UP ACTION REQUIRED: Please refile with blank item(s) described above completed and with applicable boxes checked under DELIVERY INSTRUCTIONS. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
December 20, 2021 Opinion or Order Filing 173 ORDER: IT IS ORDERED denying Plaintiffs' Motion for Leave to File Sur-Reply to ASARCOs Reply in Support of its Motion for Summary Judgment. (Doc. #162 ) Signed by Senior Judge Susan R Bolton on 12/20/21. (MAW)
December 20, 2021 Filing 172 AMENDED TRANSCRIPT REQUEST pursuant to 170 Notice of Deficiency by Millwrights and Machine Erectors Local 1607 for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Lee, Desmond)
December 20, 2021 Filing 171 AMENDED TRANSCRIPT REQUEST pursuant to 169 Notice of Deficiency by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Ewing, Pamina)
December 20, 2021 Filing 170 NOTICE TO FILER OF DEFICIENCY re: #168 Transcript Request filed by Millwrights and Machine Erectors Local 1607. Outdated form used. FOLLOW-UP ACTION REQUIRED: Please use the most current AZ Form AO435 (Rev. 10/2018) located on the district's website under the Forms heading. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
December 20, 2021 Filing 169 NOTICE TO FILER OF DEFICIENCY re: #166 Transcript Request filed by Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Charles M Estrada, Homer B Ortega, Joe D Rios, Celestino W Flores, Arnold Contreras. Outdated form used. FOLLOW-UP ACTION REQUIRED: Please use the most current AZ Form AO435 (Rev. 10/2018) located on the district's website under the Forms heading. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
December 20, 2021 Filing 168 TRANSCRIPT REQUEST by Millwrights and Machine Erectors Local 1607 for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Lee, Desmond)
December 20, 2021 Filing 167 AMENDED TRANSCRIPT REQUEST pursuant to 165 Notice of Deficiency by ASARCO LLC for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Lubben, David)
December 20, 2021 Filing 166 TRANSCRIPT REQUEST by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Ewing, Pamina)
December 17, 2021 Filing 165 NOTICE TO FILER OF DEFICIENCY re: AO435 #164 Transcript Request filed by ASARCO LLC. Item 18 - ORDER: No box was checked for delivery instructions. FOLLOW-UP ACTION REQUIRED: Please refile with applicable boxes checked under DELIVERY INSTRUCTIONS. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
December 17, 2021 Filing 164 TRANSCRIPT REQUEST for Motion Hearing 12.16.2021 by ASARCO LLC for proceedings held on 12/16/2021, Judge Susan R Bolton hearing judge(s). (Lubben, David)
December 16, 2021 Filing 163 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Motion Hearing held on 12/16/2021. Oral argument heard re: #146 Motion for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV. The motion is taken under advisement. APPEARANCES: Ruairi McDonnell, Joel Hurt, and Pamina Ewing for Plaintiffs. David Lubben and Richard Russo for Defendants. Telephonic appearance by Yuliya Mirzoyan for Cross-Defendant Milwrights & Michine Erectors Local 1607. (Court Reporter Hilda Lopez.) Hearing held 9:58 am to 11:02 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
December 9, 2021 Filing 162 MOTION for Leave to File Surreply by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit Ps' Surreply ISO MSJ, #2 Proposed Order)(McDonnell, Ruairi)
December 9, 2021 Remark: Pro hac vice motion(s) granted for Yuliya S Mirzoyan on behalf of Cross Defendant Millwrights and Machine Erectors Local 1607. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 2, 2021 Opinion or Order Filing 161 ORDER granting #159 Motion to Exceed Page Limitation and that the Court grants Defendants leave to file their Reply Memorandum in Support of Motion for Summary Judgment up to seven pages in excess of the eleven-page limit. Signed by Senior Judge Susan R Bolton on 12/2/21. (MAW)
December 2, 2021 Filing 160 REPLY to Response to Motion re: #146 MOTION for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
November 30, 2021 Filing 159 MOTION Leave to File Excess Pages on Reply Brief by ASARCO LLC. (Attachments: #1 Proposed Order)(Lubben, David)
November 17, 2021 Filing 158 Additional Attachments to Main Document re: #157 Statement of Facts, #156 Response to Motion for Summary Judgment EXHIBIT INDEX TO PLAINTIFFS CONTROVERTING STATEMENT OF FACTS AND ADDITIONAL FACTS IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Cross Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Locals 518,570 and 602 International Brotherhood of Electrical Workers, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 pt 1, #9 Exhibit 8 pt 2, #10 Exhibit 8 pt 3, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12 pt 1, #15 Exhibit 12 pt 2, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33)(Ewing, Pamina)
November 17, 2021 Filing 157 STATEMENT OF FACTS re: #147 Statement of Facts, #146 MOTION for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV PLAINTIFFS CONTROVERTING STATEMENT OF FACTS AND ADDITIONAL FACTS IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Cross Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Locals 518,570 and 602 International Brotherhood of Electrical Workers. (Ewing, Pamina)
November 17, 2021 Filing 156 RESPONSE to Motion re: #146 MOTION for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
November 17, 2021 Filing 155 RESPONSE to Motion re: #146 MOTION for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV and Joinder to Opposition filed by its co-Plaintiffs/Cross-Defendants filed by Millwrights and Machine Erectors Local 1607. (Lee, Desmond)
November 17, 2021 Filing 154 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Desmond C Lee. (Lee, Desmond)
November 12, 2021 Opinion or Order Filing 153 ORDER - Upon consideration of Plaintiffs' #152 Unopposed Motion for Five-Page Extension of Summary Judgment Response, it is ordered that the Motion is GRANTED, and that Plaintiffs may file a memorandum in response to Defendants' summary judgment motion that is up to 22 pages in length. Signed by Senior Judge Susan R. Bolton on 11/12/21. (NKS)
November 10, 2021 Filing 152 MOTION for Leave to File Excess Pages for Plaintiffs' Unopposed Motion for Five-Page Extention of Summary Judgment Response by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Proposed Order)(McDonnell, Ruairi)
October 26, 2021 Opinion or Order Filing 151 ORDER granting #149 Motion for Leave to File Excess Pages. Defendants granted leave to file their Statement of Material Facts (Doc. #147 ) in excess of the ten-page limit. The Court further allows the non-moving parties to file controverting statements of fact in excess of the ten-page limit. Signed by Senior Judge Susan R Bolton on 10/26/21. (DXD)
October 26, 2021 Filing 150 MINUTE ORDER: Motion Hearing set for 12/16/2021 at 10:00AM before Senior Judge Susan R Bolton as to #146 MOTION for Summary Judgment. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
October 19, 2021 Filing 149 *MOTION for Leave to File Excess Pages re: #147 Statement of Facts by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Proposed Order)(Lubben, David) *Modified to correct motion type on 10/20/2021 (REK).
October 18, 2021 Filing 148 *NOTICE of Errata (Corrected Deposition Exhibit 11) re: #147 Statement of Facts by ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Exhibit Corrected Deposition Exhibit 11)(Lubben, David) *Modified event and text on 10/19/2021 (REK).
October 18, 2021 Filing 147 STATEMENT OF FACTS re: #146 MOTION for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV by Defendants ASARCO LLC, ASARCO Retiree Medical Plan. (Attachments: #1 Exhibit Motion Exhibit 100, #2 Exhibit Motion Exhibit 101, #3 Exhibit Motion Exhibit 102, #4 Exhibit Motion Exhibit 103, #5 Exhibit Motion Exhibit 104, #6 Exhibit Motion Exhibit 105, #7 Exhibit Motion Exhibit 106, #8 Exhibit Motion Exhibit 107, #9 Exhibit Motion Exhibit 108, #10 Exhibit Deposition Exhibit 2, #11 Exhibit Deposition Exhibit 3, #12 Exhibit Deposition Exhibit 4, #13 Exhibit Deposition Exhibit 5, #14 Exhibit Deposition Exhibit 8, #15 Exhibit Deposition Exhibit 10, #16 Exhibit Deposition Exhibit 11, #17 Exhibit Deposition Exhibit 12, #18 Exhibit Deposition Exhibit 13, #19 Exhibit Deposition Exhibit 14, #20 Exhibit Deposition Exhibit 15, #21 Exhibit Deposition Exhibit 16, #22 Exhibit Deposition Exhibit 17, #23 Exhibit Deposition Exhibit 19, #24 Exhibit Deposition Exhibit 27, #25 Exhibit Deposition Exhibit 28, #26 Exhibit Deposition Exhibit 29, #27 Exhibit Deposition Exhibit 30, #28 Exhibit Deposition Exhibit 31, #29 Exhibit Deposition Exhibit 32, #30 Exhibit Deposition Exhibit 39, #31 Exhibit Deposition Exhibit 40, #32 Exhibit Deposition Exhibit 41, #33 Exhibit Deposition Exhibit 42, #34 Exhibit Deposition Exhibit 44, #35 Exhibit Deposition Exhibit 45, #36 Exhibit Deposition Exhibit 50)(Lubben, David)
October 18, 2021 Filing 146 MOTION for Summary Judgment on Counts I and II of Consolidated Class Action Complaint and on Crossclaims I through IV by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
August 9, 2021 Opinion or Order Filing 145 ORDER: IT IS ORDERED granting in part and denying in part ASARCO's Motion for Protective Order Regarding Notice of Rule 30(b)(6) Deposition. (Doc. #139 ) Signed by Senior Judge Susan R Bolton on 8/9/21. (MAW)
July 29, 2021 Opinion or Order Filing 144 ORDER granting #143 Motion to Correct and the Court will treat Exhibit 11 attached to ASARCO's Reply Brief as Exhibit 11 to the Motion for Protective Order. Signed by Senior Judge Susan R Bolton on 7/29/21. (MAW)
July 7, 2021 Remark: Pro hac vice motion(s) granted for Desmond C Lee on behalf of Cross Defendant Millwrights and Machine Erectors Local 1607. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 2, 2021 Filing 143 MOTION to Amend/Correct The Record Regarding Exhibit 11 To ASARCO Motion for Protective Order Regarding Notice of Rule 30(b)(6) Deposition by ASARCO LLC. (Attachments: #1 Text of Proposed Order)(Lubben, David)
July 2, 2021 Filing 142 REPLY to Response to Motion re: #139 MOTION for Protective Order Regarding Rule 30(b)(6) Deposition filed by ASARCO LLC. (Attachments: #1 Exhibit Deposition transcript of Joyce Morris, #2 Exhibit ASARCO motion for summary judgment 03-1297, #3 Exhibit Declaration of John Stember 03-1297, #4 Exhibit 1986 Ray SPD 03-1297, #5 Exhibit 1986 Ray SPD MIDP)(Lubben, David)
June 30, 2021 Filing 141 Joinder re: #140 Response to Defendants' Motion for Protective Order by Cross Defendant Millwrights and Machine Erectors Local 1607. filed by Millwrights and Machine Erectors Local 1607. (Lee, Desmond)
June 25, 2021 Filing 140 *RESPONSE to MOTION re: #139 MOTION for Protective Order Regarding Rule 30(b)(6) Deposition by Cross Defendants Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Declaration of Pamina Ewing, #2 Exhibit 1 - 2020-11-30 Notice of 30(b)(6) deposition of USW, #3 Exhibit 2 - 2005-05-19 Depo of Baker Transcript, #4 Exhibit 3 - 2005-05-13 Depo of Boylan Transcript, #5 Exhibit 4 - 2005-4-26 Declaration of Debra Baker w Ex 1 cover page)(Ewing, Pamina) *Modified to correct event and add document link on 6/28/2021 (REK).
June 11, 2021 Filing 139 MOTION for Protective Order Regarding Rule 30(b)(6) Deposition by ASARCO LLC. (Attachments: #1 Affidavit Declaration of D. Lubben, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Text of Proposed Order)(Lubben, David)
June 3, 2021 Filing 138 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Discovery Dispute Hearing held on 6/3/2021 at the request of Defense counsel re: 14 topics designated for the 30(b)(6) deposition of ASARCO. Defense counsel is seeking a protective order. Discussion held. The Court advised counsel it cannot make a decision on this discovery dispute in a telephonic argument but will require that the dispute be briefed. IT IS ORDERED directing Defense counsel to file a Motion for Protective Order no later than June 11, 2021. APPEARANCES: Ruairi McDonnell and Pamina Ewing (both appearing telephonically) for Plaintiffs. David Lubben and Richard Russo (both appearing telephonically) for Defendants. Desmond Lee (appearing telephonically) for Counter Defendant Local 1914 Millwright. (Court Reporter Hilda Lopez) Hearing held 11:46 AM to 11:56 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
May 21, 2021 Opinion or Order Filing 137 ORDER: IT IS ORDERED setting a Telephonic Discovery Dispute Hearing on June 3, 2021 at 11:30 a.m. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access code 9667260. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 5/21/21. (MAW)
May 7, 2021 Opinion or Order Filing 136 ORDER: The Motion is GRANTED #132 . Written Discovery due by August 6, 2021. Close of Discovery is September 20, 2021. Dispositive Motions due by October 18, 2021. No further extension will be granted. Signed by Senior Judge Susan R Bolton on 5/07/2021. (REK)
May 6, 2021 Filing 135 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Status Conference held on 5/6/2021 re: parties' Joint Motion for Further Extension of Case Management Deadlines in Light of Continued COVID-19 Outbreak (Doc. #132 ). Discussion held. For reasons as stated on the record, the Court will grant the parties' motion. Counsel are advised that no further extensions of the discovery and dispositive motion deadlines will be granted. Formal Order to follow. APPEARANCES: Joel Hurt and Ruairi McDonnnell (both appearing telephonically) for Plaintiffs. David Lubben and Richard Russo for Defendants. Desmond Lee (appearing telephonically) for Counter Defendant Local 1914 Millwright. (Court Reporter Hilda Lopez) Hearing held 1:33 PM to 1:56 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
May 3, 2021 Filing 134 NOTICE re: Telephonic Appearance by Local 1914 Millwright, Millwrights and Machine Erectors Local 1607 . (Lee, Desmond)
April 27, 2021 Opinion or Order Filing 133 ORDER: The Court has reviewed the Joint Motion for Further Extension of Case Management Deadlines in Light of Continue COVID-19 Outbreak (Doc. #132 ). IT IS ORDERED setting a status conference on May 6, 2021 at 1:30 p.m. Counsel may appear in person or telephonically. If Counsel wish to appear telephonically, they must notify the Court three days prior to the hearing. If appearing telephonically, counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 4/27/21. (MAW)
April 26, 2021 Filing 132 Joint MOTION for Extension of Time Extension of Time by Arnold Contreras. (Attachments: #1 Text of Proposed Order)(McDonnell, Ruairi)
February 24, 2021 Filing 131 NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Brenda Frazier, Gonzalo Frias, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 1914 Millwright(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Millwrights and Machine Erectors Local 1607, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Bernard Zornacki. (McDonnell, Ruairi)
January 26, 2021 Opinion or Order Filing 130 ORDER granting #129 Motion for Extension of Time. Discovery due by 6/21/2021. Dispositive motions due by 7/19/2021 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 1/26/21. (MAW)
January 22, 2021 Filing 129 Joint MOTION for Extension of Time (Further Extension of Case Management Deadlines in Light of Continued COVID-19 Outbreak) by Arnold Contreras, Charles M Estrada, Celestino W Flores, Brenda Frazier, Gonzalo Frias, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 1914 Millwright(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Bernard Zornacki. (Attachments: #1 Text of Proposed Order)(McDonnell, Ruairi)
January 19, 2021 Filing 128 NOTICE re: Notice of Death of Joe D. Rios by Arnold Contreras, Charles M Estrada, Celestino W Flores, Brenda Frazier, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 1914 Millwright, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 518 International Brotherhood of Electrical Workers, Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Millwrights and Machine Erectors Local 1607, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Bernard Zornacki . (McDonnell, Ruairi)
November 23, 2020 Filing 127 *NOTICE of Service of Discovery re: Objections and Responses Served in Response to Defendants'/Cross-Plaintiffs' Second Set of Interrogatories and Document Requests by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC . (McDonnell, Ruairi) *Modified to correct event and text on 11/24/2020 (REK).
November 23, 2020 Filing 126 WITHDRAWAL OF DOCUMENT re: #125 Objection, #124 Objection by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Cross Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC. (McDonnell, Ruairi)
November 23, 2020 Filing 125 *Withdrawn by #126 *OBJECTION Plaintiffs/Cross Defendants' Objections to Defendants/Cross Plaintiffs' Second Set of Request for Production of Documents by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Counter Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Cross Defendant Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC. (McDonnell, Ruairi) Modified on 11/24/2020 (REK).
November 23, 2020 Filing 124 *Withdrawn by #126 *OBJECTION Plaintiffs/Cross Defendants' Objections To Defendants/Cross Plaintiffs' Second Set of Interrogatories by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Cross Defendants Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Counter Defendants Local 428 International Union of Operating Engineers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 519 International Association of Machinists and Aerospace Workers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Locals 518,570 and 602 International Brotherhood of Electrical Workers. (McDonnell, Ruairi) Modified on 11/24/2020 (REK).
November 6, 2020 Filing 123 NOTICE of Service of Discovery filed by Millwrights and Machine Erectors Local 1607. (Lee, Desmond)
November 5, 2020 Filing 122 *NOTICE of Service of Discovery re: Plaintiffs'/Cross-Defendants' Objections Served in Response to Defendants'/Cross-Plaintiffs' Second Set of Interrogatories by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC . (McDonnell, Ruairi) *Modified to correct event on 11/6/2020 (REK).
October 22, 2020 Opinion or Order Filing 121 ORDER granting #120 Joint Motion for Further Extension of Case ManagementDeadlines. This Court hereby ORDERS the following adjustments to the deadlines in this case: Written Discovery: February 4, 2021; Close of Discovery: March 21, 2021; Dispositive motions: April 19, 2021. Signed by Senior Judge Susan R Bolton on 10/22/20. (MAW)
October 22, 2020 Filing 120 Joint MOTION for Extension of Time Joint Motion For Further Extension Of Case Management Deadlines In Light Of Continued COVID-19 Outbreak by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
October 12, 2020 Filing 119 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
July 31, 2020 Filing 118 NOTICE of Service of Discovery filed by Local 1914 Millwright. (Lee, Desmond)
July 16, 2020 Filing 117 NOTICE of Attorney Withdrawal Maneesh Sharma filed by David Ronald Jury. (Jury, David)
July 15, 2020 Filing 116 NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (McDonnell, Ruairi)
July 14, 2020 Filing 115 NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
June 29, 2020 Opinion or Order Filing 114 *ORDER granting #112 Motion for Extension of Time. Discovery due by 11/9/2020. Dispositive motions due by 1/19/2021. IT IS FURTHER ORDERED vacating the pretrial conference date of April 13, 2021, the trial date of April 19, 2021, the Joint Proposed Pretrial Order deadline and the Motion in Limine deadline to be reset after dispositive motions are ruled on [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 6/29/20. (MAW) *Modified to add PDF; NEF regenerated on 7/1/2020 (SCH).
June 29, 2020 Filing 113 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
June 22, 2020 Filing 112 Joint MOTION for Extension of Time FOR FURTHER EXTENSION OF CASE MANAGEMENT DEADLINES IN LIGHT OF CONTINUED COVID-19 OUTBREAK by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
June 8, 2020 Filing 111 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
June 8, 2020 Filing 110 *NOTICE of Service of Discovery by ASARCO LLC. (Lubben, David) *Modified to correct event and filers on 6/9/2020 (WLP).
June 8, 2020 Filing 109 *NOTICE of Service of Discovery filed by ASARCO LLC (successor to ASARCO Incorporated, Defendants/Cross-Plaintiffs), (Lubben, David) *Modified filers on 6/9/2020 (WLP).
April 9, 2020 Filing 108 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
March 20, 2020 Opinion or Order Filing 107 ORDER granting #106 Motion for Extension of Time. Discovery due by 8/22/2020. Dispositive motions due by 9/19/2020. Proposed Pretrial Order due by 4/5/2021. Pretrial Conference set for 4/13/2021 at 11:00 a.m. Trial (jury or bench to be determined) set for 4/19/2021 at 09:00 a.m. [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/20/20. (MAW)
March 20, 2020 Filing 106 Joint MOTION for Extension of Time to Complete Discovery by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
January 31, 2020 Filing 105 NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (McDonnell, Ruairi)
December 17, 2019 Opinion or Order Filing 104 STIPULATED HIPAA-QUALIFIED PROTECTIVE ORDER [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 12/17/19. (MAW)
December 17, 2019 Filing 103 STIPULATION To HIPAA-Qulaified Protective Order by Arnold Contreras, Charles M Estrada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Hurt, Joel)
December 5, 2019 Filing 102 *REPORT of Settlement Talks/Discussions by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David) *Modified to add filer on 12/6/2019 (DXD).
October 28, 2019 Filing 101 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO Retiree Medical Plan. (Lubben, David)
October 28, 2019 Filing 100 NOTICE of Service of Discovery filed by Millwrights and Machine Erectors Local 1607. (Lee, Desmond)
September 30, 2019 Filing 98 JOINDER TO #92 Answer to Crossclaim by Local 1914 Millwright(Plaintiffs/Cross-Defendants). (Lee, Desmond)
September 16, 2019 Filing 97 TRANSCRIPT REQUEST by Arnold Contreras, Charles M Estrada, Celestino W Flores, Brenda Frazier, Gonzalo Frias, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Bernard Zornacki for proceedings held on 9/13/2019, Judge Susan R Bolton hearing judge(s). (Ewing, Pamina)
September 16, 2019 Filing 96 TRANSCRIPT REQUEST by ASARCO LLC, ASARCO Retiree Medical Plan for proceedings held on 9/13/2019, Judge Susan R Bolton hearing judge(s). (Lubben, David)
September 13, 2019 Filing 99 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference proceedings held on 09/13/2019, before Judge SUSAN R. BOLTON. [Court Reporter: Laurie A. Adams, RMR, CRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2019. Redacted Transcript Deadline set for 10/15/2019. Release of Transcript Restriction set for 12/12/2019. (RAP)
September 13, 2019 Opinion or Order Filing 95 SCHEDULING ORDER: Discovery due by 5/22/2020. Dispositive motions due by 6/19/2020. Proposed Pretrial Order due by 12/28/2020. Pretrial Conference set for 1/5/2021 at 11:00 AM before Senior Judge Susan R Bolton. Trial (jury or bench to be determined) set for 1/12/2021 at 09:00 AM before Senior Judge Susan R Bolton [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 9/13/19. (MAW)
September 13, 2019 Filing 94 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: 10:02 AM Scheduling Conference held on 9/13/2019. Counsel Desmond Lee is not present. 10:04 AM Court stands at recess. 10:12 AM Reconvene. Counsel Desmond Lee is present telephonically. Based on the discussion held, the Court agrees to bifurcate liability and damages. The Case Management Order applies only to the liability phase. After hearing argument from counsel about the scope of disclosure, the Court orders Defendants to disclose extrinsic evidence because the Court cannot conclude that the relevant documents are unambiguous at this time and that extrinsic evidence as to their meaning will not be necessary. Deadlines discussed and entered. Scheduling Order to follow. A copy of the form of the Joint Proposed Pretrial Order is provided to counsel this date. 11:01 AM Court is adjourned. APPEARANCES: Pamina Ewing and Ruairi McDonnell for Plaintiffs. David Lubben and Richard Russo for Defendants. Desmond Lee (telephonically) for Cross Defendant Local 1914 Millwright. (Court Reporter Laurie Adams) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
September 13, 2019 Filing 93 TRANSCRIPT REQUEST by Local 1914 Millwright for proceedings held on 09/13/2019, Judge Susan R Bolton hearing judge(s). (Lee, Desmond)
September 11, 2019 Filing 92 * ANSWER to #89 Crossclaim by Arnold Contreras, Charles M Estrada, Celestino W Flores, Brenda Frazier, Gonzalo Frias, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Bernard Zornacki.(Ewing, Pamina) * Modified to clarify text on 9/12/2019 (LAD).
September 10, 2019 Remark: Pro hac vice motion(s) granted for Jay H Scholl on behalf of Cross Claimants ASARCO LLC, ASARCO LLC, ASARCO LLC, ASARCO Retiree Medical Plan, Counter Claimants ASARCO LLC, ASARCO LLC, ASARCO Retiree Medical Plan, Defendants ASARCO LLC, ASARCO Retiree Medical Plan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
September 6, 2019 Filing 91 REPORT of Rule 26(f) Planning Meeting by ASARCO LLC, ASARCO Retiree Medical Plan, Arnold Contreras, Charles M Estrada, Celestino W Flores, Brenda Frazier, Gonzalo Frias, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers(Plaintiffs/Cross-Defendants), Local 1914 Millwright(Plaintiffs/Cross-Defendants), Local 428 International Union of Operating Engineers(Plaintiffs/Cross-Defendants), Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiffs/Cross-Defendants), Local 518 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Local 519 International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada(Plaintiff/Cross-Defendants), Local International Association of Machinists and Aerospace Workers(Plaintiffs/Cross-Defendants), Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC(Plaintiffs/Cross-Defendants), Locals 518,570 and 602 International Brotherhood of Electrical Workers(Plaintiffs/Cross-Defendants), Tony M Meza, Millwrights and Machine Erectors Local 1607, Homer B Ortega, Joe D Rios, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Bernard Zornacki. (Attachments: #1 Exhibit A - Ds' Mandatory Initial Discovery Responses)(Ewing, Pamina)
August 28, 2019 Filing 90 *NOTICE of Attorney Withdrawal by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, . (Barrett, Gerald) *Modified to correct event type and remove filers on 8/29/2019 (EJA).
August 23, 2019 Filing 89 ANSWER to #88 Amended Complaint , CROSSCLAIM against Local 519 International Association of Machinists and Aerospace Workers, Homer B Ortega, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Arnold Contreras, Local 518 International Brotherhood of Electrical Workers, Local 428 International Union of Operating Engineers, Joe D Rios, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Charles M Estrada, Local International Association of Machinists and Aerospace Workers, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 1914 Millwright, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, COUNTERCLAIM against Local 519 International Association of Machinists and Aerospace Workers, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Arnold Contreras, Local 518 International Brotherhood of Electrical Workers, Local 428 International Union of Operating Engineers, Joe D Rios, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Charles M Estrada, Local International Association of Machinists and Aerospace Workers, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Celestino W Flores, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers, Local 1914 Millwright, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC by ASARCO Retiree Medical Plan, ASARCO LLC, ASARCO LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Part 1 of 5), #6 Exhibit 5 (Part 2 of 5), #7 Exhibit 5 (Part 3 of 5), #8 Exhibit 5 (Part 4 of 5), #9 Exhibit 5 (Part 5 of 5), #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14 (Part 1 of 2), #19 Exhibit 14 (Part 2 of 2), #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21)(Lubben, David)
August 2, 2019 Filing 88 AMENDED COMPLAINT Consolidated Class Action Complaint against ASARCO LLC, ASARCO LLC filed by Local 519 International Association of Machinists and Aerospace Workers, Locals 518,570 and 602 International Brotherhood of Electrical Workers, Tony M Meza, Arnold Contreras, Local 428 International Union of Operating Engineers, Charles M Estrada, Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Celestino W Flores, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers(Plaintiffs/Cross-Defendants), Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit A - July 9, 2003 Complaint Filed By ASARCO, #2 Exhibit B - Arizona District Court Summary Judgment Ruling Dated July 26, 2005, #3 Exhibit C - Arizona District Court Order Dated November 2, 2005, #4 Exhibit D - 2007 Basic Labor Agreement, #5 Exhibit E - 2007 Settlement Agreement, #6 Exhibit F - Proffer of Joseph Lapinsky in Support of 2007 BLA, #7 Exhibit G - Proffer of Edward Caine in Support of 2007 BLA, #8 Exhibit H - 2002 Ray Unit Settlement Agreement, #9 Exhibit I - Exhibit 6 to ASARCOs Texas Complaint, 2002 Ray Unit SPD, #10 Exhibit J - June 28, 2017 Administrative Law Judge Ruling)(Ewing, Pamina)
July 29, 2019 Opinion or Order Filing 87 ORDER - IT IS THEREFORE ORDERED granting the Unopposed Motion for Defendant Class Certification (Doc. 65, 2:18-cv-3534), The Class Representatives' Unopposed Motion for Class Certification (Doc. #75 , 2:18-cv-3495), and Plaintiff's Unopposed Amended Motion for Defendant Class Certification (Doc. 69, 2:19-cv-4393). IT IS FURTHER ORDERED certifying the above-defined subclasses, appointing the above-specified class representatives, and appointing Feinstein Doyle Payne & Kravec, LLC and Gerald Barrett as class counsel. (See document for further details). Signed by Senior Judge Susan R Bolton on 7/29/19. (LAD)
July 25, 2019 Opinion or Order Filing 86 ORDER granting #85 Unopposed Motion to Withdraw as Attorney. The Clerk is directed to remove Mr. Gillespie as counsel in this matter. Signed by Senior Judge Susan R Bolton on 7/25/19. (LAD)
July 24, 2019 Filing 85 MOTION to Withdraw as Attorney Joseph H. Gillespie (Unopposed) by Brenda Frazier, Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers, Local 428 International Union of Operating Engineers, Local 518 International Brotherhood of Electrical Workers, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers(Plaintiffs/Cross-Defendants), Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Locals 518,570 and 602 International Brotherhood of Electrical Workers, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
July 19, 2019 Opinion or Order Filing 84 ORDER - IT IS HEREBY ORDERED GRANTING the Unopposed Motion to Withdraw as Local Counsel for ASARCO LLC. The Clerk is directed to remove Ms. DePonte as counsel in this matter. (Doc. #81 ). Signed by Senior Judge Susan R Bolton on 7/19/19. (LAD)
July 18, 2019 Opinion or Order Filing 83 ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for September 13, 2019, at 10:00 a.m. in Courtroom 502, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/18/19. (MAW)
July 18, 2019 Filing 82 NOTICE re: of Withdrawal of Motion by ASARCO LLC . (Lubben, David)
July 18, 2019 Filing 81 MOTION to Withdraw as Attorney by Jennette DePonte by ASARCO LLC. (Attachments: #1 Text of Proposed Order)(Lubben, David)
July 17, 2019 Opinion or Order Filing 80 ORDER: In light of this Court's July 15, 2019 Order; IT IS ORDERED denying as moot Defendants' Unopposed Motion for Extension of Time to File Answer in CV18-03495 (Doc. #76 ) and Retirees' Unopposed Motion for Extension of Time to File Answer and Counterclaims in CV18-03534 (Doc. #67 ) and CV19-04393 (Doc. #72 ). Signed by Senior Judge Susan R Bolton on 7/17/19. (MAW)
July 16, 2019 Opinion or Order Filing 79 ORDER - IT IS HEREBY ORDERED granting Mr. Enoch's and Mr. Lubin's Uncontested Motion to Withdraw as Co-counsel (CV19-04393 Doc. 68) for Co-defendant Local Union 570, International Brotherhood of Electrical Workers, AFL-CIO. The Clerk of Court shall remove Mr. Enoch and Mr. Lubin as counsel in this matter. Signed by Senior Judge Susan R Bolton on 7/16/19. (LAD)
July 15, 2019 Opinion or Order Filing 78 ORDER - IT IS THEREFORE ORDERED denying ASARCO's Motion to Sever (Doc. #17 ,No. 2:18-cv-03495). IT IS FURTHER ORDERED granting the retirees' Motion to Consolidate Cases (Doc. #63 , No. 2:18-cv-03495). IT IS FURTHER ORDERED directing the Clerk of Court to consolidate the three above-captioned cases into Contreras and that the parties shall make all future filings under Case No. CV-18-03495-SRB. IT IS FURTHER ORDERED directing the Clerk to amend the caption of Contreras, CV-18-03495-SRB, to depict retirees and their unions as "Plaintiffs/Cross-Defendants" and ASARCO defendants as "Defendants/Cross-Plaintiffs." IT IS FURTHER ORDERED directing Plaintiffs/Cross-Defendants to file a consolidated complaint no later than August 2, 2019 and Defendants/Cross-Plaintiffs to file a consolidated answer and any cross-complaint no later than August 23, 2019. IT IS FURTHER ORDERED denying as moot the remainder of ASARCO's Motion to Dismiss and Motion for Judgment on the Pleadings (Doc. #15 , 2:18-cv-03495), ASARCO's Motion to Dismiss the Second Amended Complaint (Doc. 68, 2:18-cv-03495), ASARCO's Motion to Consolidate Cases and Renewed Motion to Sever Claims (Doc. #70 ,2:18-cv-03495; Doc. 64, 2:18-cv-03534; Doc. 67, 2:19-cv-04393). (See document for further details). Signed by Senior Judge Susan R Bolton on 7/15/19. (Associated Cases: 2:18-cv-03495-SRB, 2:18-cv-03534-SRB, 2:19-cv-04393-SRB) (LAD)
July 15, 2019 Filing 77 MEMORANDUM in Support of #75 MOTION to Certify Class The Class Representatives Unopposed Motion for Class Certification by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza. (Attachments: #1 2019-07-15 Decl.of P. Ewing ISO Unopposed Mtn for Class Cert, #2 Exhibit A - FDPK Firm Bio, #3 Exhibit B - Gerald Barrett Resume)(Ewing, Pamina)
July 15, 2019 Filing 76 MOTION for Extension of Time to File Answer re: #67 Notice (Other) Unopposed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Attachments: #1 Text of Proposed Order)(Lubben, David)
July 15, 2019 Filing 75 * MOTION to Certify Class The Class Representatives Unopposed Motion for Class Certification by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza (Attachments: #1 Text of Proposed Order)(Ewing, Pamina) *Modified to correct filers per phone call on 7/15/2019 (SLQ).
July 11, 2019 Filing 74 RESPONSE in Opposition re: #70 MOTION to Consolidate Cases and Renewed Motion to Sever Claims Pursuant to FRCP 21 filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 2019-07-11 Decl.of P. Ewing ISO The Retirees' Resp IOT Renewed Mtn to Saver, #2 Exhibit A - 2019-03-29 P's Rule 26(a)(1) Initial Disclosures, #3 Exhibit B - 2019-01-18 Defs. ASARCO Mandatory Initial Discovery Resp.)(Ewing, Pamina)
July 11, 2019 Filing 73 RESPONSE in Opposition re: #68 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint MOTION for Judgment on the Pleadings Second Amended Complaint filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 2019-07-11 Decl. of P. Ewing ISO The Retirees' Resp. IOT ASARCO's MTD Second Amended Complaint, #2 Exhibit A - Rule 16 Scheduling Order filed Apr. 12, 2004, #3 Exhibit B - Parties Joint Motion for Preliminary Approval of Settlement dated Jan. 22, 2007, #4 Exhibit C - Motion for Order Approving New CBA with Unions dated Jan. 22, 2007, #5 Exhibit D - Memorandum of Settlement dated Jun. 30, 2002)(Ewing, Pamina)
July 8, 2019 Filing 72 Additional Attachments to Main Document re: #67 Notice (Other) Index of Exhibits to Dkt 67-01 Plaintiffs' Second Amended Complaint by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit A - Arizona District Court Summary Judgment Ruling Dated July 26, 2005, #2 Exhibit B - Jan. 2007 Settlement Agreement Settling Arizona District Court Litigation, #3 Exhibit C - July 9, 2003 Complaint Filed By ASARCO Entities in Arizona District Court, #4 Exhibit D - Arizona District Court Order Dated November 2, 2005, #5 Exhibit E - January 1, 2007 BLA)(Ewing, Pamina)
July 8, 2019 Filing 71 MEMORANDUM in Support of #70 MOTION to Consolidate Cases and Renewed Motion to Sever Claims Pursuant to FRCP 21 by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
July 8, 2019 Filing 70 MOTION to Consolidate Cases and Renewed Motion to Sever Claims Pursuant to FRCP 21 by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Associated Cases: CV-18-3495-PHX-SRB, CV-18-3534-PHX-SRB, CV-19-4393-PHX-SRB) (Lubben, David)
July 8, 2019 Filing 69 MEMORANDUM in Support of #68 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint MOTION for Judgment on the Pleadings Second Amended Complaint by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
July 8, 2019 Filing 68 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint, MOTION for Judgment on the Pleadings Second Amended Complaint by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
July 2, 2019 Filing 67 NOTICE re: Notice of Filing of Second Amended Complaint and Forthcoming Renewal of The Parties Prior Briefing on ASARCOs Motion Under Rule 12(B)(6) by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC . (Attachments: #1 Exhibit A - Plaintiffs Second Amended Complaint, #2 Exhibit B - Second Amended Complaint with Marked Changes)(Ewing, Pamina)
June 28, 2019 Filing 66 REPLY to Response to Motion re: (63 in 2:18-cv-03495-SRB) MOTION to Consolidate Cases filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Associated Cases: 2:18-cv-03495-SRB, 2:18-cv-03534-SRB, 2:19-cv-04393-SRB) (Ewing, Pamina)
June 21, 2019 Filing 65 *RESPONSE to #63 Motion re: (63 in 2:18-cv-03495-SRB, 63 in 2:18-cv-03495-SRB) MOTION to Consolidate Cases filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Attachments: #1 Exhibit Transcript of 2.6.2019 hearing, #2 Exhibit Proffer of Terry Bonds, #3 Exhibit Transcript of 2.28.2007 hearing, #4 Exhibit 1986 Ray CBA, #5 Exhibit 1993 Ray CBA, #6 Exhibit 1996 Ray CBA, #7 Exhibit 2002 Ray CBA Part 1, #8 Exhibit 2002 Ray CBA Part 2) (Associated Cases: 2:18-cv-03495-SRB, 2:18-cv-03534-SRB, 2:19-cv-04393-SRB) (Lubben, David) *Modified on 6/24/2019 to add document linkage (MSA).
June 7, 2019 Filing 64 MEMORANDUM in Support of #63 MOTION to Consolidate Cases by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Decl. of Pamina Ewing, #2 Exhibit 1 - Motion for Expedited Hearing and Shortened Objection Deadline filed Jan. 22, 2007, #3 Exhibit 2 - Proffer of Edward Caine ISO Debtors CBA dated February 26, 2007, #4 Exhibit 3 - ASARCO Summary Plan Description dated July 1, 1993)(Ewing, Pamina)
June 7, 2019 Filing 63 MOTION to Consolidate Cases by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-18-03495-PHX-SRB,CV-18-03534-PHX-SRB,CV-19-04393-PHX-SRB) (Ewing, Pamina)
May 21, 2019 Filing 62 NOTICE of Errata re: #61 Notice (Other) by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.. (Attachments: #1 NDTX Order Granting Transfer to District of AZ)(Ewing, Pamina)
May 21, 2019 Filing 61 NOTICE re: Order Granting Transfer from the United States District Court for the Northern District of Texas by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC . (Ewing, Pamina)
April 2, 2019 Opinion or Order Filing 60 ORDER: IT IS ORDERED denying the Motion for Judgment on the Pleadings (Doc. #15 ). IT IS FURTHER ORDERED staying these matters and deferring any ruling on dismissal or severance (Docs. #15 & #17 ) until the Texas court rules on the pending motion to dismiss or transfer. IT IS FURTHER ORDERED directing the parties to file a copy of the Texas court's ruling as soon as it becomes available. The Court will schedule a status conference shortly thereafter [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 4/2/19. (MAW)
March 22, 2019 Opinion or Order Filing 59 ORDER: IT IS ORDERED denying Defendants' Motion to Strike Reply and Corrected Reply in Support of the Retirees' Motion to Schedule Rule 16 Conference and/or for Leave of Court to File Sur-Response (Doc. #51 ). Signed by Senior Judge Susan R Bolton on 3/22/19. (MAW)
March 22, 2019 Opinion or Order Filing 58 ORDER: IT IS ORDERED denying the Motion to Schedule Rule 16 Conference (Doc. #37 ) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/22/19. (MAW)
February 27, 2019 Filing 57 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Russo, Richard)
February 21, 2019 Filing 56 REPLY to Response to Motion re: #51 MOTION to Strike #46 Reply to Response to Motion, #47 Reply to Response to Motion or in the alternative for leave to file sur-response filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
February 15, 2019 Filing 54 RESPONSE to Motion re: #51 MOTION to Strike #46 Reply to Response to Motion, #47 Reply to Response to Motion or in the alternative for leave to file sur-response filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
February 14, 2019 Filing 53 Additional Attachments to Main Document re: #51 MOTION to Strike #46 Reply to Response to Motion, #47 Reply to Response to Motion or in the alternative for leave to file sur-response by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Clark, Abby)
February 14, 2019 Filing 52 *MEMORANDUM in support of #51 MOTION to Strike by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David) *Modified to correct event and text on 2/15/2019 (RMV).
February 14, 2019 Filing 51 MOTION to Strike #46 Reply to Response to Motion, #47 Reply to Response to Motion or in the alternative for leave to file sur-response by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
February 13, 2019 Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (Motion Hearing) Proceedings held on 02/6/2019, before Judge Susan R. Bolton. [Court Reporter Laurie A. Adams, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (RCO)
February 13, 2019 Filing 50 TRANSCRIPT REQUEST for Motion Hearing Held on 2/6/2019 by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC for proceedings held on 2/6/2019, Judge Susan R Bolton hearing judge(s). (Ewing, Pamina)
February 13, 2019 Filing 49 TRANSCRIPT REQUEST for 2/6/2019 Oral Argument by ASARCO LLC for proceedings held on 2/6/2019, Judge Susan R Bolton hearing judge(s). (Lubben, David)
February 12, 2019 Filing 48 NOTICE of Errata re: #46 Reply to Response to Motion (correcting a misstatement contained in the original Reply) by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.. (Ewing, Pamina)
February 12, 2019 Filing 47 *AMENDED REPLY to Response to Motion re: #37 MOTION Request for Expedited Ruling and to Schedule Rule 16 Conference for February 14, 2019, the Same Date as the Rule 16 Conference Previously Scheduled in the Related Second-Filed Case MOTION to Expedite Corrected Reply in Support of The Retirees Motion to Schedule Rule 16 Conference filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina) *Modified to clarify text on 2/13/2019 (RMV).
February 8, 2019 Filing 46 REPLY to Response to Motion re: #37 MOTION Request for Expedited Ruling and to Schedule Rule 16 Conference for February 14, 2019, the Same Date as the Rule 16 Conference Previously Scheduled in the Related Second-Filed Case MOTION to Expedite filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
February 6, 2019 Filing 45 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Motion Hearing held on 2/6/2019. Argument held. IT IS ORDERED taking under advisement #15 Motion to Dismiss and Motion for Judgment on the Pleadings and taking under advisement #17 Motion to Stay and/or Motion to Dismiss or Stay. APPEARANCES: Pamina Ewing for Plaintiffs. David Lubben and Richard Russo for Defendants. (Court Reporter Laurie Adams) Hearing held 10:01 AM to 11:05 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
February 5, 2019 Filing 44 NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
February 1, 2019 Filing 43 *RESPONSE in Opposition re: #37 MOTION Request for Expedited Ruling and to Schedule Rule 16 Conference for February 14, 2019, the Same Date as the Rule 16 Conference Previously Scheduled in the Related Second-Filed Case MOTION to Expedite filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Russo, Richard) *Modified to add filer and text on 2/4/2019 (RMV).
January 24, 2019 Filing 42 REPLY to Response to Motion re: #17 MOTION to Sever Pursuant to FRCP 21 and/or to Dismiss or Stay Pursuant to the First-to-File Rule and/or This Court's Inherent Authority to Manage Its Own Docket MOTION to Stay filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Attachments: #1 Exhibit Order requiring scheduling conference, #2 Exhibit Defendants motion to stay, #3 Exhibit MIS motion to stay)(Lubben, David)
January 24, 2019 Filing 41 REPLY to Response to Motion re: #15 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings MOTION for Judgment on the Pleadings filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
January 23, 2019 Filing 40 *NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza. (Ewing, Pamina) *Modified to add filer on 1/24/2019 (RMV).
January 22, 2019 Opinion or Order Filing 39 ORDER: IT IS ORDERED vacating the Rule 16 Scheduling Conference in CV18-03534-PHX-SRB previously set by Judge Humetewa on February 14, 2018 at 9:30 a.m. IT IS FURTHER ORDERED the Court will consider Plaintiffs' Request to Set Both CV18-3534-PHX-SRB and CV18-3495-PHX-SRB for Rule 16 Scheduling Conference after Plaintiffs' Motion to Schedule Rule 16 Conference filed in CV18-3495-PHX-SRB (Doc. #37 ) is fully briefed. IT IS FURTHER ORDERED denying Plaintiffs' Request for Expedited Ruling. Signed by Senior Judge Susan R Bolton on 1/22/19. (MAW)
January 21, 2019 Filing 38 MEMORANDUM in Support of #37 MOTION Request for Expedited Ruling and to Schedule Rule 16 Conference for February 14, 2019, the Same Date as the Rule 16 Conference Previously Scheduled in the Related Second-Filed Case by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
January 21, 2019 Filing 37 *MOTION Request for Expedited Ruling and to Schedule Rule 16 Conference for February 14, 2019, the Same Date as the Rule 16 Conference Previously Scheduled in the Related Second-Filed Case by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina). *Added MOTION to Expedite on 1/22/2019 (RMV).
January 18, 2019 Filing 36 NOTICE of Service of Discovery filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
January 18, 2019 Filing 35 NOTICE of Service of Discovery filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Lubben, David)
January 15, 2019 Filing 34 MINUTE ORDER: Motion Hearing set for 2/6/2019 at 10:00AM before Senior Judge Susan R Bolton as to #17 MOTION to Sever and/or Motion to Dismiss or Stay. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 14, 2019 Filing 33 MINUTE ORDER: Motion Hearing set for 2/6/2019 at 10:00AM before Senior Judge Susan R Bolton as to #15 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 10, 2019 Filing 32 DECLARATION of Pamina Ewing re: #31 Response in Opposition to Motion by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit 1 - 1-22-07 Jt. Emergency Motion for Preliminary Approval of Settlement, #2 Exhibit 2 - 1-22-07 ASARCO Motion for Order Approving Settlement, #3 Exhibit 3 - J. Lapinsky 2-27-07 Proffer in Support of Debtor's CBA, #4 Exhibit 4 - ASARCO 10-10-18 Letter to Retirees' Counsel, #5 Exhibit 5 - 12-28-18 Declaration of P. Ewing, #6 Exhibit 6 - 11-28-18 Declaration of P. Ewing, #7 Exhibit 7 - ASARCO's Opposition to Retirees' Motion to Dismiss or Transfer the TX case, #8 Exhibit 8 - 11-28-18 Declaration of Brenda Frazier, #9 Exhibit 9 - Retirees' 11-16-18 Motion to Dismiss or Transfer ASARCO's TX case, #10 Exhibit 10 - Memorandum in Support of Retirees' Motion to Dismiss ASARCO's TX case, #11 Exhibit 11 - Reply in Support of Retirees' Motion to Dismiss or Transfer ASARCO's TX case)(Ewing, Pamina)
January 10, 2019 Filing 31 RESPONSE in Opposition re: #17 MOTION to Sever Pursuant to FRCP 21 and/or to Dismiss or Stay Pursuant to the First-to-File Rule and/or This Court's Inherent Authority to Manage Its Own Docket MOTION to Stay Plaintiffs' Response in Opposition to Defendants' Motion to Sever filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
January 10, 2019 Filing 30 DECLARATION of Pamina Ewing re: #29 Response in Opposition to Motion by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit A - 4-9-2004 Rule 16 Scheduling Order, #2 Exhibit B - 1-22-07 Jt Motion for Preliminary Approval, #3 Exhibit C - 1-22-07 Mtn for Order Approving CBA, #4 Exhibit D - 6-30-02 Memorandum of Settlement)(Ewing, Pamina)
January 10, 2019 Filing 29 RESPONSE in Opposition re: #15 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings MOTION for Judgment on the Pleadings Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
January 2, 2019 Remark: Pro hac vice motion granted for Richard A Russo on behalf of ASARCO LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 24, 2018 Filing 28 Corporate Disclosure Statement by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan identifying Corporate Parent ASARCO USA, Inc., Corporate Parent ASARCO, Inc., Corporate Parent Americas Mining Group, Corporate Parent Grupo Mexico SAB de CV for ASARCO LLC. (Lubben, David)
December 21, 2018 Filing 27 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to ASARCO LLC and ASARCO LLC Union Employee Benefits Plan. (MAW)
December 20, 2018 Opinion or Order Filing 26 ORDER granting (9) Motion to Transfer Related Case in case 2:18-cv-03495-SRB. IT IS FURTHER ORDERED directing the Clerk to transfer CV18-03534-PHX-DJH to this Court. IT IS FURTHER that all future pleadings and papers submitted for filing shall bear the following complete case number: Case No. CV18-03534-PHX-SRB. Signed by Senior Judge Susan R Bolton on 12/20/18. (Associated Cases: 2:18-cv-03495-SRB, 2:18-cv-03534-DJH) (MSA)
December 7, 2018 Filing 25 DECLARATION of Pamina Ewing re: #9 MOTION to Transfer Related Case Plaintiffs' Motion to Transfer Related Second-Filed Declaratory Judgment Case Under Local Rule 42.1 by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit 1 - Motion for Order Approving New CBA with Unions including monetary obligations (Dkt #3617), #2 Exhibit 2 - Declarations of Manuel Armenta, Sr. dated October 30, 2018., #3 Exhibit 3 - Declaration of Troy Worrell dated November 14, 2018., #4 Exhibit 4 - Declaration of Michael Lee dated November 14, 2018., #5 Exhibit 5 - Declaration of Mark Casillas dated November 14, 2018., #6 Exhibit 6 - Declaration of Kenneth Small dated November 14, 2018., #7 Exhibit 7 - Declaration of Allen Kelley dated November 14, 2018., #8 Exhibit 8 - Declaration of Francisco Estrada dated November 14, 2018., #9 Exhibit 9 - Declaration of Gregory Romero dated November 14, 2018., #10 Exhibit 10 - Declaration of Lyle Murphy dated November 14, 2018., #11 Exhibit 11 - Declaration of Ruben J. Gonzales dated November 14, 2018., #12 Exhibit 12 - Declaration of Manuel Armenta, Jr. dated November 14, 2018., #13 Exhibit 13 - ASARCOs Northern District of Texas Civil Cover Sheet, #14 Exhibit 14 - Joint Emergency Motion for Preliminary Approval of Settlement (Dkt #3618))(Ewing, Pamina)
December 7, 2018 Filing 24 REPLY re: #9 MOTION to Transfer Related Case Plaintiffs' Motion to Transfer Related Second-Filed Declaratory Judgment Case Under Local Rule 42.1 by Plaintiffs Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Ewing, Pamina)
December 6, 2018 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 12/6/18. (MAW)
December 6, 2018 Remark: Pro hac vice motion granted for David G Lubben on behalf of defendants ASARCO LLC and ASARCO LLC Union Employee Benefits Plan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 4, 2018 Filing 22 Joint MOTION for Extension of Time to Extend Briefing Deadlines and Due Date for Mandatory Initial Discovery by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
December 3, 2018 Filing 21 RESPONSE to Motion re: #9 MOTION to Transfer Related Case Plaintiffs' Motion to Transfer Related Second-Filed Declaratory Judgment Case Under Local Rule 42.1 filed by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Clark, Abby)
December 3, 2018 Filing 20 ANSWER to #8 Amended Complaint & Affirmative Defenses by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan.(Clark, Abby)
December 3, 2018 Filing 19 Additional Attachments to Main Document re: #17 MOTION to Sever Pursuant to FRCP 21 and/or to Dismiss or Stay Pursuant to the First-to-File Rule and/or This Court's Inherent Authority to Manage Its Own Docket Proposed Order by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Clark, Abby)
December 3, 2018 Filing 18 MEMORANDUM in Support of #17 MOTION to Sever Pursuant to FRCP 21 and/or to Dismiss or Stay Pursuant to the First-to-File Rule and/or This Court's Inherent Authority to Manage Its Own Docket by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Attachments: #1 Exhibit Index & Exhibit 1, #2 Exhibit 2 (Part 1), #3 Exhibit 2 (Part 2), #4 Exhibit 2 (Part 3), #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Clark, Abby)
December 3, 2018 Filing 17 *MOTION to Sever Pursuant to FRCP 21 and/or MOTION to Dismiss or Stay Pursuant to the First-to-File Rule and/or This Court's Inherent Authority to Manage Its Own Docket by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Clark, Abby). Added MOTION to Stay on 12/4/2018 (MSA).
December 3, 2018 Filing 16 MEMORANDUM in Support of #15 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings by Defendants ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Attachments: #1 Exhibit Index & Exhibit A)(Clark, Abby)
December 3, 2018 Filing 15 *MOTION to Dismiss for Failure to State a Claim and MOTION for Judgment on the Pleadings by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Clark, Abby). *Added MOTION for Judgment on the Pleadings on 12/4/2018 (MSA).
November 27, 2018 Filing 14 SERVICE EXECUTED filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC: Affidavit of Service re: Summons, Class Action Complaint, General Order 17-08, Corporate Disclosure Statement upon ASARCO LLC Union Employee Benefits Plan on 11/19/2018. (Barrett, Gerald)
November 27, 2018 Filing 13 SERVICE EXECUTED filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC: Affidavit of Service re: Summons, Complaint, General Order 17-08, Corporate Disclosure Statement, Class Action Complaint upon ASARCO LLC on 11/07/2018. (Barrett, Gerald)
November 27, 2018 Filing 12 SERVICE EXECUTED filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC: Affidavit of Service re: Amended Class Action Complaint, Motion to Transfer, Brief in Support of Motion to Transfer upon ASARCO, LLC Union Employee Benefits Plan on 11/19/2018. (Barrett, Gerald)
November 27, 2018 Filing 11 SERVICE EXECUTED filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC: Affidavit of Service re: Amended Class Action Complaint, Motion to Transfer, Brief in Support of Motion to Transfer upon ASARCO LLC on 11/19/2018. (Barrett, Gerald)
November 16, 2018 Filing 10 *BRIEF in Suport of #9 Motion to Transfer Related Second-Filed Declaratory Judgment Case Under Local Rule 42.1 by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC . (Hurt, Joel) *Modified on 11/19/2018 to correct event and add document linkage (MSA).
November 16, 2018 Filing 9 MOTION to Transfer Related Case Plaintiffs' Motion to Transfer Related Second-Filed Declaratory Judgment Case Under Local Rule 42.1 by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-18-03534-DMF) (Hurt, Joel)
November 16, 2018 Filing 8 AMENDED COMPLAINT against ASARCO LLC, ASARCO LLC Union Employee Benefits Plan filed by Celestino W Flores, Arnold Contreras, Charles M Estrada, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Attachments: #1 Exhibit A - 7-26-2005 AZ Summary Judgment Ruling, #2 Exhibit B - Jan 2007 Settlement Agreement, #3 Exhibit C - 7-9-2003 ASARCO Complaint, #4 Exhibit D - 11-4-2005 Court Order, #5 Exhibit E - 1-1-2007 Agreement)(Hurt, Joel)
November 15, 2018 Remark: Pro hac vice motion granted for David R Jury on behalf of plaintiff United Steelworkers. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 14, 2018 Remark: Pro hac vice motion granted for Maneesh Sharma on behalf of United Steelworkers. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 13, 2018 Filing 7 SERVICE EXECUTED filed by Arnold Contreras, Charles M Estrada, Celestino W Flores, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC: Affidavit of Service re: Summons, Complaint, Corporate Disclosure Statement, Order upon ASARCO LLC on November 7, 2018. (Barrett, Gerald)
November 6, 2018 Remark: Pro hac vice motion granted for Joel R Hurt on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 6, 2018 Remark: Pro hac vice motion granted for Ruairi McDonnell on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 2, 2018 Remark: Pro Hac Vice Motion granted for Pamina Ewing and William T. Payne on behalf of Arnold Contreras; Tony M. Meza; Charles M. Estrada; and Celestino W. Flores, on behalf of themselves and all other personssimilarly situated; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service WorkersInternational Union, AFL-CIO/CLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)
October 25, 2018 Opinion or Order Filing 6 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Senior Judge Susan R Bolton on 10/25/18. (MAW)
October 25, 2018 Filing 5 Summons Issued as to ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Attachments: #1 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
October 25, 2018 Filing 4 Filing fee paid, receipt number 0970-16119539. This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-18-03495-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
October 25, 2018 Filing 3 SUMMONS Submitted by ASARCO LLC, ASARCO LLC Union Employee Benefits Plan. (Barrett, Gerald) (Attachments: #1 Summons)(MCO)
October 25, 2018 Filing 2 Corporate Disclosure Statement by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Barrett, Gerald) (MCO)
October 25, 2018 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16119539 filed by Celestino W Flores, Arnold Contreras, Charles M Estrada, Tony M Meza, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. (Barrett, Gerald) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(MCO)

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Search for this case: Contreras et al v. ASARCO LLC et al
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Defendant: ASARCO LLC
Represented By: David George Lubben
Represented By: Abby J Clark
Represented By: Richard A Russo
Represented By: Jay H Scholl
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Defendant: ASARCO LLC Union Employee Benefits Plan
Represented By: David George Lubben
Represented By: Abby J Clark
Represented By: Richard A Russo
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Defendant: ASARCO Retiree Medical Plan
Represented By: Abby J Clark
Represented By: David George Lubben
Represented By: Jay H Scholl
Represented By: Richard A Russo
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Plaintiff: Arnold Contreras
Represented By: Gerald Barrett
Represented By: William T Payne
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
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Plaintiff: Celestino W Flores
Represented By: Gerald Barrett
Represented By: William T Payne
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
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Plaintiff: Charles M Estrada
Represented By: Gerald Barrett
Represented By: William T Payne
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
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Plaintiff: Tony M Meza
Represented By: Gerald Barrett
Represented By: William T Payne
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
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Plaintiff: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
Represented By: Gerald Barrett
Represented By: Mariana Padias
Represented By: William T Payne
Represented By: Pamina G Ewing
Represented By: David Ronald Jury
Represented By: Maneesh Sharma
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
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Plaintiff: Homer B Ortega
Represented By: Joel R Hurt
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
Represented By: Gerald Barrett
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Plaintiff: Joe D Rios
Represented By: Gerald Barrett
Represented By: Ruairi McDonnell
Represented By: William T Payne
Represented By: Joel R Hurt
Represented By: Pamina G Ewing
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Cross defendant: Local 1914 Millwright
Represented By: Desmond C Lee
Represented By: Daniel Martin Shanley
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Cross defendant: Local 627 Boilermakers, Iron Shipbuilders, Blacksmith, Forger and Helpers
Represented By: Joseph H Gillespie
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
Represented By: Joel R Hurt
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Cross defendant: Locals 518,570 and 602 International Brotherhood of Electrical Workers
Represented By: David George Lubben
Represented By: Joel R Hurt
Represented By: Joseph H Gillespie
Represented By: Nicholas Jason Enoch
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Gonzalo Frias
Represented By: Gerald Barrett
Represented By: Joel R Hurt
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Local 428 International Union of Operating Engineers
Represented By: Joel R Hurt
Represented By: Joseph H Gillespie
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Local 104 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers
Represented By: Joel R Hurt
Represented By: Joseph H Gillespie
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada
Represented By: Joel R Hurt
Represented By: Gerald Barrett
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Local International Association of Machinists and Aerospace Workers
Represented By: Pamina G Ewing
Represented By: Gerald Barrett
Represented By: Joel R Hurt
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada
Represented By: Pamina G Ewing
Represented By: Joel R Hurt
Represented By: Ruairi McDonnell
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Cross defendant: Local 519 International Association of Machinists and Aerospace Workers
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
Represented By: Pamina G Ewing
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Cross defendant: Brenda Frazier
Represented By: Joseph H Gillespie
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
Represented By: William T Payne
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Cross defendant: Bernard Zornacki
Represented By: Gerald Barrett
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: Joel R Hurt
Represented By: William T Payne
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Cross defendant: Local Unions 886-02,915 and 5252 United Steelworkers of America, AFL-CIO/CLC
Represented By: Gerald Barrett
Represented By: Joel R Hurt
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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Cross defendant: Millwrights Local
Represented By: Daniel Martin Shanley
Represented By: Desmond C Lee
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Cross defendant: Millwrights and Machine Erectors Local 1607
Represented By: Desmond C Lee
Represented By: Yuliya S Mirzoyan
Represented By: Daniel Martin Shanley
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Counter defendant: Local 518 International Brotherhood of Electrical Workers
Represented By: Gerald Barrett
Represented By: Joel R Hurt
Represented By: Pamina G Ewing
Represented By: Ruairi McDonnell
Represented By: William T Payne
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