Contreras et al v. ASARCO LLC et al
Plaintiff: Arnold Contreras, Celestino W Flores, Charles M Estrada, Tony M Meza and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
Defendant: ASARCO LLC and ASARCO LLC Union Employee Benefits Plan
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: 28:1132
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
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 Ruairi McDonnell 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 Joel R Hurt 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
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Defendant: ASARCO LLC Union Employee Benefits Plan
Represented By: David George Lubben
Represented By: Abby J Clark
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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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