ASARCO LLC v. United Steelworkers of America, AFL-CIO/CLC, et., al.
| ASARCO LLC |
| Local 2181 International Assocation of Machinists and Aerospace Workers, Local 518 International Brotherhood of Electrical Workers, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Gonzalo Frias, Bernard Zornacki, Local 1914 Millwright, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 2181 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 and Local 519 International Association of Machinists and Aerospace Workers |
| 2:2018cv03534 |
| October 25, 2018 |
| US District Court for the District of Arizona |
| Susan R Bolton |
| Deborah M Fine |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1002 |
| None |
Docket Report
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Filing 40
ORDER: This case having been transferred to this Court on December 20, 2018; IT IS ORDERED denying as moot Defendants' Motion to Stay all Proceedings Pending Ruling From Judge Bolton on Local Rule 42.1 Motion to Transfer (Doc. #31 ). Signed by Senior Judge Susan R Bolton on 12/21/18. (MAW)
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Filing 39
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)
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| Filing 38 *REPLY to Response to Motion re: #31 MOTION to Stay Moving Defendants Motion to Stay All Proceedings Pending Ruling from Judge Bolton On Local Rule 42.1 Motion to Transfer by Defendants Gonzalo Frias, International Association of Machinists and Aerospace Workers Local 519, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Ewing, Pamina) *Modified to correct event type on 12/20/2018 (EJA). |
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Filing 37
ORDER granting #33 the Parties' Joint Motion to Extend Briefing Deadlines and Due Date for Mandatory Initial Discovery. IT IS ORDERED allowing Plaintiffs up to and including 1/10/2019 to respond to Defendants' Motion to Dismiss (Doc. #34 ); allowing Defendants up to an including 1/24/2019 to reply to any response to Defendants' Motion to Dismiss; and allowing the Parties up to an including 1/18/2019 to provide their mandatory initial discovery responses. Signed by Judge Diane J. Humetewa on 12/14/2018. (RMW)
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| Filing 36 RESPONSE in Opposition re: #31 MOTION to Stay Moving Defendants Motion to Stay All Proceedings Pending Ruling from Judge Bolton On Local Rule 42.1 Motion to Transfer filed by ASARCO LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lubben, David) |
| Filing 35 *MEMORANDUM in Support of #34 MOTION to Dismiss Case by Defendants Gonzalo Frias, International Association of Machinists and Aerospace Workers Local 519, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Attachments: #1 Declaration of Pamina Ewing In Support of The Moving Defendants Motion to Dismiss, #2 Exhibit 1 - ASARCOs First Arizona Dist. Court Complaint filed July 9, 2003, #3 Exhibit 2 - Arizona Dist. Courts Order Denying MSJ dated July 26, 2005, #4 Exhibit 3 - Arizona District Courts Transfer Order dated November 2, 2005, #5 Exhibit 4 - ASARCO's Northern District of Texas Complaint filed October 23, 2018, #6 Exhibit 5 - Ltr to William Payne re - ASARCO Medicare-Eligible Ret. Health Benefits dated Oct. 10, 2018, #7 Exhibit 6 - Amended Class Action Complaint filed November 16, 2018, #8 Exhibit 7 - Exhibit 6 to ASARCOs Texas Complaint, 2002 Ray SPD, #9 Exhibit 8 - Exhibit 1 to ASARCOs Texas Complaint, 2007 BLA, #10 Exhibit 9 - Exhibit 4 to ASARCOs Texas Complaint, 2013 Extension Agreement, #11 Exhibit 10 - Exhibit 5 to ASARCOs Texas Complaint, 2015 BLA Termination Notices, #12 Exhibit 11 - Exhibit 7 to ASARCOs Texas Complaint, 2019 SPD, #13 Exhibit 12 - Decl of P. Ewing ISO Ds' Transfer Brief in Texas Case, #14 Exhibit 13 - Exhibit 1 to The Moving Defs' MTD in Texas Case, Decl. of Def. Brenda Frazier)(Ewing, Pamina) *Modified to correct event type on 12/6/2018 (EJA). |
| Filing 34 MOTION to Dismiss Case by Gonzalo Frias, International Association of Machinists and Aerospace Workers Local 519, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina) |
| Filing 33 MOTION for Extension of Time to Extend Briefing Deadlines and Due Date for Mandatory Initial Discovery by Gonzalo Frias, International Association of Machinists and Aerospace Workers Local 519, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina) |
| Filing 32 BRIEF re: #31 MOTION to Stay Moving Defendants Motion to Stay All Proceedings Pending Ruling from Judge Bolton On Local Rule 42.1 Motion to Transfer by Defendants Gonzalo Frias, International Association of Machinists and Aerospace Workers Local 519, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Ewing, Pamina) |
| Filing 31 MOTION to Stay Moving Defendants Motion to Stay All Proceedings Pending Ruling from Judge Bolton On Local Rule 42.1 Motion to Transfer by Gonzalo Frias, International Association of Machinists and Aerospace Workers Local 519, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina) |
| Filing 30 Summons Issued as to International Association of Machinists and Aerospace Workers Local 519. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 29 SUMMONS Submitted by ASARCO LLC. (Lubben, David) |
| Filing 28 Summons Issued as to United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 27 NOTICE TO FILER OF DEFICIENCY re: #24 Summons Submitted filed by ASARCO LLC. Scanned summons already issued 10/30/2018. FOLLOW-UP ACTION REQUIRED: Please resubmit new summons form. 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. (BAS) |
| Filing 26 NOTICE re: Service of Court Order on Defendants by ASARCO LLC re: #22 Order re Rule 12(b) Motions . (Lubben, David) |
| Filing 25 SUMMONS Submitted by ASARCO LLC. (Lubben, David) |
| Filing 24 SUMMONS Submitted by ASARCO LLC. (Lubben, David) |
| Filing 23 AMENDED COMPLAINT against Gonzalo Frias, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, Local 1914 Millwright, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki, International Association of Machinists and Aerospace Workers Local 519, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 469 filed by ASARCO LLC.(Lubben, David) |
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Filing 22
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. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 11/19/2018. (LFIG)
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| Remark: Pro hac vice motions granted for Joel Hurt, Pamina Ewing, Ruairi McDonnell and William Payne on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 21
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for 2/14/2019 at 09:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J. Humetewa. (See attached Order for further information.) Signed by Judge Diane J. Humetewa on 11/15/2018. (RMW)
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| Filing 20 NOTICE of Appearance by Gerald Barrett on behalf of Gonzalo Frias, Local 2181 International Association of Machinists and Aerospace Workers, Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 518 International Brotherhood of Electrical Workers, Local 1914 Millwright, Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC, Bernard Zornacki. (Barrett, Gerald) |
| Filing 19 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon Millwright Local 1914 on 11/7/2018. (Lubben, David) |
| Filing 18 Service Returned Unexecuted by ASARCO LLC : Summons and Complaint as to United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 741. (Attachments: #1 Affidavit)(Lubben, David) |
| Filing 17 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon United Steelworkers of America AFL-CIO/CLC, Local 915 on 11/10/2018. (Lubben, David) |
| Filing 16 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon International Brotherhood of Electrical Workers, Local 518 on 11/5/2018. (Lubben, David) |
| Filing 15 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon International Association of Machinists and Aerospace Workers, Loca, 2181 on 11/8/2018. (Lubben, David) |
| Filing 14 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 627 on 11/5/2018. (Lubben, David) |
| Filing 13 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint upon International Brotherhood of Electrical Workers, Local 518 on 11/5/2018. (Lubben, David) |
| Filing 12 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon Gonzalo Frias on 11/5/2018. (Lubben, David) |
| Filing 11 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon Bernard Zornacki on 11/5/2018. (Lubben, David) |
| Filing 10 SERVICE EXECUTED filed by ASARCO LLC: Affidavit of Service re: Summons and Complaint and Notice of Consent to Exercise of Jurisdiction by Magistrate Judge upon Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC on 11/1/2018. (Lubben, David) *Modified text on 11/13/2018 (DXD). |
| Filing 9 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-18-3534-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 8 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 SUMMONS Submitted by ASARCO LLC. (Attachments: #1 Summons USW Local 886, #2 Summons USW Local 915, #3 Summons USW Local 5252, #4 Summons IAMAW Local 2181, #5 Summons IBEW Local 518, #6 Summons Pipefitters Local 741, #7 Summons Boilermakers Local 627, #8 Summons Millwright Local 1914, #9 Summons Bernard Zornacki, #10 Summons Gonzalo Frias)(Clark, Abby) |
| Remark: Pro hac vice motion granted for David Lubben on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 4 NOTICE re: Notice of Related Civil Action by ASARCO LLC . (Clark, Abby) |
| Filing 3 Filing fee paid, receipt number 0970-16121077. This case has been assigned to the Honorable Deborah M. Fine. All future pleadings or documents should bear the correct case number: CV 18-03534-PHX-DMF. Magistrate Election form attached. (BAR) |
| Filing 2 Corporate Disclosure Statement by ASARCO LLC. (Clark, Abby) (BAR) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16121077 filed by ASARCO LLC. (Clark, Abby) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Index plus A, part 1, #3 Exhibit A, part 2, #4 Exhibit B-E, #5 Exhibit F-L)(BAR) |
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| Search for this case: ASARCO LLC v. United Steelworkers of America, AFL-CIO/CLC, et., al. | |
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| Defendant: Local 2181 International Assocation of Machinists and Aerospace Workers | |
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| Defendant: Local 518 International Brotherhood of Electrical Workers | |
| 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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| Defendant: Local Unions 886-02, 915 and 5252 United Steelworkers of America, AFL-CIO/CLC | |
| 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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| Defendant: Local 741 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada | |
| 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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| Defendant: Gonzalo Frias | |
| 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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| 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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| Defendant: Local 1914 Millwright | |
| 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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| Defendant: Local 627 International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers | |
| 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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| Defendant: Local 2181 International Association of Machinists and Aerospace Workers | |
| 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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| 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 |
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| Defendant: Local 519 International Association of Machinists and Aerospace Workers | |
| Represented By: | Pamina G Ewing |
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| Plaintiff: ASARCO LLC | |
| Represented By: | Abby J Clark |
| Represented By: | David George Lubben |
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