PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA et al v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS
| DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA and DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA |
| PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA |
| INTERNATIONAL BROTHERHOOD OF TEAMSTERS |
| 1:2023cv01872 |
| June 27, 2023 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Labor: Other |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting Plaintiffs' #18 Unopposed Motion to Consolidate Hearing on the Merits of Plaintiffs' Complaint with the Preliminary Injunction Hearing, granting #20 Defendant's Opposed Motion to Postpone Hearing, vacating hearing currently scheduled for August 23, 2023, and directing the parties to file a joint status report within three days of the arbitrator's decision. See Order for details. Signed by Judge Timothy J. Kelly on 8/22/2023. (lctjk3)
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| Filing 21 RESPONSE re #20 MOTION Postponement of Hearing filed by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Benz, Steven) |
| Filing 20 MOTION Postponement of Hearing by INTERNATIONAL BROTHERHOOD OF TEAMSTERS. (Attachments: #1 Proposed Order)(Dumont, Gabriel) |
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MINUTE ORDER: Upon consideration of Defendant's opposed motion to postpone the preliminary-injunction hearing currently scheduled for tomorrow, August 23, 2023, ECF No. 20, it is hereby ORDERED that Plaintiffs shall file any response to the motion by today, August 22, 2023, at 5:00 p.m. Signed by Judge Timothy J. Kelly on 8/22/2023. (lctjk3)
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| Filing 19 REPLY to opposition to motion re #3 MOTION for Preliminary Injunction filed by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Exhibit 1 - Arbitration Tr. (Szymanski), #2 Exhibit 2 - Arbitration Tr. (Zuckerman), #3 Exhibit 3 - Arbitration Tr. (IBT Opening), #4 Declaration of Patrick Szymanski, #5 Declaration of Kurt Freeman, #6 Exhibit A to Freeman Declaration)(Benz, Steven) |
| Filing 18 Unopposed MOTION to Consolidate Hearing on the Merits of Plaintiffs' Complaint with the Preliminary Injunction Hearing by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Benz, Steven) |
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MINUTE ORDER granting Plaintiffs' #17 Unopposed Motion for Extension of Time. Upon consideration of Plaintiffs' #17 Unopposed Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall file any reply in support of their #3 Motion for a Preliminary Injunction by August 16, 2023. Signed by Judge Timothy J. Kelly on 8/11/2023. (lctjk3)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Preliminary Injunction by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Benz, Steven) |
| Filing 16 Memorandum in opposition to re #3 Motion for Preliminary Injunction,, filed by INTERNATIONAL BROTHERHOOD OF TEAMSTERS. (Feinberg, Michael) |
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MINUTE ORDER granting the parties' #15 Joint Motion to Modify Briefing Schedule and Enlarge Time to Answer. Upon consideration of the parties' #15 Joint Motion to Modify Briefing Schedule and Enlarge Time to Answer, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiffs' #3 Motion for a Preliminary Injunction by August 7, 2023, and Plaintiffs shall reply by August 14, 2023. Plaintiffs shall answer or otherwise respond to Defendant's counterclaim, see ECF No. 14 at 13-21, within 21 days of the date the Court resolves Plaintiffs' #3 Motion for a Preliminary Injunction. That 21-day period shall be calculated according to Federal Rule of Civil Procedure 6(a)(1). Signed by Judge Timothy J. Kelly on 7/20/2023. (lctjk3)
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| Filing 15 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Counterclaim, Joint MOTION to Modify Briefing Schedule by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Benz, Steven) |
| Filing 14 ANSWER to Complaint , COUNTERCLAIM against PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA by INTERNATIONAL BROTHERHOOD OF TEAMSTERS. (Attachments: #1 Exhibit A)(Feinberg, Michael) |
| Filing 13 NOTICE of Appearance by Michael A. Feinberg on behalf of INTERNATIONAL BROTHERHOOD OF TEAMSTERS (Feinberg, Michael) |
| Filing 12 NOTICE of Appearance by Gabriel O. Dumont, Jr on behalf of INTERNATIONAL BROTHERHOOD OF TEAMSTERS (Dumont, Gabriel) (Main Document 12 replaced on 7/6/2023) (zed). |
| Filing 11 NOTICE of Appearance by Kyle Matthew Wood on behalf of All Plaintiffs (Wood, Kyle) |
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MINUTE ORDER: For the reasons discussed at the July 5, 2023, status conference, it is hereby ORDERED that the following schedule shall govern proceedings on Plaintiffs' #3 Motion for a Preliminary Injunction: Defendant shall file its response by July 31, 2023; Plaintiffs shall file their reply by August 7, 2023; and the parties shall appear for a hearing on the motion on August 23, 2023, at 10:00 a.m. in Courtroom 11. Signed by Judge Timothy J. Kelly on 7/5/2023. (lctjk3)
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| Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephone Conference held on 7/5/2023. Order to be entered by the court. Defendant's Response due by 7/31/2023. Plaintiffs' Reply due by 8/7/2023. Preliminary Injunction Hearing set for 8/23/2023 at 10:00 AM in Courtroom 11 before Judge Timothy J. Kelly. (Court Reporter: Timothy Miller) (zkh) |
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MINUTE ORDER granting Attorney Kyle M. Wood's #6 Motion for Admission Pro Hac Vice. It is hereby ORDERED that Attorney Kyle M. Wood is admitted pro hac vice to appear in this matter on behalf of Plaintiffs Printing Packaging & Production Workers Union of North America; District Council 2, Printing Packaging & Production Workers Union of North America; and District Council 3, Printing Packaging & Production Workers Union of North America. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Timothy J. Kelly on 7/5/2023. (lctjk3)
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| Filing 10 NOTICE of Appearance by Mark Hirschboeck on behalf of DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA (Hirschboeck, Mark) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNATIONAL BROTHERHOOD OF TEAMSTERS served on 6/28/2023, answer due 7/19/2023 (Benz, Steven) |
| NOTICE OF ERROR regarding #7 Certificate of Service. The following error(s) need correction: Incorrect event. Please refile using the correct event under "Service of Process" and select the appropriate event. (ztth) |
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Filing 8
STIPULATED ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 6/30/2023. (lctjk2)
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| Filing 7 ENTERED IN ERROR.....CERTIFICATE OF SERVICE by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA . (Benz, Steven); Modified on 7/3/2023 (ztth). |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kyle M. Wood, Filing fee $ 100, receipt number ADCDC-10176998. Fee Status: Fee Paid. by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Declaration of Kyle M. Wood in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A to Wood Declaration, #3 Exhibit B to Wood Declaration, #4 Certificate of Good Standing, #5 Text of Proposed Order)(Benz, Steven) |
| Case randomly reassigned to Judge Timothy J. Kelly pursuant to Minute Order dated 6/30/2023. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) |
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MINUTE ORDER: Upon consideration of Plaintiffs' #3 Motion for a Preliminary Injunction, it is hereby ORDERED that the parties shall confer about a briefing schedule and potential hearing dates for the #3 Motion. It is further ORDERED that the parties shall appear on July 5, 2023, at 10:00 a.m. for a telephonic status conference. The parties shall contact the Courtroom Deputy at (202) 354-3387 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 6/30/2023. (lctjk2)
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MINUTE ORDER: Plaintiffs filed a Notice of Related Case, designating this action as related to a case previously before this Court, Graphic Communications Conference of the International Brotherhood of Teamsters v. International Brotherhood of Teamsters ("GCC v. IBT") (22-cv-3484). GCC v. IBT is no longer pending before the Court as plaintiff GCC dismissed the action without prejudice. As a result, the instant case could be related only if it "involv[es] the same parties and relat[es] to the same subject matter" as the prior litigation. See LCvR 40.5(a)(4). Neither requirement is met here. First, the parties to the two actions must be "identical." Wilderness Soc'y v. Bernhardt, No. CV 20-1176 (BAH), 2020 WL 2849635, at *2 (D.D.C. June 2, 2020). Plaintiffs here include two District Councils that were absent from the prior litigation. The cases also involve different subject matter. The dispute in GCC v. IBT concerned whether the Merger Agreement between the parties mandated that the parties' dispute over IBT's unilateral termination of the agreement be submitted to arbitration. Here, Plaintiffs seek an injunction preventing IBT from asserting authority or jurisdiction over them and declaratory judgment that one of the plaintiffs, PPPWU, is a distinct union with no affiliation to IBT. Although there is some factual overlap between the cases, they involve distinct legal issues and claims. Accordingly, the Court hereby directs that the case be transferred to the Calendar and Case Management Committee for random reassignment. SO ORDERED by Judge Christopher R. Cooper on 06/30/2023. (lccrc3)
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MINUTE ORDER: Upon consideration of the parties' #4 Joint Motion for Order Pending Resolution of Plaintiffs' Motion for Preliminary Injunction, it is hereby ORDERED that the #4 Joint Motion is GRANTED. Signed by Judge Timothy J. Kelly on 6/30/2023. (lctjk2)
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| Filing 5 SUMMONS (1) Issued Electronically as to INTERNATIONAL BROTHERHOOD OF TEAMSTERS. (Attachments: #1 Notice and Consent)(znmw) |
| Case Assigned to Judge Christopher R. Cooper. (znmw) |
| Filing 4 Joint MOTION for Order Pending Resolution of Plaintiffs' Motion for Preliminary Injunction by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Benz, Steven) |
| Filing 3 MOTION for Preliminary Injunction by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction, #2 Declaration of Kurt Freeman, #3 Exhibit A to Freeman Declaration, #4 Declaration of Clark Ritchey, #5 Declaration of Israel Castro, #6 Declaration of John Quimby, #7 Text of Proposed Order)(Benz, Steven) |
| Filing 2 NOTICE OF RELATED CASE by DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. Case related to Case No. 22-cv-03484. (Benz, Steven) |
| Filing 1 COMPLAINT against INTERNATIONAL BROTHERHOOD OF TEAMSTERS ( Filing fee $ 402 receipt number ADCDC-10168242) filed by PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA, DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA. (Attachments: #1 Exhibit A - GCIU IBT Merger Agreement, #2 Exhibit B - 2022 12 09 PI Hearing Transcript, #3 Exhibit C - 2023 06 14 IBT Letter, #4 Exhibit D - 2023 06 16 IBT Letter, #5 Exhibit E - 2023 06 19 PPPWU Letter, #6 Exhibit F - 2023 06 22 IBT Response Letter, #7 Civil Cover Sheet, #8 Summons)(Benz, Steven) |
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| Counter defendant: PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA | |
| Represented By: | Steven F. Benz |
| Represented By: | Mark Hirschboeck |
| Represented By: | Kyle Matthew Wood |
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| Plaintiff: DISTRICT COUNCIL 2, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA | |
| Represented By: | Steven F. Benz |
| Represented By: | Kyle Matthew Wood |
| Represented By: | Mark Hirschboeck |
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| Plaintiff: DISTRICT COUNCIL 3, PRINTING PACKAGING & PRODUCTION WORKERS UNION OF NORTH AMERICA | |
| Represented By: | Steven F. Benz |
| Represented By: | Kyle Matthew Wood |
| Represented By: | Mark Hirschboeck |
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| Counter claimant: INTERNATIONAL BROTHERHOOD OF TEAMSTERS | |
| Represented By: | Gabriel O. Dumont, Jr. |
| Represented By: | Michael A. Feinberg |
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