Hitterman v. List Industries, Inc.
| Regional Director Paul Hitterman and Paul Hitterman |
| List Industries, Inc. |
| 2:2021cv00395 |
| December 21, 2021 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Philip P Simon |
| Labor: Other |
| None |
Docket Report
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This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.
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Filing 45
ORDER DIRECTING the Clerk to administratively close this action. The injunction order [DE 43] remains in effect pending the final disposition of matters pending before the National Labor Relations Board. The parties may seek to reopen this case in the event that disputes arise pertaining to the enforcement of the Courts order prior to the Boards final ruling on the merits. Signed by Judge Philip P Simon on 8/22/22. (mlc)
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Filing 44
NOTICE by List Industries, Inc. Notice of Filing Affidavit (Attachments: #1 Affidavit Eric Bello)(Holshouser PHV, Eric)
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Filing 43
OPINION AND ORDER: The Director's Petition #1 is therefore GRANTED. The Director's motion to try the injunction based on the administrative record #3 is DENIED AS MOOT. Finally, on 4/21/2022, the Director filed a Motion to Supplement the Record with the Administrative Law Judges Decision, #33 ; [DE 33-1]. List does not object to its introduction into the record. [DE 38 at 1]. The Directors Motion #33 is therefore GRANTED. Signed by Judge Philip P Simon on 7/11/2022. (shk)
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Filing 42
BRIEF re 39 Motion Hearing,, Question of Whether the Court has Authority to Order a Rerun Election. (Lufkin PHV, Michael)
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Filing 41
CERTIFICATE OF SERVICE by Paul Hitterman re 39 Motion Hearing,, #40 Brief (Other) Certificate of Service for Petitioner's Reply Brief to the Question of Whether the Court Has Authority to Order a Re-run Election (Hill, Christina)
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Filing 40
BRIEF re 39 Motion Hearing,, Petitioner's Reply to the Question of Whether the Court Has Authority to Order a Re-run Election. (Hill, Christina)
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Filing 39
MOTION HEARING held on 5/26/2022 re #1 MOTION for Preliminary Injunction filed by Paul Hitterman before Judge Philip P Simon. Pla appeared by atty Christina Hill. Atty Emily O'Neill appears by telephone. Dft is present by atty Michael J. Lufkin. Court hears oral argument on the motion. Court ORDERS the filing of simultaneous briefs on the issue of if the Court has the authority to order a re-election as a remedy in 10(j) injunction proceedings. This simultaneous brief shall be filed by 6/3/2022. (Court Reporter Stacy Drohosky.) (nac)
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Filing 38
RESPONSE to Motion re #33 First MOTION to Amend/Correct the Record with ALJ Decision filed by List Industries, Inc.. (Lufkin PHV, Michael)
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Filing 37
TELEPHONE CONFERENCE held on 5/3/2022 before Judge Philip P Simon. Petitioner appeared by attys Christina Hill and Emily O'Neill. The Respondent appeared by atys Eric J. Holshouser and Michael J. Lufkin. Court hears comments on case from both sides. Discussion regarding the timing of the oral argument hearing. The oral argument hearing is now scheduled for: 5/26/2022 01:00 PM (Central/Hammond time zone) in US District Court - Hammond before Judge Philip P Simon. (Court Reporter Stacy Drohosky.) (nac)
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Filing 36
RESPONSE to Motion re #34 MOTION to Continue Hearing on Petitioner's Motions for Preliminary Injunction filed by Paul Hitterman. (O'Neill, Emily)
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Filing 35
NOTICE of Hearing/Deadlines: The May 3, 2022 Hearing is now CONVERTED to a TELEPHONIC STATUS CONFERENCE at the same date and time: 5/3/2022 11:00 AM (central time) in US District Court - Hammond before Judge Philip P Simon. The telephone conference will be held by AT&T Conferencing: The parties shall dial into the conference at: 888-363-4749 and entering the code of 9147763. (nac)
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Filing 34
MOTION to Continue Hearing on Petitioner's Motions for Preliminary Injunction by Respondent List Industries, Inc.. (Lufkin PHV, Michael)
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Filing 33
First MOTION to Amend/Correct the Record with ALJ Decision by Petitioner Paul Hitterman. (Attachments: #1 Exhibit Petitioner Exhibit 1: ALJ Decision)(O'Neill, Emily)
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Filing 32
NOTICE of Hearing/Deadlines: The hearing previously scheduled for 5/3/2022 at 10:00 a.m. is now RESET with hearing to be held on 5/3/2022 11:00 AM in US District Court - Hammond before Judge Philip P Simon. Please note that this is a change in time only. (nac)
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Filing 31
ORDER: This matter is set for an in-person Oral Argument on Tuesday, 5/3/2022 at 10:00 am Hammond/Central Time. The hearing will be limited to argument on both the merits of the request for the 10(j) injunction and whether the record should be expanded. This hearing will not be an evidentiary hearing. Signed by Judge Philip P Simon on 4/12/2022. (mrm)
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Filing 30
NOTICE of Hearing/Deadlines: With ORAL ARGUMENT to be held on 5/3/2022 10:00 AM (central) in US District Court - Hammond before Judge Philip P Simon. This hearing will be held IN PERSON. (nac)
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Filing 29
REPLY to Response to Motion re #3 Supplemental MOTION for Preliminary Injunction Motion to Try on Administrative Record and Supporting Brief Petitioner's Reply to DE 27, Respondent's Response, Opposing Motion to Try on the Administrative Record, DE 3 filed by Paul Hitterman. (Hill, Christina)
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Filing 28
REPLY to Response to Motion re #1 MOTION for Preliminary Injunction Petitioner's Reply to DE 26, which was Respondent's Response to DE1, Petition for Injunction filed by Paul Hitterman. (Hill, Christina)
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Filing 27
RESPONSE to Motion re #3 Supplemental MOTION for Preliminary Injunction Motion to Try on Administrative Record and Supporting Brief filed by List Industries, Inc.. (Lufkin PHV, Michael)
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Filing 26
BRIEF in Opposition to #1 MOTION for Preliminary Injunction filed by List Industries, Inc.. (Attachments: #1 Exhibit A (Declaration of C. Rodriguez))(Lufkin PHV, Michael)
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Filing 25
NOTICE of Appearance by Alexander Preller on behalf of List Industries, Inc. (Preller, Alexander)
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Filing 24
ORDER granting #22 Motion for Extension of Time to File Response. List's Response deadline is extended to 1/28/22. Hitterman's Reply deadline is extended to 2/11/22. Signed by Judge Philip P Simon on 1/19/22. (nal)
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Filing 23
NOTICE of Appearance by Emily O'Neill on behalf of Paul Hitterman (O'Neill, Emily)
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Filing 22
MOTION for Extension of Time to File Response/Reply as to #1 MOTION for Preliminary Injunction Unopposed by Respondent List Industries, Inc.. (Holshouser PHV, Eric)
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Filing 21
ANSWER to Complaint Answer to Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act, as amended by List Industries, Inc..(Holshouser PHV, Eric)
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Filing 20
ORDER granting #15 Application to Appear Pro Hac Vice of Attorney Eric J Holshouser PHV for List Industries, Inc.. Signed by Magistrate Judge John E Martin on 1/3/2022. (ace)
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Filing 19
ORDER granting #16 Application to Appear Pro Hac Vice of Attorney Michael J Lufkin PHV for List Industries, Inc.. Signed by Magistrate Judge John E Martin on 1/3/2022. (ace)
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Filing 18
TELEPHONE CONFERENCE held on 12/29/2021 before Judge Philip P Simon. Pla appeared by Attorney Christina Hill. Respondent present by Attorneys Eric Holshouser, Alex Preller and Michael Lufkin. Case discussed, process explained by the plf. Court hears from the defense, requesting that the response date be after January 18 - granted. Court sets deadlines, which will also be provided in a written order (Response: 1/21/2022 and Reply: 2/4/2022). The Court will determine if a hearing and/or oral argument is required after the filing of the documents. (Court Reporter Stacy Drohosky.) (nac)
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Filing 17
ORDER: Respondent List Industries, Inc.'s request is GRANTED. Respondent's Response deadline is extended to 1/21/2022. Petitioner Paul Hitterman's Reply deadline is extended to 2/4/2022. Signed by Judge Philip P Simon on 12/29/2021. (shk)
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Filing 16
Application for Attorney Michael J. Lufkin to Appear Pro Hac Vice on behalf of List Industries, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4789800 (Attachments: #1 Certificate of Good Standing)(Lufkin, Michael)
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Filing 15
Application for Attorney Eric J Holshouser to Appear Pro Hac Vice on behalf of List Industries, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4789797 (Attachments: #1 Certificate of Good Standing)(Holshouser, Eric)
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Filing 14
ORDER denying #11 Motion to Continue Telephonic Conference. Signed by Judge Philip P Simon on 12/28/21. (nal)
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Filing 13
CERTIFICATE OF SERVICE by Paul Hitterman re #12 Response to Motion (Hill, Christina)
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Filing 12
RESPONSE to Motion re #11 MOTION to Continue Telephonic Conference filed by Paul Hitterman. (Hill, Christina)
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Filing 11
MOTION to Continue Telephonic Conference by Respondent List Industries, Inc.. (Paul, Brian)
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Filing 10
NOTICE of Appearance by Brian J Paul on behalf of List Industries, Inc. (Paul, Brian)
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Filing 9
ORDER Setting Hearing on Motion #1 MOTION for Preliminary Injunction , #3 Supplemental MOTION for Preliminary Injunction Motion to Try on Administrative Record and Supporting Brief , #7 MOTION for Preliminary Injunction Memo of Points & Authorities in Support of Petition for Injunctive Relief : TELEPHONIC HEARING set for 12/29/2021 10:00 AM (central) in US District Court - Hammond before Judge Philip P Simon. Parties shall access the telephone conference at: 888-363-4749 and then entering the code of 9147763#.. Signed by Judge Philip P Simon on 12/22/2021. It is ORDERED that exhibits 7-2 and 7-5 are placed under SEAL. (nac) Modified on 12/22/2021 to add detail. (nac).
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Filing 8
AFFIDAVIT of Service for Memorandum on Points and Authorities in Support of Injunction Petition served on the Respondent and Counsel, the Union and Counsel, and the Discriminatee's Counsel on December 21, 2021, filed by Paul Hitterman. (Hill, Christina)
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Filing 7
MOTION for Preliminary Injunction Memo of Points & Authorities in Support of Petition for Injunctive Relief by Petitioner Paul Hitterman. (Attachments: #1 Exhibit Exhibit Index, Petitioner Exhibit A, #2 Exhibit Petitioner Exhibit B, #3 Exhibit Petitioner Exhibit C, Pt.1, #4 Exhibit Petitioner Exhibit C, Pt. 2, #5 Exhibit Petitioner Exhibit C, Pt. 3, #6 Exhibit Petitioner Exhibit D)(Hill, Christina)
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Filing 6
AFFIDAVIT of Service for Service document Brief in Support of Motion to Try on Administrative Record served on Respondent and Union and their Attorneys on 12/21/21, filed by Paul Hitterman. (Hill, Christina)
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Filing 5
AFFIDAVIT of Service for Service document Motion to Try on Administrative Record served on Respondent and Union and their Attorneys on 12/21/21, filed by Paul Hitterman. (Hill, Christina)
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Filing 4
Proposed Conclusions of Law filed by Paul Hitterman. (Hill, Christina)
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Filing 3
Supplemental MOTION for Preliminary Injunction Motion to Try on Administrative Record and Supporting Brief by Petitioner Paul Hitterman. (Attachments: #1 Brief in Support of Motion to Try on Administrative Record, #2 Certificate of Service of Motion to Try on Administrative Record, #3 Certificate of Service for Brief in Support of Motion to Try on Administrative Record)(Hill, Christina)
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Filing 2
AFFIDAVIT of Service for Petition for Injunctive Relief served on The Respondent, Respondent's counsel, and the Union on December 21, 2021, filed by Paul Hitterman. (Hill, Christina)
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Filing 1
MOTION for Preliminary Injunction by Petitioner Paul Hitterman. (Attachments: #1 Civil Cover Sheet Petition Cover Letter, #2 Exhibit Petition Exhibits and Index)(Hill, Christina)
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Judge Philip P Simon and Magistrate Judge John E Martin added. NEW CASE: PETITION FOR TEMPORARY INJUNCTION PENDING (tlr)
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