Denholm v. Smyrna Ready Mix Concrete, LLC
Petitioner: Matthew T Denholm
Respondent: Smyrna Ready Mix Concrete, LLC
Case Number: 5:2020cv00320
Filed: July 23, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Matthew A Stinnett
Referring Judge: Robert E Wier
Nature of Suit: Labor: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2020 Filing 28 RESPONSE in Opposition re #26 FIRST MOTION to Amend/Correct #1 Complaint,,,,, by Matthew T Denholm Petitioner's Motion to Supplement the Record with the Administrative Law Judge's Decision and to Modify Petition for Section 10(j) Injunction filed by Smyrna Ready Mix Concrete, LLC. (Watring, Stephen)
September 16, 2020 Opinion or Order Filing 27 ORDER: The Court ORDERS Respondent to respond to Petitioner's #26 FIRST MOTION to Supplement the record on or before 9/18/2020. Signed by Judge Robert E. Wier on 9/16/2020.(GLD)cc: COR
September 14, 2020 Filing 26 FIRST MOTION to Amend/Correct #1 Complaint,,,,, by Matthew T Denholm Petitioner's Motion to Supplement the Record with the Administrative Law Judge's Decision and to Modify Petition for Section 10(j) Injunction. (Attachments: #1 Exhibit Exhibit A - ALJ Decision, #2 Proposed Order Proposed order granting motion, #3 Attachment Certificate of Service)(Murarova, Zuzana) Modified on 9/16/2020 (STC).
September 14, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #25 RESPONSE, (KM)
September 11, 2020 NOTICE OF DOCKET MODIFICATION TO Stephen Watring re #25 RESPONSE; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (KM)
September 11, 2020 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: #25 RESPONSE (KM)
September 10, 2020 Filing 25 RESPONSE to #1 PETITIONERS MEMORANDUM IN SUPPORT OF INJUNCTIVE RELIEF filed by Smyrna Ready Mix Concrete, LLC. (Attachments: #1 Exhibit 1 - Post Hearing Brief of Respondent, #2 Exhibit 2 - National Labor Relations Board Decision, #3 Exhibit 3 - Declaration of Jeffrey Hollingshead)(Watring, Stephen) Modified text on 9/11/2020 (KM).
August 31, 2020 Opinion or Order Filing 24 ORDER: denying #23 Motion for Leave to File Excess Pages. Signed by Judge Robert E. Wier on 8/28/20. (JLM)cc: COR
August 28, 2020 Filing 23 MOTION for Leave to File Excess Pages by Smyrna Ready Mix Concrete, LLC Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(Griffith, Richard)
August 19, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #22 Answer to Complaint (KJR)
August 18, 2020 Filing 22 ANSWER to #1 Complaint,,,,, by Smyrna Ready Mix Concrete, LLC.(Griffith, Richard)
August 18, 2020 Filing 21 RESPONSE in Opposition re #13 FIRST MOTION for Judgment on the Pleadings by Matthew T Denholm Motion to Hear 10(j) Petition on the Administrative Law Judge's Hearing Transcript and Exhibits Supplemened, if Necessary, By Additional Affidavit Evidence filed by Smyrna Ready Mix Concrete, LLC. (Attachments: #1 Exhibit 1 - Email communication, #2 Proposed Order)(Griffith, Richard)
August 6, 2020 Opinion or Order Filing 20 ORDER: Court DENIES WITHOUT PREJUDICE Respondent's #7 MOTION for Status/Scheduling Conference. Court ORDERS Respondent to answer petition by 8/20/2020 and file its brief in response by 9/10/2020. Petitioner may reply by 10/1/2020. Parties shall address in briefing any need for evidentiary or other hearing. Signed by Judge Robert E. Wier on 8/6/2020.(GLD)cc: COR
August 5, 2020 Filing 19 CONVENTIONAL FILING received on behalf of Matthew T. Denholm. Flash drive is filed per #18 Order. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (SLH)
August 5, 2020 Opinion or Order Filing 18 ORDER re #11 Notice of Filing, #12 Notice of Filing : Court received contemplated audio and visual exhibits. The Court directs the Clerk to appropriately docket the correspondence and exhibits. Signed by Judge Robert E. Wier on 8/5/2020.(SLH)cc: COR
August 4, 2020 Filing 17 FRCP 7.1 DISCLOSURE STATEMENT by Smyrna Ready Mix Concrete, LLC. (Griffith, Richard)
July 30, 2020 Filing 16 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Richard Griffith. #15 MEMORANDUM IN SUPPORT has been filed by Smyrna Ready Mix Concrete, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (GLD)
July 30, 2020 Filing 15 Supplemental Memorandum #7 to Motion For Hearing filed pursuant to Court's Order #10 filed by Smyrna Ready Mix Concrete, LLC. (Griffith, Richard) Modified text on 7/30/2020 (GLD).
July 30, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #15 MEMORANDUM IN SUPPORT (GLD)
July 29, 2020 Filing 14 NOTICE OF APPEARANCE by Smyrna Ready Mix Concrete, LLC. (Griffith, Richard)
July 29, 2020 NOTICE OF DOCKET MODIFICATION TO Zuzana Murarova re #12 FIRST MOTION to Amend/Correct #1 Complaint and #11 FIRST MOTION to Amend/Correct #1 Complaint, by Matthew T Denholm: Error: the notices of filing were incorrectly filed using the incorrect event "motion." Entry by attorney. Clerk re-defined the documents as Notices of Filing. No further action required by counsel. cc: COR (GLD)
July 29, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #12 Notice of filing remainder of transcripts; #11 Notice of filing remainder of transcripts (GLD)
July 28, 2020 Filing 13 FIRST MOTION for Judgment on the Pleadings by Matthew T Denholm Motion to Hear 10(j) Petition on the Administrative Law Judge's Hearing Transcript and Exhibits Supplemened, if Necessary, By Additional Affidavit Evidence (Attachments: #1 Proposed Order Proposed Order Granting Motion to Hear on Transcript)(Murarova, Zuzana)
July 28, 2020 Filing 12 Notice of Filing of Remainder of NLRB Administrative Transcript Part 2 of 2 #1 Complaint AND Notice of Filing Conventional Exhibit, by Matthew T Denholm (Attachments: #1 Exhibit A-12 Board Transcript R Exhibits part 2, #2 Exhibit A-13 Board Transcript R Exhibits part 3)(Murarova, Zuzana) Modified on 7/29/2020 (GLD).
July 28, 2020 Filing 11 Notice of Filing Remainder of NLRB Administrative Transcript Part 1 of 2 re #1 WGA Complaint,,,,, by Matthew T Denholm (Attachments: #1 Exhibit A-8 Board Transcript GC Exhibits 1 through 30, #2 Exhibit A-9 Transcript R Exhibits part 1, #3 Exhibit A-10 Board Transcript Rejected Exhibits, #4 Exhibit A-11 Board Transcript GC Exhibit 4, #5 Exhibit A-14 Board Transcript U Exhibits)(Murarova, Zuzana) Modified to redefine as a Notice on 7/29/2020 (GLD).
July 28, 2020 Opinion or Order Filing 10 ORDER: The Court ORDERS Respondent, by 7/30/2020 to supplement #7 MOTION for Hearing as follows: 1. Identify specific issues to be addressed at proposed hearing; OR 2. If no hearing is required, respond to Petitioner's proposed briefing schedule. Signed by Judge Robert E. Wier on 7/28/2020.(GLD)cc: COR
July 28, 2020 Filing 9 NOTICE OF FILING by Smyrna Ready Mix Concrete, LLC re #7 MOTION for Hearing Proposed Order (Attachments: #1 Proposed Order Ex. A - Proposed Order)(Bakota, Matthew)
July 28, 2020 Opinion or Order Filing 8 ORDER: Court GRANTS #6 Motion to Appear Pro Hac Vice and permits Hon. Stephen A. Watring to serve pro hac vice for respondent. Signed by Judge Robert E. Wier on 7/28/2020. (GLD)cc: COR,Stephen A. Watring w/ecf registration
July 27, 2020 NOTICE OF DEFICIENCY AND DOCKET MODIFICATION TO Matthew Bakota re #7 MOTION for Hearing: ERROR 1: This pleading was filed using the incorrect event, "Notice of Filing." Entry by Attorney;Clerk re-defined the document as a Motion for Hearing. No further action required by counsel as to Error 1. ERROR 2: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR (GLD)
July 27, 2020 BAR STATUS Check completed as to Stephen A. Watring re #6 MOTION for Stephen A. Watring to Appear Pro Hac Vice by Smyrna Ready Mix Concrete, LLC ( Filing fee $125; receipt number 0643-4732116). (GLD) Modified on 7/28/2020 (GLD).
July 27, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #7 MOTION for Hearing, #6 MOTION for Stephen A. Watring to Appear Pro Hac Vice by Smyrna Ready Mix Concrete, LLC ( Filing fee $125; receipt number 0643-4732116) (GLD)
July 24, 2020 Filing 7 Motion for Status/Scheduling Conference by Smyrna Ready Mix Concrete, LLC (Bakota, Matthew) Modified event type on 7/27/2020 (GLD). (Additional attachment(s) added on 7/28/2020: #1 Proposed Order) (GLD).
July 24, 2020 Filing 6 MOTION for Stephen A. Watring to Appear Pro Hac Vice by Smyrna Ready Mix Concrete, LLC ( Filing fee $125; receipt number 0643-4732116)Motions referred to Matthew A. Stinnett. (Attachments: #1 Attachment Certificate of Good Standing, #2 Proposed Order)(Bakota, Matthew)
July 24, 2020 Filing 5 NOTICE OF APPEARANCE by Smyrna Ready Mix Concrete, LLC. (Bakota, Matthew)
July 24, 2020 Opinion or Order Filing 3 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge (Magistrate Judge Stinnett) for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (GLD)cc: COR
July 23, 2020 Filing 1 PETITION FOR PRELIMINARY INJUNCTION UNDER SECTION 10(j) OF THE NATIONAL LABOR RELATIONS ACT, AS AMENDED (NO PROCESS REQUESTED). (Filing fee $400.), filed by Matthew T Denholm. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Charge 09-CA-251578, #3 Exhibit 2 - First Amended Charge 251578, #4 Exhibit 3 - Charge 252487, #5 Exhibit 4 - Charge 255573, #6 Exhibit 5 - First Amended Charge 255573, #7 Exhibit 6 - Second Amended Charge 255573, #8 Exhibit 7 - Charge 258273, #9 Exhibit 8 - First Amended Charge 258273, #10 Exhibit Third Consolidated Complaint, #11 Certificate of Service, #12 Proposed Order To Show Cause, #13 Proposed Order Granting Injunction, #14 Exhibit A-1 to Memo - Board Transcript Pages 1-272, #15 Exhibit A - 2 to Memo - Board Transcript Pages 273-513, #16 Exhibit A - 3 to Memo - Board Transcript Pages 514-773, #17 Exhibit A-4 to Memo - Board Transcript Pages 774-1028, #18 Exhibit A-5 to Memo - Board Transcript Pages 1029-1322, #19 Exhibit A-6 to Memo-Board Transcript Pages 1323-1540, #20 Exhibit A-7 to Memo - Board Transcript Pages 1541-1723, #21 Exhibit B to Memo-Affidavit of Jason Means, #22 Exhibit C to Memo-Affidavit of Nicole Long, #23 Exhibit D to Memo-Affidavit of Sheldon Walters, #24 Civil Cover Sheet)(GLD)
July 23, 2020 Conflict Check run. (GLD)

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Petitioner: Matthew T Denholm
Represented By: Zuzana Murarova
Represented By: Naima R. Clarke
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Respondent: Smyrna Ready Mix Concrete, LLC
Represented By: Matthew J. Bakota
Represented By: Stephen A. Watring
Represented By: Richard G. Griffith
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