Workers United et al v. Workers United et al
| Workers United and Trustee Eric Moore |
| Roberta Sholler, President Roberta Sholler and Local 181 Workers United |
| 3:2024cv00477 |
| August 20, 2024 |
| US District Court for the Western District of Kentucky |
| Rebecca Grady Jennings |
| Colin H Lindsay |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Employee Pension Plan |
| None |
Docket Report
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This docket was last retrieved on October 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 REPLY to Response to Motion re #32 MOTION to Dismiss for Insufficient Process MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike #1 Complaint, filed by Roberta Sholler(Individually), Roberta Sholler(as President of Workers United Local 181), Local 181 Workers United. (Attachments: #1 Exhibit A - September 16, 2024 NLRB FOIA Response, #2 Exhibit B - Form LM-15 Trusteeship Report, #3 Exhibit C - DOL, OLMS Conducting Audits in Unions/ A 10-Step Guide for Trustees, #4 Exhibit D - September 24, 2024 Unfair Labor Practice Charge with NLRB, #5 Exhibit E - September 25, 2024 Trusteeship Complaint with DOL) (Allen, Bennett) |
| Filing 37 SUR-REPLY re #2 MOTION for Preliminary Injunction filed by Roberta Sholler(Individually), Roberta Sholler(as President of Workers United Local 181), Local 181 Workers United. (Attachments: #1 Exhibit A - Form LM-3 Labor Organization Annual Report for Period Ending December 31, 2023, #2 Exhibit B - Supplemental Affidavit of Roberta Jo Sholler, #3 Exhibit C - September 25, 2024 Email to OLMS with Trusteeship Complaint Attached, #4 Exhibit D - Form LM-3 Labor Organization Annual Report for Period Ending December 31, 2005, #5 Exhibit E - Form LM-3 Labor Organization Annual Report for Period Ending December 31, 2006, #6 Exhibit F - Form LM-3 Labor Organization Annual Report for Period Ending December 31, 2007) (Allen, Bennett) Modified on 10/8/2024 - title corrected (SMJ). |
Filing 36
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 10/7/2024. Counsel is advised that Judge Lindsay will conduct ex parte calls regarding settlement. Counsel shall contact Case Manager Theresa Burch (theresa_burch@kywd.uscourts.gov) no later than 10/14/2024 to schedule the calls. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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| Filing 35 RESPONSE to Motion re #32 MOTION to Dismiss for Insufficient Process MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike #1 Complaint, Plaintiff's Response to Defendant's Motion to Dismiss filed by Eric Moore, Workers United. (Lichtman, David) |
| Filing 34 NOTICE Notice of Filing and Certificate of Service by Eric Moore, Workers United re #33 Reply to Response to Motion, (Bloch, Robert) |
| Filing 33 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction Plaintiffs' Reply Brief In Support of Their Emergency Motion For Preliminary Injunction filed by Eric Moore, Workers United. (Attachments: #1 Exhibit 1 - Declaration of Ronald M. Willis) (Bloch, Robert) |
| Filing 32 MOTION to Dismiss for Insufficient Process, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Strike #1 Complaint, by Defendants Roberta Sholler, Roberta Sholler, Local 181 Workers United (Attachments: #1 Memorandum in Support, #2 Exhibit A - Instructions for Form LM-1 Labor Organization Information Report, #3 Exhibit B - Special Meeting and General Membership Meeting Minutes, dated March 3, 2009, #4 Exhibit C - General Membership Meeting Minutes, dated June 2, 2009, #5 Exhibit D - Annual Financial Report Form LM-4, for the period ending December 31, 2009, #6 Proposed Order Granting Motion to Dismiss, #7 Proposed Order Granting Motion to Strike) (Allen, Bennett) |
| Filing 31 Notice of Filing Official Transcript re #30 Transcript - Court Official,,. Please review the complete Notice for instructions. (Dowell, April) |
| Filing 30 FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on September 9, 2024, before Judge Rebecca Grady Jennings. Court Reporter April R. Dowell, Email: april_dowell@kywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/2/2024. Redacted Transcript Deadline set for 10/15/2024. Release of Transcript Restriction set for 12/10/2024. (Dowell, April) |
| Filing 29 MEMORANDUM OF HEARING AND ORDER for proceedings held before Judge Rebecca Grady Jennings: In-Person Hearing held on 9/9/2024. The motion for leave to file bond by the plaintiffs (DE 24 ) is stricken. Any motion to dismiss shall be filed on or before 9/12/2024. The Plaintiffs' reply in support of the motion for preliminary injunction (DE #2 ) shall be filed by 9/23/2024. Defendants' sur-reply shall be filed on or before 10/7/2024. Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, a scheduling conference, entry of amended scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Magistrate Judge Lindsay is further authorized to conduct a settlement conference and Ex Parte communications with the parties in this matter at any time. (Court Reporter: April Dowell) cc: Counsel (SMJ) |
| Filing 28 NOTICE of Filing of Plaintiffs' Supplemental Brief in Support of Their Emergency Motion for Preliminary Injunction to Enforce Emergency Trusteeship, Second Declaration of Lynn E. Fox and Declaration of Charles A. Scherbaum by Eric Moore, Workers United re #27 Brief (Lichtman, David) |
| Filing 27 BRIEF Plaintiffs' Supplemental Brief in Support of Their Emergency Motion for Preliminary Injunction to Enforce Emergency Trusteeship (Attachments: #1 Exhibit 1, #2 Exhibit 2) by Eric Moore, Workers United. (Lichtman, David) |
| Filing 26 RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Roberta Sholler(Individually), Roberta Sholler(as President of Workers United Local 181), Local 181 Workers United. (Attachments: #1 Exhibit A - CBA Between Levy Premium Food Service and UNITE HERE Local 181, #2 Exhibit B - DOL Labor Organization Information Report, Form LM-1, #3 Exhibit C - Affiliation Agreement Between the CMRJB and Local 181, #4 Exhibit D - Affidavit of Roberta Jo Sholler, #5 Exhibit E - July 15, 2024 Letter to Roberta Sholler from David Melman, #6 Exhibit F - December 26, 2023 Letter to Roberta Sholler from Kathy Hanshew, #7 Exhibit G - August 20 -21, 2024 Paula Meyer Email Exchange, #8 Exhibit H - August 12, 2024 Michael Paolucci Email, #9 Exhibit I - DOL Report of Current Status, Form LM-1A) (Allen, Bennett) |
| Filing 25 NOTICE of filing Executed Preliminary Injunction Bond by Eric Moore, Workers United re 24 MOTION for Leave to File Bond (Attachments: #1 Exhibit Executed Preliminary Injunction Bond) (Schulz, Thomas) |
| Filing 24 STRICKEN DOCUMENT pursuant to court order at DE #29 . Modified on 9/10/2024 (SMJ). |
| Filing 23 NOTICE of Filing Exhibit by Eric Moore, Workers United re #2 MOTION for Preliminary Injunction, #21 Notice of Deficiency (Attachments: #1 Exhibit Katz Declaration) (Schulz, Thomas) |
| Filing 22 NOTICE of Filing Exhibit by Eric Moore, Workers United re #2 MOTION for Preliminary Injunction, #21 Notice of Deficiency (Attachments: #1 Exhibit Clark Declaration) (Schulz, Thomas) |
| Filing 21 NOTICE of Deficiency re #17 -1 Notice, #19 -1 Notice. Reason for Deficiency: exhibits not properly named or attached. Failure to comply will be brought to the attention of the Court. Response due by 9/12/2024. (SMJ) |
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Filing 20
ORDER signed by Judge Rebecca Grady Jennings on 8/29/2024 re #2 MOTION for Preliminary Injunction. Hearing set for 9/9/2024 at 10:00 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Plaintiffs shall supplement the Motion for Preliminary Injunction (DE #2 ) as it relates to a bond by Tuesday, 9/3/2024. Defendants shall file a response to Plaintiffs' Motion for Preliminary Injunction (DE #2 ) by Thursday, 9/5/2024. cc: Counsel (SMJ)
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| Filing 19 NOTICE of Filing Exhibit by Eric Moore, Workers United re #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit to Memorandum in Support of Motion for Emergency Motion for Injunction) (Schulz, Thomas) |
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Filing 18
ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE Signed by Judge Rebecca Grady Jennings on 8/27/2024 granting #13 Motion for Bennett P. Allen to Appear Pro Hac Vice. cc: Counsel(DeW)
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| Filing 17 NOTICE of Filing Exhibit by Eric Moore, Workers United re #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit to Memorandum in Support of Motion for Emergency Motion for Injunction) (Schulz, Thomas) |
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Filing 16
ORDER signed by Judge Rebecca Grady Jennings on 8/23/2024 granting #4 Motion for Robert E. Bloch to Appear Pro Hac Vice. cc: Counsel(MNM)
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Filing 15
ORDER signed by Judge Rebecca Grady Jennings on 8/23/2024 granting #5 Motion for David P. Lichtman to Appear Pro Hac Vice. cc: Counsel(MNM)
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Filing 14
ORDER signed by Judge Rebecca Grady Jennings on 8/23/2024 granting #6 Motion for Alex Tillett-Saks to Appear Pro Hac Vice. cc: Counsel(MNM)
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| Filing 13 MOTION for Bennett P. Allen to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4093118. by Defendants Roberta Sholler, Roberta Sholler, Local 181 Workers United (Attachments: #1 Proposed Order Proposed Order Admitting) (Gueltzow, John) |
| Filing 12 NOTICE of Appearance by John L. Gueltzow on behalf of Roberta Sholler, Roberta Sholler, Local 181 Workers United (Gueltzow, John) |
| Filing 11 SUMMONS Returned Executed by Workers United. Local 181 Workers United served on 8/22/2024, answer due 9/12/2024. (Schulz, Thomas) |
| Filing 10 SUMMONS Returned Executed by Workers United. Roberta Sholler(Individually) served on 8/22/2024, answer due 9/12/2024; Roberta Sholler(as President of Workers United Local 181) served on 8/22/2024, answer due 9/12/2024. (Schulz, Thomas) |
| Filing 9 Summons Issued as to Roberta Sholler (Individually), Roberta Sholler (as President of Workers United Local 181), Local 181 Workers United. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: #1 Summons Sholler) (DLW) |
| Filing 8 NOTICE for Issuance of Summons by Workers United and Eric Moore re #2 MOTION for Preliminary Injunction, #1 Complaint, (Attachments: #1 Summons, #2 Summons) (Schulz, Thomas) Modified on 8/22/2024 to add filer Moore (DLW). |
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Filing 7
TEXT ORDER by Judge Rebecca Grady Jennings on 8/22/2024; due to clerical error during the assignment process, the two involved judges acknowledging after being notified by the Clerk of Court the case was assigned in error. Judge Jennings and Judge Beaton with consent, the assignment to Judge Jennings will remain in place. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (ARM)
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| Filing 6 MOTION for Alex Tillett-Saks to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4091882. by Plaintiff Workers United and Eric Moore (Attachments: #1 Proposed Order) (Schulz, Thomas) Modified on 8/22/2024 to add filer Moore (DLW). |
| Filing 5 MOTION for David P. Lichtman to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4091869. by Plaintiff Workers United and Eric Moore (Attachments: #1 Proposed Order) (Schulz, Thomas) Modified on 8/22/2024 to add filer Moore (DLW). |
| Filing 4 MOTION for Robert E. Bloch to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4091861. by Plaintiff Workers United and Eric Moore (Attachments: #1 Proposed Order) (Schulz, Thomas) Modified on 8/22/2024 to add filer Moore (DLW). |
| Filing 3 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (KDY) |
| Filing 2 PLAINTIFFS' EMERGENCY MOTION FOR PRELIMINARY INJUNCTION TO ENFORCE EMERGENCY TRUSTEESHIP by Plaintiffs Workers United and Eric Moore. (Attachments: #1 Memorandum in Support Temporary Injunction, #2 Exhibit Hanshew Declaration, #3 Exhibit Fox Declaration, #4 Exhibit Melman Declaration, #5 Exhibit Lichtman Declaration, #6 Proposed Order Temporary Injunction, #7 Addendum Certificate of Service) (KDY) |
| Filing 1 COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF TO ENFORCE TRUSTEESHIP filed by Workers United and Eric Moore against Local 181 Workers United, Roberta Sholler (Individually), Roberta Sholler (as President of Workers United Local 181). Filing fee $405, receipt number AKYWDC-4090864. (Attachments: #1 Exhibit Order for Trusteeship, #2 Exhibit Workers United Constitution, #3 Exhibit Notice of Trusteeship Hearing, #4 Cover Sheet) (KDY) |
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