Lyons v. Service Employees
| Kenneth T. Lyons |
| Service Employees International Union Local 5000, National Association of Government Employees and Service Employees International Union |
| Richard Gallo |
| 1:2001cv11947 |
| November 13, 2001 |
| US District Court for the District of Massachusetts |
| Morris E Lasker |
| Labor Management Report & Disclosure |
| 29 U.S.C. § 0401 Labor Management Disclosure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2005. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 191 Costs Taxed in amount of $ $287.50 against Richard E. Gallo (Howarth, George) |
| Judge Morris E. Lasker : Electronic ORDER entered denying #189 Motion Opposition to the Bill Of Costs (Howarth, George) |
| Filing 190 Opposition re #189 MOTION For Disallowance of Costs filed by National Association of Government Employees, Service Employees International Union, Service Employees International Union Local 5000. (Weinberg, Robert) |
| Filing 189 MOTION For Disallowance of Costs by Richard Gallo.(Stern, Max) |
| Filing 188 BILL OF COSTS by National Association of Government Employees, Service Employees International Union. (Weinberg, Robert) |
| Filing 187 Judge Morris E. Lasker : ORDER entered JUDGMENT in favor of Service Employees International Union, et al against Richard E. Callo.For Full Text see docket #187 .(Howarth, George) Modified on 11/3/2004 (Howarth, George). |
| Civil Case Terminated. (Howarth, George) |
| Filing 186 Judge Morris E. Lasker : ELECTRONIC ORDER entered denying #167 Motion for Partial Summary Judgment, granting #173 Motion for Summary Judgment.For full text see docket #186 . (Howarth, George) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Morris E. Lasker : Motion Hearing held on 10/26/2004 re #167 MOTION for Partial Summary Judgment filed by Richard Gallo, #173 MOTION for Summary Judgment on All Remaining Claims filed by National Association of Government Employees, Service Employees International Union. Arguments,motions taken under advisement. (Court Reporter none.) (Howarth, George) |
| *** Attorney Phillip Hostak terminated. (Howarth, George) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #185 Motion to Withdraw as Attorney, by Philip A. Hostak. (Howarth, George) |
| Filing 185 Assented to MOTION to Withdraw as Attorney by National Association of Government Employees, Service Employees International Union. (Attachments: #1 Certificate of conference)(Hostak, Phillip) |
| Filing 184 REPLY to Response to Motion re #173 MOTION for Summary Judgment on All Remaining Claims filed by National Association of Government Employees, Service Employees International Union. (Hostak, Phillip) |
| NOTICE OF RESCHEDULING the motion hearing set for September 23, 2004 at 2:15 p.m.the motion Hearing is now set for 10/26/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George) |
| NOTICE OF RESCHEDULING of Motion Hearing set for 9/23/04 2:15 p.m.is now set for 9/20/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George) |
| NOTICE OF RESCHEDULING of motion hearing set for 9/20/04 is now set for 9/23/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. This is a Correction of the earlier notice. (Howarth, George) |
| Filing 183 Response by Richard Gallo to #174 Statement of facts (Material Facts) of Record as to Which There is no Genuine Dispute. (Resnik, Kenneth) |
| Filing 182 Opposition re #173 MOTION for Summary Judgment on All Remaining Claims and Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment filed by Richard Gallo. (Resnik, Kenneth) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #181 Motion for Extension of Time to file opposition up to and including August 30, 2004 (Howarth, George) |
| Filing 181 MOTION for Extension of Time to August 30, 2004 to filing opposition to deft's cross-motion for summary judgment by Richard Gallo.(Howarth, George) |
| Filing 180 Assented to MOTION for Extension of Time to August 30, 2004 to File Response/Reply as to #173 MOTION for Summary Judgment on All Remaining Claims by Richard Gallo.(Resnik, Kenneth) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #179 Assented to Motion for Extension of Time to August 13, 2004 (Howarth, George) |
| NOTICE of Hearing on Motion #173 MOTION for Summary Judgment on All Remaining Claims: Motion Hearing set for 9/20/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George) |
| Filing 179 ASSENTED TO MOTION for Extension of Time to August 13, 2004 to file opposition to deft's cross-motion for summary judgment. by Richard Gallo.(Howarth, George) Modified on 8/3/2004 (Howarth, George). |
| Filing 178 Assented to MOTION for Extension of Time to August 13, 2004 to File Response/Reply as to #173 MOTION for Summary Judgment on All Remaining Claims and as to Defendant's Opposition to Plaintiff's Motion for Summary Judgment by Richard Gallo.(Resnik, Kenneth) |
| Filing 177 Assented to MOTION for Leave to File Excess Pages by National Association of Government Employees, Service Employees International Union. (Attachments: #1 Certificate of Consultation)(Hostak, Phillip) |
| Filing 176 MEMORANDUM in Support re #173 MOTION for Summary Judgment on All Remaining Claims and in Opposition re #167 MOTION for Partial Summary Judgment filed by National Association of Government Employees, Service Employees International Union. (Attachments: #1 Attachments A-E to Defendants' Memorandum of Law)(Hostak, Phillip) |
| Filing 175 STATEMENT of facts re #167 MOTION for Partial Summary Judgment. (Hostak, Phillip) |
| Filing 174 STATEMENT of facts re #173 MOTION for Summary Judgment on All Remaining Claims. (Attachments: #1 Declaration of Philip A. Hostak#2 Exhibits 1-10 to Hostak Declaration#3 Declaration of Joseph Buckley)(Hostak, Phillip) |
| Filing 173 MOTION for Summary Judgment on All Remaining Claims by National Association of Government Employees, Service Employees International Union.(Hostak, Phillip) |
| Filing 172 Assented to MOTION for Extension of Time to 7/16/2004 to File Defendants' Consolidated Opposition to Plaintiff's Motion for Partial Summary Judgment and Cross-Motion for Summary Judgment by National Association of Government Employees, Service Employees International Union. (Attachments: #1 Certificate of Consultation)(Hostak, Phillip) |
| Filing 171 CERTIFICATE OF CONSULTATION re #170 Assented to MOTION for Extension of Time to July 9, 2004 to File Response/Reply as to #167 MOTION for Partial Summary Judgment by Phillip Hostak on behalf of National Association of Government Employees, Service Employees International Union. (Hostak, Phillip) |
| Filing 170 Assented to MOTION for Extension of Time to July 9, 2004 to File Response/Reply as to #167 MOTION for Partial Summary Judgment by National Association of Government Employees, Service Employees International Union.(Hostak, Phillip) |
| Filing 169 STATEMENT of facts of Record as to which there is no Genuine Issue re #167 MOTION for Partial Summary Judgment. (Howarth, George) |
| Filing 168 MEMORANDUM in Support re #167 MOTION for Partial Summary Judgment filed by Richard Gallo. (Howarth, George) |
| Filing 167 MOTION for Partial Summary Judgment by Richard Gallo.(Howarth, George) |
| Filing 166 Response by Service Employees International Union, National Association of Government Employees to #165 Notice (Other). (Hostak, Phillip) |
| Filing 165 NOTICE to counsel from the court requesting status of the case. (Howarth, George) |
| *** Attorney Joseph G. Donnellan terminated. (Howarth, George) |
| *** Attorney Robert M. Weinberg terminated. (Howarth, George) |
| ***Attorney W. Gary Kohlman for National Association of Government Employees, Phillip Hostak for National Association of Government Employees, James A. Brett for National Association of Government Employees added. (Howarth, George) |
| *** Attorney W. Gary Kohlman terminated. (Howarth, George) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #162 Motion for Extension of Time to Answer re #162 MOTION for Extension of Time to 10/27/03 to File Answer National Association of Government Employees, Service Employees International Union Local 5000. (Howarth, George) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #161 Motion for Extension of Time cc/cl (Howarth, George) |
| Filing 164 ANSWER to Second Amended Complaint by National Association of Government Employees.(Hourihan, Lisa) |
| Filing 163 ANSWER to Second Amended Complaint by Service Employees International Union Local 5000.(Hourihan, Lisa) |
| Filing 162 Assented to MOTION for Extension of Time to 10/27/03 to File Answer to the Second Amended Complaint by National Association of Government Employees, Service Employees International Union Local 5000.(Hourihan, Lisa) |
| Filing 161 MOTION for Extension of Time to 60 days to complete discovery by Richard Gallo, National Association of Government Employees, Service Employees International Union Local 5000.(Holahan, Sandra) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #156 Motion to Amend complaint. MOTION ALLOWED. cc/cl (Holahan, Sandra) |
| Judge Morris E. Lasker : ELECTRONIC ORDER entered granting #158 Motion to join the National Association of Government Employees as a party. MOTION ALLOWED. cc/cl (Holahan, Sandra) |
| Filing 160 Defendant's consent pursuant to F.R.C.P 15(a) (Holahan, Sandra) |
| Filing 159 MEMORANDUM in Support re #158 MOTION to join the National Association Of Government Employees as a party filed by Richard Gallo. (Holahan, Sandra) |
| Filing 158 ASSENTED MOTION to join the National Association Of Government Employees as a party by Richard Gallo.(Holahan, Sandra) |
| Filing 157 SECOND AMENDED COMPLAINT against Service Employees International Union Local 5000 , filed by Richard Gallo.(Holahan, Sandra) |
| Filing 156 ASSENTED MOTION to Amend #1 Complaint by Richard Gallo.(Holahan, Sandra) |
| Judge Morris E. Lasker : ORDER entered ENDORSEMENT re #155 Joint proposed scheduling Order granted.cc/cl(Howarth, George) |
| Filing 155 Joint Proposed Scheduling Order (Holahan, Sandra) |
| Filing 154 Judge Morris E. Lasker : ORDER entered re #152 USCA Order,, Judgment as to Gallo entered on 9/4/02 is vacated and counts 1-4 Gallo's complaint as amended are moot.cc/cl(Howarth, George) |
| Filing 153 MANDATE of USCA as to #134 Notice of Appeal filed by Richard Gallo; Dismissed AS MOOT and remanded to the district court with directions to VACATE judgment. (Ramos, Jeanette) |
Filing 152
Order of the US Court of Appeals re: [134-1] appeal; The trusteeship which the appellant, Gallo, sought to enjoin having been dissolved while this appeal was pending before this court, the appeal is moot...We therefore, DISMISS this appeal AS MOOT and REMAND to the district court with directions to VACATE its judgment, entered on September 4, 2002, as to intervenor Gallo and DISMISS, AS MOOT, counts one through four, as amended, of intervenor Gallo's complaint. See Document No. 152 for further details. (jr)
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| Filing 151 Memorandum by Richard Gallo in 1:01-cv-11947 re: status Conference filed. (ghh) |
| Filing 150 Status Conference Brief by Kenneth T. Lyons in 1:01-cv-11947 , filed. (seh) |
| Filing 149 Judge Morris E. Lasker . Clerk's Notes: re: status conference. Court informs counsel to meet and submit a proposed schedule as soon as possible; Court Reporter: Crossman (seh) |
| Status conference held . (seh) |
| Filing 148 Notice of withdrawal of counsel by attorney James H. Rollinson for Kenneth T. Lyons in 1:01-cv-11947, attorney Kevin T. Peters for Kenneth T. Lyons in 1:01-cv-11947, attorney J. Owen Todd for Kenneth T. Lyons in 1:01-cv-11947 filed. (jdj) |
| Filing 147 Judge Morris E. Lasker . Notice of Hearing/conference: set status conference for 11:00 4/16/03 . cc/cl (ghh) |
| Filing 146 Notice of appearance of attorney for Kenneth T. Lyons in 1:01-cv-11947 by Joseph G. Donnellan, filed. (seh) |
| Filing 145 Judge Morris E. Lasker . Notice of Hearing/conference: set status conference for 10:00 3/25/03 . cc/cl (ghh) |
| Filing 144 Mandate of US Court of Appeals re: [135-1] appeal dismissing [135-1] appeal. (jr) |
| Judge Morris E. Lasker . Endorsement re: [143-1] bill of costs. Costs are taxed in the amount of $10,043.26 and included in the judgment. (seh) |
| Transmitted supplemental record on appeal: re: [135-1] appeal. Document numbers: 136-139,141,142 (jr) |
| Filing 142 Judge Morris E. Lasker. Order entered denying [137-1] motion for disallowance. [EOD Date 10/29/02] cc/cl. (sat) |
| Filing 141 Judge Morris E. Lasker. Order entered denying [136-1] motion for disallowance of costs. [EOD Date 10/29/02]. cc/cl. (sat) |
| Filing 140 Reply by Richard Gallo in 1:01-cv-11947 to response to [136-1] motion for disallowance of costs, filed; c/s. (sat) |
| Filing 139 Response by Service Employees in 1:01-cv-11947 in opposition to [105-1] memorandum of law on waiver of attorney work product privilege, filed; c/s. (sat) |
| Filing 138 Response by Service Employees in 1:01-cv-11947 to [137-1] motion for disallowance, [136-1] motion for disallowance of costs, filed; c/s. (sat) |
| US Court of Appeals Case Number assigned to [135-1] appeal: USCA NUMBER: 02-2262. (jr) |
| US Court of Appeals Case Number assigned to [134-1] appeal: USCA NUMBER: 02-2261. (jr) |
| Filing 137 Motion by Kenneth T. Lyons in 1:01-cv-11947 for disallowance , filed. (seh) |
| Filing 136 Motion by Richard Gallo in 1:01-cv-11947 for disallowance of costs , filed; c/s. (sat) |
| Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [134-1] appeal. (jr) |
| Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [135-1] appeal. (jr) |
| Copy of Notice of Appeal mailed to all counsel of record. Transcript Notice and Order form provided to appellant's counsel. (sat) |
| Filing 143 Bill of costs filed. (seh) |
| Filing 135 Notice of appeal by Kenneth T. Lyons in 1:01-cv-11947 filed. Fee Status: paid 9/25/02 Fee Amount: $ 105.00 Receipt #: 42094 Appealing: [130-1] judgment order . Appeal record due on 10/9/02 (sat) |
| Filing 134 Notice of appeal by Richard Gallo in 1:01-cv-11947 filed. Fee Status: paid on 9/25/02 Fee Amount: $ 105.00 Receipt #: 42130 Appealing: [132-1] order, [130-1] judgment order, [129-1] order dismissing . Appeal record due on 10/9/02 (sat) |
| Filing 133 Notice of Itemization and documentation of costs claimed by by Service Employees in 1:01-cv-11947 , filed. (seh) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: Not Known. (seh) |
| Filing 132 Judge Morris E. Lasker. ERRATA entered granting [131-1] motion for clarification of [130-1] judgment order. (See document #132 for complete errata) cc/cl [EOD Date 9/16/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [131-1] motion for clarification of [130-1] judgment order . MOTION ALLOWED ON CONSENT. cc/cl [EOD Date 9/16/02] (seh) |
| Filing 131 Motion by Richard Gallo in 1:01-cv-11947 for clarification of [130-1] judgment order , filed; c/s. (sat) |
| Filing 130 Judge Morris E. Lasker . Judgment entered for Service Employees in 1:01-cv-11947 against Kenneth T. Lyons in 1:01-cv-11947. cc/cl [EOD Date 9/4/02] (seh) |
| Filing 129 Judge Morris E. Lasker. Findings of Fact and Conclusions of Law entered, dismissing .....On the basis of the findings of fact and conslusions of law stated above, the complaint, as amended, is dismissed. It is so ordered. [EOD Date 8/29/02]. cc/cl. (sat) |
| Case closed. (sat) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: addressee not known. (seh) |
| Filing 126 Reply/response by Kenneth T. Lyons in 1:01-cv-11947 to [120-1] trial brief , filed. (jdj) |
| Judge Morris E. Lasker . Endorsed Order entered granting [125-1] motion for leave to file reply to footnote 7 in SEIU's brief . issued [EOD Date 7/29/02] (jdj) |
| Filing 128 Judge Morris E. Lasker . Clerk's Notes: re: Day 9 Bench Trial held: Closings Held; Case Under Advisement. Court Reporter: Deb Nemetz (jdj) |
| Filing 127 Supplemental Memorandum of law by Service Employees in 1:01-cv-11947 filed. (jdj) |
| Day 9 Bench trial held (jdj) |
| Filing 125 Motion by Richard Gallo in 1:01-cv-11947 for leave to file reply to footnote 7 in SEIU's brief , filed. (seh) |
| Filing 124 Letter by Kevin T. Peters in 1:01-cv-11947 dated: July 24, 2002 to: Nicholas Walsh, Clerk for Hon. Judge Lasker re: enclosing a diskett containing plaintiff's requested findings of fact and conclusions of law and post-trial memorandum, filed. (sat) |
| Filing 123 Post-Trial memorandum by Kenneth T. Lyons in 1:01-cv-11947 , filed. (seh) |
| Filing 122 Proposed Findings of Fact and Conclusions of Law by Kenneth T. Lyons in 1:01-cv-11947 received for filing. (seh) |
| Filing 121 Reply/response by Kenneth T. Lyons in 1:01-cv-11947 to [115-1] opposition memorandum, [104-1] motion to amend [4-1] amended complaint, [102-1] motion for leave to file amended complaint , filed. (seh) |
| Filing 120 Post-Trial memorandum by Richard Gallo in 1:01-cv-11947 , filed. (seh) |
| Filing 119 Reply by Richard Gallo in 1:01-cv-11947 to response to [102-1] motion for leave to file amended complaint , filed. (seh) |
| Filing 118 Proposed Findings of Fact and Conclusions of Law by Richard Gallo in 1:01-cv-11947 received for filing. (seh) |
| Filing 117 Proposed Findings of Fact and Conclusion of Law by Service Employees in 1:01-cv-11947 received for filing. (seh) |
| Filing 116 Post-Trial brief by Service Employees in 1:01-cv-11947 , filed. (seh) |
| Filing 115 Memorandum by Service Employees in 1:01-cv-11947 in opposition to [104-1] motion to amend [4-1] amended complaint, [102-1] motion for leave to file amended complaint, filed; c/s. (sat) |
| Judge Morris E. Lasker . Endorsed Order entered denying [74-1] motion for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's complaint. MOTION DENIED. cc/cl [EOD Date 7/17/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered denying [73-1] motion in limine to remedy the unfair consequences of improper instructions not to answer questions during depositions. MOTION DENIED. cc/cl [EOD Date 7/17/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [76-1] motion for leave to file memorandum in excess of 20 pages. MOTION GRANTED. cc/cl [EOD Date 7/17/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [86-1] motion in limine to deem admissible testimony and documents pertaining to Seiu's participation in drafting the hearing officers' decision. MOTION GRANTED TO EXTENT INDICATED ON THE RECORD AT TRIAL. cc/cl [EOD Date 7/17/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered denying [65-1] motion for protective order. MOTION DENIED AS MOOT. cc/cl [EOD Date 7/17/02] (seh) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: address not known. (seh) |
| Filing 114 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL; DAY EIGHT: Court has conference with councel on the record regarding post trial scheduling; Finding of ffacts and conclusion of law are due on 7/22/02; Defendant's object to the two rebuttal witnesses; Arguments; Court DENIES objections and will hear witnesses; Evidence continues; Parties rest; Motions filed; Court takes case under advisement; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 113 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL; DAY SEVEN: Evidence continues; Court in recess until 7/3/02 at 9:00 a.m.; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 112 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL; DAY SIX: Arguments on motion for judgment as a matter of law for the defendants; Court takes motion under advisement; Evidence continues; Court in recess untill 7/2/02 at 9:00 a.m.; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 106 Memorandum of law by Richard Gallo in 1:01-cv-11947 re: Powers of Trustee and effect of the Trusteeship, filed. (seh) |
| Filing 105 Memorandum of law by Kenneth T. Lyons in 1:01-cv-11947 re: waiver of work product privilege, filed. (seh) |
| Filing 104 Motion by Kenneth T. Lyons in 1:01-cv-11947 to amend [4-1] amended complaint , filed. (seh) |
| Filing 111 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL: DAY FIVE; Conference with counsel on scheduling; Evidence continues; Plaintiff rests; Defendant files motion; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 103 Memorandum by Richard Gallo in 1:01-cv-11947 in support of [102-1] motion for leave to file amended complaint , filed. (seh) |
| Filing 102 Motion by Richard Gallo in 1:01-cv-11947 for leave to file amended complaint , filed. (seh) |
| Filing 101 SECOND Amended complaint by Kenneth T. Lyons in 1:01-cv-11947 filed. (Answer due 7/8/02 for Service Employees, for Employees ) . Amended complaint amends [4-1] amended complaint. (seh) |
| Filing 110 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL: DAY FOUR; Evidence continues; Court in recess until 6/28/02 at 9:00 a.m.; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Judge Morris E. Lasker . Endorsed Order entered denying [92-1] motion to quash subpoena. MOTION DISPOSED OF AS INDICATED ON THE RECORD 6/26/02. cc/cl [EOD Date 6/28/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered denying [96-1] motion to preclude plaintiff and plaintiff-intervenor from calling James Hartman to testify at trial. MOTION DENIED. cc/cl [EOD Date 6/28/02] (seh) |
| Filing 100 Response by Kenneth T. Lyons in 1:01-cv-11947 in opposition to [96-1] motion to preclude plaintiff and plaintiff-intervenor from calling James Hartman to testify at trial , filed. (seh) |
| Filing 109 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL: DAY THREE; Court has conference with counsel in chambers on the record; Court questions counsel regarding scheduling; also, Court rules on defendant's motion to quash subpoena-DENIED; Evidence continues; Court in recess until 6/27/02 at 9:00 a.m.; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 99 Memorandum by Service Employees in 1:01-cv-11947 in opposition to [98-1] memorandum re: plaintiffs' burden, filed. (seh) |
| Filing 96 Motion by Service Employees in 1:01-cv-11947 to preclude plaintiff and plaintiff-intervenor from calling James Hartman to testify at trial , filed. (seh) |
| Filing 108 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL: DAY TWO; Court rules that Mr. Weinbeerg may sit at counsel table; Evidence continues; Court in recess until 6/26/02 at 9:00 a.m.; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 97 Response by Kenneth T. Lyons in 1:01-cv-11947 in opposition to [92-1] motion to quash subpoena , filed. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting in part, denying in part [95-1] motion to disqualify Robert Weinberg on the basis that he is a likely witness. MOTION DISPERSED OF AS INDICATED ON THE RECORD IN OPEN COURT THIS DATE. cc/cl [EOD Date 6/26/02] (seh) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: forwarding expired. (seh) |
| Filing 107 Judge Morris E. Lasker . Clerk's Notes: re: BENCH TRIAL: DAY ONE; Opening statements; Evidence begins; Case in recess until 6/25/02 at 9:00 a.m.; Court Reporter: Nemetz (seh) |
| Bench trial held (seh) |
| Filing 98 Memorandum of law by Kenneth T. Lyons in 1:01-cv-11947 re: plaintiffs' burden, filed. (seh) |
| Filing 95 Motion by Kenneth T. Lyons in 1:01-cv-11947 to disqualify Robert Weinberg on the basis that he is a likely witness , filed. (seh) |
| Filing 94 Certificate of service by Service Employees in 1:01-cv-11947 re: [92-1] motion to quash subpoena , filed. (seh) |
| Filing 93 Certificate of Consultation re: [92-1] motion to quash subpoena , filed. (seh) |
| Filing 92 Motion by Service Employees in 1:01-cv-11947 to quash subpoena , filed. (seh) |
| Filing 91 Memorandum by Service Employees in 1:01-cv-11947 in opposition to [86-1] motion in limine to deem admissible testimony and documents pertaining to Seiu's participation in drafting the hearing officers' decision , filed. (seh) |
| Filing 90 Response by Service Employees in 1:01-cv-11947 in opposition to [86-1] motion in limine to deem admissible testimony and documents pertaining to Seiu's participation in drafting the hearing officers' decision , filed. (seh) |
| Filing 89 Judge Morris E. Lasker . Clerk's Notes: re: telephone conference. Conference held regarding scheduling and deciding pending motions; SET Jury trial for 6/24/02 ; Motion will be addressed on first day of trial; Court Reporter: none (seh) |
| Tele-conference held . (seh) |
| Filing 84 Supplement to Plaintiff Richard Gallo's Pre-Trial Memorandum, filed; c/s (sat) |
| Filing 88 Short List of Relevant Decisions filed by the plaintiff; c/s. (sat) |
| Filing 87 Memorandum by Kenneth T. Lyons in 1:01-cv-11947 in support of [86-1] motion in limine to deem admissible testimony and documents pertaining to Seiu's participation in drafting the hearing officers' decision, filed; c/s. (sat) |
| Filing 86 Motion by Kenneth T. Lyons in 1:01-cv-11947 in limine to deem admissible testimony and documents pertaining to Seiu's participation in drafting the hearing officers' decision , filed; c/s. (sat) |
| Filing 85 Pretrial memorandum by Kenneth T. Lyons in 1:01-cv-11947 , filed; c/s. (sat) |
| Filing 83 Pretrial memorandum by Kenneth T. Lyons in 1:01-cv-11947 , filed. (seh) |
| Filing 82 Response by Kenneth T. Lyons in 1:01-cv-11947 in opposition to [74-1] motion for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's complaint , filed. (seh) |
| Filing 81 Pretrial memorandum by Service Employees in 1:01-cv-11947 , filed. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [68-1] motion for Page Kennedy to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 39715 Added Page Kennedy. MOTION ALLOWED. cc/cl [EOD Date 6/13/02] (seh) |
| Filing 80 Certificate of service by Service Employees in 1:01-cv-11947 re: [79-1] affidavit, [78-1] statement, [77-1] certificate, [76-1] motion for leave to file memorandum in excess of 20 pages, [75-1] certificate, [74-1] motion for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's complaint , filed. (sat) |
| Filing 79 Declaration of Philip A. Hostak re: [74-1] motion for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's, filed. (sat) |
| Filing 78 Statement of Facts by Service Employees in 1:01-cv-11947 re: [74-1] motion for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's complaint, filed. (sat) |
| Filing 77 Certificate of Consultation re: [76-1] motion for leave to file memorandum in excess of 20 pages, filed. (sat) |
| Filing 76 PARTIALLY ASSENTED TO Motion by Service Employees in 1:01-cv-11947 for leave to file memorandum in excess of 20 pages , filed. (sat) |
| Filing 75 Certificate of Consultation re: [74-1] motion for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's complaint, filed. (sat) |
| Filing 74 Motion by Service Employees in 1:01-cv-11947 for summary judgment on all counts of plaintiff Kenneth T. Lyons' complaint and on Counts One through Four of Plaintiff-Intervernor's complaint , filed. (sat) |
| Filing 73 Motion by Kenneth T. Lyons in 1:01-cv-11947 in limine to remedy the unfair consequences of improper instructions not to answer questions during depositions , filed. (seh) |
| Filing 72 Response by Kenneth T. Lyons in 1:01-cv-11947 in opposition to [65-1] motion for protective order , filed. (seh) |
| Filing 71 Reply/response by Richard Gallo in 1:01-cv-11947 to [65-1] motion for protective order , filed. (seh) |
| Filing 70 Affidavit of Page Kennedy, re: [68-1] motion for Page Kennedy to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 39715 , filed. (seh) |
| Filing 69 Certificate of service by Service Employees in 1:01-cv-11947 re: [68-1] motion for Page Kennedy to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 39715 , filed. (seh) |
| Filing 68 Motion by Service Employees in 1:01-cv-11947 for Page Kennedy to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 39715 , filed. (seh) |
| Filing 67 Certificate of Consultation re: [65-1] motion for protective order , filed. (seh) |
| Filing 66 Memorandum by Service Employees in 1:01-cv-11947 in support of [65-1] motion for protective order , filed. (seh) |
| Filing 65 Motion by Service Employees in 1:01-cv-11947 for protective order , filed. (seh) |
| Filing 64 Certificate of service by Service Employees in 1:01-cv-11947 re: [63-1] intervenor answer , filed. (seh) |
| Filing 63 Answer by Service Employees in 1:01-cv-11947 to [51-1] intervenor complaint , filed. (seh) |
| Filing 62 Judge Morris E. Lasker. Order entered. It is hereby ORDERED that Attorney Max D. Stern, counsel for plaintiff-intervenor Richard E. Gallo, shall be available for the expedited deposition and trial proceedings ordered in the above-entitled matter from 5/14/02 through 5/31/02 and 6/24/02 through 6/28/02 and shall not honor any competing obligations on said dates absent authorization for this Court. cc/cl [EOD Date 4/25/02] (seh) |
| Filing 61 Letter by Max D. Stern in 1:01-cv-11947 dated: 4/18/02 to: Court re: attached proposed protective order filed. (jdj) |
| Filing 59 Notice by Kenneth T. Lyons in 1:01-cv-11947 withdrawing [57-1] motion for authorization to contact members of the Nage Executive Committee , filed. (jdj) |
| Filing 60 Answer by Service Employees in 1:01-cv-11947 to complaint , filed cs. (jdj) |
| Filing 58 Judge Morris E. Lasker . Clerk's Notes: re: motion hearing. Motions decided as per endorsements; Court Reporter: none (seh) |
| Judge Morris E. Lasker . Endorsed Order entered withdrawing [2-1] motion for preliminary injunction. THE PARTIES AND THE INTERVENOR HAVING STIPULATED THAT A TRIAL IS NECESSARY TO DETERMINE THE REQUEST FOR INJUNCTIVE RELIEF, THIS MOTION IS MARKED WITHDRAW. cc/cl [EOD Date 4/10/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered denying [35-1] motion to intervene. THE PARTIES HAVING STIPULATED TO THE INTERVENTION OF RICHARD GALLO, THIS MOTION IS DENIED AS MOOT. cc/cl [EOD Date 4/10/02] (seh) |
| Judge Morris E. Lasker . Endorsed Order entered denying [52-1] motion for joinder to Kenneth Lyons' motion for preliminary injunction. MOTION DENIED AS MOOT IN LIGHT OF THE WITHDRAWAL OF PLAINIFF'S MOTION FOR PRELIMINARY INJUNCTION. cc/cl [EOD Date 4/10/02] (seh) |
| Motion hearing HELD re: [52-1] motion for joinder to Kenneth Lyons' motion for preliminary injunction, [35-1] motion to intervene Motion hearing held, [2-1] motion for preliminary injunction Motion hearing held (seh) |
| Filing 57 Motion by Richard Gallo in 1:01-cv-11947 for authorization to contact members of the Nage Executive Committee , filed. (seh) |
| Filing 56 Judge Morris E. Lasker . Memorandum and Order entered. granting in part, denying in part [15-1] motion to dismiss IT IS SO ORDERED. (See document #56 for complete Memorandum and Order) cc/cl [EOD Date 3/29/02] (seh) |
| Filing 55 Judge Morris E. Lasker . Clerk's Notes: re: motion hearing. Hearing held on defendant's motion to dismiss; Decision taken under advisement; Court Reporter: none (seh) |
| Motion hearing re: [15-1] motion to dismiss Motion hearing held (seh) |
| Filing 54 Memorandum by Kenneth T. Lyons in 1:01-cv-11947 in support of [35-1] motion to intervene , filed. (seh) |
| Filing 53 Reply/response by Service Employees in 1:01-cv-11947 to [35-1] motion to intervene , filed. (seh) |
| Filing 52 Motion by Richard Gallo in 1:01-cv-11947 for joinder to Kenneth Lyons' motion for preliminary injunction , filed. (seh) |
| Filing 51 Intervenor's complaint by Richard E. Gallo to case(s) 1:01-cv-11947, against Service Employees in 1:01-cv-11947, filed. (seh) |
| Filing 50 CORRECTED Response by Service Employees in 1:01-cv-11947 to [35-1] motion to intervene , filed. (seh) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: forwarding expired. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [16-1] motion for leave to file a Memorandum in excess of twenty pages. MOTION ALLOWED. cc/cl [EOD Date 3/21/02] (seh) |
| Filing 49 Certificate of service by Service Employees in 1:01-cv-11947 re: [48-1] reply , filed. (seh) |
| Filing 48 Response by Service Employees in 1:01-cv-11947 to [35-1] motion to intervene , filed. (seh) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: forwarding expired. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [45-1] motion to extend time to 3/18/02 to respond to motion to intervene. Motion Allowed, By the Court, George H. Howarth, Deputy Clerk cc/cl [EOD Date 3/11/02] (seh) |
| Filing 47 Certificate of service by Service Employees in 1:01-cv-11947 re: [45-1] motion to extend time to 3/18/02 to respond to motion to intervene , filed. (seh) |
| Filing 46 Certificate of Consultation re: [45-1] motion to extend time to 3/18/02 to respond to motion to intervene , filed. (seh) |
| Filing 45 Motion by Service Employees in 1:01-cv-11947 to extend time to 3/18/02 to respond to motion to intervene , filed. (seh) |
| Filing 44 Certificate of service by Service Employees in 1:01-cv-11947 re: [43-1] reply, [15-1] motion to dismiss , filed. (seh) |
| Filing 43 Reply Memorandum by Service Employees in 1:01-cv-11947 in support of [15-1] motion to dismiss , filed. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [40-1] motion for leave to file reply memorandum in excess of 20 pages. MOTION ALLOWED. cc/cl [EOD Date 3/6/02] (seh) |
| Filing 42 Judge Morris E. Lasker . Notice of Hearing/conference: Motion hearing set for 2:00 3/26/02 for [35-1] motion to intervene, set for 2:00 3/26/02 for [15-1] motion to dismiss, set for 2:00 3/26/02 for [2-1] motion for preliminary injunction . cc/cl (seh) |
| Filing 41 Certificate of Consultation re: [40-1] motion for leave to file reply memorandum in excess of 20 pages, filed. (sat) |
| Filing 40 Motion by Service Employees in 1:01-cv-11947 for leave to file reply memorandum in excess of 20 pages , filed; c/s. (sat) |
| Judge Morris E. Lasker . Endorsed Order entered granting [38-1] motion to extend time to 03/01/02 to to file its reply brief in support of its motion to dismiss the complaint .cc/cl [EOD Date 2/25/02] (ghh) |
| Filing 38 Motion by Service Employees in 1:01-cv-11947 to extend time to 03/01/02 to to file its reply brief in support of its motion to dismiss the complaint , filed. c/s assented to (ghh) Modified on 02/25/2002 |
| Judge Morris E. Lasker . Endorsed Order entered granting [34-1] motion for leave to file opposition in excess of twenty pages. MOTION ALLOWED. cc/cl [EOD Date 2/28/02] (seh) |
| Filing 37 Certificate of Consultation re: [35-1] motion to intervene , filed. (mlb) |
| Filing 36 Memorandum by Richard Gallo in 1:01-cv-11947 in support of [35-1] motion to intervene , filed. (mlb) |
| Filing 35 Motion by Richard Gallo in 1:01-cv-11947 to intervene , filed. c/s. (mlb) |
| Filing 34 Assented-to Motion by Kenneth T. Lyons in 1:01-cv-11947 for leave to file opposition in excess of twenty pages , filed; c/s. (sat) |
| Filing 39 Response by Kenneth T. Lyons in 1:01-cv-11947 in opposition to [15-1] motion to dismiss , filed. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [33-1] motion to extend time to February 15, 2002 to file opposition to motion to dismiss, granting [33-2] motion to extend time to February 25, 2002 for defendant to respond to opposition to motion to dismiss, Response to motion reset to 2/15/02 for [15-1] motion to dismiss , Reply to Response to Motion reset to 2/25/02 for [15-1] motion to dismiss . [EOD Date 2/13/02] Copy sent to counsel on 2/13/02. (sat) |
| Mail sent to W. Gary Kohlman, Esq returned by Post Office because: Undeliveralbe as addressed - forwarding order expired. (sat) |
| Mail sent to W. Gary Kohlman, Esq. returned by Post Office because: Undeliverable as addressed - forwarding order expired. (sat) |
| Filing 33 Assented-to Motion by Kenneth T. Lyons in 1:01-cv-11947 to extend time to February 15, 2002 to file opposition to motion to dismiss , and to extend time to February 25, 2002 for defendant to respond to opposition to motion to dismiss , filed; c/s. (sat) |
| Judge Morris E. Lasker . Endorsed Order entered granting [20-1] motion for leave to file memorandum in excess of 20 pages .cc/cl [EOD Date 1/25/02] (ghh) |
| Filing 32 Appendix/exhibits by Service Employees in 1:01-cv-11947 in support of [25-1] affidavit of Orrin D. Baird, filed. (Volume V: Exhibits I-L) (seh) |
| Filing 31 Appendix/exhibits by Service Employees in 1:01-cv-11947 in support of [25-1] affidavit of Orrin D. Baird, filed. (Volume IV: Exhibit H) (seh) |
| Filing 30 Appendix/exhibits by Service Employees in 1:01-cv-11947 in support of [25-1] affidavit of Orrind D. Baird, filed. (Volume III: Exhibits E-G) (seh) |
| Filing 29 Appendix/exhibits by Service Employees in 1:01-cv-11947 in support of [25-1] affidavit of Orrin D. Baird, filed. (Volume II: Exhibit D) (seh) |
| Filing 28 Appendix/exhibits by Service Employees in 1:01-cv-11947 in support of [25-1] affidavit of Orring D. Baird, filed. (Volume I; Exhibits A-C) (seh) |
| Filing 27 Appendix/exhibits by Service Employees in 1:01-cv-11947 in support of [23-1] opposition memorandum, [2-1] motion for preliminary injunction , filed. (seh) |
| Filing 26 Declaration of Joseph Buckley, re: [23-1] opposition memorandum, [2-1] motion for preliminary injunction , filed. (seh) |
| Filing 25 Declaration of Orrin D. Baird, re: [23-1] opposition memorandum, [2-1] motion for preliminary injunction , filed. (seh) |
| Filing 24 Certificate of service by Service Employees in 1:01-cv-11947 re: [23-1] opposition memorandum, [2-1] motion for preliminary injunction , filed. (seh) |
| Filing 23 Memorandum by Service Employees in 1:01-cv-11947 in opposition to [2-1] motion for preliminary injunction , filed. (seh) |
| Filing 22 Certificate of Consultation re: [16-1] motion for leave to file a Memorandum in excess of twenty pages , filed. (seh) |
| Filing 21 Certificate of service by Service Employees in 1:01-cv-11947 re: [20-1] motion for leave to file memorandum in excess of 20 pages , filed. (seh) |
| Filing 20 Motion by Service Employees in 1:01-cv-11947 for leave to file memorandum in excess of 20 pages , filed. (seh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [14-1] motion to extend time to 1/18/02 to respond to Motion for Preliminary Injunction .cc/cl [EOD Date 1/24/02] (ghh) |
| Filing 19 Certificate of Consultation re: [16-1] motion for leave to file a Memorandum in excess of twenty pages , filed. (mlb) |
| Filing 18 Certificate of Consultation re: [15-1] motion to dismiss , filed. (mlb) |
| Filing 17 Certificate of service by Service Employees in 1:01-cv-11947 re: [16-1] motion for leave to file a Memorandum in excess of twenty pages , filed. (mlb) |
| Filing 16 Motion by Service Employees in 1:01-cv-11947 for leave to file a Memorandum in excess of twenty pages , filed. (mlb) |
| Filing 15 Motion by Service Employees in 1:01-cv-11947 to dismiss , filed. (mlb) |
| Filing 14 Assented to Motion by Service Employees in 1:01-cv-11947 to extend time to 1/18/02 to respond to Motion for Preliminary Injunction , filed. c/s. (mlb) |
| Judge Morris E. Lasker . Endorsed Order entered granting [12-1] motion to extend time to 1/11/02 to dismiss and opposition, Response to motion reset to 1/11/02 for [2-1] motion for preliminary injunction and filing of Motion to Dismiss to 1/11/02. Defendants response to plaintiffs opposition to Motion to Dismiss due 2/21/02 . cc/cl. [EOD Date 1/11/02] (mlb) |
| Filing 13 Return of service executed as to Service Employees in 1:01-cv-11947 with service on 1/3/02 filed. Answer due on 1/23/02 for Service Employees (ghh) |
| Filing 12 Assented to Motion by Service Employees in 1:01-cv-11947 to extend time to 1/11/02 to dismiss and opposition , filed, c/s. (ktb) |
| Filing 10 Letter by Kevin T. Peters dated: 12/5/01 to: Nicholas Walsh re discovery schedule, filed. (ktb) |
| Filing 11 Return of service executed as to Service Employees with service on 11/26/01 filed. Answer due on 12/16/01 for Service Employees (sat) |
| Judge Morris E. Lasker . Endorsed Order entered granting [7-1] motion for w. Gary Kohlman to appear pro hac vice fee status: pd fee amt: $50.00 Receipt #: 35442 Added W. Gary Kohlman . [EOD Date 12/5/01] cc/cl (sad) |
| Filing 9 Judge Morris E. Lasker . Clerk's Notes: re: status conference Court Reporter: none; schedule adopted as follows; defendant will file opposition to motion for preliminary injunction and motion to dismiss by 12/20/01.plaintiff will file reply if any and opposition to motion to dismiss by 1/20/02. defendant will file reply if any within 10 days. the parties will send a letter confirming these dates to the court. (sad) |
| Status conference held . (sad) |
| Filing 8 Motion by Kenneth T. Lyons for Robert M. Weinberg to appear pro hac vice fee status: pd fee amt: $50.00 Receipt #: 35442 , filed. c/s. (mlb) |
| Filing 7 Motion by Kenneth T. Lyons for w. Gary Kohlman to appear pro hac vice fee status: pd fee amt: $50.00 Receipt #: 35442 , filed. (mlb) |
| Filing 6 Motion by Service Employees to continue scheduling conference till December 3, 2001 at 2:30 p.m. , filed. (ghh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [6-1] assented to motion to continue scheduling conference till December 3, 2001 at 2:30 p.m. .cc/cl [EOD Date 11/27/01] (ghh) |
| Filing 5 Memorandum by Kenneth T. Lyons in support of [2-1] motion for preliminary injunction , filed.c/s (ghh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [3-1] motion for leave to file memo in excess of twenty pages . [EOD Date 11/19/01] cc/cl (ghh) |
| Filing 4 Amended complaint by Kenneth T. Lyons filed. (Answer due 11/24/01 for Service Employees ) . Amended complaint amends [1-1] complaint. (sat) |
| Filing 3 Motion by Kenneth T. Lyons for leave to file memo in excess of twenty pages , filed. (ghh) |
| Filing 2 Motion by Kenneth T. Lyons for preliminary injunction , filed. (ghh) |
| Filing 1 Complaint filed. Case assigned to Judge: Lasker. Receipt #: 35087 Amount:$ 150.00. Fee Status: pd (ghh) |
| Summons issued for Service Employees (ghh) |
| Judge Morris E. Lasker . Endorsed Order entered granting [8-1] motion for Robert M. Weinberg to appear pro hac vice fee status: pd fee amt: $50.00 Receipt #: 35442 Added Robert M. Weinberg . [EOD Date 12/5/01] cc/cl (sad) |
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