H Carr & Sons, LLC v. New England Painting
| H Carr & Sons, LLC |
| New England Painting and New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board |
| 1:2023cv11359 |
| June 16, 2023 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 27 Judge Richard G. Stearns: ORDER entered granting #18 Motion to Dismiss for Failure to State a Claim. (Zierk, Marsha) |
| Filing 26 AFFIDAVIT in Support re #25 Opposition to Motion . (Brennan, Melissa) |
| Filing 25 Opposition re #21 MOTION to Disqualify Counsel filed by New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board. (Brennan, Melissa) |
| Filing 24 Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by H Carr & Sons, LLC. (Attachments: #1 Exhibit Collective Bargaining Agrmt)(Sams, Michael) |
| Filing 23 REPLY to Response to #3 Emergency MOTION for Temporary Restraining Order filed by H Carr & Sons, LLC. (Zwillinger, Alexander) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Disqualify Counsel filed by H Carr & Sons, LLC. (Zwillinger, Alexander) |
| Filing 21 MOTION to Disqualify Counsel by H Carr & Sons, LLC.(Zwillinger, Alexander) |
| Filing 20 AFFIDAVIT in Support re #19 Memorandum in Support of Motion, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Brennan, Melissa) |
| Filing 19 MEMORANDUM in Support re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board. (Brennan, Melissa) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board.(Brennan, Melissa) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #16 plaintiff H. Carr & Sons, LLC's motion for leave to file a "short reply" in response to Defendant New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board's Opposition to its motion for a preliminary injunction. Counsel for Carr must file the Reply brief no later than June 28, 2023. (Zierk, Marsha) |
| Filing 16 MOTION for Leave to File a Reply Memorandum in Further Support of Its Motion for a Preliminary Injunction and Notice of Motion to Disqualify by H Carr & Sons, LLC.(Zwillinger, Alexander) |
| Filing 15 NOTICE of Appearance by Michael P. Sams on behalf of H Carr & Sons, LLC (Sams, Michael) |
| Filing 14 AFFIDAVIT in Support re #13 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Brennan, Melissa) |
| Filing 13 MEMORANDUM in Opposition re #3 Emergency MOTION for Temporary Restraining Order filed by New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board. (Brennan, Melissa) |
| Filing 12 NOTICE of Appearance by Melissa A. Brennan on behalf of New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board (Brennan, Melissa) |
| Filing 11 Civil Cover Sheet & Category Sheet by H Carr & Sons, LLC. (Zwillinger, Alexander) |
| Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered re #3 Emergency MOTION for Temporary Restraining Order filed by H Carr & Sons, LLC. Plaintiff H. Carr & Sons, LLC asks the court to issue an emergency temporary restraining order and preliminary injunction against defendant New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board (Board) from proceeding with a hearing where both the Board and Painters and Allied Trades District Council No. 35 Trust Funds (appearing at the hearing) is represented by Feinberg, Dumont & Brennan. Carr argues that because the Board will be "represented simultaneously by a lawyer that also represents one of the parties appearing before it[,] [s]uch concurrent representation presents a conflict of interest that must be resolved to ensure the process is not forever tainted and illegitimate." Pl.'s Mtn. (Dkt #3) at 1. The court orders that the hearing, currently scheduled for Wednesday June 21, 2023 (tomorrow) be temporarily postponed pending Carr's service of the Complaint and motion for injunctive relief, for the Board to have time to respond, and for the court to hear the matter. Carr must make service of the pleadings currently filed in this case no later than June 30, 2023. The Board has fourteen days after service to file, if any, Opposition to the injunction motion. The court will schedule a hearing shortly thereafter.The court directs Carr to forward this Order to counsel at Feinberg, Dumont & Brennan this morning so that cancellation of the Board's hearing scheduled for tomorrow can be accomplished and quickly disseminated to all involved parties.(Zierk, Marsha) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #5 Motion to Appoint Special Process Server. Plaintiff has 10 days to make service on defendant. (Pacho, Arnold) |
| Filing 8 Summons Issued as to New England Painting, Finishing & Glazing Industries DC 35 Joint Trade Board. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) |
| Filing 7 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 6 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (McManus, Caetlin) |
| Filing 5 MOTION to Appoint Special Process Server by H Carr & Sons, LLC.(Zwillinger, Alexander) |
| Filing 4 MEMORANDUM in Support re #3 Emergency MOTION for Temporary Restraining Order filed by H Carr & Sons, LLC. (Zwillinger, Alexander) |
| Filing 3 Emergency MOTION for Temporary Restraining Order by H Carr & Sons, LLC.(Zwillinger, Alexander) |
| Filing 2 Civil Cover Sheet & Category Sheet re #1 Complaint by H Carr & Sons, LLC. (Zwillinger, Alexander) |
| Filing 1 COMPLAINT and Jury Demand against H Carr & Sons, LLC Filing fee: $ 402, receipt number AMADC-9909429 (Fee Status: Filing Fee paid), filed by H Carr & Sons, LLC.(Zwillinger, Alexander) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
