Walsh v. Local 688, International Brotherhood of Teamsters
| Martin J. Walsh |
| Local 688, International Brotherhood of Teamsters |
| 4:2021cv00902 |
| July 22, 2021 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 0401 Labor Management Disclosure Act |
| None |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 37
JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment in this case is entered in favor of Plaintiff Martin Walsh, the Secretary of Labor, and against Defendant Local 688, International Brotherhood of Teamsters. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the November 2020 election conducted by Defendant Local 688, International Brotherhood of Teamsters is VOID. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall conduct a new election under the supervision of Plaintiff, the Secretary of Labor, and in accordance with the constitution and bylaws of Defendant insofar as they are not inconsistent with the provisions of 29 U.S.C. 48184. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the parties shall file a status report with the Court, no later than by February 6, 2023. IT IS FINALLY ORDERED, ADJUDGED, AND DECREED that Plaintiff, upon completion of the supervised election, promptly certify to the Court the names of the persons elected. Signed by District Judge Matthew T. Schelp on 11/8/2022. (TMT)
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Filing 36
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment, Doc. #26 , is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment, Doc. #23 , is GRANTED. IT IS FURTHER ORDERED that the November 2020 election is void and a new election is ordered under the supervision of the Secretary of Labor. The court will retain jurisdiction of this matter until a new election is held. The parties are directed to file a status report within ninety (90) days of this Memorandum and Order. A separate Judgment will accompany this Memorandum and Order. (Status Report due by 2/6/2023.) Signed by District Judge Matthew T. Schelp on 11/8/2022. (TMT)
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| Filing 35 REPLY to Response to Motion re #26 First MOTION for Summary Judgment filed by Defendant Local 688, International Brotherhood of Teamsters. (Attachments: #1 Exhibit Deposition of Willa Moorman)(Wolfe, Gary) |
| Filing 34 REPLY to Response to Statement of Material Facts re #25 Statement of Material Facts filed by Plaintiff Martin J. Walsh. (Keller, Roger) Modified on 10/25/2022 (TMT). |
| Filing 33 REPLY to Response to Motion re #23 MOTION for Summary Judgment filed by Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit N - Reports of Interview)(Keller, Roger) |
| Filing 32 RESPONSE to #25 STATEMENT of Material Facts re #23 MOTION for Summary Judgment filed by Defendant Local 688, International Brotherhood of Teamsters. (Wolfe, Gary) Modified on 10/17/2022 (TMT). |
| Filing 31 MEMORANDUM in Opposition re #23 MOTION for Summary Judgment filed by Defendant Local 688, International Brotherhood of Teamsters. (Attachments: #1 Exhibit FEC Member Affidavits)(Wolfe, Gary) Modified on 10/17/2022 (TMT). |
| Filing 30 RESPONSE to Statement of Material Facts re #28 Statement of Material Facts filed by Plaintiff Martin J. Walsh. (Keller, Roger) |
| Filing 29 RESPONSE in Opposition re #26 First MOTION for Summary Judgment filed by Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit K - Deposition of Robert Kersting, #2 Exhibit L - Deposition of Tracy Shanker, #3 Exhibit M - Defendant's Responses to Plaintiff's Requests for Admissions to Defendant)(Keller, Roger) |
| Filing 28 STATEMENT of Material Facts re #26 First MOTION for Summary Judgment filed by Defendant Local 688, International Brotherhood of Teamsters. (Wolfe, Gary) |
| Filing 27 MEMORANDUM in Support of Motion re #26 First MOTION for Summary Judgment filed by Defendant Local 688, International Brotherhood of Teamsters. (Attachments: #1 Affidavit Fair Election Commitee Members)(Wolfe, Gary) |
| Filing 26 First MOTION for Summary Judgment by Defendant Local 688, International Brotherhood of Teamsters. (Wolfe, Gary) |
| Filing 25 STATEMENT of Material Facts re #23 MOTION for Summary Judgment filed by Plaintiff Martin J. Walsh. (Keller, Roger) |
| Filing 24 MEMORANDUM in Support of Motion re #23 MOTION for Summary Judgment filed by Plaintiff Martin J. Walsh. (Keller, Roger) |
| Filing 23 MOTION for Summary Judgment by Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit A - Deposition of Christopher Tongay, #2 Exhibit B - Deposition Exhibit 2 - Missouri Teamsters, #3 Exhibit C - Deposition of Perry Smith, #4 Exhibit D - Deposition of Larry Sprinkle, #5 Exhibit E - Deposition Exhibit 5 - Membership Meeting Agenda, November 2020, #6 Exhibit F - Deposition of Warren Oberdieck, #7 Exhibit G - Defendant's Answers to Plaintiff's First Set of Interrogatories, #8 Exhibit H - Deposition of Willa Moorman, #9 Exhibit I - Deposition of Sharon R. Jordan, #10 Exhibit J - Statement of Christopher Tongay)(Keller, Roger) |
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Filing 22
FIRST AMENDED CASE MANAGEMENT ORDER: This case is assigned to Track: 2 (Standard) IT IS HEREBY ORDERED that the the parties' Joint Motion to Amend, Doc. #21 , is GRANTED and the following schedule shall apply in this case, and will be modified only upon good cause shown: [SEE ORDER FOR COMPLETE DETAILS] (Discovery Completion due by 8/26/2022. Non-Dispositive Motions due by 9/6/2022. Dispositive Motions due by 9/26/2022. Jury Trial set for 1/23/2023 08:30 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Pretrial Compliance due by 1/3/2023. Motion in Limine due by 1/13/2023.) Signed by District Judge Matthew T. Schelp on 7/18/2022. (TMT)
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| Filing 21 Joint MOTION to Amend/Correct #14 Case Management Order,, by Plaintiff Martin J. Walsh. (Keller, Roger) |
| Filing 20 ADR COMPLIANCE REPORT Neutral: McCarter, W. Dudley. Date of Conference: 05122022. The parties participated in good faith. The parties did not achieve a settlement.(McCarter, W.) |
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Filing 19
Docket Text ORDER Re: #18 Joint MOTION to Continue Date for Completing Mediation by Plaintiff Martin J. Walsh; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 4/18/2022. (TMT)
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| Filing 18 Joint MOTION to Continue Date for Completing Mediation by Plaintiff Martin J. Walsh. (Keller, Roger) |
| Filing 17 NOTICE of Appointment of Neutral. Neutral name: McCarter, W. Dudley Neutral selected by parties. (cc: Neutral)(TMT) |
| Filing 16 Designation of Neutral by parties and ADR Conference Report by Plaintiff Martin J. Walsh Neutral: McCarter, W. Dudley Date of Conference: April 26, 2022 time: 9:00 a.m. Location: Mediator's Office(Keller, Roger) |
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Filing 15
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Nicholas P. Llewellyn ADR Completion Deadline due by 5/2/2022. ADR Compliance Report Deadline due by 5/16/2022. Designation of Neutral/Conference Report due by 3/21/2022. Signed by District Judge Matthew T. Schelp on March 1, 2022. (BRP)
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Filing 14
CASE MANAGEMENT ORDER This case is assigned to Track: two Motion to Join Parties due by 2/25/2022. Discovery Completion due by 7/22/2022. Non-Dispositive Motions due by 8/2/2022. ADR Future Reference 3/1/2022. Dispositive Motions due by 8/26/2022. Jury Trial set for 1/23/2023 08:30 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Pretrial Compliance due by 1/3/2023. Motion in Limine due by 1/13/2023. [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Matthew T. Schelp on 12/09/2021. (KCD)
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| Filing 13 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp:Rule 16 Conference held on 12/9/2021. Court reporter not present. Conference held via Zoom. The Court hears from the parties. CMO to issue. (proceedings started: 10:04 am) (proceedings ended: 10:11 am) (Appearance for Plaintiff: Roger Keller)(Appearance for Defendant: Brian Spector) (TMT) |
| Filing 12 ENTRY of Appearance by Brian A. Spector for Defendant Local 688, International Brotherhood of Teamsters. (TMT) |
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Filing 11
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's motion to reschedule the Rule 16 Conference, Doc. #10 , is DENIED. Signed by District Judge Matthew T. Schelp on 12/7/2021. (TMT)
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| Filing 10 Consent MOTION to Continue Rule 16 Conference by Defendant Local 688, International Brotherhood of Teamsters. (Wolfe, Gary) |
| Filing 9 JOINT SCHEDULING PLAN by Defendant Local 688, International Brotherhood of Teamsters. . (Wolfe, Gary) |
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Filing 8
RULE 16 ORDER This case is assigned to Track: two Joint Scheduling Plan due by 12/7/2021. Rule 16 Conference set for 12/9/2021 10:00 AM in Zoom Video Conference before District Judge Matthew T. Schelp. [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Matthew T. Schelp on 11/24/2021. (KCD)
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| Filing 7 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Local 688, International Brotherhood of Teamsters. Parent companies: International Brotherhood of Teamsters, Subsidiaries: None, Publicly held company: None,. (Wolfe, Gary) |
| Filing 6 ANSWER to #1 Complaint, by Local 688, International Brotherhood of Teamsters.(Wolfe, Gary) |
| Filing 5 ENTRY of Appearance by Gary S. Wolfe for Defendant Local 688, International Brotherhood of Teamsters. (Wolfe, Gary) |
| Filing 4 ENTRY of Appearance by Roger A. Keller, Jr for Plaintiff Martin J. Walsh. (Keller, Roger) |
| Filing 3 SUMMONS Returned Executed filed by Martin J. Walsh. Local 688, International Brotherhood of Teamsters served on 7/28/2021, answer due 8/18/2021. (Llewellyn, Nicholas) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Martin J Walsh Process Server: Hurst Investigation Services, Inc. (JKL) |
| Filing 1 COMPLAINT against defendant Local 688, International Brotherhood of Teamsters Non-Jury Demand,, filed by Martin J Walsh. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet, #3 Summons, #4 Notice of Intent to Use Process Server)(Llewellyn, Nicholas) |
| Case Opening Notification: 1 Summons(es) issued. The summons was emailed to Attorney Nicholas P. Llewellyn. Judge Assigned: Honorable Matthew T. Schelp. (JKL) |
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| Plaintiff: Martin J. Walsh | |
| Represented By: | Nicholas P. Llewellyn |
| Represented By: | Roger A. Keller, Jr. |
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| Defendant: Local 688, International Brotherhood of Teamsters | |
| Represented By: | Gary S. Wolfe |
| Represented By: | Brian A. Spector |
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