Overstreet v. Apex Linen Holdings, LLC
| Regional Director Cornele A. Overstreet |
| Apex Linen Holdings, LLC |
| Cornele A. Overstreet |
| 2:2022cv01109 |
| July 12, 2022 |
| US District Court for the District of Nevada |
| Andrew P Gordon |
| Nancy J Koppe |
| Labor: Labor/Mgt. Relations |
| None |
Docket Report
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| Filing 28 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Nancy J. Koppe for all further proceedings. All further documents must bear the correct case number 2:22-cv-01109-APG-NJK. (no image attached) (EDS) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/23/2022. By Judicial Assistant: E. Santiago. With good cause appearing, the Honorable Magistrate Judge Elayna J. Youchah recuses herself in this action.IT IS HEREBY ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 26 NOTICE of Appearance by attorney Paul T. Trimmer on behalf of Respondent Apex Linen Holdings, LLC. (Trimmer, Paul) |
| Filing 25 NOTICE of Appearance by attorney Lynne McChrystal on behalf of Respondent Apex Linen Holdings, LLC. (McChrystal, Lynne) |
| Filing 24 AFFIDAVIT re #23 Order on Motion for TRO, by Respondent Apex Linen Holdings, LLC.. (Trimmer, Paul) |
Filing 23
ORDER Granting in Part #1 Motion for Temporary injunction. It is Further Ordered that, pending the underlying administrative proceedings before theBoard, respondent Apex Linen Holdings, LLC is hereby RESTRAINED AND ENJOINED. See Order for Further Details. Signed by Judge Andrew P. Gordon on 8/1/2022.(Copies have been distributed pursuant to the NEF - LOE)
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Filing 22
ORDER Granting #18 Motion to Seal. IT IS FURTHER ORDERED that Respondent's Memorandum of Points and Authorities in Opposition to the Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act (ECF No. 13 ) is and shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 7/29/2022.(Copies have been distributed pursuant to the NEF - KF)
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| Filing 21 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/28/2022 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Rachel Harvey; Def Counsel: Anthony Hall; Court Reporter: Paige Christian; Time of Hearing: 10:07 a.m. - 11:43 a.m.; Courtroom: 6C; The court heard representations of counsel regarding the plaintiff's motion for a preliminary injunction ECF No. #3 . A portion of the hearing was sealed from 10:54 a.m. - 11:01 a.m. As stated on the record, the court will issue a written order. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) |
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Filing 20
ORDER Granting #19 Motion to Admit Government Attorney. Signed by Judge Andrew P. Gordon on 7/28/2022. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 19 First MOTION to Admit Government Attorney Rachel Harvey by Petitioner Cornele A. Overstreet. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate of Service)(Scheid, Kyler) |
| Filing 18 Second MOTION to Seal Document, #9 Motion to Seal, by Respondent Apex Linen Holdings, LLC. Responses due by 8/9/2022. (Hall, Anthony) |
| Filing 17 ERRATA to #16 Reply by Petitioner Cornele A. Overstreet.. (Attachments: #1 Certificate of Service)(Scheid, Kyler) |
| Filing 16 REPLY to #12 Memorandum, by Petitioner Cornele A. Overstreet. (Attachments: #1 Index, #2 Exhibit, #3 Certificate of Service)(Scheid, Kyler) |
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Filing 15
AMENDED ORDER Correcting ECF No. #14 .IT IS ORDERED that the Motion for Leave to File Under Seal (ECF No. #9 ) is DENIED without prejudice. IT IS FURTHER ORDERED that ECF No. 10 shall be stricken as improperly filed under seal and duplicative of ECF No. #12 . IT IS FURTHER ORDERED that ECF No. 11 is stricken because it is not signed by counsel. IT IS FURTHER ORDERED that ECF No. #12 is properly filed as a redacted document and shall remain as the operative Memorandum of Points and Authorities in Opposition to Petition for Temporary Injunction, together with redacted exhibits, on the public record. IT IS FURTHER ORDERED that ECF No. 13 is properly, provisionally filed under seal without redactions. IT IS FURTHER ORDERED that the Motion to Seal must be refiled identifying for the Court the page and line numbers Defendant seeks to seal and the basis for each sealing request. Signed by Magistrate Judge Elayna J. Youchah on 7/22/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 14
ORDER Denying Without Prejudice #9 Motion to Seal. IT IS FURTHER ORDERED that Defendant must immediately file a redacted version of its Memorandum of Points and Authorities in Opposition to Petition for Temporary Injunction. IT IS FURTHER ORDERED that ECF No. 10 , currently filed under seal, shall remain provisionally sealed until such time as Defendant refiles its Motion for Leave to File Under Seal, which must be filed no later than seven (7) Court days after the date of this Order. Signed by Magistrate Judge Elayna J. Youchah on 7/21/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 12 MEMORANDUM to #7 Motion to Amend/Correct by Respondent Apex Linen Holdings, LLC. (Attachments: #1 Exhibit Declaration of Sheila Rivera, #2 Exhibit Order Authorizing Sale of Assets, #3 Exhibit Order Auth the Rej of Contracts, #4 Exhibit Declaration of Keith Marsh, #5 Exhibit Bankruptcy Order, #6 Exhibit Correspondence re: Redline)(Hall, Anthony) |
| Filing 9 First MOTION to Seal Document by Respondent Apex Linen Holdings, LLC. Responses due by 8/3/2022. (Hall, Anthony) |
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Filing 8
ORDER Granting #7 Motion to Amend. Respondent Apex Linen Holdings, LLC should respond to the changes in the amended petition in its response due 7/20/2022. Signed by Judge Andrew P. Gordon on 7/19/2022. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 7 MOTION to Amend #1 Motion for TRO,, by Petitioner Cornele A. Overstreet. Responses due by 8/1/2022. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Zarate Mancilla, Nestor) (pleading) |
| Filing 6 CERTIFICATE OF SERVICE for #2 Motion to Expedite, #1 Motion for TRO,, #3 Motion for Hearing Before Judge by Petitioner Cornele A. Overstreet.. (Zarate Mancilla, Nestor) |
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Filing 5
ORDER Granting #2 Motion to Expedite. IT IS FURTHER ORDERED that respondent Apex Linen Holdings, LLC shall file a response to the motion for temporary injunction (ECF No. #1 ) by 7/20/2022. Overstreet shall file a reply by 7/25/2022.IT IS FURTHER ORDERED that Overstreet's motion to try the petition for temporary injunction based on the administrative record, affidavits, and documentary evidence (ECF No. #3 ) is GRANTED in part. Judge Gordon will conduct a hearing on whether to grant the petition for injunctive relief on 7/28/2022 at 10:00 a.m. This hearing will be conducted by videoconference. See Order for further details. Signed by Judge Andrew P. Gordon on 7/13/2022. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 4 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS) |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. ***Emergency motion previously filed in case.*** (DRS) |
| Filing 3 MOTION for Hearing by Plaintiff Cornele A. Overstreet. by Plaintiff Cornele A. Overstreet. Responses due by 7/26/2022. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Zarate Mancilla, Nestor) (presiding) |
| Filing 2 MOTION to Expedite by Plaintiff Cornele A. Overstreet. by Plaintiff Cornele A. Overstreet. Responses due by 7/26/2022. (Attachments: #1 Certificate of Service)(Zarate Mancilla, Nestor) (trial) |
| Filing 1 Motion for Temporary Injunction COMPLAINT against Apex Linen Holdings, LLC by Cornele A. Overstreet. Proof of service due by 10/10/2022. (Attachments: #1 Civil Cover Sheet, #2 Index, #3 Exhibit, #4 Exhibit, #5 Proposed Order, #6 Certificate of Service) (Zarate Mancilla, Nestor) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified on 7/13/2022 (DRS). |
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