1199SEIU UNITED HEALTHCARE WORKERS EAST v. AMBOY CARE CENTER, INC. et al
| 1199SEIU UNITED HEALTHCARE WORKERS EAST |
| AMBOY CARE CENTER, INC., TEANECK NURSING CENTER and MANHATTANVIEW HEALTHCARE CENTER |
| AMBOY NURSING AND REHABILITATION CENTER |
| 2:2021cv17291 |
| September 21, 2021 |
| US District Court for the District of New Jersey |
| Kevin McNulty |
| Cathy L Waldor |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 |
| None |
Docket Report
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Filing 24
ORDER that the stay pending appeal is granted on the condition of parties submitting an agreed order escrowing amount in controversy plus 10%. Signed by Judge Kevin McNulty on 11/15/2021. (sm)
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| Filing 23 Letter from David F. Jasinski. (JASINSKI, DAVID) |
| Filing 22 JUDGMENT entered against AMBOY NURSING AND REHABILITATION CENTER in the amount of $270,499.65, plus interest in the amount of $1,603.61 for each thirty (30) days thereafter, plus $24,641.60 for monies owed to Petitioner for Attorneys Fees, plus $4,800.00 for monies owed to the Arbitrator; Judgment entered against TEANECK NURSING CENTER IN THE AMOUNT OF $113,599.81, plus interest in the amount of $701.30 for each thirty (30) days thereafter, plus $24,641.60 for monies owed to Petitioner for Attorneys Fees, plus $4,800.00 for monies owed to the Arbitrator; Judgment entered against MANHATTANVIEW HEALTHCARE CENTER in the amount of $241,058.05, plus interest in the amount of $1,429.13, plus $24,641.60 for monies owed to Petitioner for Attorneys Fees, plus $4,800.00 for monies owed to the Arbitrator. etc. Signed by Judge Kevin McNulty on 11/4/2021.(sm) Modified on 11/19/2021 (sm). |
| Filing 21 Letter from Katherine H. Hansen. (Attachments: #1 Joint Proposed Judgment)(HANSEN, KATHERINE) |
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Filing 20
ORDERED that the parties jointly submit a form of judgment by Tuesday, November 2, 2021; and it is further ORDERED that papers in support of the motion to stay the judgment pending appeal are due via ECF by the 12th day of November, 2021 and that papers in opposition to the motion to stay are due via ECF by the 19th day of November, 2021; and it is further ORDERED that the temporary restraints put into place by the prior Orders (DE #6 , #12 ), shall be continued to maintain the status quo pending decision on the motion to stay pending appeal and, if it is granted, the furnishing of appropriate security. Signed by Judge Kevin McNulty on 10/29/2021. (nic, )
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| Filing 19 Minute Entry for proceedings held before Judge Kevin McNulty: Show Cause Hearing held on 10/29/2021. Ordered temporary restraints to remain in place. Parties to agree on judgment by 11/2/2021. Briefing schedule set. Defendants' motion for a stay pending appeal shall be filed on 11/12/2021 with Plaintiff's response due 11/19/2021 and no replies. Ordered to be filed. (Court Reporter, Rhea Villanti) (nic, ) |
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Filing 18
OPINION & ORDER that the Unions motion to confirm the arbitration award (DE 2) is GRANTED and the Employers cross motion to vacate the arbitration award (DE 15) is DENIED. At the hearing now scheduled for October 29, 2021, the Court will discuss with the parties the form of judgment. The Court retains jurisdiction, and the temporary restraints remain in place. Signed by Judge Kevin McNulty on 10/27/2021. (sm)
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| Filing 17 MOTION for Leave to File Reply Brief by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (HANSEN, KATHERINE) |
| Set Deadlines as to #15 MOTION to Vacate #2 MOTION to Confirm Arbitration award . Motion set for 11/15/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by All Defendants. (JASINSKI, DAVID) |
| Filing 15 MOTION to Vacate #2 MOTION to Confirm Arbitration award by All Defendants. (Attachments: #1 Memorandum in support of cross motion to vacate and in opposition to Petitioner's motion, #2 Certification Certification of Counsel, #3 Text of Proposed Order)(JASINSKI, DAVID) |
| Filing 14 NOTICE of Appearance by DAVID F. JASINSKI on behalf of All Defendants (JASINSKI, DAVID) |
| Filing 13 Application for Refund of Fees (finance notified).. (HANSEN, KATHERINE) |
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Filing 12
ORDER resetting Show Cause Hearing for 10/29/2021 at 10:00 AM via Zoom, etc. before Judge Kevin McNulty. ORDERED that the papers in response to the petitioner's motion to confirm arbitration award (DE #2 ) AND in response to the Order to Show Cause (DE #6 ) are due via ECF filing on or before the 22nd day of October, 2021; and it is further ORDERED that the prior Order (DE 6), including all temporary restraints, otherwise remains in full effect. Signed by Judge Kevin McNulty on 10/7/2021. (nic, )
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| Filing 11 Letter re #6 Order to Show Cause,, Set Hearings,. (JASINSKI, DAVID) |
| Pro Hac Vice counsel, DAVID KIM, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (bt, ) |
| Filing 10 Notice of Request by Pro Hac Vice H. David Kim to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12858640.) (HANSEN, KATHERINE) |
| Filing 9 AFFIDAVIT of Service for Order to Show Cause with Temporary Restraining Order served on Amboy Nursing and Rehabilitation Center, Teaneck Nursing Center, & Manhattanview Healthcare Center on 9/30/2021, filed by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (HANSEN, KATHERINE) |
| Filing 8 AFFIDAVIT of Service for Emergency application for Order to Show Cause with Temporary Restraining Order, and supporting documents served on Amboy Nursing and Rehabilitation Center, Teaneck Nursing Center, & Manhattanview Healthcare Center on 9/29/2021, filed by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (HANSEN, KATHERINE) |
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Filing 7
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as DAVID KIM etc. Signed by Magistrate Judge Cathy L. Waldor on 9/29/2021. (bt, )
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Filing 6
ORDER TO SHOW CAUSE: It is ordered that this order and all papers file in this action be served by hand and by email before noon tomorrow, 9/30/2021. Show Cause Response due by 10/8/2021. Show Cause Hearing set for 10/13/2021 at 2:00 PM by Video/Telephone Conference to be arranged before Judge Kevin McNulty. Signed by Judge Kevin McNulty on 9/29/2021. (nic, )
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| Set Deadlines as to #4 Emergency MOTION for Order to Show Cause MOTION for Temporary Restraining Order , #5 MOTION for Leave to Appear Pro Hac Vice of H. DAVID KIM. Motion set for 11/1/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice of H. DAVID KIM by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (Attachments: #1 HANSEN CERTIFICATION IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #2 KIM CERTIFICATION IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #3 [PROPOSED] ORDER GRANTING MOTION TO APPEAR PRO HAC VICE)(HANSEN, KATHERINE) |
| Filing 4 Emergency MOTION for Order to Show Cause , MOTION for Temporary Restraining Order by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (Attachments: #1 ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER, #2 MEMORANDUM OF LAW IN SUPPORT OF PETITIONERS MOTION FOR WRIT OF ATTACHMENT AND A PRELIMINARY INJUNCTION IN AID OF ARBITRATION, #3 SUPPLEMENTAL CERTIFICATION OF KATHERINE H. HANSEN IN SUPPORT OF EMERGENCY APPLICATION FOR ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER, #4 PROPOSED ORDER, #5 CERTIFICATE OF SERVICE)(HANSEN, KATHERINE) |
| Filing 3 SUMMONS Returned Executed by 1199SEIU UNITED HEALTHCARE WORKERS EAST. AMBOY NURSING AND REHABILITATION CENTER served on 9/23/2021, answer due 10/14/2021; MANHATTANVIEW HEALTHCARE CENTER served on 9/22/2021, answer due 10/13/2021; TEANECK NURSING CENTER served on 9/22/2021, answer due 10/13/2021. (HANSEN, KATHERINE) |
| Set Deadlines as to #2 MOTION to Confirm Arbitration award . Motion set for 10/18/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 2 MOTION to Confirm Arbitration award by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (Attachments: #1 Union's Memorandum of Law in Support of Motion to Enforce Award, #2 Proposed Order, #3 Proposed Judgment)(HANSEN, KATHERINE) |
| Case Assigned to Judge Kevin McNulty and Magistrate Judge Cathy L. Waldor. (ak, ) |
| Filing 1 PETITION to Confirm Arbitration Award ( Filing and Admin fee $ 402 receipt number ANJDC-12820907.), filed by 1199SEIU UNITED HEALTHCARE WORKERS EAST. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Certification of Katherine H. Hansen in support of petition, #4 Certification)(HANSEN, KATHERINE) |
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