NATIONAL LABOR RELATIONS BOARD v. IBN CONSTRUCTION CORP.
| IBN CONSTRUCTION CORP. |
| NATIONAL LABOR RELATIONS BOARD |
| NEW JERSEY BUILDING LABORERS DISTRICT COUNCIL |
| 2:2022cv05668 |
| September 22, 2022 |
| US District Court for the District of New Jersey |
| Andre M Espinosa |
| Michael E Farbiarz |
| Kevin McNulty |
| Labor: Labor/Mgt. Relations |
| None |
Docket Report
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This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER that the Clerk of the Court shall close this case. Signed by Judge Michael E. Farbiarz on 6/16/2023. (ld, )
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Filing 41
Transcript of Show Cause Hearing held on October 18, 2022, before Judge Kevin McNulty. Court Reporter: Rhea Villanti (732-895-3403). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (adc)
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Filing 40
Letter from Petitioner. (PAGONES ROSS, JOANNA)
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***Civil Case Terminated. (ld, )
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Filing 39
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Michael E. Farbiarz for all further proceedings. Judge Kevin McNulty no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 5/19/2023. (ams, )
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Filing 38
CERTIFIED ORDER of USCA in lieu of formal MANDATE as to #30 Notice of Appeal (USCA), filed by IBN CONSTRUCTION CORP. (Finance notified) (ca3jk, )
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Filing 37
ORDER GRANTING TEMPORARY INJUNCTION AFTER ISSUANCE OF THE ADMINISRATIVE LAW JUDGE'S DECISION; that consistent with Eisenberg v. Hartz Mountain Corporation, 519 F.2d 138, 144 (3d Cir. 1975), reaffirmed in Eisenberg v. Holland Rantos Co., Inc., 583 F.2d 100, 103-04 (3d Cir. 1978), the Order be extended for a period of an additional six (6) months, to November 26, 2023, pending the NLRB's final decision. Signed by Judge Kevin McNulty on 4/19/2023. (ld, )
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Filing 36
Letter from Petitioner. (PAGONES ROSS, JOANNA)
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Filing 35
ORDER GRANTING PETITIONER'S MOTION TO EXTEND ORDER GRANTING TEMPORARY INJUNCTION; that the Order be extended an additional thirty (30) days from the date of its expiration, pending ALJ Chu's decision. Signed by Judge Kevin McNulty on 4/3/2023. (ld, )
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Filing 34
Letter from Petitioner. (Attachments: #1 Certificate of Service)(PAGONES ROSS, JOANNA)
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Filing 33
AFFIDAVIT of Nelson Martin Espinoza by IBN CONSTRUCTION CORP.. (VREELAND, JOHN)
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Filing 32
CORRECTED NOTICE. USCA Case Number 22-3111 for #30 Notice of Appeal (USCA), filed by IBN CONSTRUCTION CORP.. USCA Case Manager James (Document Restricted - Court Only) (ca3jk, )
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Filing 31
USCA Case Number 22-3111 for #30 Notice of Appeal (USCA), filed by IBN CONSTRUCTION CORP.. USCA Case Manager James (Document Restricted - Court Only) (ca3jk, )
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Filing 30
NOTICE OF APPEAL as to #27 Order, by IBN CONSTRUCTION CORP.. Filing fee $ 505, receipt number ANJDC-13813439. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (VREELAND, JOHN)
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Filing 29
ORDER that the Clerk shall administratively terminate DE 11 without prejudice as moot. Signed by Magistrate Judge Andre M. Espinosa on 10/28/2022. (ld, )
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Filing 28
CERTIFICATE OF SERVICE by NATIONAL LABOR RELATIONS BOARD Certificate of Service to Respondent of Order Granting Temporary Injunction (PAGONES ROSS, JOANNA)
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Filing 27
ORDER GRANTING TEMPORARY INJUNCTION; that the petition (DE 1) is GRANTED and the motion for consideration of the administrative record (DE 3) is GRANTED, and it is ORDERED that pending the final disposition of the proceeding before the National Labor Relations Board, Respondent, its officers, agents, servants, employees and attorneys and all persons acting in concert or participation with it.. Signed by Judge Kevin McNulty on 10/26/2022. (ld, )
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Filing 26
ORDER granting #4 Motion for Protective Order Allowing for Redaction of Affidavits and Documentary Evidence #4 MOTION to Redact #1 Complaint, Motion to Redact Affidavits and Documentary Evidence. Signed by Judge Kevin McNulty on 10/26/2022. (ld, )
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Filing 25
OPINION. Signed by Judge Kevin McNulty on 10/26/2022. (ld, )
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Filing 24
Minute Entry for proceedings held before Judge Kevin McNulty: Show Cause Hearing held on 10/18/2022 via Zoom. Hearing on #7 directing Respondent to show cause why injunctive relief should not be issued enjoining and restraining Respondent from engaging in certain acts and conduct in violation of the Act pending final disposition by the Board of the matters involved. DECISION RESERVED. (Court Reporter, Rhea Villanti (732-895-3403)) (nic, )
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Filing 23
Letter. (KENNEDY, SETH)
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Filing 22
RESPONSE in Opposition filed by IBN CONSTRUCTION CORP. re #3 MOTION for Hearing re #1 Complaint, Motion To Try Petition for Temporary Injunction on the Basis of the Partial Record Developed before the NLRB's Administrative Law Judge As Well As Affidavits Completed As Part of the Petitioner's Opposition (SOLOMON, DAVID) Accepted for filing as of 10/13/2022. (nic) Modified on 10/14/2022 (nic).
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Filing 21
Letter from Petitioner re: missing pages of exhibit #5 and #6 . (Attachments: #1 22cv5668 IBN 10j Exhibit 1ab (Part 1), #2 22cv5668 IBN 10j Exhibit 1ab (Part 2), #3 22cv5668 IBN 10j Exhibit 1ab (Part 3), #4 22cv5668 IBN 10j Exhibit 1ab (Part 4), #5 22cv5668 IBN 10j Exhibit 1ab (Part 5), #6 22cv5668 IBN 10j Exhibit 1ab (Part 6), #7 22cv5668 IBN 10j Exhibit 1ab (Part 7))(nic, )
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Filing 20
RESPONSE in Opposition filed by IBN CONSTRUCTION CORP. re #11 MOTION for Leave to Appear Amicus Curiae on Behalf of Plaintiff (VREELAND, JOHN)
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Filing 19
ORDER granting #18 Motion to Withdraw as Attorney. Attorney SHARON CHAU terminated. Signed by Judge Kevin McNulty on 10/5/2022. (ld, )
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Filing 18
MOTION to Withdraw as Attorney by NATIONAL LABOR RELATIONS BOARD. (Attachments: #1 Text of Proposed Order)(CHAU, SHARON)
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Filing 17
Letter from Petitioner. (Attachments: #1 Exhibit Sept. 26-29 Transcripts and Exhibits)(PAGONES ROSS, JOANNA)
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Set Deadlines as to #18 MOTION to Withdraw as Attorney . Motion set for 11/7/2022 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. (sm)
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Set Deadlines as to #11 MOTION for Leave to Appear Amicus Curiae on Behalf of Plaintiff, #3 MOTION for Hearing re #1 Complaint, Motion To Try Petition for Temporary Injunction on the Basis of the Partial Record Developed before the NLRB's Administrative Law Judge As Well As Affidavits Completed As Part of the Petitioner's, #4 MOTION to Redact #1 Complaint, Motion to Redact Affidavits and Documentary Evidence. Motion set for 10/17/2022 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. (sm)
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Filing 16
NOTICE of Appearance by ROBERT E. MULLIGAN, JR on behalf of NATIONAL LABOR RELATIONS BOARD (MULLIGAN, ROBERT)
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Filing 15
NOTICE of Appearance by DAVID ISAAC SOLOMON on behalf of IBN CONSTRUCTION CORP. (SOLOMON, DAVID)
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Filing 14
NOTICE of Appearance by JOHN RONALD VREELAND on behalf of IBN CONSTRUCTION CORP. (VREELAND, JOHN)
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Filing 13
LETTER ORDER: Show Cause Hearing adjourned to 10/18/2022 at 12:00 PM before Judge Kevin McNulty. Response brief due October 13, 2022.. Signed by Judge Kevin McNulty on 9/29/2022. (ld, )
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Filing 12
Letter from John R. Vreeland. (VREELAND, JOHN)
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Filing 11
MOTION for Leave to Appear Amicus Curiae on Behalf of Plaintiff by NEW JERSEY BUILDING LABORERS DISTRICT COUNCIL. (Attachments: #1 Supplement Cover Letter, #2 Certification Certification in Lieu of Brief, #3 Text of Proposed Order Proposed Order, #4 Certificate of Service Certificate of Service)(KENNEDY, SETH)
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Filing 10
CERTIFICATE OF SERVICE by NATIONAL LABOR RELATIONS BOARD Order to Show Cause and Petition (MULLIGAN, ROBERT)
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Filing 9
NOTICE of Appearance by JOANNA PAGONES ROSS on behalf of NATIONAL LABOR RELATIONS BOARD (CHAU, SHARON) Modified on 10/4/2022 (nic).
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Filing 8
NOTICE of Appearance by ROBERT E. MULLIGAN, JR. on behalf of NATIONAL LABOR RELATIONS BOARD (CHAU, SHARON) Modified on 10/4/2022 (nic).
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Filing 7
ORDER TO SHOW CAUSE; that Respondent shall appear before this Court at the Lautenberg U.S. Post Office & Courthouse Building, Federal Square, in Courtroom 4. Show Cause Hearing set for 10/4/2022 11:00 AM before Judge Kevin McNulty.. Signed by Judge Kevin McNulty on 9/23/2022. (ld, )
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Filing 6
Exhibit to #5 Exhibit (to Document) by NATIONAL LABOR RELATIONS BOARD. (CHAU, SHARON)
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Filing 5
Exhibit to #1 Complaint, by NATIONAL LABOR RELATIONS BOARD. (Attachments: #1 Exhibit 1c, #2 Exhibit 1d, #3 Exhibit 1e, #4 Exhibit 1f, #5 Exhibit 1g)(CHAU, SHARON)
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Case assigned to Judge Kevin McNulty and Magistrate Judge Andre M. Espinosa. (jr)
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Filing 4
MOTION to Redact #1 Complaint, Motion to Redact Affidavits and Documentary Evidence by NATIONAL LABOR RELATIONS BOARD. (CHAU, SHARON)
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Filing 3
MOTION for Hearing re #1 Complaint, Motion To Try Petition for Temporary Injunction on the Basis of the Partial Record Developed before the NLRB's Administrative Law Judge As Well As Affidavits Completed As Part of the Petitioner's Administrative Investigation by NATIONAL LABOR RELATIONS BOARD. (CHAU, SHARON)
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Filing 2
Exhibit to #1 Complaint, by NATIONAL LABOR RELATIONS BOARD. (Attachments: #1 Affidavit Bolivar Rivera, #2 Affidavit Francisco Benitez, #3 Affidavit Francisco Martinez, #4 Affidavit Harrison Nicolas, #5 Affidavit Jose Patricio Pereira Supp, #6 Affidavit Jose Pereira, #7 Affidavit Luis Gomez, #8 Affidavit Luis Jiminez, #9 Affidavit Melvin Garcia, #10 Affidavit Melvin Garcia Supp, #11 Affidavit Nelson Benitez, #12 Affidavit Nelson Molina, #13 Affidavit Ulises Fuentes, #14 Affidavit Juan Alvarez)(CHAU, SHARON)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
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Filing 1
COMPLAINT against IBN CONSTRUCTION CORP., filed by NATIONAL LABOR RELATIONS BOARD. (Attachments: #1 Civil Cover Sheet, #2 Brief, #3 Declaration, #4 Exhibit Petition Rider, #5 Exhibit 2a, #6 Exhibit 2b, #7 Exhibit 2c, #8 Exhibit 2d, #9 Exhibit 3a, #10 Exhibit 3b, #11 Text of Proposed Order Granting Injunction, #12 Text of Proposed Order OSC, #13 Text of Proposed Order Protective Order, #14 Certificate of Service)(CHAU, SHARON)
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