Paulsen v. All American School Bus Corp. et al
James G. Paulsen |
All American School Bus Corp., ANJ Service, Inc., Atlantic Queens Bus Corp., Bobby's Bus Co. Inc., B-Alert Inc., Atlantic Escorts Inc., Empire State Escorts, Inc., City Wide Transit, Inc., Canal Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., Rainbow Transit Inc., Amboy Bus Co., Inc.,, Reliant Transportation, Inc., RPM Systems Inc. and School Days Inc. |
Boro Transit, Inc., Cifra Escorts, Inc., Lonero Transit Inc. and Tufaro Transit Co. Inc. |
Local 1181-1061, Amalgamated Transit Union, AFL-CIO |
Sharon Block, Richard Griffin and Lafe Solomon |
1:2013cv03762 |
July 3, 2013 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Kiyo A Matsumoto |
Ramon E Reyes |
Labor: Labor/Mgt. Relations |
29 U.S.C. § 160 (1) National Labor Relations Act |
Defendant |
Docket Report
This docket was last retrieved on December 12, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 80 MANDATE of USCA as to #64 Notice of Appeal,,, filed by School Days Inc., Kings Matron Corp., ANJ Service, Inc., Amboy Bus Co., Inc.,, Tufaro Transit Co. Inc., Pioneer School Bus Rental, Inc., Richard Griffin, Cifra Escorts, Inc., Boro Transit, Inc., Rainbow Transit Inc., Mountainside Transportation Co., Inc., Reliant Transportation, Inc., Lorissa Bus Service Inc., Logan Transportation Systems, Inc., Pioneer Transportation Corp., Lonero Transit Inc., Gotham Bus Co. Inc., Hoyt Transportation Corp., Canal Escorts, Inc., Bobby's Bus Co. Inc., Empire State Escorts, Inc., B-Alert Inc., IC Escorts, Inc., Atlantic Escorts Inc., City Wide Transit, Inc., Grandpa's Bus Co., Inc., All American School Bus Corp., Atlantic Queens Bus Corp., RPM Systems Inc. The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 12/12/13. (McGee, Mary Ann) |
Filing 79 CLERK'S JUDGMENT: Ordered and Adjudged that Defendants' motion to dismiss the counterclaim and third-party complaint pursuant to Fed. R. Civ. P. 12(b) 1 for lack of subject matter jurisdiction is granted; and that judgment is hereby entered in favor of Petitioner and counterclaim Defendant James G. Paulsen, Regional Director of Region 29 of the National Labor Relations Board, acting for and on behalf of the National Labor Relations Board, and third-party Defendants Sharon Block, Richard F.Griffin, Jr., and Lafe E. Solomon on the counterclaim and claims in the third-party complaint. Ordered by Clerk of Court on 11/14/2013. (Brucella, Michelle) |
Filing 78 ORDER granting #56 Motion to Dismiss for Lack of Jurisdiction. The motion to dismiss the counterclaim and third-party complaint pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction is granted. The clerk of court is respectfully requested to enter judgment in favor of petitioner and counterclaim defendant James G. Paulsen, Regional Director of Region 29 of the NLRB, acting for and on behalf of the NLRB, and third-party defendants Sharon Block, Richard F. Griffin, Jr., and Lafe E. Solomon. The clerk of court is further respectfully requested to close this case. Ordered by Judge Kiyo A. Matsumoto on 11/14/2013. (Raghunathan, Abhishek) |
Filing 77 ORDER re: #65 . Respondents' motion to stay the Preliminary Injunction Order is DENIED as set forth in the enclosed Memorandum & Order. Ordered by Judge Kiyo A. Matsumoto on 10/23/2013. (Raghunathan, Abhishek) |
Filing 76 STATUS REPORT by All American School Bus Corp. (Pollack, Jeffery) |
Filing 75 Letter regarding ALJ Decision by James G. Paulsen (Hsu, Annie) |
ORDER re: #71 , #72 . Respondents' motion for an in-person status conference during which the court would order the parties to engage in group negotiations and to fix a schedule for such negotiations is DENIED. Respondents have cited no authority, and the court is aware of no such authority, to support the proposition that Local 1181-1061, Amalgamated Transit Union, AFL-CIO is required to engage in such group negotiations. The court also considers Respondents' motion to stay fully briefed and will decide the motion as expeditiously as possible given the court's caseload. Ordered by Judge Kiyo A. Matsumoto on 9/19/2013. (Raghunathan, Abhishek) |
Filing 74 Letter to Honorable K. Matsumoto in Response to Respondents' Letters Dated September 17 and 18, 2013 by Local 1181-1061, Amalgamated Transit Union, AFL-CIO (Brook, Richard) |
Filing 73 REPLY in Opposition to Respondents' Letters Dated September 17 and 18, 2013 filed by James G. Paulsen. (Hsu, Annie) |
Filing 72 Letter by All American School Bus Corp. (Pollack, Jeffery) |
Filing 71 Letter by All American School Bus Corp. (Pollack, Jeffery) |
Filing 70 MOTION to Adjourn Conference , First MOTION for Extension of Time to File Status Report by All American School Bus Corp.. (Attachments: #1 Exhibit) (Pollack, Jeffery) |
ORDER granting #70 Motion for Extension of Time to File. Respondents' motion for an extension to file a status report is GRANTED. Respondents are ordered to file a status report on or before 9/27/2013. Ordered by Judge Kiyo A. Matsumoto on 9/16/2013. (Raghunathan, Abhishek) |
Filing 69 Letter in Opposition to Respondents' Motion for a Stay by Local 1181-1061, Amalgamated Transit Union, AFL-CIO (Brook, Richard) |
Filing 68 MEMORANDUM in Opposition re #65 Unsigned Order to Show Cause,,,, filed by James G. Paulsen. (Hsu, Annie) |
Filing 67 Letter MOTION for Leave to File a Letter in Opposition to Respondents' Motion to Stay by Local 1181-1061, Amalgamated Transit Union, AFL-CIO. (Brook, Richard) |
ORDER granting #67 Motion for Leave to File. Ordered by Judge Kiyo A. Matsumoto on 9/9/2013. (Raghunathan, Abhishek) |
Filing 66 Letter Re: Scheduling Order to Show Cause by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Richard Griffin, Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (Pollack, Jeffery) |
Filing 65 Unsigned Order to Show Cause by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Richard Griffin, Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Stay, #2 Declaration Declaration of Timothy H. Wolf, #3 Exhibit Exh. 1 to Wolf Decl., #4 Exhibit Exh. 2 to Wolf Decl., #5 Exhibit Exh. 3 to Wolf Decl., #6 Exhibit Exh. 4 to Wolf Decl., #7 Exhibit Exh. 5 to Wolf Decl., #8 Exhibit Exh. 6 to Wolf Decl.) (Pollack, Jeffery) |
ORDER TO SHOW CAUSE re #65 , #66 . Petitioner is ordered to file an opposition concerning the motion to stay the preliminary injunction pending the resolution of Respondents' appeal to the Second Circuit via ECF by 5:00 p.m. on 9/11/2013. The court will schedule a hearing, if necessary, after reviewing the briefing papers. Ordered by Judge Kiyo A. Matsumoto on 9/4/2013. (Raghunathan, Abhishek) |
Electronic Index to Record on Appeal sent to US Court of Appeals. #64 Notice of Appeal,,, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Marziliano, August) |
Filing 64 NOTICE OF APPEAL as to #63 Order on Motion for Preliminary Injunction, by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Richard Griffin, Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. Filing fee $ 455, receipt number 0207-6404607. Appeal Record due by 9/12/2013. (Attachments: #1 Exhibit Exh. A to Notice of Appeal) (Pollack, Jeffery) |
Filing 63 ORDER granting #1 Motion for Preliminary Injunction. Petitioner's motion for a preliminary injunction pursuant to section 10(j) is granted as set forth in the enclosed Memorandum & Order. Ordered by Judge Kiyo A. Matsumoto on 8/28/2013. (Raghunathan, Abhishek) |
ORDER granting #59 Additional Authority. The court will consider the additional authority in the letter. Ordered by Judge Kiyo A. Matsumoto on 8/28/2013. (Raghunathan, Abhishek) |
Filing 62 REPLY in Opposition re #59 Letter MOTION for pre motion conference on Respondents' Notice of Supplemental Authority filed by James G. Paulsen. (Hsu, Annie) |
Filing 61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/20/13, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (Barry, Richard) |
Filing 60 NOTICE of Appearance by Nancy B. Lipin on behalf of James G. Paulsen (aty to be noticed) (Lipin, Nancy) |
Filing 59 Letter MOTION for pre motion conference on Respondents' Notice of Supplemental Authority by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Wolf, Timothy) |
Filing 58 NOTICE of Appearance by Timothy Harris Wolf on behalf of ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., Bobby's Bus Co. Inc., Boro Transit, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (aty to be noticed) (Wolf, Timothy) |
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Motion Hearing held on 8/20/2013 re: #1 MOTION for Preliminary Injunction. The court heard oral argument on Petitioner's motion for a preliminary injunction. Annie Hsu argued for Petitioner. Peter Kirsanow argued for Respondents. (Raghunathan, Abhishek) |
Filing 57 MEMORANDUM in Opposition re #56 MOTION to Dismiss for Lack of Jurisdiction filed by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Attachments: #1 Declaration Peter Kirsanow, Esq., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Mauro, Michael) |
Filing 56 MOTION to Dismiss for Lack of Jurisdiction by Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon. (Attachments: #1 Notice of Motion, #2 Declaration of James Paulsen, #3 Memorandum in Support (Opening), #4 Certificate of Service, #5 Memorandum in Opposition, #6 Declaration of Peter Kirsanow, #7 Memorandum in Support (Reply), #8 Certificate of Service) (Thomas, Paul) |
ORDER denying #53 Motion to Strike and granting Oral Argument. Petitioner's motion to strike Respondents' Response/Opposition Memorandum and Declaration is DENIED. In the event Petitioner wishes to provide additional response/opposition briefing, Petitioner should do so by 12:00 p.m. on 8/19/13. The court will hear oral argument on the preliminary injunction motion at 1:30 p.m. on 8/20/13 in Courtroom 6G North. Ordered by Judge Kiyo A. Matsumoto on 8/15/2013. (Raghunathan, Abhishek) |
Filing 55 RESPONSE in Opposition re #53 First MOTION to Strike Respondents' Reply Brief and Request for Oral Argument Letter in Opposition filed by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Pollack, Jeffery) |
Filing 54 Letter In Support of Petitioner's Motion to Strike by Local 1181-1061, Amalgamated Transit Union, AFL-CIO (Brook, Richard) |
Filing 53 First MOTION to Strike Respondents' Reply Brief and Request for Oral Argument by James G. Paulsen. (Hsu, Annie) |
Filing 52 DECLARATION of Richard A. Brook with Exhibits by Local 1181-1061, Amalgamated Transit Union, AFL-CIO (Brook, Richard) |
Filing 51 MEMORANDUM in Support Response Memorandum of Law in Further Support of the Petition for Injunctive Relief filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO. (Brook, Richard) |
Filing 50 MEMORANDUM in Opposition re #45 Memorandum in Support filed by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Lafe Solomon, Tufaro Transit Co. Inc.. (Attachments: #1 Declaration Declaration of Jeffrey D. Pollack in Further Opposition to Petition, #2 Exhibit Exhibit 1 to Pollack Decl., #3 Exhibit Exhibit 2 to Pollack Decl.) (Pollack, Jeffery) |
Filing 49 REPLY in Support of Petition: Reply Brief to Respondents' Post-Administrative Hearing Brief in Opposition to Petition for Preliminary Injunction filed by James G. Paulsen. (Schaefer, Erin) |
Filing 48 MEMORANDUM in Support MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR INJUNCTIVE RELIEF filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO. (Brook, Richard) |
Filing 46 TRIAL BRIEF Post-Administrative Hearing Brief in Opp. to 10(j) Petition by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (Attachments: #1 Declaration Pollack Dec., #2 Exhibit Exh. 1 to Pollack Dec., #3 Exhibit Exh. 2 to Pollack Dec., #4 Exhibit Exh. 3 to Pollack Dec., #5 Exhibit Exh. 4 to Pollack Dec., #6 Exhibit Exh. 5 to Pollack Dec., #7 Exhibit Exh. 6 to Pollack Dec., #8 Exhibit Exh. 7 to Pollack Dec., #9 Exhibit Exh. 8 to Pollack Dec., #10 Exhibit Exh. 9 to Pollack Dec., #11 Exhibit Exh. 10 to Pollack Dec., #12 Exhibit Exh. 11 to Pollack Dec., #13 Exhibit Exh. 12 to Pollack Dec., #14 Exhibit Exh. 13 to Pollack Dec., #15 Exhibit Exh. 14 to Pollack Dec., #16 Exhibit Exh. 15 to Pollack Dec., #17 Exhibit Exh. 16 to Pollack Dec., #18 Exhibit Exh. 17 to Pollack Dec., #19 Exhibit Exh. 18 to Pollack Dec., #20 Exhibit Exh. 19 to Pollack Dec., #21 Exhibit Exh. 20 to Pollack Dec., #22 Exhibit Exh. 21 to Pollack Dec., #23 Exhibit Exh. 22 to Pollack Dec., #24 Exhibit Exh. 23 to Pollack Dec., #25 Exhibit Exh. 24 to Pollack Dec.) (Pollack, Jeffery) |
Filing 45 MEMORANDUM in Support of Petition: Post-Administrative Hearing Brief filed by James G. Paulsen. (Hsu, Annie) |
Filing 44 Letter MOTION for Leave to File Excess Pages by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Pollack, Jeffery) |
ORDER granting #44 Motion for Leave to File Excess Pages. The parties may exceed the Court's page limit by 5 pages as requested. Ordered by Judge Kiyo A. Matsumoto on 8/2/2013. (Raghunathan, Abhishek) |
Filing 38 NOTICE of Appearance by Kevin Michael Brown on behalf of ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (aty to be noticed) (Brown, Kevin) |
ORDER DENYING #31 Motion for Pre-Motion Conference as unnecessary and GRANTING proposed briefing schedule on Counterclaim Defendants' Rule 12(b)(1) Motion to Dismiss Counterclaims and Third Party Complaints. The court orders the following briefing schedule: Counterclaim Defendants will serve their Motion to Dismiss on or before 8/5/13, Respondents will serve their Opposition on or before 8/12/13, and Counterclaim Defendants will serve and file their reply and all other motion papers on ECF on or before 8/16/13. The parties are respectfully reminded to provide two courtesy copies of all papers to chambers. The court also finds that a telephonic pre-motion conference for scheduling is unnecessary. Ordered by Judge Kiyo A. Matsumoto on 7/29/2013. (Raghunathan, Abhishek) |
Filing 37 MEMORANDUM in Opposition re #31 MOTION for pre motion conference filed by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Mauro, Michael) |
ORDER granting #33 Motion for Nancy E. Kessler Platt Leave to Appear Pro Hac Vice. The admitted attorney Nancy E. Kessler Platt is permitted to argue or try this particular case in whole or in part as counsel or advocate for Petitioner/Cross-Defendant National Labor Relations Board. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/26/2013. (Vertus, Miriam) |
ORDER granting #32 Motion for Paul A. Thomas Leave to Appear Pro Hac Vice. The admitted attorney Paul A. Thomas is permitted to argue or try this particular case in whole or in part as counsel or advocate for Petitioner/Cross-Defendant National Labor Relations Board. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/26/2013. (Vertus, Miriam) |
Filing 33 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25. by Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon. (Platt, Nancy) |
Filing 32 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25. by Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon. (Thomas, Paul) |
Motions terminated, docketed incorrectly: #30 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25. filed by Sharon Block, James G. Paulsen, Richard Griffin, Lafe Solomon. (Counsel Nancy Platt will refile motion) (Galeano, Sonia) |
Filing 31 MOTION for pre motion conference by Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon. (Platt, Nancy) |
Filing 30 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25. by Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon. (Platt, Nancy) |
Filing 29 TRANSCRIPT of Proceedings held on July 9, 2013, before Judge Matsumoto. Court Transcriber: Transcriptions Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2013. Redacted Transcript Deadline set for 8/22/2013. Release of Transcript Restriction set for 10/21/2013. (Rocco, Christine) |
Filing 28 SUGGESTION OF BANKRUPTCY Upon the Record by Hoyt Transportation Corp. (Hirschler, Arthur) |
ORDER denying #25 Motion for Temporary Restraining Order and Preliminary Injunction. The motion is denied for the reasons set forth in the Order dated 7/18/13. Ordered by Judge Kiyo A. Matsumoto on 7/19/2013. (Raghunathan, Abhishek) |
Filing 27 CERTIFICATE OF SERVICE by All American School Bus Corp., Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon re #26 Memorandum in Opposition, (Platt, Nancy) |
Filing 26 MEMORANDUM in Opposition re #25 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Sharon Block, Richard Griffin, James G. Paulsen, Lafe Solomon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Platt, Nancy) |
ORDER DENYING #25 Motion of Respondents/Cross-Plaintiffs All American School Bus Corp., et al., for a Temporary Restraining Order. Upon consideration of the submissions of Respondents/Cross-Plaintiffs All American School Bus Corp., et al. #25 , and of Petitioners/Cross-Defendants James Paulsen, et al. #26 , the court DENIES Respondents/Cross-Plaintiffs' motion for a TEMPORARY RESTRAINING ORDER. For the reasons set forth in the opposing submission by Petitioners/Counter-Defendants #26 , the Respondents/Cross-Plaintiffs have failed to show a likelihood of success on the merits, have failed to show that they will suffer irreparable harm if a TRO is not granted, and have inexcusably delayed until 7/17/13 and thereby prejudiced Petitioners/Cross-Defendants by seeking injunctive relief as to the unfair labor practices hearing that is scheduled to commence before an ALJ on 7/22/13, after previously urging this court to await the development of a factual record in the very same unfair labor practices hearing. Further, consideration of the equities and the public interest militate against granting injunctive relief to the Respondents/Cross-Plaintiffs and their motion for a TRO is DENIED. Ordered by Judge Kiyo A. Matsumoto on 7/18/2013. (Matsumoto, Kiyo) |
Case Ineligible for Arbitration (Credle, Rita) |
Filing 25 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Mauro, Michael) |
Filing 24 THIRD-PARTY SUMMONS Issued as to Sharon Block, Richard Griffin, Lafe Solomon. (Afrani, David) |
ORDER re #25 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. Counsel for Plaintiff James G. Paulsen, Regional Director of Region 29 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, is ordered to respond to #25 via ECF by 7:00 p.m. on 7/18/13. Ordered by Judge Kiyo A. Matsumoto on 7/17/2013. (Raghunathan, Abhishek) |
Filing 23 NOTICE of Appearance by Eric Bryon Chaikin on behalf of Tufaro Transit Co. Inc. (aty to be noticed) (Chaikin, Eric) |
Filing 22 Letter by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (Pollack, Jeffery) |
Filing 21 DECLARATION re #20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6310384. by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Local 1181-1061, Amalgamated Transit Union, AFL-CIO, Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (Pollack, Jeffery) |
Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6310384. by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Pollack, Jeffery) |
Filing 19 Letter MOTION to Adjourn Conference set for August 16, 2013 by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., Bobby's Bus Co. Inc., Boro Transit, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Pollack, Jeffery) |
Filing 18 ANSWER to Complaint , THIRD PARTY COMPLAINT against Sharon Block, Richard Griffin, Lafe Solomon, COUNTERCLAIM against James G. Paulsen by All Defendants. (Pollack, Jeffery) |
Filing 17 Corporate Disclosure Statement by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., B-Alert Inc., Bobby's Bus Co. Inc., Boro Transit, Inc., Canal Escorts, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Local 1181-1061, Amalgamated Transit Union, AFL-CIO, Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (Pollack, Jeffery) |
ORDER granting #19 Motion to Adjourn Conference. If a party requests oral argument on the preliminary injunction hearing, oral argument will be held at 1:30 p.m. on 8/20/13. Ordered by Judge Kiyo A. Matsumoto on 7/12/2013. (Raghunathan, Abhishek) |
ORDER granting #11 Motion for Leave to appear as amicus curiae. Local 1181-1601, Amalgamated Transit Union, AFL-CIO, is granted leave to appear as amicus curiae concerning the petition for injunctive relief under the court's discretion as the court believes it will aid in the determination of the relevant issues. Ordered by Judge Kiyo A. Matsumoto on 7/12/2013. (Raghunathan, Abhishek) |
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. Ordered by Judge Kiyo A. Matsumoto on 7/12/2013. (Raghunathan, Abhishek) |
Filing 16 REPLY in Support re #11 MOTION for Leave to File Appear as Amicus Curiae filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO. (Brook, Richard) |
Filing 15 CERTIFICATE OF SERVICE by James G. Paulsen (Schaefer, Erin) |
Filing 14 MEMORANDUM in Opposition filed by All Defendants. (Mauro, Michael) |
Filing 13 NOTICE of Appearance by Richard Milman on behalf of All Defendants (notification declined or already on case) (Milman, Richard) |
Filing 12 NOTICE of Appearance by Michael James Mauro on behalf of All Defendants (aty to be noticed) (Mauro, Michael) |
ORDER granting #6 Motion to Adjourn Conference. The preliminary injunction show cause hearing scheduled for 7/16/13 is canceled as set forth in the Minute Entry for the Telephone Conference held on 7/9/13. Ordered by Judge Kiyo A. Matsumoto on 7/9/2013. (Raghunathan, Abhishek) |
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 7/9/2013. Annie Hsu and Erin Schaefer appeared for Plaintiff; Jeffery Pollack appeared for all Defendants except B-Alert, Inc., and Canal Escorts, Inc.; Richard Milman and Michael Mauro appeared for all Defendants; and Richard Brook appeared for proposed amicus curiae Local 1181-1061, Amalgamated Transit Union, AFL-CIO ("Local 1181"). The court ordered counsel for Defendants to file their opposition papers to Local 1181's motion for leave to appear as amicus curiae by the end of the business day on 7/9/13. The court further ordered that (i) the preliminary injunction show cause hearing scheduled for 7/16/13 is canceled, (ii) Defendants will answer Plaintiff's petition on or before 7/12/13 but all other opposition briefing will be postponed until after the hearing before the administrative law judge that is to begin on 7/22/13 ("ALJ Hearing") as provided for below, (iii) the parties will work together to share costs to obtain and provide transcripts from the ALJ Hearing on an expedited basis to this court, (iv) all parties will submit briefing based on the full factual record, including the record developed in the ALJ Hearing, on or before 8/5/13, (v) all parties will submit response briefs based on the full factual record on or before 8/12/13, and (vi) if a party requests oral argument on Plaintiff's petition, they should include such a request in their briefing papers. If a party requests oral argument, oral argument will be held at 9:30 a.m. on 8/16/13. The parties are respectfully requested to provide two courtesy copies of all briefing and any supplemental materials or exhibits to the court. (Raghunathan, Abhishek) |
Filing 11 MOTION for Leave to Appear as Amicus Curiae; filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO. (Brook, Richard) (Modified) |
Filing 10 NOTICE of Appearance by Jessica Lee Boffa on behalf of ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., Bobby's Bus Co. Inc., Boro Transit, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (aty to be noticed) (Boffa, Jessica) |
Filing 9 Letter in Opposition to Respondents' Adjournment and Extension Requests by James G. Paulsen (Hsu, Annie) |
Filing 8 CERTIFICATE OF SERVICE by James G. Paulsen (Schaefer, Erin) |
Filing 7 CERTIFICATE OF SERVICE by James G. Paulsen (Schaefer, Erin) |
Filing 6 Letter MOTION to Adjourn Conference on July 16, 2013, Letter MOTION for Extension of Time to File Response/Reply Opposition to Petition for Preliminary Injunction by ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., Bobby's Bus Co. Inc., Boro Transit, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8) (Pollack, Jeffery) |
Filing 5 NOTICE of Appearance by Jeffery D. Pollack on behalf of ANJ Service, Inc., All American School Bus Corp., Amboy Bus Co., Inc.,, Atlantic Escorts Inc., Atlantic Queens Bus Corp., Bobby's Bus Co. Inc., Boro Transit, Inc., Cifra Escorts, Inc., City Wide Transit, Inc., Empire State Escorts, Inc., Gotham Bus Co. Inc., Grandpa's Bus Co., Inc., Hoyt Transportation Corp., IC Escorts, Inc., Kings Matron Corp., Logan Transportation Systems, Inc., Lonero Transit Inc., Lorissa Bus Service Inc., Mountainside Transportation Co., Inc., Pioneer School Bus Rental, Inc., Pioneer Transportation Corp., RPM Systems Inc., Rainbow Transit Inc., Reliant Transportation, Inc., School Days Inc., Tufaro Transit Co. Inc. (aty to be noticed) (Pollack, Jeffery) |
ORDER deferring ruling on #6 Motion to Adjourn Conference; granting in part #6 Motion for Extension of Time to File Response. Respondents are granted two additional days to file a response to Petitioner's order to show cause for a preliminary injunction. The court will hold a telephonic conference at 3:30 p.m. on 7/9/13 to discuss (i) whether the preliminary injunction show cause hearing should be adjourned until after the conclusion of the administrative hearing that is set to begin on 7/22/13, and (ii) whether Respondents should also be granted an additional extension of time until after the conclusion of the administrative hearing to file a response to Petitioner's motion for a preliminary injunction. Counsel for Petitioner is respectfully requested to initiate the telephonic conference by calling all other parties and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 7/8/2013. (Raghunathan, Abhishek) |
Filing 4 MEMORANDUM in Support re #1 MOTION for Preliminary Injunction filed by James G. Paulsen. (Bowens, Priscilla) |
Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
Filing 2 ORDER TO SHOW CAUSE re #1 MOTION for Preliminary Injunction filed by James G. Paulsen Show Cause Hearing set for 7/16/2013 12:00 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. Show Cause Response due by 7/10/2013. Ordered by Judge Eric N. Vitaliano on 7/3/2013. (Bowens, Priscilla) |
Filing 1 MOTION for Preliminary Injunction by James G. Paulsen. (Attachments: #1 Civil Cover Sheet, #2 Proposed Order, #3 Declaration, #4 Memorandum in Support, #5 Exhibit 1.1, #6 Exhibit 1.2, #7 Exhibit 1.3, #8 Exhibit 1.4, #9 petition) (Bowens, Priscilla) |
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