Nico Asphalt Paving, Inc. et al v. Construction Council Local 175
Plaintiff: Nico Asphalt Paving, Inc. and Citywide Paving Incorporated
Defendant: Construction Council Local 175
Case Number: 1:2020cv02801
Filed: June 24, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Rachel P Kovner
Referring Judge: Ramon E Reyes
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29:184
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2020 Opinion or Order Minute entry and order for proceedings held before Judge Rachel P. Kovner on 7/30/2020. Michael Scaraggi appeared for plaintiffs. Jennifer Smith appeared for defendant, and Eric Chaikin was also present. The parties agreed that defendant has not been served and that the Court currently lacks personal jurisdiction over defendant. The Court denied the motion for a preliminary injunction without prejudice based on the lack of personal jurisdiction. Ordered by Judge Rachel P. Kovner on 7/30/2020. (Court Reporter Holly Driscoll ) (Chan, Tsz)
July 29, 2020 Filing 12 DECLARATION in Response to Jennifer Smith's Declaration by Citywide Paving Incorporated, Nico Asphalt Paving, Inc. (Attachments: #1 Declaration) (Scaraggi, Michael)
July 29, 2020 Filing 11 NOTICE of Appearance by Jennifer Suzanne Smith on behalf of Construction Council Local 175 (aty to be noticed) (Smith, Jennifer)
July 28, 2020 Filing 10 AFFIDAVIT/DECLARATION in Opposition re #9 MOTION for Temporary Restraining Order by City Wide Paving, Inc. filed by Construction Council Local 175. (Attachments: #1 Exhibit A (Collective Bargaining Agreement), #2 Exhibit B (NLRB Order), #3 Exhibit C (Quality Control Report), #4 Exhibit D (Certificate of Service), #5 Declaration of Charles Priolo, #6 Exhibit A to Priolo Declaration (Nico's Feb 2016 Remittance Report), #7 Memorandum in Opposition) (Smith, Jennifer)
July 24, 2020 Filing 9 MOTION for Temporary Restraining Order by City Wide Paving, Inc. by Nico Asphalt Paving, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Scaraggi, Michael). Added MOTION for Preliminary Injunction on 7/31/2020 (Lee, Tiffeny).
July 23, 2020 Opinion or Order Filing 8 ORDER TO SHOW CAUSE: The plaintiffs' motion for a temporary restraining order is denied. Pursuant to the terms of the attached order, the defendant shall appear before the Court by telephone on July 30, 2020 at 3:00 p.m. to show cause why a preliminary injunction should not be granted in this case. Plaintiffs shall serve a copy of this Order, together with the summons, complaint, and all moving papers in this matter, on the defendant by July 24, 2020. Defendant shall serve and file any response to plaintiffs' application for injunctive relief by July 28, 2020. Ordered by Judge Rachel P. Kovner on 7/23/2020. (Chan, Tsz)
July 17, 2020 Filing 7 Unsigned Order to Show Cause by Citywide Paving Incorporated (Scaraggi, Michael)
July 17, 2020 Filing 6 CERTIFICATE OF SERVICE by Citywide Paving Incorporated Nico Asphalt Paving,Inc. (Scaraggi, Michael)
June 29, 2020 Filing 5 NOTICE of Appearance by Michael T. Scaraggi on behalf of Citywide Paving Incorporated, Nico Asphalt Paving, Inc. (notification declined or already on case) (Scaraggi, Michael)
June 25, 2020 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
June 25, 2020 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)
June 25, 2020 Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
June 25, 2020 Filing 2 Civil Cover Sheet.. by Citywide Paving Incorporated, Nico Asphalt Paving, Inc. (Scaraggi, Michael)
June 24, 2020 Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)
June 24, 2020 Filing 1 COMPLAINT against Construction Council Local 175 filing fee $ 400, receipt number ANYEDC-12970788 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Nico Asphalt Paving, Inc., Citywide Paving Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Certification, #4 Certification, #5 Memorandum in Support, #6 Affidavit, #7 Proposed Order, #8 Civil Cover Sheet) (Scaraggi, Michael)

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Plaintiff: Nico Asphalt Paving, Inc.
Represented By: Michael T. Scaraggi
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Plaintiff: Citywide Paving Incorporated
Represented By: Michael T. Scaraggi
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Defendant: Construction Council Local 175
Represented By: Jennifer Suzanne Smith
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