United Metro Energy Corp. v. Local 553, I.B.T.
Plaintiff: United Metro Energy Corp.
Defendant: Local 553, I.B.T.
Case Number: 1:2022cv00151
Filed: January 11, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Frederic Block
Referring Judge: Roanne L Mann
2 Judge: Taryn A Merkl
3 Judge: Allyne R Ross
Nature of Suit: Labor: Other
Cause of Action: 09 U.S.C. § 1 U.S. Arbitration Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2022 Filing 23 Letter by Local 553, I.B.T. (Chun, Jae)
February 19, 2022 Filing 22 MEMORANDUM in Support re #18 MOTION to Dismiss filed by Local 553, I.B.T.. (Attachments: #1 Exhibit A, United Metro - 2013-2017 Bulk Contract) (Chun, Jae)
February 19, 2022 Filing 21 MEMORANDUM in Opposition (Plaintiff's letter brief: addressing the underlying issue, i.e., Plaintiffs (i) application for a preliminary and permanent injunction of the arbitration sought by Local 553, I.B.T.; (ii) dismissal of the underlying arbitration(s); and (iii) a declaratory judgment ruling UMEC has no obligation to arbitrate, dated February 14, 2022, with Exhibits A through G annexed thereto) filed by Local 553, I.B.T.. (Chun, Jae)
February 19, 2022 Filing 20 MEMORANDUM in Opposition re #18 MOTION to Dismiss (Plaintiff United Metro Energy Corp.s Memorandum Of Law In Opposition To Defendants Motion To Dismiss) filed by Local 553, I.B.T.. (Chun, Jae)
February 19, 2022 Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss filed by Local 553, I.B.T.. (Attachments: #1 Exhibit A, DEF.29-CA-258547.Signed Deferral Letter United Metro Energy Corp., #2 Exhibit B, United Apollo Decision and Order) (Chun, Jae)
February 19, 2022 Filing 18 MOTION to Dismiss by Local 553, I.B.T.. (Chun, Jae)
February 14, 2022 Filing 17 Letter to Defendant's Attorneys Enclosing Plaintiff's Opposition to Defendant's Motion to Dismiss and the Letter Brief Regarding the Underlying Issue by United Metro Energy Corp. (Getiashvili, Ana)
January 24, 2022 Minute Entry for proceedings held before Judge Frederic Block: Richard Howard, Esq. & Ana Getiashvili, Esq. for the plaintiff and Jae Chun, Esq. for the defendants, all present. Telephone oral argument and pre-motion conference held on 1/24/2022. Plaintiffs motion for a TRO to stay a January 25, 2022 arbitration and defendants anticipated motion to dismiss were discussed. For the reasons stated on the record the January 25, 2022 arbitration is stayed. By 2/14/22 plaintiff will serve their opposition to defendants motion to dismiss and a letter brief as to the underlying issue discussed. By 2/21/22 the defendant will serve their reply brief and a letter brief as to the underlying issued discussed. By 2/21/2 the defendant will file their fully briefed motion to dismiss and the parties letter briefs as to the underlying issued discussed. The Court will endeavor to resolve this case within 1 week from receiving the fully briefed motion to dismiss and letter briefs. (Court Reporter: Denise Parisi 718 613 2605) (Innelli, Michael)
January 24, 2022 Opinion or Order ELECTRONIC ORDER: Consistent with this Court's January 24, 2022 hearing, the parties' arbitration scheduled for January 25, 2022 is hereby enjoined pending this Court's resolution of the Defendant's motion to dismiss. Ordered by Judge Frederic Block on 1/24/2022. (Innelli, Michael)
January 24, 2022 Opinion or Order SCHEDULING ORDER: The telephone oral argument and pre-motion conference scheduled for January 24, 2022 will take place at 4:00 PM, instead of 3:00 PM, due to a conflict with the Court's calendar. All parties are directed to call toll free number 877-336-1839 and then access code 7543641 at the time of the telephone oral argument and pre-motion conference . Upon receipt of this email counsel shall confirm with each other the new time for the telephone oral argument and pre-motion conference scheduled on January 24, 2022. Ordered by Judge Frederic Block on 1/24/2022. (Innelli, Michael)
January 21, 2022 Filing 16 Letter in opposition to Defendant's request for a pre-motion conference by United Metro Energy Corp. (Howard, Richard)
January 21, 2022 Filing 15 NOTICE of Appearance by Larry R. Martinez on behalf of United Metro Energy Corp. (aty to be noticed) (Martinez, Larry)
January 19, 2022 Filing 14 Letter dated January 19, 2022, to Attorneys for Plaintiff enclosing Defendant's Notice of Motion to Dismiss and Memorandum of Law by Local 553, I.B.T. (Chun, Jae)
January 19, 2022 Motions terminated, docketed incorrectly: #12 MOTION to Dismiss. THIS MOTION WAS SERVED AND FILED PREMATURELY. COUNSEL SHALL WAIT UNTIL AFTER A PRE-MOTION CONFERENCE AND THEN FILE THE MOTION ONCE IT'S FULLY BRIEFED. COUNSEL SHOULD REVEIW THE COURT'S MOTION RULES LOCATED ON THE COURT'S WEBSITE. (Innelli, Michael)
January 18, 2022 Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss filed by Local 553, I.B.T.. (Attachments: #1 Exhibit A, DEF.29-CA-258547.Signed Deferral Letter United Metro Energy Corp, #2 Exhibit B, United Appollo. Decision and Order) (Chun, Jae)
January 18, 2022 Filing 12 MOTION to Dismiss by Local 553, I.B.T.. (Chun, Jae)
January 18, 2022 Filing 11 MOTION for pre motion conference by Local 553, I.B.T.. (Chun, Jae)
January 18, 2022 Filing 10 NOTICE of Appearance by Jae W. Chun on behalf of Local 553, I.B.T. (aty to be noticed) (Chun, Jae)
January 18, 2022 Opinion or Order ELECTRONIC ORDER: Plaintiff's motion #2 for an order to show cause seeking a temporary restraining order to stay the arbitration is DENIED. A telephone oral argument is scheduled for January 24, 2022 @ 3:00PM. By January 21, 2022 the defendant's may serve and file any opposition papers. The plaintiff shall serve a copy of this electronic order upon the defendants. All parties are directed to call toll free number 877-336-1839 and then access code 7543641 at the time of the telephone oral argument . Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone oral argument. Ordered by Judge Frederic Block on 1/18/2022. (Innelli, Michael)
January 18, 2022 Set/Reset Hearings: Telephone Oral Argument set for 1/24/2022 03:00 PM before Judge Frederic Block. (Innelli, Michael)
January 18, 2022 Opinion or Order ELECTRONIC ORDER: Defendant's letter application #11 dated 1/18/22 is GRANTED. A telephone pre motion conference is scheduled for January 24, 2022 @ 3:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . All parties are directed to call 877-336-1839 then enter access code 7543641 at the time of the telephone pre-motion conference . Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone pre-motion conference. Ordered by Judge Frederic Block on 1/18/2022. (Innelli, Michael)
January 13, 2022 Filing 9 AFFIDAVIT of Service for Order to Show Cause with Temporary Restraining Order, Declaration of Ana Getiashvili, Esq., with Exhibits and Memorandum of Law served on Jae W. Chun, Esq., and Howard C. Edelman, Esq. on 1/11/2022, filed by United Metro Energy Corp.. (Getiashvili, Ana)
January 12, 2022 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Frederic Block and Magistrate Judge Roanne L. Mann for all further proceedings. Judge Allyne R. Ross, Magistrate Judge Taryn A. Merkl no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 1/12/2022. (Bowens, Priscilla)
January 11, 2022 Filing 8 NOTICE of Appearance by Richard Michael Howard on behalf of United Metro Energy Corp. (aty to be noticed) (Howard, Richard)
January 11, 2022 Filing 7 NOTICE of Appearance by Jonathan D. Farrell on behalf of United Metro Energy Corp. (aty to be noticed) (Farrell, Jonathan)
January 11, 2022 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
January 11, 2022 Filing 5 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)
January 11, 2022 Filing 4 Summons Issued as to Local 553, I.B.T.. (Bowens, Priscilla)
January 11, 2022 Filing 3 Civil Cover Sheet.. Re #1 Complaint, by United Metro Energy Corp. (Getiashvili, Ana)
January 11, 2022 Filing 2 Unsigned Order to Show Cause with Temporary Restraining Order by United Metro Energy Corp. (Attachments: #1 Declaration in Support of Motion to Stay and/or Dismiss the Arbitration, #2 Exhibit A- Affidavit in Support of Motion to Stay and/or Dismiss the Arbitration, #3 Exhibit B, #4 Exhibit C, #5 Memorandum in Support of Motion to Stay and/or Dismiss the Arbitration) (Getiashvili, Ana)
January 11, 2022 Filing 1 COMPLAINT against Local 553, I.B.T. filing fee $ 402, receipt number ANYEDC-15182407 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by United Metro Energy Corp.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Getiashvili, Ana)
January 11, 2022 Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla)
January 11, 2022 Case Assigned to Judge Allyne R. Ross and Magistrate Judge Taryn A. Merkl. 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)
January 11, 2022 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla)

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Plaintiff: United Metro Energy Corp.
Represented By: Jonathan D. Farrell
Represented By: Richard Michael Howard
Represented By: Ana Getiashvili
Represented By: Larry R. Martinez
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Defendant: Local 553, I.B.T.
Represented By: Jae W. Chun
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