RB Restoration Inc. v. Mosaic Terrazzo And Chemical Product Decorative Finisher Mason Workers Assoc. Local 7 Of New York And Vicinity International Union Of Bricklayers And Allied Craft Workers et al
| RB Restoration Inc. doing business as Midtown Terrazzo |
| Mosaic Terrazzo And Chemical Product Decorative Finisher Mason Workers Assoc. Local 7 Of New York And Vicinity International Union Of Bricklayers And Allied Craft Workers, Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute and Marble Terrazzo And Speciality Contractors Association Inc. |
| 1:2022cv01341 |
| March 11, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Peggy Kuo |
| Labor: Labor/Mgt. Relations |
| 05 U.S.C. § 704 Labor Litigation |
| None |
Docket Report
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Filing 26
CONSOLIDATION ORDER, IT IS ORDERED that case number CV-22-1341 be consolidated into lead case number CV-21-6149 as related actions. IT IS ORDERED that case number CV-22-1341 be administratively closed and all further entries be made on the lead case, docket number CV-21-1341. (So Ordered by Judge Frederic Block on 5/6/2022) c/m by chambers. (Galeano, Sonia)
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| Cases associated. Lead case #21-cv-6149 and Member case #22-cv-1341. (Galeano, Sonia) |
| Civil Case Terminated. (Galeano, Sonia) |
| Filing 25 NOTICE of Appearance by Edward J. Groarke on behalf of Mosaic Terrazzo And Chemical Product Decorative Finisher Mason Workers Assoc. Local 7 Of New York And Vicinity International Union Of Bricklayers And Allied Craft Workers (aty to be noticed) (Groarke, Edward) |
| Filing 24 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. (Neptune, Pierre) |
| Filing 23 Case transferred in from District of New Jersey; Case Number 2:21-cv-19770. Original file certified copy of transfer order and docket sheet received. |
| The case of RB Restoration Inc. v. Mosaic Terrazzo And Chemical Product Decorative Finisher Mason Workers Assoc. Local 7 Of New York And Vicinity International Union Of Bricklayers And Allied Craft Workers et al, has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 22-CV-01341. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Neptune, Pierre) |
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Filing 22
ORDER granting #5 Defendants' motion to transfer this case to the United States District Court for the Eastern District of New York, pursuant to 28 U.S.C. 1404(a). In light of the Court's decision to transfer this case, the Initial Scheduling Conference scheduled for February 28, 2022 at 4:30 p.m. is CANCELED. The Clerk shall not transfer this case for fourteen (14) days. etc. Signed by Magistrate Judge Jessica S. Allen on 2/24/2022. (qa, ) [Transferred from New Jersey on 3/11/2022.]
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| Filing 21 OPINION. Signed by Magistrate Judge Jessica S. Allen on 2/24/2022. (qa, ) [Transferred from New Jersey on 3/11/2022.] |
| ***Civil Case Terminated. (qa, ) [Transferred from New Jersey on 3/11/2022.] |
| Filing 20 Joint Discovery Plan by RB RESTORATION, INC..(ABRAHAMSEN, RICHARD) [Transferred from New Jersey on 3/11/2022.] |
| Filing 19 Letter. (ABRAHAMSEN, RICHARD) [Transferred from New Jersey on 3/11/2022.] |
| Filing 18 MOTION to Stay Discovery and Adjourn Initial Conference by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE. (HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek) [Transferred from New Jersey on 3/11/2022.] |
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Filing 17
LETTER ORDER: Initial Conference set for 2/28/2022 at 4:30 PM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 1/3/22. (jbb) [Transferred from New Jersey on 3/11/2022.]
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| Filing 16 ANSWER to Complaint by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE.(HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
| Filing 15 ANSWER to Complaint by MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS. (Attachments: #1 Exhibit Signed CBA)(KEANE, THOMAS) [Transferred from New Jersey on 3/11/2022.] |
| Filing 14 REPLY to Response to Motion filed by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE re #5 MOTION to Change Venue (Attachments: #1 Declaration Reply Decl. of John Harras in Further Support, #2 Exhibit A - Affidavit of Service of EDNY Action on RB Restoration, #3 Exhibit B - RB Restoration Incorporation Information with NYS Dept. of State, #4 Exhibit C - Google Maps Directions between EDNY (BK) and RB Restoration)(HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
| Filing 13 AFFIDAVIT of Service for Notice of Substitution of Attorney served on John Martin Harras, Richard Abrahamsen on December 20, 2021, filed by MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS. (KEANE, THOMAS) [Transferred from New Jersey on 3/11/2022.] |
| Filing 12 BRIEF in Opposition filed by RB RESTORATION, INC. re #5 MOTION to Change Venue (Attachments: #1 Certification Certificaitn of counsel, #2 cover ltr to the judge salas)(ABRAHAMSEN, RICHARD) [Transferred from New Jersey on 3/11/2022.] |
| Filing 11 First MOTION to Substitute Attorney by MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS. (KEANE, THOMAS) [Transferred from New Jersey on 3/11/2022.] |
| Filing 10 SUMMONS Returned Executed by RB RESTORATION, INC.. MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC. served on 11/10/2021, answer due 12/1/2021. (ABRAHAMSEN, RICHARD) [Transferred from New Jersey on 3/11/2022.] |
| Filing 9 SUMMONS Returned Executed by RB RESTORATION, INC.. TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE served on 11/10/2021, answer due 12/1/2021. (ABRAHAMSEN, RICHARD) [Transferred from New Jersey on 3/11/2022.] |
| Filing 8 SUMMONS Returned Executed by RB RESTORATION, INC.. MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS served on 11/10/2021, answer due 12/1/2021. (ABRAHAMSEN, RICHARD) [Transferred from New Jersey on 3/11/2022.] |
| Set Deadlines as to #5 MOTION to Change Venue . Motion set for 1/3/2022 before Judge Esther Salas. 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, ) [Transferred from New Jersey on 3/11/2022.] |
| Filing 7 MEMORANDUM in Support filed by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE re #5 MOTION to Change Venue (HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
| Filing 6 AFFIDAVIT in Support filed by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE re #5 MOTION to Change Venue (Attachments: #1 Exhibit A - RB Restoration Signed CBA - 2013-2017 - 6.2015, #2 Exhibit B - Terrazzo Collection Policy Feb 2012, #3 Exhibit C - Amendment No. 1 re Estimating Oct 2015, #4 Exhibit D - Email re RB submission to Audit - 2.23.21, #5 Exhibit E - Emails re Issues with Audit, #6 Exhibit F - RB Restoration 18-21 - Prel. Audit Report - Terrazzo Funds 10-08-2021, #7 Exhibit G - EDNY Action Complaint, #8 Exhibit H - District Court Order - Sanctions on Abrahamsen and Law Firms - 9.15.21)(HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
| Filing 5 MOTION to Change Venue by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE. (HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
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Filing 4
ORDER granting #3 Defendants request for leave to file a Motion to transfer venue. Any such Motion shall be filed by 12/23/2021. Defendants request to extend the time to respond or answer the Complaint until after the disposition of the Motion is denied without prejudice. Defendants alternative request for an extension of time to respond to the Complaint until 12/30/2021 is granted. Signed by Magistrate Judge Jessica S. Allen on 11/29/2021. (bt, ) [Transferred from New Jersey on 3/11/2022.]
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| Filing 3 MOTION for Extension of Time to File Answer re #1 Complaint,, , MOTION to Change Venue and Requesting Leave to Do So by MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE. (Attachments: #1 Exhibit A - EDNY Sanctions against Abrahamsen, #2 Exhibit B - EDNY Sanctions against Abrahamsen and His Law Firms, #3 Exhibit C - Emails Requesting Extension)(HARRAS, JOHN) [Transferred from New Jersey on 3/11/2022.] |
| Filing 2 SUMMONS ISSUED as to MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC., MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (bt, ) [Transferred from New Jersey on 3/11/2022.] |
| Filing 1 COMPLAINT against MOSAIC TERRAZZO AND CHEMICAL PRODUCT DECORATIVE FINISHER MASON WORKERS ASSOC. LOCAL 7 OF NEW YORK AND VICINITY INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS; TRUSTEES OF THE MOSAIC AND TERRAZZO WELFARE FUNDS AND TRUSTEES OF THE BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND TRUSTEES OF THE INTERANATIONAL MASONRY INSTITUTE; MARBLE TERRAZZO AND SPECIALITY CONTRACTORS ASSOCIATION INC.( Filing and Admin fee $ 402 receipt number ANJDC-12956804), filed by RB Restoration. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Civil Cover Sheet)(ABRAHAMSEN, RICHARD) Modified on 11/9/2021 (bt, ). [Transferred from New Jersey on 3/11/2022.] |
| Case Assigned to Judge Esther Salas and Magistrate Judge Jessica S. Allen. (ak, ) [Transferred from New Jersey on 3/11/2022.] |
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| Plaintiff: RB Restoration Inc. doing business as Midtown Terrazzo | |
| Represented By: | Richard J. Abrahamsen |
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| Defendant: Mosaic Terrazzo And Chemical Product Decorative Finisher Mason Workers Assoc. Local 7 Of New York And Vicinity International Union Of Bricklayers And Allied Craft Workers | |
| Represented By: | John Martin Harras |
| Represented By: | Thomas Pearse Keane |
| Represented By: | Edward J. Groarke |
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| Defendant: Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute | |
| Represented By: | John Martin Harras |
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| Defendant: Marble Terrazzo And Speciality Contractors Association Inc. | |
| Represented By: | John Martin Harras |
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