National Labor Relations Board v. Atlantic Veal & Lamb LLC et al
| National Labor Relations Board |
| Atlantic Veal & Lamb LLC and Ohio Farms Packing Co. LLC |
| 1:2023mc01130 |
| April 18, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: Labor/Mgt. Relations |
| None |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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| Case returned from mediation. (DS) |
| Filing 25 MOTION to Withdraw #24 MOTION to Continue Hearing on Order to Show Cause by Atlantic Veal & Lamb LLC. (Carmody, Bryan) |
| Filing 24 MOTION to Continue Hearing on Order to Show Cause by Atlantic Veal & Lamb LLC. (Carmody, Bryan) |
Filing 23
MEMORANDUM DECISION AND ORDER dated 6/8/23 that the Court grants in part and denies in part the NLRB's motion to waive the mediation fee #21 and denies respondents' cross-motion to waive the fee #22 . The Court will proceed to decide on the motion for enforcement of the subpoenas on the papers submitted. ( Ordered by Judge Brian M. Cogan on 6/8/2023 ) (RG)
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ORDER denying as moot #24 Motion to Continue. Show Cause Hearing by video set for 6/14/2023 at 10:00 am will proceed as scheduled. Ordered by Judge Brian M. Cogan on 6/9/2023. (PW)
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ORDER denying #25 . Counsel's understanding is wrong. The hearing is going forward as scheduled. Ordered by Judge Brian M. Cogan on 6/9/2023. (PW)
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| Filing 22 Letter Motion to Request Mediation Response to Mediation Request by Ohio Farms Packing Co. LLC. (Carmody, Don) |
| Filing 21 Motion to Request Mediation Fee be Waived or Pro Bono Mediator by National Labor Relations Board. (Hsu, Annie) |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE by Ohio Farms Packing Co. LLC (Carmody, Don) |
| Filing 19 DECLARATION re #18 Memorandum in Opposition by Atlantic Veal & Lamb LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Carmody, Bryan) |
| Filing 18 MEMORANDUM in Opposition re #1 Complaint, filed by Atlantic Veal & Lamb LLC. (Carmody, Bryan) |
| Filing 17 ANSWER to Complaint Application to Enforce Subpoena by Ohio Farms Packing Co. LLC. (Carmody, Don) |
| Filing 16 ANSWER to #1 Complaint, by Atlantic Veal & Lamb LLC. (Carmody, Bryan) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (TP) |
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ORDER REFERRING CASE to Mediation. The ADR Administrator is directed to instruct the parties on the mediation process and selection. It is a condition of the referral that all proceedings before the mediator are completed within 60 days of the date of this Order. Ordered by Judge Brian M. Cogan on 5/17/2023. (PW)
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| Filing 15 First MOTION for Leave to File Document Requesting Mediation Order by Ohio Farms Packing Co. LLC. (Carmody, Don) |
| Filing 14 First MOTION for Extension of Time to File Answer and Memorandum in Opposition by Atlantic Veal & Lamb LLC. (Carmody, Bryan) |
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ORDER granting #14 . Respondent Atlantic Veal & Lamb LLC's answer due 5/23/2023; brief in opposition due 5/30/2023. Ordered by Judge Brian M. Cogan on 5/8/2023. (PW)
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| Filing 13 Letter MOTION for Extension of Time to File Answer and Memorandum in Opposition to Application by Ohio Farms Packing Co. LLC. (Carmody, Don) |
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ORDER granting #13 . Respondent Ohio Farms Packing Co. LLC's answer due 5/23/2023; brief in opposition due 5/30/2023. Ordered by Judge Brian M. Cogan on 5/4/2023. (PW)
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| Filing 12 CERTIFICATE OF SERVICE by National Labor Relations Board re #11 Certificate of Service to Updated Bryan Carmody Address (Hsu, Annie) |
| Filing 11 CERTIFICATE OF SERVICE by National Labor Relations Board re #9 Certificate of Service Corrected (Hsu, Annie) |
| Filing 10 First MOTION to Adjourn Conference by National Labor Relations Board. (Hsu, Annie) |
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ORDER granting #10 . Show Cause Hearing adjourned to 6/14/2023 at 10:00 AM by video. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 4/27/2023. (PW)
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| Filing 9 CERTIFICATE OF SERVICE by National Labor Relations Board of Order to Show Cause and Other Initiating Documents (Hsu, Annie) |
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Filing 8
ORDER TO SHOW CAUSE re: #4 Motion for Order to Show Cause; that respondents appear by VIDEO and show cause as to why an order of this Court should not issue directing Respondents to appear by their Custodians of Records before a duly designated agent of the Board at Two MetroTech Center, Suite 5100, Brooklyn, New York, on a date and time designated by the Regional Director of Region 29, or her designated agent, to give testimony and produce all documents requested by the Subpoenas, in connection with the unfair labor practice investigation now pending before the Board in Case No. 29-CA-290971. A ZoomGov link will be emailed to all counsel. Show Cause Hearing set for 5/23/2023 at 01:30 PM via Video before Judge Brian M. Cogan. See for complete details. ( Ordered by Judge Brian M. Cogan on 4/21/2023 ) (RG)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 6 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. (SR) |
| Filing 5 Civil Cover Sheet against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by National Labor Relations Board. (Hsu, Annie) |
| Filing 4 First MOTION for Order to Show Cause by National Labor Relations Board. (Hsu, Annie) |
| Case Assigned to Judge Brian M. Cogan. 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. (SR) |
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ORDER granting #2 Annie Hsu's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Brian M. Cogan on 4/19/2023. (PW) Modified on 4/19/2023 (PW).
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| **No Summons Submitted for Issuance*** (SR) |
| Filing 3 Proposed Scheduling Order Order to Show Cause by National Labor Relations Board (Hsu, Annie) |
| Filing 2 First MOTION to Appear Pro Hac Vice by National Labor Relations Board. (Attachments: #1 Affidavit Affidavit in Support, #2 Proposed Order Proposed Order) (Hsu, Annie) |
| Filing 1 Motion to Enforce an Administrative Subpoena against All Defendants filed by National Labor Relations Board. (Attachments: #1 Declaration Declaration of Annie Hsu in Support, #2 Memorandum in Support Memorandum in Support, #3 Proposed Order Proposed Order) (Hsu, Annie) |
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