Local 917, International Brotherhood of Teamsters v. Empire Merchants LLC
| Local 917, International Brotherhood of Teamsters |
| Empire Merchants LLC |
| 2:2020cv03827 |
| August 20, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.
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ORDER granting #15 Motion to Adjourn Conference. Today's Telephone Conference is adjourned to 10/28/2020 at 10:00 AM in Courtroom 940 before Judge Gary R. Brown. The parties will call 888-363-4734 using Access code 4132441 at least 5 minutes prior to the conference. Please note any number of counsel may appear during the telephone conference, however only one attorney per party may be designated to speak during the conference. Ordered by Judge Gary R. Brown on 10/15/2020. (McMorrow, Karen)
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| Filing 15 MOTION to Adjourn Conference by Local 917, International Brotherhood of Teamsters. (Glennon, Marty) |
| Filing 14 Letter in Response to Defendant's request for a Pre-Motion Conference by Local 917, International Brotherhood of Teamsters (Attachments: #1 Exhibit A, #2 Exhibit B) (Brown, Paul) |
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ORDER granting #11 Motion for Pre Motion Conference.A pre-motion telephone conference is scheduled for October 15, 2020 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 11. Counsel are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with counsels' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 11 in accordance with the undersigned's individual rules by September 24, 2020. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. Ordered by Judge Gary R. Brown on 9/9/2020. (Meil, Stephen)
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| Filing 12 NOTICE of Appearance by Marty Gerard Glennon on behalf of Local 917, International Brotherhood of Teamsters (aty to be noticed) (Glennon, Marty) |
| Filing 11 Letter MOTION for pre motion conference re #1 Complaint, by Empire Merchants LLC. (Roberts, Allen) |
| Filing 10 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 24, 2020, before District Judge Gary R. Brown. Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/18/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/26/2020. (Rodin, Deanna) |
| Filing 13 Minute Entry for proceedings held on 8/24/2020 before Judge Gary R. Brown. Counsel for Plaintiff: Paul Brown. Counsel for Defendant: Allen Roberts, Michael McGahan. FTR #: 1:59-2:30, AT&T. Motion for: Order to Show Cause. Case called. Counsel for all sides present. Motion argued. Parties will advise the court within 7 days of completion of arbitration. (Tirado, Chelsea) |
| Filing 9 AFFIDAVIT in Opposition re #1 Complaint, Declaration of Anthony J. Magliocco in Opposition to Petition for Preliminary Injunctive Relief in Aid of Arbitration by Empire Merchants LLC. (Attachments: #1 Exhibit A - August 15 Letter) (Roberts, Allen) |
| Filing 8 Corporate Disclosure Statement by Empire Merchants LLC (Roberts, Allen) |
| Filing 7 NOTICE of Appearance by Allen B. Roberts on behalf of Empire Merchants LLC (aty to be noticed) (Roberts, Allen) |
| Filing 6 NOTICE of Appearance by Michael F. McGahan on behalf of Empire Merchants LLC (aty to be noticed) (McGahan, Michael) |
| Filing 5 NOTICE of Appearance by David J. Clark on behalf of Empire Merchants LLC (aty to be noticed) (Clark, David) |
| Filing 4 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/21/2020: #1 Additional Corrections) (Rodin, Deanna). |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Complaint, by Local 917, International Brotherhood of Teamsters (Brown, Paul) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna) |
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ORDER TO SHOW CAUSE. Upon review of the papers submitted, plaintiff seeks ex parte relief pending an order to show cause hearing on the issues raised in the complaint. The papers contain no indication that plaintiffs counsel made any effort to contact defense counsel. As such, the application for ex parte temporary restraining order relief is DENIED. However, the request is hereby GRANTED to the extent that the order to show cause hearing shall occur on Monday, August 24, 2020 at 2:00 pm by audio conference. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference. Plaintiffs counsel is directed to serve a copy of this order along with the complaint by fax or other electronic means, and further directed to confer with defense counsel by phone prior to the conference to ensure that everyone is available FORTHWITH. So Ordered by Judge Gary R. Brown on 8/21/2020. (Yim, Kevin)
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| Filing 1 COMPLAINT against Empire Merchants LLC filing fee $400, receipt number ANYEDC-13242459, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Local 917, International Brotherhood of Teamsters. (Attachments: #1 Civil Cover Sheet, #2 Proposed Order, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Brown, Paul) Modified on 8/21/2020 (Bowens, Priscilla). Modified on 8/21/2020 (Rodin, Deanna). |
| 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 corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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