International Brotherhood of Electrical Workers Local 2230 v. Brookhaven Science Associates, LLC
| INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 2230 |
| BROOKHAVEN SCIENCE ASSOCIATES, LLC d/b/a BROOKHAVEN NATIONAL LABORATORY and Brookhaven Science Associates, LLC doing business as Brookhaven National Laboratory |
| 2:2021cv02952 |
| May 25, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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| Filing 18 Proposed Scheduling Order by Brookhaven Science Associates, LLC (Lignowski, Michael) |
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. The Motion of Michael E. Lignowski for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 7/27/2021. (Sanders, Scott)
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| Filing 17 AFFIDAVIT/DECLARATION in Opposition re #12 MOTION to Vacate Arbitration Award and in Support of Petitioner's Motion to Confirm Arbitration Award filed by International Brotherhood of Electrical Workers Local 2230. (Attachments: #1 Exhibit A: CBA, #2 Exhibit B: Charge, #3 Exhibit C: Amended Charge, #4 Exhibit D: NLRB Deferral Letter, #5 Exhibit E: Grievance 2020-006, #6 Exhibit F: Gillespie's Opinion & Award) (Keane, Thomas) |
| Filing 16 MEMORANDUM in Opposition re #12 MOTION to Vacate Arbitration Award and in Support of Petitioner's Motion to Confirm Arbitration Award filed by International Brotherhood of Electrical Workers Local 2230. (Keane, Thomas) |
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ORDER: The return date for Michael E. Lignowski's Motion to Appear Pro Hac Vice shall be on 7/27/2021. In accordance with this Courts Individual Practice Rules, any opposition must be filed by 7/25/2021, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 7/20/2021. (Sanders, Scott)
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| Filing 15 MOTION to Appear Pro Hac Vice (Michael E. Lignowski) Filing fee $ 150, receipt number ANYEDC-14669273. by Brookhaven Science Associates, LLC. (Attachments: #1 Affidavit, #2 Exhibit A - NJ Certificate of Good Standing, #3 Exhibit B - PA Certificate of Good Standing, #4 Proposed Order) (Lignowski, Michael) |
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ORDER REFERRING MOTIONS: #1 and #12 Petition to Confirm Arbitration Award and Cross-Petition to Vacate Arbitration Award filed by Brookhaven Science Associates, LLC. The Petition to Confirm Arbitration Award, DE 1, and the Cross-Petition to Vacate Arbitration Award, DE 12, are respectfully referred the Hon. James M. Wicks for report and recommendation.Ordered by Judge Gary R. Brown on 7/7/2021. c/ecf (Johnston, Linda)
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| Filing 14 DECLARATION re #12 Notice(Other) of John Guyette by Brookhaven Science Associates, LLC (Attachments: #1 Exhibit A - 2018 Collective Bargaining Agreement, #2 Exhibit B - 2021 Arbitration Decision and Award, #3 Exhibit C - 2020 Union Charge, #4 Exhibit D - August 21, 2020 Deferral Letter, #5 Exhibit E - 2020 Union Grievance) (Guyette, John) |
| Filing 13 MEMORANDUM in Support re #12 Notice(Other) and in Opposition to Petition to Confirm an Arbitration Award filed by Brookhaven Science Associates, LLC. (Guyette, John) |
| Filing 12 Motion to Vacate by Brookhaven Science Associates, LLC of Cross-Petition to Vacate Arbitration Award (Guyette, John) Modified on 7/7/2021 (McMorrow, Karen). |
| Filing 11 Corporate Disclosure Statement by Brookhaven Science Associates, LLC (Guyette, John) |
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SCHEDULING ORDER: Re #10 Scheduling Order: The Initial Conference set for 8/4/2021 has been moved to 02:30 PM before Magistrate Judge James M. Wicks. So Ordered by Magistrate Judge James M. Wicks on 6/28/2021. (Ortiz, Grisel)
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Filing 10
SCHEDULING ORDER: An initial conference via Zoom will be held at 2:00 pm on 8/4/2021 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation close to the conference date. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than 7/28/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 6/24/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Sanders, Scott)
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Filing 9
ORDER OF RECUSAL: it is requested that the Clerk of the Court reassign this matter to another Magistrate Judge in the ordinary course of business. Ordered by Magistrate Judge Steven I. Locke on 6/23/2021. (Magistrate Judge Steven I. Locke recused. Case randomly reassigned to Magistrate Judge James M. Wicks for all further proceedings.) (Florio, Lisa)
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Electronic ORDER granting DE #8 Motion for Extension of Time to Answer. On consent, the deadline for Respondent to answer or otherwise respond to Petitioners Petition to Confirm an Arbitration Award is extended to and including 7/1/2021. Ordered by Magistrate Judge Steven I. Locke on 6/22/2021. (Bartell, Max)
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| Filing 8 MOTION for Extension of Time to File Answer re #1 Petition re: Arbitration Award,, (Stipulation as to Service of Process and Respondent's Time to Respond) by Brookhaven Science Associates, LLC. (Guyette, John) |
| Filing 7 NOTICE of Appearance by John Paul Guyette on behalf of Brookhaven Science Associates, LLC (aty to be noticed) (Guyette, John) |
| Filing 6 SUMMONS Returned Executed by International Brotherhood of Electrical Workers Local 2230. Brookhaven Science Associates, LLC served on 6/10/2021, answer due 7/1/2021. (Keane, Thomas) |
| Filing 5 SUMMONS Returned Executed by International Brotherhood of Electrical Workers Local 2230. Brookhaven Science Associates, LLC served on 6/1/2021, answer due 6/22/2021. (Keane, Thomas) |
| Filing 4 Summons Issued as to Brookhaven Science Associates, LLC. (Flanagan, Doreen) |
| 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-14514013 (Keane, Thomas) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen) |
| Filing 1 PETITION re: Arbitration Award to Confirm, filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 2230. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A CBA, #4 Exhibit B NLRB CHARGE 6-23-2020, #5 Exhibit C NLRB CHARGE 7-22-2020, #6 Exhibit D NLRB 8-21-2020, #7 Exhibit E GRIEVANCE, #8 Exhibit F GRIEVANCE RESPONSE, #9 Exhibit G ARB DEMAND FMCS, #10 Exhibit H DECISION AND AWARD, #11 Exhibit I RAYNOR EMAIL 5-7-2021, #12 Exhibit J RAYNOR EMAIL 5-24-2021, #13 Exhibit K GRIEVANCE ARB AWARD) (Keane, Thomas) |
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| Respondent: BROOKHAVEN SCIENCE ASSOCIATES, LLC d/b/a BROOKHAVEN NATIONAL LABORATORY | |
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| Respondent: Brookhaven Science Associates, LLC doing business as Brookhaven National Laboratory | |
| Represented By: | John Paul Guyette |
| Represented By: | Michael E Lignowski |
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| Petitioner: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 2230 | |
| Represented By: | Thomas Pearse Keane |
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