Madison Aquisition Group, LLC v. Local 259, United Auto Workers, AFL-CIO et al
| Madison Aquisition Group, LLC |
| Local 259, United Auto Workers, AFL-CIO and International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW |
| 2:2021cv05685 |
| October 12, 2021 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| James M Wicks |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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ELECTRONIC ORDER deferring ruling on #25 Plaintiff's Motion to Stay. On October 18, 2021, Plaintiff sought an order enjoining Defendants from compelling arbitration on a labor dispute between the parties. (Petition, ECF No. #8 .) Plaintiff sought no relief beyond its request for an injunction. (See Petition at 2-3; see also Verified Petition, ECF No. #2 , at 7-8.) On November 18, 2021, the Court issued an order denying Plaintiff's motion for an injunction. (Order, ECF No. #23 , at 13.) The Court further directed the parties to advise how they intend to proceed in this action. (Id.) In response, Plaintiff advised that it "intends to proceed to arbitration" and requested the Court "stay this action pending a hearing and determination of the arbitration." (Pl. Ltr., ECF No. #25 .) Defendants requested the Court dismiss the action with prejudice. (Defs. Ltr., ECF No. #24 .) In light of the parties' submissions, Plaintiff is ORDERED TO SHOW CAUSE, in writing, by no later than December 17, 2021, why this Court, having denied Plaintiff's sole request for relief, has jurisdiction over this action. Defendants shall respond on or before December 22, 2021. No reply shall be permitted. Ordered by Judge Joanna Seybert on 12/10/2021. (DiMarco, Nicholas)
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| Filing 25 MOTION to Stay response to November 18, 2021 Court Order and letter motion for stay of action pending arbitration by Madison Aquisition Group, LLC. (Smith, Christopher) |
| Filing 24 Letter per November 18, 2021 Order by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO (Meyer, Jeremy) |
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Filing 23
MEMORANDUM AND ORDER; Accordingly, Plaintiff's motion for a preliminary injunction (ECF No. 8) is DENIED. Further, within ten days of this Memorandum & Order, the parties shall advise the Court, in writing, how they intend to proceed in this action, including whether Defendants intend to renew their request to file a motion to dismiss this action. So Ordered by Judge Joanna Seybert on 11/18/2021. C/ECF (Valle, Christine)
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| Filing 22 Minute Entry for proceedings held before Judge Joanna Seybert: Show Cause Hearing held on 11/16/2021. Parties arguments were heard. The decision was reserved. The Court will issue a written decision. (Court Reporter Paul Lombardi.) (Russo, Eric) |
| Filing 21 Letter Joint Letter advising Court about witnesses they intend to call at 11/16/2021 hearing by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO (Meyer, Jeremy) |
| Filing 20 REPLY in Support re #11 Order on Motion for Order to Show Cause,, , MEMORANDUM in Support filed by Madison Aquisition Group, LLC. (Smith, Christopher) |
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Filing 19
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference is scheduled for 9:30 AM on January 6, 2022 before Magistrate Judge James M. Wicks, in Courtroom 1020. The parties are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than December 30, 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 11/3/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel)
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| Filing 18 REPLY in Support Reply Affidavit of Jay Decker in Support of Petition to Stay Arbitration filed by Madison Aquisition Group, LLC. (Smith, Christopher) |
| Filing 17 Letter Response to Defendants October 28, 2021 (ECF No. 16) Request for Premotion Conference by Madison Aquisition Group, LLC (Smith, Christopher) |
| Filing 16 Letter requesting pre-motion conference for Motion to Dismiss by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO (Meyer, Jeremy) |
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ELECTRONIC ORDER as to DE #15 granting in part and denying in part the Motion to Adjourn Conference and granting the Motion for Extension of Time to File. Parties are advised that the Show Cause Hearing currently set for 11/5/2021 is adjourned to 11/16/2021 at 11:00 AM in Courtroom 1030 before Judge Joanna Seybert. Petitioner's shall file reply papers on or before 11/3/2021. On or before 11/4/2021, the parties shall file a joint letter advising this Court whether they intend to call witnesses at the hearing and, if so, provide the names of said witnesses. Ordered by Judge Joanna Seybert on 10/27/2021. (Russo, Eric)
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| Filing 15 Letter MOTION to Adjourn Conference Adjourn Return Date to November 12, 2021, Letter MOTION for Extension of Time to File Response/Reply as to #11 Order on Motion for Order to Show Cause,,,,,, Temporary Restraining Order,,, Set Hearings,, Petitioners Request to extend Petitioners Time to Serve Reply Papers for Petitioners Motion to Stay Arbitration and Extend Deadline for Joint Letter by Madison Aquisition Group, LLC. (Smith, Christopher) |
| Filing 13 MEMORANDUM in Opposition re #11 Order on Motion for Order to Show Cause,,,,,, Temporary Restraining Order,,, Set Hearings,, filed by All Defendants. (Attachments: #1 Affidavit of Brian Schneck, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Meyer, Jeremy) |
| Filing 14 STATE COURT RECORD received from SUFFOLK COUNTY CLERK'S OFFICE for E-filed Supreme Court case, Index No. 619070/2021. (Valle, Christine) |
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Filing 11
ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER granting #8 Letter MOTION for Order to Show Cause; IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED. IT IS FURTHER ORDERED that DEFENDANTS ARE TO SHOW CAUSE at an IN-PERSON HEARING before this Court at 100 Federal Plaza, Courtroom 1034, Central Islip, New York 11722-9014, on Friday, November 5, 2021 at 10:00 A.M., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure; Show Cause Hearing set for 11/5/2021 at 10:00AM before Judge Joanna Seybert. See ORDER for all additional details. So Ordered by Judge Joanna Seybert on 10/20/2021. C/ECF (Valle, Christine)
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| Filing 12 AFFIDAVIT of Service for Verified Petition to Permanently Stay Arbitration (State Case Index No.: 619070/2021), Letter to Hon. Joanna Seybert dated October 18, 2021 re: Petitioner Response to the Respondents letter motion (ECF No. 9), Conformed Order to Show Cause in State Case, Index No.: 619070/21 (Proposed Order to Show Cause in State Case, Index No.: 619070/21, Signed Order to Show Cause with Temporary Restraining Order dated October 20, 2021 and Letter to Hon. Joanna Seybert dated October 18, 2021 re: renewal application for temporary restraining order with Exhibits served on United Automobile Workers Local 259, United Automobile, Aerospace, and Agricultural Implement Workers of America, U.A.W. and Joseph T. Cleary, Esq. Cleary Josem & Trigiani LLP on October 20, 2021, filed by Madison Aquisition Group, LLC. (Smith, Christopher) |
| Filing 10 Letter Petitioner Madison Acquisition Group, LLC. Response to the Respondents Response to letter motion (ECF No. 9) by Madison Aquisition Group, LLC (Smith, Christopher) |
| Filing 9 RESPONSE to Motion re #8 Letter MOTION for Order to Show Cause Renewal of application for temporary restraining order staying arbitration and picketing pending hearing and determination of motion to stay arbitration/request for return date for pending motion to stay arbitra filed by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO. (Meyer, Jeremy) |
| Filing 8 Letter MOTION for Order to Show Cause Renewal of application for temporary restraining order staying arbitration and picketing pending hearing and determination of motion to stay arbitration/request for return date for pending motion to stay arbitration and signing attached proposed Order to Show Cause by Madison Aquisition Group, LLC. (Attachments: #1 Exhibit A - CBA, #2 Exhibit B - Notice Intention arbitrate, #3 Exhibit C - 401K, #4 Exhibit D - Affirmation, #5 Exhibit E - State Action OSC, #6 Proposed Order Proposed Order to Show Cause) (Smith, Christopher) |
| Filing 7 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. (Jakubowski, Laura) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge James M. Wicks. 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. (Jakubowski, Laura) |
| Filing 6 NOTICE of Appearance by Scott P. Trivella on behalf of Madison Aquisition Group, LLC (aty to be noticed) (Trivella, Scott) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 Civil Cover Sheet.. by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO (Meyer, Jeremy) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Completed Second Page (Not the Instruction Page)Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 3 Civil Cover Sheet.. by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO (Meyer, Jeremy) |
| Filing 2 EXHIBIT A to Notice of Removal by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO. Related document: #1 Notice of Removal, filed by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO. (Meyer, Jeremy) |
| Filing 1 NOTICE OF REMOVAL by International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 259, United Auto Workers, AFL-CIO from New York State Supreme Court County of Suffolk, case number 619070/2021. ( Filing fee $ 402 receipt number ANYEDC-14924598) (Attachments: #1 Notice of Notice of Removal) (Meyer, Jeremy) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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| Plaintiff: Madison Aquisition Group, LLC | |
| Represented By: | Christopher A. Smith |
| Represented By: | Scott P. Trivella |
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| Defendant: Local 259, United Auto Workers, AFL-CIO | |
| Represented By: | Jeremy E. Meyer |
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| Defendant: International Union, Automobile, Aerospace and Agricultural Implement Workers of America, UAW | |
| Represented By: | Jeremy E. Meyer |
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