United States of America v. International Brotherhood of Teamsters, et al
Plaintiff: United States of America
Defendant: Teamsters Local 710 & John T. Coli, Individually, Joseph W. Morgan, Eugene Boffa, Sr., Anthony Provenzano, Robert Holmes, Sr., Salvatore Provenzano, Milton Rockman, Don L. West, Arnold Weinmeister, Theodore Cozza, Matthew Ianniello, Nunzio Provenzano, Gennaro Langella, Francis Sheeran, John H. Cleveland, Daniel Ligurotis, Salvatore Santoro, John Tronolone, William J. McCarthy, Carmine Persico, The Commission of La Cosa Nostra, Anthony Thomas Civella, Paul Kenny, General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Donald Peters, Philip Rastelli, Joseph John Aiuppa, Anthony Ficarotta, Christopher Furnari, Sr., Edward M. Lawson, Frank Manzo, Jackie Presser, Frank Balistrieri, Michael J. Riley, Angelo Lapietra, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Maurice R. Schurr, Carl Civella, Harold Friedman, Joseph Massino, Carl Angelo Deluna, John Philip Cerone, Nicholas Marangello, Joseph Trerotola, Jack D. Cox, Joseph Lombardo, Weldon Mathis, Anthony Salerno, Walter J. Shea and Anthony Corallo
Petitioner: Dane Passo, Francis Gillen, Charles M. Carberry, William T. Hogan, Jr., Commonwealth Association of School Administrators (CASA), Local 502, George DiPilato, Jere Nash, Marc M Pekay, Robert Weisenburger and Lawrence Bastian
Respondent: Gerald Pauli, Joseph Kouba, Paul Roa, Ed J. Mireles and Charles Crawley
Interested Party: Abraham Moreno and Gary Guillory
Intervenor: Patrick Flynn, Kevin Wagoner and Larry Alexander
Undetermined: Teamster Local 710 & John T. Coli, Individually, Frank Radice and Richard W. Mark
Appellant: Thomas Flaherty and James Deamicis
Amicus Curiae: Teamsters for a Democratic Union
Case Number: 1:1988cv04486
Filed: June 28, 1988
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Loretta A Preska
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1962
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2018 Opinion or Order Filing 4618 ORDER FOR WITHDRAWAL OF VIET D. DINH: IT IS HEREBY ORDERED that Viet D. Dinh is withdrawn from the above captioned case in the United States District Court for the Southern District of New York. Attorney Viet D. Dinh terminated. (Signed by Judge Loretta A. Preska on 10/16/2018) (mro)
October 16, 2018 Filing 4617 LETTER addressed to Judge Loretta A. Preska from George W. Hicks, Jr. dated 10/16/2018 re: Withdrawal of Viet D. Dinh. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Hicks, George)
July 26, 2018 Filing 4616 DECLARATION of Celia A. Zahner in Support re: #4614 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
July 26, 2018 Filing 4615 MEMORANDUM OF LAW in Support re: #4614 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
July 26, 2018 Filing 4614 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
April 30, 2018 Filing 4613 DECLARATION of Celia A. Zahner in Support re: #4611 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
April 30, 2018 Filing 4612 MEMORANDUM OF LAW in Support re: #4611 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
April 30, 2018 Filing 4611 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
January 3, 2018 Opinion or Order Filing 4610 MEMO ENDORSEMENT on #4609 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 12/22/2017 re: United States of America v. IBT, et al., No. 88 Civ. 4486 (LAP). Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. ENDORSEMENT: The filing of the unredacted transcript has mooted the motions at dkt. nos. 4573, 4582, and 4583. The Clerk of the Court shall terminate those motions. So ordered. Terminating #4573 Motion for Local Rule 37.2 Conference; Terminating #4582 Motion to Unseal; Terminating #4583 Motion to Unseal Document. (Signed by Judge Loretta A. Preska on 1/2/2018) (rjm)
December 22, 2017 Filing 4609 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 12/22/2017 re: United States of America v. IBT, et al., No. 88 Civ. 4486 (LAP). Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1)(Dinh, Viet)
December 14, 2017 Filing 4608 DECLARATION of Daniel K. Healy in Support re: #4606 MOTION Issuance of Subpoena .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
December 14, 2017 Filing 4607 MEMORANDUM OF LAW in Support re: #4606 MOTION Issuance of Subpoena . . Document filed by Charles M. Carberry. (Carberry, Charles)
December 14, 2017 Filing 4606 MOTION Issuance of Subpoena . Document filed by Charles M. Carberry.(Carberry, Charles)
December 8, 2017 Filing 4605 RESPONSE in Support of Motion re: #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. TDU Response to Court Order of December 1, 2017. Document filed by Teamsters for a Democratic Union. (Harvey, Barbara)
December 8, 2017 Opinion or Order Filing 4604 ORDER granting #4603 Letter Motion for Extension of Time: Granted. (Signed by Judge Loretta A. Preska on 12/8/2017) (jwh)
December 7, 2017 Filing 4603 MOTION for Extension of Time to file TDU's response to Court's Order of December 1, 2017. Document filed by Teamsters for a Democratic Union.(Harvey, Barbara)
December 7, 2017 Filing 4602 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 12/7/2017 re: United States of America v. IBT, et al., No. 88 Civ. 4486 (LAP). Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1)(Dinh, Viet)
December 1, 2017 Opinion or Order Filing 4601 ORDER re: #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. filed by Teamsters for a Democratic Union: Counsel shall inform the court by letter no later than December 7, 2017, of the current status of the redacted portions of the transcript at issue in the Teamsters for a Democratic Union's motion to unseal (dkt. no. 4582). (Signed by Judge Loretta A. Preska on 12/1/2017) (jwh)
November 29, 2017 Opinion or Order Filing 4600 MEMO ENDORSEMENT on INDEPENDENT INVESTIGATIONS OFFICER'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA DIRECTING REGIONS BANK TO PRODUCE SPECIFIED RECORDS. ENDORSEMENT: granted. Counsel shall submit a form of subpoena. So ordered. Granting #4597 MOTION Issuance of Subpoena. Document filed by Charles M. Carberry. (Signed by Judge Loretta A. Preska on 11/28/2017) (rjm)
November 20, 2017 Filing 4599 DECLARATION of Daniel K. Healy in Support re: #4597 MOTION Issuance of Subpoena .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Carberry, Charles)
November 20, 2017 Filing 4598 MEMORANDUM OF LAW in Support re: #4597 MOTION Issuance of Subpoena . . Document filed by Charles M. Carberry. (Carberry, Charles)
November 20, 2017 Filing 4597 MOTION Issuance of Subpoena . Document filed by Charles M. Carberry.(Carberry, Charles)
August 11, 2017 Filing 4596 REPLY to Response to Motion re: #4583 MOTION to Unseal Document #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. filed by Teamsters for a Democratic Union -- Notice of Motion. TDU Letter Reply to IBT Letter of August 9, 2017. Document filed by Teamsters for a Democratic Union. (Harvey, Barbara)
August 9, 2017 Filing 4595 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 08/09/2017 re: Pending motion to unseal the July 20, 2016 transcript. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1)(Dinh, Viet)
June 30, 2017 Filing 4594 REPLY MEMORANDUM OF LAW in Support re: #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. . Document filed by Teamsters for a Democratic Union. (Attachments: #1 Appendix Exhibit List, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "C-1", #6 Exhibit "C-2", #7 Exhibit "D", #8 Exhibit "E", #9 Exhibit "F")(Harvey, Barbara)
June 30, 2017 Filing 4593 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #4594 Reply) - REPLY MEMORANDUM OF LAW in Support re: #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. . Document filed by Teamsters for a Democratic Union. (Harvey, Barbara) Modified on 7/5/2017 (db).
June 22, 2017 Filing 4592 RESPONSE in Opposition to Motion re: #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. . Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dinh, Viet)
June 22, 2017 Opinion or Order Filing 4591 ORDER: with respect to #4583 Motion to Unseal Document. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/22/2017) (ap)
June 22, 2017 Set/Reset Deadlines: Responses due by 6/22/2017. Replies due by 6/29/2017. (ap)
June 21, 2017 Filing 4590 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 06/21/2017 re: Joint proposal for briefing schedule. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
June 19, 2017 Filing 4589 MEMO ENDORSEMENT denying #4585 Motion to Strike. ENDORSEMENT: The motion to strike is denied. Counsel shall confer and inform the Court of the proposed briefing schedule. (Signed by Judge Loretta A. Preska on 6/19/2017) (mro)
June 12, 2017 Filing 4588 REPLY to Response to Motion re: #4585 MOTION to Strike Document No. #4582 Motion to Unseal Union's Transcript of June 20, 2016 Meeting. . Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1)(Dinh, Viet)
June 9, 2017 Filing 4587 MEMORANDUM OF LAW in Opposition re: #4585 MOTION to Strike Document No. #4582 Motion to Unseal Union's Transcript of June 20, 2016 Meeting. . Document filed by Teamsters for a Democratic Union. (Harvey, Barbara)
June 9, 2017 Filing 4586 MEMORANDUM OF LAW in Support re: #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. . Document filed by Teamsters for a Democratic Union. (Harvey, Barbara)
June 9, 2017 Filing 4585 MOTION to Strike Document No. #4582 Motion to Unseal Union's Transcript of June 20, 2016 Meeting. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
June 9, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Barbara M. Harvey to RE-FILE Document #4584 MOTION to Unseal Document -- Brief in Support of Motion to Unseal. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
June 8, 2017 Filing 4584 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Unseal Document -- Brief in Support of Motion to Unseal. Document filed by Teamsters for a Democratic Union.(Harvey, Barbara) Modified on 6/9/2017 (db).
June 8, 2017 Filing 4583 MOTION to Unseal Document #4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. filed by Teamsters for a Democratic Union -- Notice of Motion. Document filed by Teamsters for a Democratic Union.(Harvey, Barbara)
June 8, 2017 Filing 4582 MOTION to Unseal Union's Transcript of June 20, 2016 Meeting. Document filed by Teamsters for a Democratic Union. Return Date set for 6/22/2017 at 06:23 PM.(Harvey, Barbara)
June 5, 2017 Filing 4581 DECLARATION of Celia A. Zahner in Support re: #4579 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Carberry, Charles)
June 5, 2017 Filing 4580 MEMORANDUM OF LAW in Support re: #4579 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
June 5, 2017 Filing 4579 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
May 23, 2017 Terminate Transcript Deadlines (jwh)
May 23, 2017 Opinion or Order Filing 4578 ORDER re: #4573 MOTION for Local Rule 37.2 Conference re Unsealing of Judicial Document filed by Teamsters for a Democratic Union: Before the Court is a request for a prehearing motion conference by the Teamsters for a Democratic Union ("TDU") to address the unsealing of a transcript of a meeting held on July 20, 2016. (ECF No. 4573). The Court grants the TDU permission to make the motion within 14 days of the date of entry of this Order. The International Brotherhood of Teamsters ("IBT") may respond within 14 days, to which the TDU may submit a reply within 7 days. (Signed by Judge Loretta A. Preska on 5/23/2017) (jwh)
May 8, 2017 Filing 4577 LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated May 5, 2017 re: Reply in Support of Pre-Motion Hearing Request DE#s 4573,4575, 4576. Document filed by Teamsters for a Democratic Union. (Attachments: #1 Exhibit B: Teamster Voice-Spring 2017)(Harvey, Barbara)
May 8, 2017 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Barbara M. Harvey. Document No. #4576 Exhibit(s). This document is not filed via ECF. (db)
May 6, 2017 Filing 4576 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Barbara Harvey dated May 5, 2017 re: #4573 MOTION for Local Rule 37.2 Conference re Unsealing of Judicial Document. TDU Reply Exhibit B. Document filed by Teamsters for a Democratic Union. (Harvey, Barbara) Modified on 5/8/2017 (db).
May 6, 2017 Filing 4575 LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated May 5, 2017 re: TDU Pre-Motion Conference Request-Reply. Document filed by Teamsters for a Democratic Union. (Attachments: #1 Exhibit A: Convoy#2-Jan&Feb1976)(Harvey, Barbara)
May 3, 2017 Filing 4574 LETTER addressed to Judge Loretta A. Preska from Bradley Raymond dated May 3, 2017 re: response to April 17, 2017 letter filed by Teamsters for a Democratic Union. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Hicks, George)
April 19, 2017 Filing 4573 MOTION for Local Rule 37.2 Conference re Unsealing of Judicial Document. Document filed by Teamsters for a Democratic Union.(Harvey, Barbara)
February 27, 2017 Filing 4572 NOTICE of International Brotherhood of Teamsters Response to the Annual Report of the Independent Investigations Officer. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Dinh, Viet)
February 16, 2017 Filing 4571 NOTICE of Annual Report of the Independent Investigations Officer pursuant to Paragraph 30 of the Final Agreement and Order. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
January 11, 2017 Opinion or Order Filing 4570 ORDER: The Court construes the attached letter from Francis J. Gillen ("Gillen"), proceeding pro se, as a renewed motion for reconsideration of the Court's order dated December 5, 2013, [ECF No. 4328]. Gillen last wrote to the Court on March 31, 2014, [ECF No. 4349], seeking the Court's reconsideration of the December 5th order. Once again, Gillen's arguments merely rehash those that the Court rejected in its previous order. The motion is therefore DENIED. A copy of this order had been mailed to Gillen. (Signed by Judge Loretta A. Preska on 1/11/2017) (mro)
January 10, 2017 Filing 4569 LETTER addressed to Judge Loretta A. Preska from Bradley T. Raymond dated 01/10/2017 re: Response to Order of December 27, 2016. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
December 27, 2016 Opinion or Order Filing 4568 ORDER granting #4525 Motion to Enforce Judgment. Before the Court is the Government's motion to enforce judgment Final Order of February 17, 2015, [ECF No. 4525], dated November 3, 2016. For the foregoing reasons, the Court grants the Government's motion to enforce judgment and orders the IBT to produce all documents requested in the March 4 and March 11 notices of examination, including the 15,278 emails deemed privileged and the 17,334 emails deemed unresponsive by the IBT, but excluding those documents concerning Ken Hall's negotiations with UPS that the IIO does not seek, within two weeks of the date of entry of this Order. The Court requests that counsel for the IBT assure that adequate preservation orders remain in place, given the delay in making this production. (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 12/27/2016) (mro)
December 20, 2016 Filing 4567 LETTER addressed to Judge Loretta A. Preska from Rebecca S. Tinio dated December 20, 2016 re: Enclosing Supplemental Declaration. Document filed by United States of America.(Tinio, Rebecca)
December 16, 2016 Opinion or Order Filing 4566 MEMO ENDORSEMENT on re: #4565 Letter filed by United States of America. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 12/16/2016) (cf)
December 15, 2016 Filing 4565 LETTER addressed to Judge Loretta A. Preska from Rebecca S. Tinio dated December 15, 2016 re: Request for Approval of Parties' Joint Selection for Independent Review Officer. Document filed by United States of America.(Tinio, Rebecca)
December 15, 2016 Opinion or Order Filing 4564 ORDER denying #4562 Letter Motion for Leave to File Document. The request is Denied. Disclosing details of the IIO's investigation might well compromise the investigation. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/15/2016) (ama) Modified on 12/15/2016 (ama). Modified on 12/15/2016 (ama).
December 15, 2016 Filing 4563 LETTER addressed to Judge Loretta A. Preska from Rebecca S. Tinio dated December 15, 2016 re: Opposition to Union's Request to Review the IIO's Anticipated Ex Parte Declaration. Document filed by United States of America.(Tinio, Rebecca)
December 13, 2016 Filing 4562 LETTER MOTION for Leave to File Response Letter addressed to Judge Loretta A. Preska from Viet D. Dinh dated 12/13/2016. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
December 13, 2016 Opinion or Order Filing 4561 ORDER: Pursuant to footnote 2 in the Government's memorandum of law in support of the motion to enforce judgment, [ECF No. 4526], the Government is directed to submit an ex parte supplemental declaration from the IIO for in camera review that provides more detail about the IIO's investigations of the IBT in the matter at bar. The Government shall submit the declaration within one week of the date of entry of this Order. (Signed by Judge Loretta A. Preska on 12/13/2016) (mro)
December 2, 2016 Opinion or Order Filing 4560 ORDER granting #4555 Letter Motion for Leave to File Excess Pages. Granted. So ordered. (Signed by Judge Loretta A. Preska on 12/2/2016) (mro)
December 1, 2016 Filing 4559 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 12/1/2016 re: government's reply in support of motion to enforce. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
November 30, 2016 Filing 4558 REPLY AFFIRMATION of Rebecca S. Tinio in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tinio, Rebecca)
November 30, 2016 Filing 4557 REPLY AFFIRMATION of Charles M. Carberry in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tinio, Rebecca)
November 30, 2016 Filing 4556 REPLY MEMORANDUM OF LAW in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015. . Document filed by United States of America. (Tinio, Rebecca)
November 30, 2016 Filing 4555 LETTER MOTION for Leave to File Excess Pages addressed to Judge Loretta A. Preska from Rebecca S. Tinio dated November 30, 2016. Document filed by United States of America.(Tinio, Rebecca)
November 22, 2016 Filing 4554 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated November 22, 2016 re: Parties' Joint Proposal re: Sealing of Transcript of July 20, 2016 Meeting. Document filed by United States of America.(La Morte, Tara)
November 18, 2016 Filing 4553 MEMORANDUM OF LAW in Opposition re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015. . Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1)(Dinh, Viet)
November 17, 2016 Opinion or Order Filing 4552 ENDORSED LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated 11/16/2016 re: I write respectfully to request a one-day extension of time to file our letter on the Government's motion to enforce the judgment. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 11/17/2016) (rjm)
November 17, 2016 Opinion or Order Filing 4551 ORDER granting #4549 LETTER MOTION for Extension of Time re: Briefing Deadlines addressed to Judge Loretta A. Preska from Rebecca S. Tinio dated November 16, 2016. Document filed by United States of America. 1. 2. So ordered. (Signed by Judge Loretta A. Preska on 11/17/2016) (rjm)
November 17, 2016 Set/Reset Deadlines: Responses due by 11/18/2016. Replies due by 11/30/2016. (rjm)
November 17, 2016 Filing 4550 MEMORANDUM OF LAW in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015. . Document filed by Teamsters for a Democratic Union. (Attachments: #1 Exhibit A: IRO to James P. Hoffa)(Harvey, Barbara)
November 16, 2016 Filing 4549 LETTER MOTION for Extension of Time re: Briefing Deadlines addressed to Judge Loretta A. Preska from Rebecca S. Tinio dated November 16, 2016. Document filed by United States of America.(Tinio, Rebecca)
November 15, 2016 Opinion or Order Filing 4548 ORDER terminating #4531 Letter Motion for Conference. Before the Court is a letter motion [dkt. no. 4531] of the International Brotherhood of Teamsters ("IBT") requesting a pre-motion conference prior to moving for a protective order to enjoin the Independent Investigations Officer ("IIO") from pursuing charges against an officer of the Union during the IBT's ongoing election process. The parties have agreed that the Court may proceed with the motion on the basis of the pre-motion conference letters. [Dkt. nos. 4531, 4536, 4538, 4540, and 4541]; as further set forth herein. Accordingly, the IBT's request to suspend the charges against Ken Hall, [dkt. no. 4531], is denied. The Court directs that the IIO-referred charges should proceed in the usual manner through the Union and the Independent Review Officer as prescribed by the Final Order. (Signed by Judge Loretta A. Preska on 11/15/2016) (mro)
November 15, 2016 Opinion or Order Filing 4547 ORDER: The IBT shall respond to the Government's letter dated November 14, 2016, regarding the sealing of the transcript submitted in support of the request for a protective order [dkt. no. 4545.] (Signed by Judge Loretta A. Preska on 11/15/2016) (mro)
November 15, 2016 Filing 4546 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 11/15/2016 re: the government's letter motion dated 11/14/2016 to unseal the July 20 transcript. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1)(Dinh, Viet)
November 14, 2016 Filing 4545 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated November 14, 2016 re: Propriety of sealing July 20, 2016 Transcript. Document filed by United States of America.(La Morte, Tara)
November 14, 2016 Opinion or Order Filing 4544 MEMO ENDORSEMENT on re: #4543 Letter filed by United States of America. ENDORSEMENT: So ordered. ( Responses due by 11/17/2016, Replies due by 11/24/2016.) (Signed by Judge Loretta A. Preska on 11/13/2016) (mro)
November 10, 2016 Filing 4543 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated November 10, 2016 re: Amicus Briefs. Document filed by United States of America.(Tinio, Rebecca)
November 10, 2016 Opinion or Order Filing 4542 ENDORSED LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 11/9/2016 re: The International Brotherhood of Teamsters ("IBT") requests approval to file under seal Exhibit 2 of Docket Entry #4538. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 11/10/2016) (lmb)
November 10, 2016 Filing 4541 LETTER addressed to Judge Loretta A. Preska from Richard W. Mark dated November 10, 2016 re: additional information from the Election Supervisor. Document filed by Richard W. Mark.(Mark, Richard)
November 10, 2016 Filing 4540 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 11/10/2016 re: the Court's jurisdiction. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
November 9, 2016 Filing 4539 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated November 9, 2016 re: Proposing Agreed Briefing Schedule. Document filed by United States of America.(Tinio, Rebecca)
November 9, 2016 Filing 4538 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 11/09/2016 re: reply seeking pre-motion conference. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dinh, Viet)
November 9, 2016 Filing 4537 MEMO ENDORSEMENT on re: #4535 Letter, filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. ENDORSEMENT: Granted. As to a pre-motion conference, counsel may proceed with the actual motion on a prompt scheduled proposed today. (Signed by Judge Loretta A. Preska on 11/9/2016) (mro)
November 8, 2016 Filing 4536 LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Tara M. La Morte dated November 8, 2016 re: #4531 LETTER MOTION for Conference addressed to Judge Loretta A. Preska from Viet D. Dinh dated November 3, 2016. . Document filed by United States of America. (Attachments: #1 Exhibit diGenova Affidavit, #2 Exhibit Exhibit to diGenova Affidavit)(La Morte, Tara)
November 7, 2016 Filing 4535 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated 11/07/2016 re: the Court's ORDER dated 11/07/2016 re: the briefing schedule. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
November 7, 2016 Opinion or Order Filing 4534 ORDER: Having reviewed the letters of counsel regarding a discovery dispute, counsel shall propose, no later than close of business today, a prompt briefing schedule for the motion. In the alternative, counsel may opt to rely on the previously-submitted letters. (Signed by Judge Loretta A. Preska on 11/7/2016) (mro)
November 4, 2016 Filing 4533 AFFIDAVIT of Charles M. Carberry in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26-1, #7 Exhibit 26-2, #8 Exhibit 27, #9 Exhibit 28, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37, #19 Exhibit 38, #20 Exhibit 39, #21 Exhibit 40, #22 Exhibit 41, #23 Exhibit 42, #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 47, #29 Exhibit 48, #30 Exhibit 49, #31 Exhibit 50, #32 Exhibit 51, #33 Exhibit 52, #34 Exhibit 53)(La Morte, Tara)
November 4, 2016 Filing 4532 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Charles S. Carberry in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26-1, #7 Exhibit 26-2, #8 Exhibit 27, #9 Exhibit 28, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37, #19 Exhibit 38, #20 Exhibit 39, #21 Exhibit 40, #22 Exhibit 41, #23 Exhibit 42, #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 47, #29 Exhibit 48, #30 Exhibit 49, #31 Exhibit 50, #32 Exhibit 51, #33 Exhibit 52, #34 Exhibit 53)(La Morte, Tara) Modified on 11/4/2016 (db).
November 4, 2016 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document Nos. [4528-4529] HAVE BEEN REJECTED. THESE ARE DUPLICATED DOCUMENTS. Note to Attorney Tara Marie La Morte : These are Duplicate Documents. Do Not Re-File. (db)
November 4, 2016 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #4532 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Tara Marie La Morte : This is a Duplicate Document. Do Not Re-File. (db)
November 3, 2016 Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 11/3/2016. (mph)
November 3, 2016 Filing 4531 LETTER MOTION for Conference addressed to Judge Loretta A. Preska from Viet D. Dinh dated November 3, 2016. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dinh, Viet)
November 3, 2016 Opinion or Order Filing 4530 ENDORSED LETTER addressed to Judge Loretta A. Preska from George W. Hicks, Jr. dated 11/3/2016 re: Request to remove docket entry #4524. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/3/2016) (cf)
November 3, 2016 Filing 4529 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Charles S. Carberry in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 Exhibit 27)(La Morte, Tara) Modified on 11/4/2016 (db).
November 3, 2016 Filing 4528 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Charles S. Carberry in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26-1, #7 Exhibit 26-2, #8 Exhibit 26-3, #9 Exhibit 28, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37, #19 Exhibit 38, #20 Exhibit 39, #21 Exhibit 40, #22 Exhibit 41, #23 Exhibit 42, #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 47, #29 Exhibit 48, #30 Exhibit 49, #31 Exhibit 50, #32 Exhibit 51, #33 Exhibit 52, #34 Exhibit 53)(La Morte, Tara) Modified on 11/4/2016 (db).
November 3, 2016 Filing 4527 AFFIDAVIT of Charles S. Carberry in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015.. Document filed by United States of America. (Attachments: #1 List of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12-1, #14 Exhibit 12-2, #15 Exhibit 12-3, #16 Exhibit 12-4, #17 Exhibit 12-5, #18 Exhibit 12-6, #19 Exhibit 12-7, #20 Exhibit 12-8, #21 Exhibit 12-9, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15, #25 Exhibit 16-1, #26 Exhibit 16-2, #27 Exhibit 16-3, #28 Exhibit 16-4, #29 Exhibit 16-5, #30 Exhibit 16-6, #31 Exhibit 16-7, #32 Exhibit 16-8, #33 Exhibit 16-9, #34 Exhibit 17, #35 Exhibit 18, #36 Exhibit 19, #37 Exhibit 20)(La Morte, Tara)
November 3, 2016 Filing 4526 MEMORANDUM OF LAW in Support re: #4525 MOTION to Enforce Judgment Final Order of February 17, 2015. . Document filed by United States of America. (La Morte, Tara)
November 3, 2016 Filing 4525 MOTION to Enforce Judgment Final Order of February 17, 2015. Document filed by United States of America.(La Morte, Tara)
November 3, 2016 ***DELETED DOCUMENT. Deleted document number 4524 MOTION to Enforce Judgment Final Order of February 17, 2015, pursuant to docket entry #4530 . (cf)
October 21, 2016 Filing 4523 DECLARATION of Celia A. Zahner in Support re: #4521 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
October 21, 2016 Filing 4522 MEMORANDUM OF LAW in Support re: #4521 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
October 21, 2016 Filing 4521 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
October 20, 2016 Opinion or Order Filing 4520 ORDER denying #4497 Motion. Accordingly, the motion by the Local 710 Defendants to enjoin the Illinois Lawsuit [dkt. no. 4497] is denied. (As further set forth in this Order) (Signed by Judge Loretta A. Preska on 10/20/2016) (kl)
August 29, 2016 Filing 4519 DECLARATION of Celia A. Zahner in Support re: #4517 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
August 29, 2016 Filing 4518 MEMORANDUM OF LAW in Support re: #4517 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
August 29, 2016 Filing 4517 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
August 5, 2016 Filing 4516 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
August 5, 2016 Filing 4515 TRANSCRIPT of Proceedings re: Conference held on 6/29/2016 before Judge Loretta A. Preska. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/7/2016.(Siwik, Christine)
July 29, 2016 Filing 4514 DECLARATION of Daniel K. Healy in Support re: #4512 MOTION Issuance of Subpoena .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
July 29, 2016 Filing 4513 MEMORANDUM OF LAW in Support re: #4512 MOTION Issuance of Subpoena . . Document filed by Charles M. Carberry. (Carberry, Charles)
July 29, 2016 Filing 4512 MOTION Issuance of Subpoena . Document filed by Charles M. Carberry.(Carberry, Charles)
July 12, 2016 Opinion or Order Filing 4511 ORDER FOR ADMISSION PRO HAC VICE granting #4500 Motion for George W. Hicks, Jr. to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 7/11/2016) (lmb)
July 11, 2016 Opinion or Order Filing 4510 ORDER FOR ADMISSION PRO HAC VICE granting #4491 Motion for Marc M. Pekay to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Loretta A. Preska on 6/4/2016) (kl)
July 8, 2016 Filing 4509 REPLY MEMORANDUM OF LAW in Support re: #4493 MOTION for Permanent Injunction Relief Under the Permanent Injunction Entered in This Case., #4497 MOTION Relief under the permanent injunction entered in this case to enjoin Plaintiff Joseph Kouba from seeking relief from defendants in any forum other than the United States District Court for the Southern District of New York re: #4494 Memor . Document filed by Marc M Pekay. (Pekay, Marc)
July 6, 2016 Filing 4508 REPLY MEMORANDUM OF LAW in Support re: #4493 MOTION for Permanent Injunction Relief Under the Permanent Injunction Entered in This Case. . Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner. (Deady, Patrick)
July 5, 2016 Filing 4507 RESPONSE in Opposition to Motion re: #4493 MOTION for Permanent Injunction Relief Under the Permanent Injunction Entered in This Case., #4497 MOTION Relief under the permanent injunction entered in this case to enjoin Plaintiff Joseph Kouba from seeking relief from defendants in any forum other than the United States District Court for the Southern District of New York re: #4494 Memor . Document filed by Joseph Kouba. (Morales-Doyle, Sean)
July 5, 2016 Opinion or Order Filing 4506 ORDER granting #4505 Letter Motion for Leave to File Document. Granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/30/2016) (kl)
June 30, 2016 Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 6/30/2016. (Court Reporter Tom Murray) (mph)
June 30, 2016 Filing 4505 LETTER MOTION for Leave to File Response to Motion (ECF Nos. 4493 & 4497) addressed to Judge Loretta A. Preska from Sean Morales-Doyle dated June 27, 2016. Document filed by Joseph Kouba.(Morales-Doyle, Sean)
June 30, 2016 Opinion or Order Filing 4504 ORDER FOR ADMISSION PRO HAC VICE granting #4496 Motion for Sean Morales-Doyle to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Loretta A. Preska on 6/30/2016) (kl)
June 29, 2016 Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 6/29/2016. (mph)
June 29, 2016 Filing 4503 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated June 29, 2016 re: Responding to the government's request to submit a reply letter. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
June 28, 2016 Filing 4502 LETTER RESPONSE in Support of Motion addressed to Judge Loretta A. Preska from Tara M. La Morte dated June 28, 2016 re: #4499 LETTER MOTION to Compel International Brotherhood of Teamsters to Implement Final Order Re: amendment to Article XIX, Section 14 of Union Constitution addressed to Judge Loretta A. Preska from Tara M. La Morte dated June 24, 2016. Request to Respond & Proposed Response. Document filed by United States of America. (Attachments: #1 Government's Reply Letter)(La Morte, Tara)
June 28, 2016 Filing 4501 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated June 28, 2016 re: Government's Request for Constitutional Amendment. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit, #2 Exhibit)(Dinh, Viet)
June 27, 2016 Filing 4500 MOTION for George W. Hicks, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12468167. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Text of Proposed Order, #2 Certificate of Good Standing)(Hicks, George)
June 27, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4500 MOTION for George W. Hicks, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12468167. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 24, 2016 Filing 4499 LETTER MOTION to Compel International Brotherhood of Teamsters to Implement Final Order Re: amendment to Article XIX, Section 14 of Union Constitution addressed to Judge Loretta A. Preska from Tara M. La Morte dated June 24, 2016. Document filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 1 (continued), #3 Exhibit 2, #4 Exhibit 3)(La Morte, Tara)
June 23, 2016 Filing 4498 LETTER addressed to Judge Loretta A. Preska from Benjamin H. Torrance dated June 23, 2016 re: motion for injunction [ECF no. 4493]. Document filed by United States of America.(Torrance, Benjamin)
June 21, 2016 Filing 4497 MOTION Relief under the permanent injunction entered in this case to enjoin Plaintiff Joseph Kouba from seeking relief from defendants in any forum other than the United States District Court for the Southern District of New York re: #4494 Memorandum of Law in Support of Motion, #4493 MOTION for Permanent Injunction Relief Under the Permanent Injunction Entered in This Case. . Document filed by Marc M Pekay.(Pekay, Marc)
June 17, 2016 Filing 4496 MOTION for Sean Morales-Doyle to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Kouba. (Attachments: #1 Text of Proposed Order, #2 Supplement Certificate of Admission, #3 Supplement Certificate of Service)(Morales-Doyle, Sean)
June 17, 2016 Filing 4495 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION for Sean Morales-Doyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12433192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Kouba. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Letter of Good Standing, #3 Supplement Certificate of Service)(Morales-Doyle, Sean) Modified on 6/17/2016 (bcu).
June 17, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4495 MOTION for Sean Morales-Doyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12433192. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
June 17, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4496 MOTION for Sean Morales-Doyle to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 9, 2016 Filing 4494 MEMORANDUM OF LAW in Support re: #4493 MOTION for Permanent Injunction Relief Under the Permanent Injunction Entered in This Case. . Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner. (Deady, Patrick)
June 9, 2016 Filing 4493 MOTION for Permanent Injunction Relief Under the Permanent Injunction Entered in This Case. Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner. (Attachments: #1 Exhibit Complaint A to Motion for Relief, #2 Exhibit Exhibit 1 to Exhibit A, #3 Exhibit Exhibit 2 to Exhibit A, #4 Exhibit Exhibit 3 to Exhibit A, #5 Exhibit Exhibit 4 to Exhibit A, #6 Exhibit Exhibit 5 to Exhibit A, #7 Exhibit Exhibit 6 to Exhibit A)(Deady, Patrick)
June 7, 2016 Opinion or Order Filing 4492 ORDER terminating #4490 Letter Motion for Conference. Counsel may proceed with the motion without a conference. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/7/2016) (kl)
June 6, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4491 MOTION for Marc M. Pekay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12380008. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
June 4, 2016 Filing 4491 MOTION for Marc M. Pekay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12380008. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marc M Pekay. (Attachments: #1 Text of Proposed Order, #2 Supplement Certificate of admission to the bar, #3 Supplement certificate of service)(Pekay, Marc)
June 3, 2016 Filing 4490 LETTER MOTION for Conference addressed to Judge Loretta A. Preska from Patrick E. Deady dated 06/03/2016. Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner.(Deady, Patrick)
May 31, 2016 Opinion or Order Filing 4489 ORDER FOR ADMISSION PRO HAC VICE granting #4486 Motion for Patrick E. Deady to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Loretta A. Preska on 5/19/2016) (kl)
May 31, 2016 Opinion or Order Filing 4488 ORDER FOR ADMISSION PRO HAC VICE granting #4487 Motion for J. Michael Tecson to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Loretta A. Preska on 5/19/2016) (kl)
May 24, 2016 Filing 4487 MOTION for J. Michael Tecson to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Tecson, J.)
May 24, 2016 Filing 4486 MOTION for Patrick E. Deady to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Deady, Patrick)
May 24, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4487 MOTION for J. Michael Tecson to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff., #4486 MOTION for Patrick E. Deady to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 20, 2016 Filing 4485 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Patrick E. Deady to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12328117. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Larry Alexander, Patrick Flynn, Gerald Pauli, Kevin Wagoner. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Deady, Patrick) Modified on 5/20/2016 (wb).
May 20, 2016 Filing 4484 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for J. Michael Tecson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12327615. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patrick Flynn, Gerald Pauli, Larry Alexander, Kevin Wagoner. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Tecson, J.) Modified on 5/20/2016 (wb).
May 20, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4484 MOTION for J. Michael Tecson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12327615. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
May 20, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4485 MOTION for Patrick E. Deady to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12328117. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
April 29, 2016 Opinion or Order Filing 4483 ORDER: It is hereby ORDERED, ADJUDGED, and DECREED that Cheiron shall produce any and all documents and information responsive to the subpoena issued by this Court on October 6, 2015 in the above-captioned matter within fourteen (14) days from the date of the conference. In complying with this Order, Cheiron may redact confidential proprietary information. Cheiron will provide a log of any documents withheld under any claim of privilege. To the extent that Cheiron contends in good faith that any other documents or information previously produced by Cheiron in this matter contain allegedly privileged or confidential proprietary information, Cheiron shall identify the documents and the confidential proprietary or privileged information it contains by the date upon which Cheiron's production is due pursuant to this Order. The parties will attempt to reach an agreement with regard to the handling of those documents and information. Nothing in this Order precludes the Office from challenging the propriety of any redactions made by Cheiron. (Signed by Judge Loretta A. Preska on 4/28/2016) (kl)
April 27, 2016 Filing 4482 LETTER addressed to Judge Loretta A. Preska from Kevin C. Meacham dated 4-26-2016 re: Proposed Order. Document filed by Charles M. Carberry. (Attachments: #1 Text of Proposed Order)(Meacham, Kevin)
April 27, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Kevin C. Meacham to RE-FILE Document #4481 LETTER MOTION for Discovery Order addressed to Judge Loretta A. Preska from Kevin C. Meacham dated 4-26-2016. Use the event type Letter found under the event list Other Documents. (db)
April 26, 2016 Filing 4481 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Order addressed to Judge Loretta A. Preska from Kevin C. Meacham dated 4-26-2016. Document filed by Charles M. Carberry. (Attachments: #1 Text of Proposed Order)(Meacham, Kevin) Modified on 4/27/2016 (db).
April 21, 2016 Opinion or Order Filing 4480 ORDER FOR ADMISSION PRO HAC VICE OF KEVIN C. MEACHAM granting #4479 Motion for Kevin C. Meacham to Appear Pro Hac Vice. The motion of Kevin C. Meacham for admission to practice Pro Hac Vice in the above-captioned action is granted. (As further set forth in this Order) (Signed by Judge Loretta A. Preska on 4/21/2016) (kl)
April 20, 2016 Filing 4479 MOTION for Kevin C. Meacham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12208496. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Meacham, Kevin)
April 20, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4479 MOTION for Kevin C. Meacham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12208496. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 1, 2016 Filing 4478 DECLARATION of Daniel K. Healy in Support re: #4476 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Carberry, Charles)
April 1, 2016 Filing 4477 MEMORANDUM OF LAW in Support re: #4476 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
April 1, 2016 Filing 4476 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
April 1, 2016 Filing 4475 NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of United States of America. (Tinio, Rebecca)
March 30, 2016 Filing 4474 LETTER addressed to Judge Loretta A. Preska from Charles M. Carberry dated March 30, 2016 re: Request for Pre-Motion Discovery Conference. Document filed by Charles M. Carberry.(Carberry, Charles)
March 18, 2016 Filing 4473 LETTER MOTION for Conference (Pre-Motion Discovery Conference) addressed to Judge Loretta A. Preska from Charles M. Carberry dated March 18, 2016. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carberry, Charles)
March 16, 2016 Filing 4472 DECLARATION of Daniel K. Healy in Support re: #4470 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Carberry, Charles)
March 16, 2016 Filing 4471 MEMORANDUM OF LAW in Support re: #4470 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
March 16, 2016 Filing 4470 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
March 2, 2016 Filing 4469 DECLARATION of Celia A. Zahner in Support re: #4467 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Carberry, Charles)
March 2, 2016 Filing 4468 MEMORANDUM OF LAW in Support re: #4467 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
March 2, 2016 Filing 4467 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
January 14, 2016 Filing 4466 DECLARATION of Daniel K. Healy in Support re: #4464 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carberry, Charles)
January 14, 2016 Filing 4465 MEMORANDUM OF LAW in Support re: #4464 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
January 14, 2016 Filing 4464 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
December 1, 2015 Opinion or Order Filing 4463 APPLICATION 182 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MARK HARRINGTON: We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." SO ORDERED. (Signed by Judge Loretta A. Preska on 11/30/2015) (kko)
December 1, 2015 Opinion or Order Filing 4462 APPLICATION 181 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND JOSEPH GURRIERI. We respectfully request that Your Honor execute the Agreement on the line provided. This. will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 11/30/2015) (rjm)
December 1, 2015 Filing 4461 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 181 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF JOSEPH GURRIERI. This Court hereby acknowledges that Application 181 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed, the original documents concerning Application 181 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, NW, Suite 528, Washington, DC 20001, Administrator of the Independent Review Board. Bradley T. Raymond, Esq., 25 Louisiana Avenue, NW, Washington, DC 20001, IBT General Counsel. (Signed by Judge Loretta A. Preska on 11/30/2015) (rjm). (Main Document 4461 replaced on 12/3/2015) (rjm).
December 1, 2015 Filing 4460 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 182 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF MARK HARRINGTON. This Court hereby acknowledges that Application 182 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed, the original documents concerning Application 182 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, NW, Suite 528, Washington, DC 20001, Administrator of the Independent Review Board. Bradley T. Raymond, Esq., 25 Louisiana Avenue, NW, Washington, DC 20001, IBT General Counsel. (Signed by Judge Loretta A. Preska on 11/30/2015) (rjm) (Main Document 4460 replaced on 12/3/2015) (rjm). Modified on 12/3/2015 (rjm).
November 19, 2015 Opinion or Order Filing 4459 ORDER. For the reasons above, Teamsters Local 710 and John T. Coli's motion for permanent injunction [dkt. no. 4452] is GRANTED and Gerald Pauli is hereby enjoined from litigating any claims relating to money that may or may not be payable to him following General President Hoffa's adoption of the IRB's Report and Recommendation in any jurisdiction other than the United States District Court for the Southern District of New York. Granting #4452 Motion for Permanent Injunction. (Signed by Judge Loretta A. Preska on 11/18/2015) (rjm) (Main Document 4459 replaced on 5/17/2016) (kl). Modified on 5/17/2016 (kl).
November 3, 2015 Opinion or Order Filing 4458 ORDER FOR ADMISSION PRO HAC VICE granting #4455 Motion for Jac A. Cotiguala to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 11/2/2015) (kko)
October 28, 2015 Filing 4457 CERTIFICATE OF SERVICE. Document filed by Gerald Pauli. (Cotiguala, Jac)
October 28, 2015 Filing 4456 MEMORANDUM OF LAW in Opposition re: #4452 MOTION for Permanent Injunction (Corrected 10/22/2015). . Document filed by Gerald Pauli. (Attachments: #1 Exhibit Exhibits 1-2)(Cotiguala, Jac)
October 23, 2015 Filing 4455 MOTION for Jac A. Cotiguala to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11543931. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald Pauli. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Cotiguala, Jac)
October 23, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4455 MOTION for Jac A. Cotiguala to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11543931. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 22, 2015 Filing 4454 CERTIFICATE OF SERVICE. Document filed by Teamsters Local 710 & John T. Coli, Individually. (Goodman, Laurence)
October 22, 2015 Filing 4453 MEMORANDUM OF LAW in Support re: #4452 MOTION for Permanent Injunction (Corrected 10/22/2015). . Document filed by Teamsters Local 710 & John T. Coli, Individually. (Attachments: #1 Exhibit)(Goodman, Laurence)
October 22, 2015 Filing 4452 MOTION for Permanent Injunction (Corrected 10/22/2015). Document filed by Teamsters Local 710 & John T. Coli, Individually. (Attachments: #1 Exhibit)(Goodman, Laurence)
October 19, 2015 Filing 4451 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (See #4454) CERTIFICATE OF SERVICE. Document filed by Teamsters Local 710 & John T. Coli, Individually. (Goodman, Laurence) Modified on 10/22/2015 (kj).
October 19, 2015 Filing 4450 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (See #4453) MEMORANDUM OF LAW in Support re: #4449 MOTION for Permanent Injunction . . Document filed by Teamsters Local 710 & John T. Coli, Individually. (Attachments: #1 Exhibit)(Goodman, Laurence) Modified on 10/22/2015 (kj).
October 19, 2015 Filing 4449 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (See #4452) MOTION for Permanent Injunction . Document filed by Teamster Local 710 & John T. Coli, Individually. (Attachments: #1 Exhibit)(Goodman, Laurence) Modified on 10/22/2015 (kj).
October 19, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Laurence Mark Goodman to RE-FILE Document #4448 MOTION for Permanent Injunction Enjoining Gerald Pauli From Seeking Monies From Defendants Teamsters Local 710 and John T. Coli, Individually In Any Forum Other Than The United States District Court for the Southern District of New York. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
October 16, 2015 Filing 4448 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Permanent Injunction Enjoining Gerald Pauli From Seeking Monies From Defendants Teamsters Local 710 and John T. Coli, Individually In Any Forum Other Than The United States District Court for the Southern District of New York. Document filed by Teamsters Local 710 & John T. Coli, Individually. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Text of Proposed Order, #3 Certificate of Service)(Goodman, Laurence) Modified on 10/19/2015 (db).
September 24, 2015 Filing 4447 DECLARATION of Celia A. Zahner in Support re: #4445 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Carberry, Charles)
September 24, 2015 Filing 4446 MEMORANDUM OF LAW in Support re: #4445 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
September 24, 2015 Filing 4445 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
August 20, 2015 Filing 4444 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated August 20, 2015 re: Appointment of Disciplinary Officers. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
July 21, 2015 Filing 4443 SEALED DOCUMENT placed in vault.(mps)
July 21, 2015 Filing 4442 SEALED DOCUMENT placed in vault.(mps)
July 21, 2015 Filing 4441 SEALED DOCUMENT placed in vault.(mps)
July 21, 2015 Filing 4440 SEALED DOCUMENT placed in vault.(mps)
July 21, 2015 Filing 4439 SEALED DOCUMENT placed in vault.(mps)
July 20, 2015 Filing 4438 LETTER addressed to Judge Loretta A. Preska from Ellen London dated 7/20/2015 re: Technical Amendments to Election Rules. Document filed by United States of America.(London, Ellen)
June 30, 2015 Opinion or Order Filing 4437 ORDER. Having reviewed the parties' submissions [dkt. nos. 4431, 4432, 4433] concerning their disagreement over appointment of an Election Appeals Master, pursuant to paragraphs 3 and 9 of the Election Agreement [dkt. no. 4416], Kathleen Roberts is appointed as Election Appeals Master. (Signed by Judge Loretta A. Preska on 6/24/2015) (rjm)
June 25, 2015 Filing 4436 SEALED DOCUMENT placed in vault.(nm)
June 25, 2015 Filing 4435 SEALED DOCUMENT placed in vault.(nm)
June 23, 2015 Opinion or Order Filing 4434 ORDER: IT IS HEREBY ORDERED that the Proposed 2016 Election Rules, a copy of which is annexed hereto, are approved and shall govern the 2016 Election unless modified in accordance with the February 2015 Order. (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 6/23/2015) (mro) Modified on 6/24/2015 (mro).
June 23, 2015 Filing 4433 LETTER addressed to Judge Loretta A. Preska from Benjamin H. Torrance, Ellen M. London dated June 23, 2015 re: Election Appeals Master. Document filed by United States of America.(Torrance, Benjamin)
June 22, 2015 Filing 4432 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated June 22, 2015 re: Election Appeals Master. Document filed by General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit June 10 Letter)(Dinh, Viet)
June 22, 2015 Filing 4431 LETTER addressed to Judge Loretta A. Preska from Benjamin H. Torrance, Ellen M. London dated June 22, 2015 re: Election Appeals Master. Document filed by United States of America.(Torrance, Benjamin)
June 19, 2015 Opinion or Order Filing 4430 APPLICATION 180 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND SAMUEL ROSAS. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 6/18/2015) (rjm)
June 19, 2015 Filing 4429 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 180 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF SAMUEL ROSAS. This Court hereby acknowledges that Application 180 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed, the original documents concerning Application 180 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, NW, Suite 528, Washington, DC 20001, Administrator of the Independent Review Board. Bradley T. Raymond, Esq., 25 Louisiana Avenue, NW, Washington, DC 20001, IBT General Counsel. (Signed by Judge Loretta A. Preska on 6/18/2015) (rjm)
June 19, 2015 Filing 4428 LETTER addressed to Judge Loretta A. Preska from Ellen London dated 6/19/2015 re: Proposed Election Rules. Document filed by United States of America. (Attachments: #1 Application, #2 Declaration in Support, #3 Exhibit A, #4 Exhibit A-1, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E-1, #9 Exhibit E-2, #10 Exhibit E-3, #11 Exhibit F, #12 Exhibit F-1, #13 Exhibit G, #14 Proposed Order)(London, Ellen)
May 26, 2015 Opinion or Order Filing 4427 APPLICATION 179 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ARMANDO ALONZO. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 5/24/2015) (rjm)
May 26, 2015 Filing 4426 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 179 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF ARMANDO ALONZO. This Court hereby acknowledges that Application 179 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 179 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, NW, Suite 528, Washington, DC 20001, Administrator of the Independent Review Board. Bradley T. Raymond, Esq., 25 Louisiana Avenue, NW, Washington, DC 20001, IBT General Counsel. (Signed by Judge Loretta A. Preska on 5/24/2015) (rjm)
March 26, 2015 Opinion or Order Filing 4425 APPLICATION 178 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND SYDNEY GOLDSTEIN. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 3/25/2015) (rjm)
March 26, 2015 Filing 4424 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 178 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF SYDNEY GOLDSTEIN. This Court hereby acknowledges that Application 178 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 178 of the IRE with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, NW, Suite 528, Washington, DC 20001, Administrator of the, Independent Review Board. Bradley T. Raymond, Esq., 25 Louisiana Avenue, NW, Washington, DC 20001, IBT General Counsel. (Signed by Judge Loretta A. Preska on 3/15/2015) (rjm)
March 17, 2015 Opinion or Order Filing 4423 APPLICATION 177 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MICHAEL SWEENEY. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 3/16/2015) (rjm) (Main Document 4423 replaced on 3/19/2015) (rjm).
March 17, 2015 Filing 4422 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 177 OF THE INDEPENDENT REVIEW BOARD. This Court hereby acknowledges that Application 177 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Michael Sweeney Application 177 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, NW, Suite 528, Washington, DC 20001, Administrator of the Independent Review Board. Bradley T. Raymond, Esq., 25 Louisiana Avenue, NW, Washington, DC 20001, IBT General Counsel. (Signed by Judge Loretta A. Preska on 3/16/2015) (rjm)
March 17, 2015 Filing 4421 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/11/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 17, 2015 Filing 4420 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/11/2015 before Judge Loretta A. Preska. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015.(McGuirk, Kelly)
March 4, 2015 Opinion or Order Filing 4419 ORDER. For all of the reasons in this Order, Radice's objection must fail. It is hereby ORDERED that the IRB Opinion and Decision of June 18, 2014, is AFFIRMED in all respects. Application 170 is therefore GRANTED. (Signed by Judge Loretta A. Preska on 3/4/2015) (rjm)
March 1, 2015 Filing 4418 NOTICE OF APPEARANCE by Ellen Melissa London on behalf of United States of America. (London, Ellen)
February 26, 2015 Filing 4417 NOTICE OF APPEARANCE by Benjamin Henry Torrance on behalf of United States of America. (Torrance, Benjamin)
February 26, 2015 Opinion or Order Filing 4416 STIPULATED AGREEMENT AND ORDER. IT IS HEREBY AGREED, by and between the parties as follows: Subject to the provisions of the Final Order, the 2016 IBT Election will be conducted in accordance with this Agreement. Nothing in this Agreement precludes or limits the Secretary of Labor's exercise of authority under the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. 401 et seq., or any other federal laws, and as further specified and set forth herein. In the event the parties are unable to reach joint agreement as prescribed in paragraphs 3, 4, and 5 of this Agreement, they shall submit all disputes to the Court for resolution. Except as expressly provided for in Paragraph 1, nothing in this Agreement shall limit the rights of the Government or the IBT under the Final Order or the Court's authority or jurisdiction under the Final Order or the All Writs Act, 28 U.S.C. 1651. (Signed by Judge Loretta A. Preska on 2/20/2015) (rjm)
February 18, 2015 Filing 4415 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated February 18, 2015 re: Proposed Election Agreement and Order. Document filed by United States of America. (Attachments: #1 proposed Election Agreement and Order)(La Morte, Tara)
February 17, 2015 Opinion or Order Filing 4414 ORDER granting #4409 Motion to Approve. Upon consideration of all the relevant materials before the Court, it is hereby ORDERED that the motion [dkt. no. 4409] is GRANTED and the above-captioned civil action is DISMISSED WITH PREJUDICE. The terms of the Final Agreement [dkt. no. 4409-1] are incorporated into this order, and this Court shall retain jurisdiction to enforce those terms. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/17/2015) (ajs)
February 13, 2015 Transmission of USCA Mandate/Order to the District Judge re: #4413 USCA Mandate. (tp)
February 10, 2015 Filing 4413 MANDATE of USCA (Certified Copy) as to #4336 Notice of Appeal filed by Abraham Moreno, Gary Guillory, #4337 Notice of Appeal filed by Paul Kenny USCA Case Number 14-0304(L); 14-0407(CON). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the cause be AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/10/2015. (tp)
February 5, 2015 Filing 4412 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated February 5, 2015 re: Comments on Parties' Joint Application for Approval of proposed Final Agreement and Order. Document filed by United States of America. (Attachments: #1 Comment #1, #2 Comment #2)(La Morte, Tara)
January 14, 2015 Opinion or Order Filing 4411 ORDER REGARDING COMMENTS AND HEARING ON JOINT MOTION FOR APPROVAL OF THE FINAL AGREEMENT AND ORDER AND STIPULATION FOR DISMISSAL. The Court will hold a hearing on February 11, 2015, at l1:00 a.m. in Courtroom 12A of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007-1312, on the Joint Motion for Approval, and as further specified and set forth herein. (Oral Argument set for 2/11/2015 at 11:00 AM in Courtroom 12A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/14/2015) (rjm)
January 14, 2015 Filing 4410 JOINT MEMORANDUM OF LAW in Support re: #4409 JOINT MOTION to Approve Final Agreement and Order . . Document filed by United States of America. (La Morte, Tara)
January 14, 2015 Filing 4409 JOINT MOTION to Approve Final Agreement and Order . Document filed by United States of America. (Attachments: #1 Exhibit Final Agreement and Order, #2 Exhibit Proposed Order)(La Morte, Tara)
January 14, 2015 Filing 4408 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MEMORANDUM OF LAW in Support re: #4407 JOINT MOTION to Approve Final Agreement and Order . . Document filed by United States of America. (La Morte, Tara) Modified on 1/14/2015 (ka).
January 14, 2015 Filing 4407 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION to Approve Final Agreement and Order . Document filed by United States of America. (Attachments: #1 Exhibit Final Agreement and Order)(La Morte, Tara) Modified on 1/14/2015 (ka).
January 7, 2015 Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 1/7/2015. (mph)
January 5, 2015 Filing 4406 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 176 OF THE INDEPENDENT REVIEW BOARD. This Court hereby acknowledges that Application 176 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 176 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the parties as further specified herein. (Signed by Judge Loretta A. Preska on 12/23/2014) (rjm)
January 5, 2015 Opinion or Order Filing 4405 APPLICATION 176 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ROBERT ROBERGE. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 12/23/2014) (rjm) (Main Document 4405 replaced on 1/6/2015) (rjm).
November 21, 2014 Filing 4404 DECLARATION of Celia A. Zahner in Support re: #4402 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Carberry, Charles)
November 21, 2014 Filing 4403 MEMORANDUM OF LAW in Support re: #4402 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
November 21, 2014 Filing 4402 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
October 17, 2014 Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 10/17/2014. (mph)
October 9, 2014 Filing 4401 DECLARATION of Charles M. Carberry in Support re: #4399 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Carberry, Charles)
October 9, 2014 Filing 4400 MEMORANDUM OF LAW in Support re: #4399 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
October 9, 2014 Filing 4399 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carberry, Charles)
October 8, 2014 Opinion or Order Filing 4398 APPLICATION 175 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND CHARLES DECOLA. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 10/8/2014) (rjm)
October 8, 2014 Opinion or Order Filing 4397 APPLICATION 174 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ANTHONY LAMY. We respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 10/8/2014) (rjm)
October 8, 2014 Filing 4396 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 174 OF THE INDEPENDENT REVIEW BOARD. This Court hereby acknowledges that Application 174 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Anthony Lamy Application 174 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 Administrator of the Independent Review Board. Bradley T. Raymond, Esq. 25 Louisiana Avenue, NW Washington, DC 20001 IBT General Counsel. (Signed by Judge Loretta A. Preska on 10/6/2014) (rjm)
October 8, 2014 Filing 4395 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 175 OF THE INDEPENDENT REVIEW BOARD. This Court hereby acknowledges that Application 175 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Charles DeCola Application 175 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 Administrator of the Independent Review Board. Bradley T. Raymond, Esq. 25 Louisiana Avenue, NW Washington, DC 20001 IBT General Counsel. (Signed by Judge Loretta A. Preska on 10/6/2014) (rjm)
October 3, 2014 Filing 4394 DECLARATION of Daniel K. Healy in Support re: #4392 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Carberry, Charles)
October 3, 2014 Filing 4393 MEMORANDUM OF LAW in Support re: #4392 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
October 3, 2014 Filing 4392 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
September 26, 2014 Filing 4391 DECLARATION of Celia A. Zahner in Support re: #4389 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Carberry, Charles)
September 26, 2014 Filing 4390 MEMORANDUM OF LAW in Support re: #4389 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
September 26, 2014 Filing 4389 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Carberry, Charles)
September 24, 2014 Filing 4388 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 173 OF THE INDEPENDENT REVIEW BOARD REGARDING PATRICK FLYNN. This Court hereby acknowledges that Application 173 of the Independent Review Board ("IRE") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 173 of the IRE with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 Administrator of the Independent Review Board. Marvin Gittler, Esq. Asher, Gittler, Greenfield & D'Alba 200 West Jackson Blvd., Suite 1900 Chicago, Illinios 60606. Patrick J. Calihan, Esq. 55 West Jackson Blvd, Suite 1534 Chicago, Illinois 60604. (Signed by Judge Loretta A. Preska on 9/23/2014) (rjm)
September 18, 2014 Filing 4387 LETTER addressed to Judge Loretta A. Preska from Barbara M. Harvey dated September 18, 2014 re: IBT Request for Pre-Motion Conference Mediation. Document filed by Teamsters for a Democratic Union. (Attachments: #1 Appendix 2a, #2 Appendix 2b, #3 Appendix 2c, #4 Appendix 2d, #5 Appendix 2e, #6 Appendix 2f, #7 Appendix 2g)(Harvey, Barbara)
September 17, 2014 Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 9/17/2014. (mph)
September 16, 2014 Filing 4386 LETTER addressed to Judge Loretta A. Preska from Barbara M. Harvey dated September 16, 2014 re: IBT Request for Pre-Motion Conference Mediation. Document filed by Teamsters for a Democratic Union. (Attachments: #1 Appendix Stier Report on Project RISE-excerpts)(Harvey, Barbara)
September 2, 2014 Opinion or Order Filing 4385 ENDORSED LETTER addressed to Judge Loretta A. Preska from John J. Cronin, Jr. dated 8/29/2014 re: The IRB has been informed, by the Local 1150 Secretary Treasurer, that Harvey Jackson has died. Therefore, the IRB respectfully requests that Application 172 be withdrawn. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/02/2014) (ama)
August 29, 2014 Filing 4384 DECLARATION of Daniel K. Healy in Support re: #4382 MOTION Issuance of Subpoenas .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Carberry, Charles)
August 29, 2014 Filing 4383 MEMORANDUM OF LAW in Support re: #4382 MOTION Issuance of Subpoenas . . Document filed by Charles M. Carberry. (Carberry, Charles)
August 29, 2014 Filing 4382 MOTION Issuance of Subpoenas . Document filed by Charles M. Carberry.(Carberry, Charles)
August 19, 2014 Opinion or Order Filing 4381 APPLICATION 171 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND TIMOTHY G. RYAN: Pursuant to Paragraph O. of the Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters ("IRB Rules"), the Independent Review Board ("IRE") files this Application submitting the Agreement with Timothy G. Ryan ("Ryan"), a member of Local 682 in Saint Louis, Missouri. The Agreement has been approved by the IRB and is submitted to Your Honor for review and, if appropriate, to be entered as an order, as set forth within. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/19/2014) (ajs)
August 19, 2014 Filing 4380 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 171 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER TIMOTHY G. RYAN: This Court hereby acknowledges that Application 171 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 171 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. 444 North Capitol Street, NW, Suite 528 washington, DC 20001 Administrator of the Independent Review Board Michael A. Evans, Esq. 4399 Laclede Avenue Saint Louis, MO 63108 Counsel for the Respondent. (Signed by Judge Loretta A. Preska on 8/16/2014) (ajs)
August 1, 2014 Filing 4379 DECLARATION of Celia A. Zahner in Support re: #4377 MOTION Issuance of Subpoena .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, Part 1, #4 Exhibit 3, Part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, Part 1, #8 Exhibit 6, Part 2, #9 Exhibit 6, Part 3, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31)(Carberry, Charles)
August 1, 2014 Filing 4378 MEMORANDUM OF LAW in Support re: #4377 MOTION Issuance of Subpoena . . Document filed by Charles M. Carberry. (Carberry, Charles)
August 1, 2014 Filing 4377 MOTION Issuance of Subpoena . Document filed by Charles M. Carberry.(Carberry, Charles)
July 21, 2014 Filing 4376 MOTION for Gary S. Witlen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9908030. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Exhibit Certificate of good standing, #2 Text of Proposed Order)(Witlen, Gary)
July 21, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4376 MOTION for Gary S. Witlen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9908030. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 18, 2014 Filing 4375 LETTER addressed to Judge Loretta A. Preska from Jonathan Bardavid dated July 18, 2014 re: IRB Application 170. Document filed by Frank Radice.(Bardavid, Jonathan)
July 16, 2014 Minute Entry for proceedings held before Judge Loretta A. Preska: Pre-Motion Conference held on 7/16/2014. (mph)
July 14, 2014 Filing 4374 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated July 7, 2014 re: Pre-motion conference. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
July 11, 2014 Filing 4373 LETTER addressed to Judge Loretta A. Preska from Charles M. Carberry dated July 11, 2014 re: Response to Objection to Application 170. Document filed by Charles M. Carberry.(Carberry, Charles)
July 3, 2014 Filing 4372 Objection in part to IRB Application 170. Document filed by Frank Radice. (Bardavid, Jonathan)
July 3, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonathan Michael Bardavid to RE-FILE Document #4368 MOTION to Strike Document No. [IRB Application 170] Objection, in part, to Application 170 of the IRB. Use the event type Objection (non-motion) found under the event list Other Answers. (db)
July 2, 2014 Filing 4371 DECLARATION of Celia A. Zahner in Support re: #4369 MOTION Issuance of Subpoena .. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Carberry, Charles)
July 2, 2014 Filing 4370 MEMORANDUM OF LAW in Support re: #4369 MOTION Issuance of Subpoena . . Document filed by Charles M. Carberry. (Carberry, Charles)
July 2, 2014 Filing 4369 MOTION Issuance of Subpoena . Document filed by Charles M. Carberry.(Carberry, Charles)
July 2, 2014 Filing 4368 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. [IRB Application 170] Objection, in part, to Application 170 of the IRB. Document filed by Frank Radice.(Bardavid, Jonathan) Modified on 7/3/2014 (db).
July 2, 2014 Filing 4367 NOTICE OF APPEARANCE by Jonathan Michael Bardavid on behalf of Frank Radice. (Bardavid, Jonathan)
June 23, 2014 Opinion or Order Filing 4366 ENDORSED LETTER addressed to Judge Loretta A. Preska from Bradley T. Raymond, Viet D. Dinh dated 6/20/2014 re: Pre-motion conference. ENDORSEMENT: SO ORDERED. (Pre-Motion Conference set for 7/16/2014 at 03:30 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 6/20/2014) (ajs)
June 19, 2014 Filing 4365 DECLARATION of Daniel K. Healy in Support re: #4363 MOTION Issuance of Subpoena.. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Carberry, Charles)
June 19, 2014 Filing 4364 MEMORANDUM OF LAW in Support re: #4363 MOTION Issuance of Subpoena. . Document filed by Charles M. Carberry. (Carberry, Charles)
June 19, 2014 Filing 4363 MOTION Issuance of Subpoena. Document filed by Charles M. Carberry.(Carberry, Charles)
June 19, 2014 Opinion or Order Filing 4362 ORDER FOR ADMISSION PRO HAC VICE granting #4360 Motion for Candice Chiu to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 6/19/2014) (ajs)
June 19, 2014 Opinion or Order Filing 4361 ORDER: Based on the submissions concerning the IBT's proposed Rule 60(b)(5) motion [dkt. nos. 4355, 4357, 4558, 4359], the Court will hold a pre-motion conference on this matter. Chambers will contact the parties to schedule this conference. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/19/2014) (ajs)
June 12, 2014 Filing 4360 MOTION for Candice Chiu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9772918. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Text of Proposed Order, #2 Certificates of Good Standing)(Chiu, Candice)
June 12, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4360 MOTION for Candice Chiu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9772918. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
June 10, 2014 Filing 4359 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated June 10, 2014 re: Reply letter regrading pre-motion conference and intent to file motion to vacate. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
June 9, 2014 Filing 4358 RESPONSE re: #4355 Letter, Requesting Pre-Motion Conference. Document filed by United States of America. (La Morte, Tara)
June 9, 2014 Filing 4357 LETTER addressed to Judge Loretta A. Preska from Barbara M. Harvey dated June 9, 2014 re: iBT Request for Pre-Motion Conference. Document filed by Teamsters for a Democratic Union.(Harvey, Barbara)
June 5, 2014 Opinion or Order Filing 4356 ORDER: IT IS ORDERED that Bancroft PLLC be substituted for Meyer, Suozzi, English & Klein; James & Hoffman PC; and Willig, Williams & Davidson as attorneys of record of Defendant International Brotherhood of Teamsters in the above-captioned matter. IT IS FURTHER ORDERED that the appearance of Bancroft PLLC as counsel in this case shall be entered on the Court's docket. A notation of Viet D. Dinh and Paul D. Clement of Bancroft PLLC, located at 1919 M Street NW, Suite 470, Washington, DC 20036, will be made on the roll of attorneys for the above-captioned case. IT IS FURTHER ORDERED that a copy of this Order shall be served upon all counsel of record in this case., Attorney Martha Walfoort; Nancy B. G. Lassen and J Bruce Maffeo terminated. (Signed by Judge Loretta A. Preska on 6/5/2014) (lmb)
June 4, 2014 Filing 4355 LETTER addressed to Judge Loretta A. Preska from Viet D. Dinh dated June 4, 2014 re: pre-motion conference & intent to file motion to vacate 1989 Consent Decree. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Dinh, Viet)
June 3, 2014 Opinion or Order Filing 4354 ORDER FOR ADMISSION PRO HAC VICE granting #4351 Motion for Viet D. Dinh to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 6/3/2014) (ajs)
June 3, 2014 Opinion or Order Filing 4353 ORDER FOR ADMISSION PRO HAC VICE: The motion of Paul Clement, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Loretta A. Preska on 6/3/2014) (ajs)
June 2, 2014 Filing 4352 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul Clement to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. (Attachments: #1 Text of Proposed Order, #2 Certificates of Good Standing)(Clement, Paul) Modified on 6/2/2014 (sdi).
June 2, 2014 Filing 4351 MOTION for Viet D. Dinh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9735056. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Text of Proposed Order, #2 Certificate of Good Standing)(Dinh, Viet)
June 2, 2014 Filing 4350 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul D. Clement to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9734963. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Text of Proposed Order, #2 Certificates of Good Standing)(Clement, Paul) Modified on 6/2/2014 (sdi).
June 2, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4350 MOTION for Paul D. Clement to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9734963. Motion and supporting papers to be reviewed by Clerk's Office staff.. The Certificate of Good Standing from the Supreme Court of Virginia has an incorrect name. (sdi)
June 2, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4352 MOTION for Paul Clement to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The Certificate of Good Standing From the Supreme Court of Virginia has an incorrect middle name. (sdi)
June 2, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4351 MOTION for Viet D. Dinh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9735056. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 3, 2014 Opinion or Order Filing 4349 ORDER: IRB APPLICATION 128: The Court construes the attached letter from Francis J. Gillen ("Gillen"), proceeding pro se, as a motion for reconsideration of the Court's order dated December 5, 2013 [dkt. no. 4328], United States v. IBT, No. 88 Civ. 4486(LAP), 2013 WL 6334394 (S.D.N.Y. Dec. 5, 2013). Because Gillen's arguments only rehash those that the Court rejected in its previous order, the motion is DENIED. A copy of this order has been mailed to Gillen. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/03/2014) Copies Mailed By Chambers. (ama)
March 31, 2014 Filing 4348 DECLARATION of Celia A. Zahner in Support re: #4346 MOTION Issuance of Subpoena.. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Carberry, Charles)
March 31, 2014 Filing 4347 MEMORANDUM OF LAW in Support re: #4346 MOTION Issuance of Subpoena.. Document filed by Charles M. Carberry. (Carberry, Charles)
March 31, 2014 Filing 4346 MOTION Issuance of Subpoena. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit A)(Carberry, Charles)
March 31, 2014 Opinion or Order Filing 4345 ORDER: Based upon a review of the record pursuant to the well established standards governing this Court's review of disciplinary decisions of the Independent Review Board and having received no submissions from the subject members, Application 164 is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/29/2014) (kgo)
March 24, 2014 Filing 4344 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 164 OF THE INDEPENDENT REVIEW BOARD: This Court hereby acknowledges that Application 164 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 164 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following. (Signed by Judge Loretta A. Preska on 3/20/2014) (ama)
March 17, 2014 Opinion or Order Filing 4343 APPLICATION 169 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ARTHUR CANTU: Therefore, we respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, itis respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by Judge Loretta A. Preska on 3/15/2014) (ama)
March 17, 2014 Filing 4342 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ARTHUR CANTU: This Court hereby acknowledges that the Agreement enclosed with Application 169 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 169 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 3/15/2014) (ama)
March 17, 2014 Opinion or Order Filing 4341 APPLICATION 168 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MICHAEL WITEK: Therefore, we respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered". (Signed by Judge Loretta A. Preska on 3/15/2014) (ama) Modified on 3/20/2014 (ama).
March 17, 2014 Filing 4340 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MICHAEL WITEK: This Court hereby acknowledges that the Agreement enclosed with Application 168 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 168 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 3/15/2014) (ama)
March 14, 2014 Filing 4339 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MARILYN RAWLINS: This Court hereby acknowledges that the Agreement enclosed with Application 167 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 167 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 3/14/2014) (ama)
March 14, 2014 Opinion or Order Filing 4338 AFFIDAVIT AND AGREEMENT: I understand and agree that this Agreement will be submitted to the Independent Review Board ("IRB") for its review and approval. If approved by the IRB, it will be submitted to the United States District Court for the Southern District of New York for review. I will transmit this Agreement, signed by me, to the IBT. When it is signed by the IBT and the IRB, it will be submit to the Court for review. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/14/2014) (ama)
February 10, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #4337 Notice of Appeal filed by Paul Kenny were transmitted to the U.S. Court of Appeals. (tp)
February 10, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #4337 Notice of Appeal. (tp)
February 6, 2014 Filing 4337 NOTICE OF APPEAL from #4331 Order. Document filed by Paul Kenny. Filing fee $ 505.00, receipt number 465401087385. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
January 30, 2014 Filing 4336 NOTICE OF APPEAL from #4331 Order. Document filed by Gary Guillory, Abraham Moreno. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Roland, Catherine)
January 30, 2014 Filing 4335 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #4331 Order. Form 7 and Form 22 are due within 14 days. Document filed by Gary Guillory, Abraham Moreno. Filing fee $ 505.00, receipt number 0208-9310027. (Roland, Catherine) Modified on 1/30/2014 (nd).
January 30, 2014 Appeal Fee Paid electronically via Pay.gov: for #4336 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-9310027, paid on 1/30/2014. (nd)
January 30, 2014 ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Catherine Roland to RE-FILE Document No. #4335 Notice of Appeal to the Federal Circuit,. The filing is deficient for the following reason: the Wrong Event Type was selected. Re-file the document and select the appropriate Appeal event Notice of Appeal. (nd)
January 30, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #4336 Notice of Appeal. (nd)
January 30, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files ONLY for #4336 Notice of Appeal filed by Abraham Moreno, Gary Guillory were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON-ECF DOCUMENTS, ONCE THE CASE IS OPENED IN THE SECOND CIRCUIT) (nd)
January 9, 2014 Filing 4334 DECLARATION of Celia A. Zahner in Support re: #4332 MOTION Issuance of Subpoena.. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Carberry, Charles)
January 9, 2014 Filing 4333 MEMORANDUM OF LAW in Support re: #4332 MOTION Issuance of Subpoena.. Document filed by Charles M. Carberry. (Carberry, Charles)
January 9, 2014 Filing 4332 MOTION Issuance of Subpoena. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit A)(Carberry, Charles)
January 7, 2014 Opinion or Order Filing 4331 ORDER: For the reasons set forth above, the IRB's determination that the IBT's decision was not inadequate is affirmed in all respects. Accordingly, Application 162 is GRANTED. (Signed by Judge Loretta A. Preska on 1/7/2014) (tn)
December 9, 2013 Filing 4330 MEMO ENDORSEMENT on AFFIDAVIT OF SERVICE and ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 166 OF THE INDEPENDENT REVIEW BOARD. (Signed by Judge Loretta A. Preska on 12/9/2013) (rjm)
December 9, 2013 Opinion or Order Filing 4329 MEMO ENDORSEMENT on APPLICATION 166 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND SEAN O'BRIEN. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 12/9/2013) (rjm)
December 5, 2013 Opinion or Order Filing 4328 ORDER: IRB APPLICATION 128. For the foregoing reasons, Gillen's motion for reconsideration is DENIED. A copy of this order has been mailed to Gillen. (Signed by Judge Loretta A. Preska on 12/5/2013) (djc)
September 24, 2013 Opinion or Order Filing 4327 MEMO ENDORSEMENT on APPLICATION 165 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND JERRY CONNER. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/24/2013) (djc)
September 16, 2013 Filing 4326 LETTER addressed to Judge Loretta A. Preska from Tara M. La Morte dated September 16, 2013 re: Application 128 Motion for Reconsideration. Document filed by United States of America.(La Morte, Tara)
September 9, 2013 Opinion or Order Filing 4325 MEMO ENDORSEMENT on APPLICATION 155 OF THE INDEPENDENT REVIEW BOARD OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF LEIF THORNTON, CHERYL MILISI, FRANCIS DIZOGLIO,JOHN LOGAN AND NICHOLAS MURPHY: ENDORSEMENT: After consideration of Mr. Murphy's letter received May 22, 2013, the IRB's letter dated May 31, 2013, the government's letter dated June 28, 2013, and all of the materials in the record. It is hereby ordered that the IRB's January 25, 2012 Opinion and Decision is affirmed in all respects Application 155 is Granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/06/2013) (ama) Modified on 9/11/2013 (ama). Modified on 9/11/2013 (ama).
September 6, 2013 Filing 4324 RESPONSE re: 4322 Order, Set Deadlines, Letter in Opposition to Motion for Reconsideration. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Raymond, Bradley)
August 29, 2013 Filing 4323 RESPONSE re: #4322 Order, Set Deadlines,, Letter in Opposition to Motion for Reconsideration. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Carberry, Charles)
August 26, 2013 CASHIERS OFFICE REMARK on #4284 Order on Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/04/2013, Receipt Number 465401064143. (jd)
August 5, 2013 Opinion or Order Filing 4322 Application 128 ORDER: Construing the attached letter as a motion for reconsideration based on newly discovered evidence, any opposition to the motion shall be filed no later than September 16, 2013. Reply may be filed by September 30, 2013. SO ORDERED. (Responses due by 9/16/2013, Replies due by 9/30/2013.) (Signed by Judge Loretta A. Preska on 8/3/2013) (rsh)
August 1, 2013 Filing 4321 DECLARATION of Celia A. Zahner in Support re: #4319 MOTION Issuance of Subpoenas.. Document filed by Charles M. Carberry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 Part 1, #8 Exhibit 7 Part 2, #9 Exhibit 7 Part 3, #10 Exhibit 7 Part 4, #11 Exhibit 7 Part 5, #12 Exhibit 7 Part 6, #13 Exhibit 8, #14 Exhibit 9 Part 1, #15 Exhibit 9 Part 2, #16 Exhibit 9 Part 3, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30)(Carberry, Charles)
August 1, 2013 Filing 4320 MEMORANDUM OF LAW in Support re: #4319 MOTION Issuance of Subpoenas.. Document filed by Charles M. Carberry. (Carberry, Charles)
August 1, 2013 Filing 4319 MOTION Issuance of Subpoenas. Document filed by Charles M. Carberry.(Carberry, Charles)
July 25, 2013 Opinion or Order Filing 4318 ORDER: It is hereby ordered that the Clerk of Court shall designate the above-referenced matter as an ECF case. Counsel to the parties, if they have not already done so, shall become registered users in the court's CM/ECF system. (Signed by Judge Loretta A. Preska on 7/24/2013) (djc)
July 25, 2013 Case Designated ECF. (djc)
July 24, 2013 Opinion or Order Filing 4317 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR DOUGLAS N. SILVERSTEIN, ESQ.: granting #4316 Motion for Douglas N. Silverstein, Esq. to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 7/24/2013) (djc)
July 23, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4316 MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 22, 2013 Filing 4316 MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Guillory, Abraham Moreno.(wb) (wb).
July 22, 2013 Pro Hac Vice Fee Paid electronically via Pay.gov: for #4316 MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. (wb)
July 11, 2013 Filing 4315 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for DOUGLAS N. SILVERSTEIN, ESQ. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Guillory, Abraham Moreno. (Attachments: #1 Proposed Order)(Silverstein, Douglas) Modified on 7/11/2013 (wb).
July 11, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4315 MOTION for DOUGLAS N. SILVERSTEIN, ESQ. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. This is a NON-ECF case all PRO HAC VICE motions are to be filed by paper with the Clerks office. (wb)
July 10, 2013 Filing 4314 MANDATE of USCA (Certified Copy) as to #4302 Notice of Appeal filed by Thomas Flaherty USCA Case Number 13-1631-con. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2013. (nd)
July 10, 2013 Filing 4313 MANDATE of USCA (Certified Copy) as to #4301 Notice of Appeal filed by James Deamicis USCA Case Number 13-1622. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2013. (nd) Modified on 7/10/2013 (nd).
June 25, 2013 Filing 4312 Objection TO U.S. ATTORNEYS BRIEF IN REGARDS TO APPLICATION 162 OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF PAUL KENNY, ABRAHAM MORENO, AND GARY GUILLORY. Document filed by Gary Guillory, Abraham Moreno. (Roland, Catherine)
June 24, 2013 Filing 4311 Objection to U.S. Attorney's Brief- Application 162. Document filed by Paul Kenny. (Attachments: #1 Affidavit Proof of Service)(Chaikin, Adam)
June 24, 2013 Opinion or Order Filing 4310 MEMO ENDORSEMENT on APPLICATION 163 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ALEXIS RODRIGUEZ NORMANDIA. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/21/2013) (ja)
June 24, 2013 ***DELETED DOCUMENT. Deleted document number #4310 Application 163 of the Independent Review Board. The document was incorrectly filed in this case. (ja)
June 10, 2013 Opinion or Order Filing 4309 ENDORSED LETTER addressed to Judge Loretta A. Preska from Jaime Leeser Nawaday dated 6/10/2013 re: Due to an unusually active docket in recent weeks, however, the Government respectfully requests and additional week, until June 21, 2013, to submit its response to all submissions concerning Application 162. ENDORSEMENT: So ordered., ( Responses due by 6/21/2013.) (Signed by Judge Loretta A. Preska on 6/10/2013) (lmb)
May 16, 2013 Opinion or Order Filing 4308 ENDORSED LETTER addressed to Judge Loretta A. Preska from Jaimie Leeser Nawaday dated 5/10/2013 re: We respectfully request leave until June 14, 2013, to respond to all submissions concerning Application 162. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 5/16/2013) (djc)
May 13, 2013 Filing 4307 REPLY MEMORANDUM OF LAW in Opposition TO THE CHIEF INVESTIGATORS MEMORANDUM OF LAW IN SUPPORT OF THE INDEPENDENT REVIEW BOARDS APPLICATION 162. Document filed by Gary Guillory, Abraham Moreno. (Roland, Catherine)
May 2, 2013 Filing 4306 MEMORANDUM OF LAW in Support re: 4305 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING LEGACY PROFESSIONALS, LLP TO PRODUCE SPECIFIED RECORDS AND DIRECTING JAMES GIEMZIK, CPA TO APPEAR FOR A SWORN EXAMINATION. Document filed by Charles M. Carberry. (rjm)
May 2, 2013 Filing 4305 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING LEGACY PROFESSIONALS, LLP TO PRODUCE SPECIFIED RECORDS AND DIRECTING JAMES GIEMZIK, CPA TO APPEAR FOR A SWORN EXAMINATION. Document filed by Charles M. Carberry. (rjm)
May 2, 2013 Opinion or Order Filing 4304 ENDORSED LETTER addressed to Judge Loretta A. Preska from Catherine J. Ronald dated 4/29/2013 re: Counsel request the Court grant counsel leave until 5/13/2013 to respond both pleadings herein. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 5/1/2013) (tro)
May 1, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4303 MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa)
April 30, 2013 Filing 4303 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Guillory, Abraham Moreno. (Attachments: #1 Text of Proposed Order Proposed Order)(Silverstein, Douglas) Modified on 5/1/2013 (bwa).
April 25, 2013 Filing 4302 NOTICE OF APPEAL from #4274 Order. Document filed by Thomas Flaherty. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (nd)
April 25, 2013 Filing 4301 NOTICE OF APPEAL from #4274 Order. Document filed by James Deamicis. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (nd)
April 25, 2013 Filing 4300 MEMORANDUM OF LAW in Support of the Independent Review Board's Application 162-in the Matter of Paul Kenny, Abraham Moreno and Gary Guillory. Document filed by Charles M. Carberry. (Carberry, Charles)
April 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #4302 Notice of Appeal. (nd)
April 25, 2013 Appeal Fee Due: for #4301 Notice of Appeal.$455.00 Appeal fee due by 5/9/2013. (nd)
April 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #4301 Notice of Appeal. (nd)
April 25, 2013 Appeal Fee Due: for #4302 Notice of Appeal. $455.00 Appeal fee due by 5/9/2013. (nd)
April 18, 2013 Filing 4299 Objection Evidentiary: Regarding Paul Kenny-Application 162 of the IBT Matter. Document filed by Paul Kenny. (Chaikin, Adam)
April 17, 2013 Filing 4298 CERTIFICATE OF SERVICE of IBT Application for Approval of Modified Procedures for Publishing Decisions by the Court to the Teamster Membership served on Charles M. Carberry on 4/16/13. Service was made by MAIL. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Raymond, Bradley)
April 17, 2013 Filing 4297 DECLARATION of Bret Caldwell in Support re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership.. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Raymond, Bradley)
April 17, 2013 Filing 4296 MEMORANDUM OF LAW in Support re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership.. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Raymond, Bradley)
April 17, 2013 Filing 4295 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Certificate of Service re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership.. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Raymond, Bradley) Modified on 4/17/2013 (db).
April 17, 2013 Filing 4294 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership., #4293 MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the Internation MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the Internation MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the Internation. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Raymond, Bradley) Modified on 4/17/2013 (db).
April 17, 2013 Filing 4293 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership.. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Raymond, Bradley) Modified on 4/17/2013 (db).
April 17, 2013 Filing 4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(Raymond, Bradley)
April 17, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Bradley Thomas Raymond to RE-FILE Document #4289 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures for Publishing Decisions by the Court to the Teamster Membership. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
April 17, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Bradley Thomas Raymond to RE-FILE Document #4293 MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the Internation MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the Internation MOTION Memorandum of Law In Support of the Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By the Court to the Teamsters Membership re: #4292 MOTION Application by the Internation. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #4292 Motion. (db)
April 17, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Bradley Thomas Raymond to RE-FILE Document #4294 MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the Inte MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the Inte MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the Inte MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the Inte MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the Inte MOTION Declaration of Bret Caldwell in Support of Application By the International Brotherhood of Teamsters For Approval of Modified Procedures For Publishing Decisions By The Court to the Teamsters Membership re: #4292 MOTION Application by the Inte. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #4292 Motion. (db)
April 17, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Bradley Thomas Raymond to RE-FILE Document #4295 MOTION Certificate of Service re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership. MOTION Certificate of Service re: #4292 MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures For Publishing Decisions By The Court To The Teamster Membership. Use the event type Certificate of Service Other found under the event list Service of Process. (db)
April 16, 2013 Filing 4291 CERTIFICATE OF SERVICE of MOTION FOR ADMISSION PRO HAC VICE FOR DOUGLAS N. SILVERSTEIN, ESQ.; CERTIFICATE OF GOOD STANDING OF DOUGLAS N. SILVERSTEIN, ESQ.; [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR DOUGLAS N. SILVERSTEIN, ESQ. served on Nancy B.G. Lassen, Andrew S. Hoffman, Ellen Yaroshefsky, John W. Morris, Linda H. Chan on April 16, 2013. Service was made by Mail. Document filed by Gary Guillory, Abraham Moreno. (Silverstein, Douglas)
April 16, 2013 Filing 4290 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8423966. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Guillory, Abraham Moreno. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion for Admission Pro Hac Vice for Douglas N. Silverstein, Esq.)(Silverstein, Douglas) Modified on 4/16/2013 (bcu).
April 16, 2013 Filing 4289 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Application by the International Brotherhood of Teamsters for Approval of Modified Procedures for Publishing Decisions by the Court to the Teamster Membership. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Attachments: #1 Memorandum of Law In Support of the Application by IBT, #2 Declaration of Bret Caldwell in Support of Application by the IBT, #3 Certificate of Service)(Raymond, Bradley) Modified on 4/17/2013 (db).
April 16, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4290 MOTION for Douglas N. Silverstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8423966. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the State Court.. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
April 15, 2013 Filing 4288 Objection to Application 162of the Independent Review Board in the Matter of Paul Kenny, Abraham Moreno, and Gary Guillory. Document filed by Gary Guillory, Abraham Moreno. (Roland, Catherine)
April 10, 2013 Filing 4287 CERTIFICATE OF SERVICE of Motion for Pro Hac Vice (Catherine Roland); Certificate of Good Standing; Proposed Order thereon served on Andrew S. Hoffman, Ellen Yaroshefsky, John W. Morris, Linda H. Chan, Nancy B.G. Lassen on April 10, 2013. Service was made by Mail. Document filed by Gary Guillory, Abraham Moreno. (Roland, Catherine)
April 10, 2013 Filing 4286 CERTIFICATE OF SERVICE of Notice of Appearance of Counsel (Catherine J. Roland, Esq.) served on Andrew S. Hoffman, Ellen Yaroshefsky, John W. Morris, Linda H. Chan, Nancy B.G. Lassen on April 10, 2013. Service was made by Mail. Document filed by Gary Guillory, Abraham Moreno. (Roland, Catherine)
April 10, 2013 Filing 4285 NOTICE OF APPEARANCE by Catherine J. Roland on behalf of Gary Guillory, Abraham Moreno (Roland, Catherine)
April 8, 2013 Opinion or Order Filing 4284 ORDER; granting 4283 Motion for Catherine J. Roland to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 4/5/2013) (sac)
April 8, 2013 Filing 4283 MOTION for Catherine J. Roland to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Guillory, Abraham Moreno.(bwa)
April 5, 2013 Filing 4282 REPLY MEMORANDUM OF LAW TO IRB'S MEMORANDUM OF LAW IN RESPONSE TO KENNY'S OBJECTIONS TO APPLICATION 162.. Document filed by Paul Kenny. (Chaikin, Adam)
April 5, 2013 Opinion or Order Filing 4281 ENDORSED LETTER addressed to Judge Loretta A. Preska from Catherine J. Roland dated 4/3/2013 re: Counsel on behalf of Abraham Moreno, and Gary Guillory request for a one (1) week extension to file an Objection by Abraham Moreno and Gary Guillory to April 15, 2013. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 4/5/2013) (rsh)
March 21, 2013 Filing 4280 ENDORSED LETTER addressed to Judge Loretta A. Preska from Adam Chaikin dated 3/20/2013 re: Counsel for Paul Kenny request that Mr. Kenny be given leave to file a reply memoranda to the IRB's memorandum of law filed on 3/18/2013. If the Court is inclined to grant Mr. Kenny's request for leave to file a reply memoranda, Mr. Kenny will have the reply brief on file on or before 4/5/2013. ENDORSEMENT: Permission to file a reply brief by April 5 is granted. (Signed by Judge Loretta A. Preska on 3/20/2013) (tro)
March 20, 2013 Opinion or Order Filing 4279 ENDORSED LETTER addressed to Judge Loretta A. Preska from Catherine J. Roland dated 3/7/2013 re: So that the Court may consider all objections to Application 162 simultaneously, we anticipate filing those objections within thirty (30) days or April 8, 2013. In the alternative, Mssrs. Guillory and Moreno will file objections on a date that is convenient for the Court. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 3/18/2013) (djc)
March 18, 2013 Filing 4278 MEMORANDUM OF LAW in Support of the Independent Review Board's Application 162-in the Matter of Paul Kenny, Abraham Moreno and Gary Guillory. Document filed by Charles M. Carberry. (Carberry, Charles)
March 1, 2013 Filing 4277 Objection to Application 162 of the Independent Review Board. Document filed by Paul Kenny. (Attachments: #1 Exhibit Exhibit AA part 1, #2 Exhibit Exhibits AA part 2, #3 Exhibit Exhibits AA part 3, #4 Exhibit Exhibit AA part 4, #5 Exhibit Exhibit AA part 5, #6 Exhibit Exhibit BB, #7 Exhibit Exhibit CC, #8 Exhibit Exhibit DD, #9 Exhibit Exhibit EE, #10 Exhibit Exhibit FF)(Chaikin, Adam)
February 22, 2013 Opinion or Order Filing 4276 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Nicholas Bernhard re: APPLICATION 161 OF THE INDEPENDENT REVIEW BOARD - - AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND NICHOLAS BERNHARD. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 2/22/2013) (djc)
February 22, 2013 Filing 4275 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND NICHOLAS BERNHARD: This Court hereby acknowledges that the Agreement enclosed with Application 161 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 161 with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following as set forth herein. (Signed by Judge Loretta A. Preska on 2/22/2013) (djc)
February 20, 2013 Opinion or Order Filing 4274 ORDER: For the foregoing reasons, Application 156 is granted, and the IRB's decision affirmed in all respects. (Signed by Judge Loretta A. Preska on 2/20/2013) (djc)
January 22, 2013 Filing 4273 MEMORANDUM OF LAW in Support re: 4272 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL UNION NO. 710 PENSION FUND, MOKENA 191/88, LLC, BRIAN O'MALLEY AND LEGACY PROFESSIONALS, LLP TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry. (lmb)
January 22, 2013 Filing 4272 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL UNION NO. 710 PENSION FUND, MOKENA 191/88, LLC, BRIAN O'MALLEY AND LEGACY PROFESSIONALS, LLP TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(lmb)
December 27, 2012 Opinion or Order Filing 4271 ORDER FOR ADMISSION PRO HAC VICE FOR IRB APPLICATION 162 granting #4265 Motion for Douglas Olins to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 12/21/2012) (lmb)
December 20, 2012 Opinion or Order Filing 4270 ORDER FOR ADMISSION PRO HAC VICE granting #4267 Motion for Adam E. Chaikin to Appear Pro Hac Vice. The motion of Adam E. Chaikin, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Loretta A. Preska on 12/19/2012) (ama)
December 20, 2012 Opinion or Order Filing 4269 ORDER FOR ADMISSION PRO HAC VICE granting #4266 Motion for Mark Scott Bagula to Appear Pro Hac Vice. The motion of Mark S. BaguJa, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Loretta A. Preska on 12/19/2012) (ama)
December 11, 2012 Opinion or Order Filing 4268 MEMORANDUM AND ORDER: For the reasons set out above, Applications 157 and 158 are granted, and the IRE's determinations affirmed in all respects. (Signed by Judge Loretta A. Preska on 12/11/2012) (cd)
December 10, 2012 Filing 4267 MOTION for Adam Chaikin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8047607. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul Kenny. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)(Chaikin, Adam)
December 10, 2012 Filing 4266 MOTION for Mark Scott Bagula to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8047556. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul Kenny. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)(Bagula, Mark)
December 10, 2012 Filing 4265 MOTION for Douglas Olins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8047459. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul Kenny. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)(Olins, Douglas)
December 10, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4266 MOTION for Mark Scott Bagula to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8047556. Motion and supporting papers to be reviewed by Clerk's Office staff., #4267 MOTION for Adam Chaikin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8047607. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 10, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4265 MOTION for Douglas Olins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8047459. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 21, 2012 Filing 4264 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF LEIF THORNTON, CHERYL MILISI FRANCIS DIZOGLIO, JOHN LOGANAND NICHOLAS MURPHY, and as further set forth in this document. (Signed by Judge Loretta A. Preska on 11/12/2012) (cd)
November 14, 2012 Filing 4263 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF LAWRENCE MAGUIRE: This Court hereby acknowledges that the Opinion and Decision of the IRB of Application 158 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Opinion and Decision of Application 158 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following as set forth herein. (Signed by Judge Loretta A. Preska on 11/12/2012) Copies Sent By Chambers. (ja)
November 14, 2012 Filing 4262 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF BERNARD PISCOPO: This Court hereby acknowledges that the Opinion and Decision of the IRB of Application 157 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Opinion and Decision of Application 157 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following as set forth herein. (Signed by Judge Loretta A. Preska on 11/12/2012) Copies Sent By Chambers. (ja)
August 17, 2012 Filing 4261 MEMORANDUM OF LAW in Support re: 4260 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING STONE CONSTRUCTION, INC., 21st CENTURY BANK, AMERICAN PRIDE HOME SERVICES, CENTRAL BANK, TODD CHESTER AND ASSOCIATES, INC., TODD CHESTER, LEGACY PROFESSIONALS, LLC, REPUBLIC NATIONAL DISTRIBUTING COMPANY LLC - FARGO, MINNEAPOLIS FOOD DISTRIBUTING INDUSTRY PENSION PLAN, MINNESOTA TEAMSTERS CONSTRUCTION DIVISION PENSION FUND AND GROCERY/STORAGE PENSION FUND TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry. (lmb)
August 17, 2012 Filing 4260 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING STONE CONSTRUCTION, INC., 21st CENTURY BANK, AMERICAN PRIDE HOME SERVICES, CENTRAL BANK, TODD CHESTER AND ASSOCIATES, INC., TODD CHESTER, LEGACY PROFESSIONALS, LLC, REPUBLIC NATIONAL DISTRIBUTING COMPANY LLC - FARGO, MINNEAPOLIS FOOD DISTRIBUTING INDUSTRY PENSION PLAN, MINNESOTA TEAMSTERS CONSTRUCTION DIVISION PENSION FUND AND GROCERY/STORAGE PENSION FUND TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(lmb)
July 24, 2012 Opinion or Order Filing 4257 MEMO ENDORSEMENT on Affidavit and Agreement. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 7/23/2012) (mro)
July 23, 2012 Filing 4259 MEMORANDUM OF LAW in Support re: 4258 MOTION to Produce. Document filed by Charles M. Carberry. (jfe)
July 23, 2012 Filing 4258 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING CENTRAL BANK AND LEGACY PROFESSIONALS, LLC TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(jfe)
July 9, 2012 Filing 4256 MEMORANDUM OF LAW in Support re: 4255 CHIEF INVESTIGATOR'S APPLICATION for the Issuance of a Subpoena Directing Village Bank to Produce Specified Records. Document filed by Charles M. Carberry. (lmb)
July 9, 2012 Filing 4255 CHIEF INVESTIGATOR'S APPLICATION for the Issuance of a Subpoena Directing Village Bank to Produce Specified Records. Document filed by Charles M. Carberry.(lmb)
July 5, 2012 Opinion or Order Filing 4254 MEMO ENDORSEMENT re: APPLICATION 159 OF THE INDEPENDENT REVIEW BOARD --AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND SIAMAK SHOKOUFANDE AND AFFIDAVIT AND AGREEMENT: ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 7/2/2012) (pl)
July 2, 2012 Filing 4253 MEMO ENDORSEMENT on re: Defendant's Request For Extension Of Time. ENDORSEMENT: An extension until July 20 is approved. (Signed by Judge Loretta A. Preska on 7/2/2012) (jfe)
July 2, 2012 Set/Reset Deadlines as to Responses due by 7/20/2012 (jfe)
June 6, 2012 Filing 4252 MEMORANDUM OF LAW in Support re: 4251 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING BANK MUTUAL, FIDELITY NATIONAL TITLE INSURANCE AND CENTRAL BANK TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry. (lmb)
June 6, 2012 Filing 4251 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING BANK MUTUAL, FIDELITY NATIONAL TITLE INSURANCE AND CENTRAL BANK TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(lmb)
May 9, 2012 Opinion or Order Filing 4250 ENDORSED LETTER addressed to Judge Loretta A Preska from Tara M LaMorte dated 5/8/2012 re: Request to extend time for 30 days until 6/7/2012 to submit a letter concerning Application 156 of the Independent Review Board. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/9/2012) (cd)
May 4, 2012 Filing 4249 CHIEF INVESTIGATOR'S MEMORANDUM OF LAW IN SUPPORT OF THE INDEPENDENT REVIEW BOARD'S APPLICATION 156 - IN THE MATTER OF JAMES DEAMICIS AND THOMAS FLAHERTY.Document filed by Charles M. Carberry. (djc)
April 2, 2012 Filing 4248 MEMORANDUM OF LAW in Support re: 4247 CHIEF INVESTIGATOR'S APPLICATION for the Issuance of Subpoenas directing Oppian, Inc., KTJ Limited Partnership One Hundred Thirty-Five, Jones Lang LaSalle, Ryan Companies US, Inc., Pope Assocaites, Inc., CloverLeaf Officer Partners, LLC, Baldwin Partners 1, LLC, Kami, Inc. Greenway Pavers, Inc., Stone Construction, Seven Corners Printing Co., Tschida Printing, American Pride Title, LLc, American Pride Home Services, Inc., Ed Phillips & Sons of ND, Inc. and Northwest Beverages, Inc. to Produce Specified Records. Document filed by Charles M. Carberry. (mro)
April 2, 2012 Filing 4247 CHIEF INVESTIGATOR'S APPLICATION for the Issuance of Subpoenas directing Oppian, Inc., KTJ Limited Partnership One Hundred Thirty-Five, Jones Lang LaSalle, Ryan Companies US, Inc., Pope Assocaites, Inc., CloverLeaf Officer Partners, LLC, Baldwin Partners 1, LLC, Kami, Inc. Greenway Pavers, Inc., Stone Construction, Seven Corners Printing Co., Tschida Printing, American Pride Title, LLc, American Pride Home Services, Inc., Ed Phillips & Sons of ND, Inc. and Northwest Beverages, Inc. to Produce Specified Records. Document filed by Charles M. Carberry.(mro)
March 23, 2012 Opinion or Order Filing 4246 MEMO ENDORSEMENT on Application 156 of the I.R.B. (Flaherty & Deamicis)-Emergency Request for Extension of Time. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 3/23/2012) (mro)
March 16, 2012 Filing 4245 NOTICE OF FILING OF SUPPLEMENTAL RECORD. Document filed by Thomas Flaherty. (mro)
March 5, 2012 Filing 4244 MEMO ENDORSEMENT on re: APPLICATION 155 OF THE I.R.B., Emergency request for extension of time. ENDORSEMENT: Motion granted. (Signed by Judge P. Kevin Castel on 3/5/2012) (jfe) Modified on 3/7/2012 (jfe).
March 2, 2012 Filing 4243 MEMORANDUM OF LAW in Support re: 4242 CHIEF INVESTIGATOR'S APPLICATION for the Issuance of Subpoenas directing the Local 272 Welfare Fund, the Local 272 Labor Management Pension Fund, Park It Management, Inc., P.I.M. Associates, Inc., SP Payroll, Inc. and 9495 Parking Corporation to Produce Specified Records. Document filed by Charles M. Carberry. (mro)
March 2, 2012 Filing 4242 CHIEF INVESTIGATOR'S APPLICATION for the Issuance of Subpoenas directing the Local 272 Welfare Fund, the Local 272 Labor Management Pension Fund, Park It Management, Inc., P.I.M. Associates, Inc., SP Payroll, Inc. and 9495 Parking Corporation to Produce Specified Records. Document filed by Charles M. Carberry.(mro)
March 2, 2012 Opinion or Order Filing 4241 MEMO ENDORSEMENT on EMERGENCY REQUEST FOR EXTENSION OF TIME. Thomas Flaherty, Defendant, hereby moves this Honorable Court for a 14 day extension of time to assemble and file a supplemental record of post-hearing motions, memorandums, and submissions that should have been made part of the record, but were not. Defendant would further ask for an additional 14 days in which to prepare and file his response to IRB Application 156 naming him as a defendant. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 3/2/2012) (rjm)
March 1, 2012 Filing 4240 MEMO ENDORSEMENT on EMERGENCY REQUEST FOR EXTENSION OF TIME for an additional 14 days for James Deamicis in which to prepare and file his response to IRS Application 156 naming him as a defendant. (Signed by Judge Loretta A. Preska on 2/29/2012) (cd)
January 11, 2012 Filing 4239 MEMORANDUM OF LAW in Support re: 4238 MOTION application for the issuance of a subpoena directing the Teamsters Health and Welfare Fund of Philadephia and Vicinity to Produce Specified Records. (djc)
January 11, 2012 Filing 4238 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA DIRECTING THE TEAMSTERS HEALTH AND WELFARE FUND OF PHILADELPHIA AND VICINITY TO PRODUCE SPECIFIED RECORDS. Attached is Declaration of Celia Zahner, Esq. (djc) Modified on 1/17/2012 (djc).
December 19, 2011 Opinion or Order Filing 4237 ORDER: The Attorney General's reappointment of Mr. Civiletti, the IBT's reappointment of Mr. diGenova, and Messrs. Civiletti's and diGenova's reappointment of Judge Webster are hereby approved for a five-year term of the IRB, effective immediately. (Signed by Judge Loretta A. Preska on 12/19/2011) (ab)
December 7, 2011 Filing 4236 ELECTION SUPERVISOR'S REPORT NO. 4 TO THE COURT. Document filed by Richard W. Mark, Election Supervisor. (mro)
November 17, 2011 Opinion or Order Filing 4235 ORDER: The Government and the IBT shall each reappoint its member of the IRB, or designate a new member to serve on the IRB, by no later than December 16, 2011. Each party shall submit the name of its appointee or designee to the Court for its approval promptly after such reappointment or designation is made. The term of office of each current member of the IRB shall continue until such member is reappointed by his appointing entity, or his successor is designated, and until this Court enters an order approving the reappointment or designation of such member. (Signed by Judge Loretta A. Preska on 11/17/2011) (ab)
November 4, 2011 Opinion or Order Filing 4234 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT: So ordered. (Signed by Judge Loretta A. Preska on 11/4/2011) Copies Mailed By Chambers. (lmb)
November 4, 2011 Filing 4233 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND JOSEPH WOJCIECHOWSKI: This Court hereby acknowledges that the Agreement enclosed with Application 154 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 154 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 11/4/2011) Copies Mailed By Chambers. (lmb)
November 1, 2011 Opinion or Order Filing 4232 MEMO ENDORSED ON AFFIDAVIT AND AGREEMENT: ENDORSEMENT: So Ordered (Signed by Judge Loretta A. Preska on 10/27/2011) Copies Mailed By Chambers. (js)
November 1, 2011 Opinion or Order Filing 4231 MEMO ENDORSED ON ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND PATRICK GEARY: ENDORSEMENT: So Ordered (Signed by Judge Loretta A. Preska on 10/27/2011) (js) Copies Mailed by Chambers
October 14, 2011 Filing 4230 NOTICE of Substitution of Attorney. Old Attorney: Brian Marc Feldman, New Attorney: Tara M. La Morte, Address: United States Attorney's Office for the Southern District of New York, 86 Chambers St., 3rd Floor, New York, New York, United States 10007, 212-637-2746. Document filed by United States of America. (La Morte, Tara)
October 11, 2011 Opinion or Order Filing 4229 ORDER: that the Proposed 2011 Supplemental Count Rules, a copy of which is annexed hereto, are approved and shall govern the preparation and counting of secret ballot votes for International union officer candidates with respect to the 2011 Election unless modified in accordance with the November 2009 Order. (Signed by Judge Loretta A. Preska on 10/7/2011) Copies Mailed By Chambers. (tro)
September 26, 2011 Filing 4227 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND LOUIS CASSERO: This Court hereby acknowledges that the Agreement enclosed with Application 152 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 152 with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following. (Signed by Judge Loretta A. Preska on 9/23/2011) Copies Mailed By Chambers.(rdz)
September 23, 2011 Filing 4228 AFFIDAVIT AND AGREEMENT of Louis Cassero. I make this Affidavit and Agreement (the "Agreement") to permanently resign from the International Brotherhood of Teamsters ("IBTH). This Agreement does not constitute an admission or denial of wrongdoing. I understand that by entering into this Agreement, I am resolving the charge referenced in paragraph 1 and the IRB will not recommend any charge against me for failing to cooperate with the IRB. I make this Agreement freely, under no duress or coercion of any kind. I have authorized counsel for the President of Local 282 to transmit this Agreement, signed by me, to the IRB. If it is signed by the IRB it will be submitted to the Court for review. (rdz)
August 8, 2011 Filing 4226 MEMORANDUM OF LAW in Support re: 4225 APPLICATION for the issuance of a subpoena directing the Teamsters Health & Welfare Fund of Philadelphia and vicinity to produce specified records. Document filed by Charles M. Carberry. (lmb)
August 8, 2011 Filing 4225 CHIEF INVESTIGATOR'S APPLICATION for the issuance of a subpoena directing the Teamsters Health & Welfare Fund of Philadelphia and Vicinity to produce specified records. Document filed by Charles M. Carberry. [Declaration of Celia Zahner, Esq. & exhibits 1-2 attached hereto.](lmb)
July 26, 2011 Opinion or Order Filing 4224 ORDER, that the Proposed 2011 Supplemental Election Rule is approved and shall govern the schedule and procedures for the nomination of candidates and the secret ballot nomination vote with respect to the 2011 IBT Election unless modified in accordance with the November 2009 Order. (Signed by Judge Loretta A. Preska on 7/25/11) Copies Mailed By Chambers. (pl)
June 15, 2011 Filing 4223 NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of United States of America (La Morte, Tara)
June 14, 2011 Opinion or Order Filing 4222 NOLLE PROSEQUI: The filing of this nolle prosegui will dispose of the above- referenced criminal contempt charge with respect to William T. Hogan, Jr., the defendant. In light of the foregoing, I recommend that an order of nolle prosequi be filed as to defendant William Hogan with respect to the criminal contempt charges docketed under 07 Cr. Misc. 1 (LAP), and 88 Civ. 4486 (LAP). (Signed by Judge Loretta A. Preska on 6/1/2011) (jpo)
May 19, 2011 Opinion or Order Filing 4221 ORDER ACKNOWLEDGMENT OF RECEIPTOF THE OPINION AND DECISION INDEPENDENT REVIEW BOARD, this Court hereby acknowledges that the Opinion and Decision of the IRB of Application 151 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Opinion and Decision of Application 151 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 Administrator of the Independent Review Board and, Michael Prelli100 Beekman Street #14G New York, NY 10038: Respondent (Signed by Judge Loretta A. Preska on 5/18/11) Copies Mailed By Chambers. (pl)
May 19, 2011 Filing 4220 OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD, that the preponderance of the evidence established that Michael Prelli was an associate of the Luchese LCN family while an IBT member and knowingly associated with members of organized crime and brought reproach upon the IBT and thus violated the IBT Constitution. Accordingly, Prelli is hereafter permanently barred from holding membership in or any position with the IBT or any IBT affiliated entity. Prelli is permanently barred from seeking or accepting from the IBT or any IBT-affiliated entity any salary, severance payment, allowance, fee, payment for unused vacation, or compensation of any kind except fully vested pension compensation and fully vested welfare benefits; and permanently barred from the date of expulsion from having any contributions made on his behalf by any IBT entity to any pension, health and welfare, severance, or other benefit fund. (Signed by Judge Loretta A. Preska on 5/18/11) Copies Mailed By Chambers. (pl)
May 13, 2011 Filing 4219 MEMORANDUM OF LAW in Support re: 4218 MOTION. Document filed by Charles M. Carberry. (cd)
May 13, 2011 Filing 4218 MOTION FOR THE ISSUANCE OF SUBPOENAS DIRECTING THE TEAMSTERS HEALTH & WELFARE AND PENSION FUNDS OF PHILADELPHIA AND VICINITY TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(cd)
May 10, 2011 Opinion or Order Filing 4217 MEMO ENDORSEMENT on re: APPLICATION 146 OF THE INDEPENDENT REVIEW BOARD -- OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF MICHAEL E. DOE. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/10/2011) Copies mailed by Chambers. (jfe) Modified on 5/13/2011 (jfe).
May 10, 2011 Filing 4216 MANDATE of USCA (Certified Copy) as to #4136 Notice of Appeal filed by Charles Crawley USCA Case Number 10-1024-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/10/2011. (nd)
May 10, 2011 Opinion or Order Filing 4215 STIPULATION AND ORDER; IT IS HEREBY STIPULATED AND AGREED, by and between the Government and the IBT, as follows: The IBT agrees to provide the Government and the IRB with all proposed constitutional amendments submitted to the IBT pursuant to Article III, Section 9(a) of the IBT Constitution as Boon as possible after their receipt by the IBT, but in any event no later than June 1, 2011. Additional relief as set forth in this Order. (Signed by Judge Loretta A. Preska on 5/9/11) Copies Faxed By Chambers. (pl)
May 10, 2011 Transmission of USCA Mandate/Order to the District Judge re: #4216 USCA Mandate,. (nd)
May 6, 2011 Filing 4214 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND JOHN PERRY. This Court hereby acknowledges that the Agreement enclosed with Application 147 of the Independent Review Board ("IRBfI) for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 147 with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following persons as named herein. (Signed by Judge Loretta A. Preska on 2/22/11); Copies mailed by Chambers. (djc)
May 6, 2011 Opinion or Order Filing 4213 APPLICATION 148 OF THE INDEPENDENT REVIEW BOARD --OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF JOHN CASTELLE. Accordingly, Castelle is hereafter permanently barred from holding membership in or any position with the IBT or any IBT-affiliated entity. Castelle is permanently barred from seeking or accepting from the IBT or any IBT-affiliated entity any salary, severance payment, allowance, fee, payment for unused vacation, or compensation of any kind except fully vested pension compensation and fully vested welfare benefits; and permanently barred from the date of expulsion from having any contributions made on his behalf by any IBT entity to any pension, health and welfare, severance, or other benefit fund. Enclosed with our March 16, 2011, Opinion and Decision is the October 13, 2010, IRB Investigative Report (Exhibit A), and the Appendix to Exhibit A (Exhibits 1 to 70), the November 10, 2010, IRB Hearing Transcript (Exhibit B), and the IRB Exhibits IRB-1 to IRB-7 introduced at the hearing (Exhibit C). It is respectfully requested that an Order be entered affirming the IRB's March 16, 2011, Opinion and Decision if Your Honor finds it appropriate. ENDORSEMENT: The application is granted in its entirety. (Signed by Judge Loretta A. Preska on 3/24/11); Copies mailed by Chambers (djc)
May 6, 2011 Filing 4212 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD IN THE MATTER OF JOHN CASTELLE. This Court hereby acknowledges that the Opinion and Decision of the IRB of Application 148 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Opinion and Decision of Application 148 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following persons as named herein. (Signed by Judge Loretta A. Preska on 3/24/11); (djc)
May 5, 2011 Opinion or Order Filing 4211 ORDER; that the Proposed 2011 Supplemental Election Rules, a copy of which is annexed hereto, are approved and shall govern the schedule and procedures for the nomination of candidates and the secret ballot nomination vote with respect to the 2011 Election unless modified in accordance with the November 2009 Order. (Signed by Judge Loretta A. Preska on 5/4/11) Copies Mailed By Chambers. (pl)
April 26, 2011 Opinion or Order Filing 4210 MEMO ENDORSEMENT re:(Appl. 149) AFFIDAVIT AND AGREEMENT Of ANTHONY O'DONNELL to resolve the planned IRB- recommended charge described in paragraph 1. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/26/11) (pl)
April 26, 2011 Opinion or Order Filing 4209 MEMO ENDORSEMENT re: AFFIDAVIT AND AGREEMENT Of Thomas Rosano to resolve the planned IRB recommended charge described in paragraph 1 (Appl. 150). ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/26/11) (pl)
April 26, 2011 Filing 4208 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND THOMAS ROSANO, This Court hereby acknowledges that the Agreement enclosed with Application 149 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 149 with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. and Bradley T. Raymond, Esq. (Signed by Judge Loretta A. Preska on 4/26/11) (pl)
April 26, 2011 Filing 4207 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ANTHONY O'DONNELL, This Court hereby acknowledges that the Agreement enclosed with Application 149 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 149 with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. and Thomas Gesualdi, President. (Signed by Judge Loretta A. Preska on 4/26/11) (pl)
March 11, 2011 Opinion or Order Filing 4206 ORDER: Before the Court is Application 141 of the Independent Review Board ("IRB" or the "Board"), dated April 5, 2010, as supplemented by the Supplement to Application 141 of the IRB, dated July 28, 2010. Application 141 seeks an order affirming the IRB's finding that the International Brotherhood of Teamsters' (the "IBT's") disciplinary action against German Vazquez was "not inadequate." For the foregoing reasons, Application 141 is granted, and the IRB's determination affirmed. (Signed by Judge Loretta A. Preska on 3/11/2011) Copies Mailed By Chambers. (mro)
February 23, 2011 Opinion or Order Filing 4205 MEMO ENDORSEMENT on re: Affidavit and Agreement. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 2/22/2011) (jfe)
February 23, 2011 Opinion or Order Filing 4204 MEMO ENDORSEMENT on re: Acknowledgment of receipt of the Opinion and Decision of the Independent Review Board. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 2/22/2011) (jfe)
February 17, 2011 Filing 4203 MEMORANDUM OF LAW in Support re: 4202 APPLICATION for the Issuance of Subpoenas directing Cellco Partnership dba Verizon Wireless and America Helper, Inc. to produce specified records.. Document filed by Charles M. Carberry. (mro)
February 17, 2011 Filing 4202 APPLICATION for the Issuance of Subpoenas directing Cellco Partnership dba Verizon Wireless and America Helper, Inc. to produce specified records. Document filed by Charles M. Carberry.(mro)
February 2, 2011 Filing 4201 ELECTION SUPERVISOR'S REPORT No. 2 TO THE COURT. Filed by Richard W. Mark (mbe)
January 13, 2011 Filing 4200 MEMORANDUM OF LAW in Support re: 4199 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA DIRECTING KING'S SEAFOOD COMPANY TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry. (mbe)
January 13, 2011 Filing 4199 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA DIRECTING KING'S SEAFOOD COMPANY TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(mbe)
December 16, 2010 Filing 4198 MEMORANDUM OF LAW in Support re: 4197 MOTION for the Issuance of Subpoenas directing Morton's the Steakhouse, Dal Rae Restaurant and Fleming's Prime Steakhouse and Wine bar to produce specified records. Document filed by Charles M. Carberry. (mro)
December 16, 2010 Filing 4197 MOTION (APPLICATION) for the Issuance of Subpoenas directing Morton's the Steakhouse, Dal Rae Restaurant and Fleming's Prime Steakhouse and Wine bar to produce specified records. Document filed by Charles M. Carberry.(mro)
December 16, 2010 Opinion or Order Filing 4196 ENDORSED LETTER addressed to Judge Loretta A. Preska from Larry Cary dated 12/14/10 re: Please have the Clerk of the Court correct the record by removing my name as an attorney of record (for Defendant International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO) for this action. ENDORSEMENT: SO ORDERED. Attorney Larry Cary terminated. (Signed by Judge Loretta A. Preska on 12/16/10) (db)
November 18, 2010 Filing 4195 MEMORANDUM OF LAW in Support re: 4194 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS-CA AND KING'S SEAFOOD COMPANY TO PRODUCE SPECIFIED RECORDS. (mbe)
November 18, 2010 Filing 4194 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS-CA AND KING'S SEAFOOD COMPANY TO PRODUCE SPECIFIED RECORDS.(mbe)
August 25, 2010 Filing 4193 DECLARATION of Brian M. Feldman in support of the Joint Application of the United States of America and the International Brotherhood of Teamsters for entry of an order approving election rules fo rhte 2011 International Union Delegate and Officer Election. (mro)
August 24, 2010 Filing 4192 LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 5/25/2010 re: Requesting that the Court approve the Parties joint application and approve the Proposed 2011 Election Rules. Document filed by United States of America.(jpo)
August 24, 2010 Filing 4191 LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 4/28/2010 re: Enclosed please find a joint application by the Parties requesting that the proposed election rules for the 2011 IBT Election be approved. Document filed by United States of America.(jpo)
August 24, 2010 Filing 4190 LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated 5/14/2010 re: This letter states the objections of Teamsters for a Democratic Union to approval of the Proposed Election Rules as presented by the parties. Document filed by Teamsters for a Democratic Union.(jpo)
August 24, 2010 Filing 4189 ENDORSED LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated 5/17/2010 re: Requesting attachment of this letter to our objections to the proposed Election Rules that we submitted on May 14, 2010. ENDORSEMENT: Please docket letter. (Signed by Judge Loretta A. Preska on 8/24/2010) (jpo)
August 24, 2010 Filing 4188 LETTER addressed to Judge Loretta A. Preska from Herman Benson dated 6/1/2010 re: Requesting that the Court consider our view and decide whether it feels we are right or wrong; if it decides we are right. to take whatever steps it feels appropriate to correct the lethal defect in the proposed current election rules. ENDORSEMENT: Please docket letter.(jpo)
August 24, 2010 Filing 4187 LETTER addressed to Judge Loretta A. Preska from Herman Benson dated 5/12/2010 re: In objection to the joint application by the United States of America and the International Brotherhood of Teamsters for entry of an order approving their proposed election rules for the 2011 International Union Delegate and Officer Election. ENDORSEMENT: Please docket letter.(jpo)
August 24, 2010 Filing 4186 LETTER addressed to Judge Loretta A. Preska from Richard W. Mark dated 5/21/2010 re: Requesting that the Court approve the 2011 Election Rules, as submitted by the parties, and reject the efforts by non-parties Association for Union Democracy and Teamsters for a Democratic Union to impose. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. ENDORSEMENT: Please docket letter.(jpo)
August 24, 2010 Filing 4185 LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated 7/8/2010 re: Requesting that the Court grant TDU's motion to appear as amicus curiae for the purpose of considering its suggested modifications of the proposed Rules. Document filed by Teamsters for a Democratic Union. ENDORSEMENT: Please docket letter. (jpo)
August 24, 2010 Opinion or Order Filing 4184 ORDER: Whereas, the Court has considered the comments of Teamsters for a Democratic Union and Association for Union Democracy, both as amici, it is hereby ordered that the Proposed 2011 Election Rules, a copy of which is annexed hereto, are approved and shall govern the 2011 Election unless modified in accordance with the November 2009 Order. (Signed by Judge Loretta A. Preska on 8/23/2010) (jpo)
August 19, 2010 Filing 4183 ELECTION SUPERVISOR'S REPORT No. 1 TO THE COURT. (mbe)
August 12, 2010 Filing 4182 AFFIDAVIT OF SERVICE of a copy of the IRB's Quarterly report 71 served on Brian Feldman via UPS Next Day; Charles M. Carberry via UPS Next Day, Bradley T. Raymond via Hand Delivery; via UPS Next Day to the Honorable Loretta A. Preska on 7/29/10. (mro)
August 12, 2010 Filing 4181 LETTER addressed to Judge Loretta A. Preska from John J. Cronin, Jr. dated 7/29/10 re: Enclosed please find a "backed" original and one copy of Quarterly Report 71 of the Independent Review Bard. (mro)
August 11, 2010 Filing 4180 APPENDIX TO EXHIBIT A; EXHIBITS 1-23 IN THE MATTER OF VINCENT Disario. Document filed by the Independent Review Board.(mro)
August 11, 2010 Filing 4179 EXHIBITS A-C: In the Matter of Vincent Disario. Document filed by the Independent Review Board. (mro)
August 11, 2010 Filing 4178 AFFIDAVIT OF SERVICE of a copy of Application 145 (In Re: Vincent Disario) along with the enclosures served on Beth Goldman AUSA via UPS Next day; Charles M. Carberry via UPS Next day; Bradley T. Raymond via Hand Delivery; Vincent Disario via USPS Registered Mail and via UPS Next day to the Honorable Loretta A. Preska on 7/22/10. (mro)
August 11, 2010 Filing 4177 OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD; In Re: Vincent Disario. Document filed by the Independent Review Board. (mro)
August 11, 2010 Filing 4176 APPENDIX TO EXHIBIT A; EXHIBITS 1-14 IN THE MATTER OF VINCENT FEDERICO. Document filed by the Independent Review Board.(mro)
August 11, 2010 Filing 4175 EXHIBITS A-C: In the Matter of Vincent Federico. Document filed by the Independent Review Board.(mro)
August 11, 2010 Filing 4174 AFFIDAVIT OF SERVICE of a copy of Application 145 (In Re: Vincent Federico) along with the enclosures served on Beth Goldman AUSA via UPS Next day; Charles M. Carberry via UPS Next day; Bradley T. Raymond via Hand Delivery; Vincent Federico via UPS Next Day and via UPS Next day to the Honorable Loretta A. Preska on 7/22/10. (mro) Modified on 8/11/2010 (mro).
August 11, 2010 Filing 4173 OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD; In Re: Vincent Federico. Document filed by the Independent Review Board. (mro)
August 5, 2010 Filing 4172 MEMO ENDORSEMENT on Application 145 of the Independent Review Board--Opinion and Decision of the Independent Review Board In the Matter of Vincent Federico. ENDORSEMENT: The Opinion and Decision of the IRB dated 7/22/10, is affirmed in its entirety. (Signed by Judge Loretta A. Preska on 8/5/20) (cd)
August 5, 2010 Filing 4171 MEMO ENDORSEMENT on Application 144 of the Independent Review Board--Opinion and Decision of The Independent Review Board In the Matter of Vincent Disario. ENDORSEMENT: The Opinion and Decision of the IRB dated 7/22/10, is affirmed in all respects. (Signed by Judge Loretta A. Preska on 8/5/10) (cd)
August 5, 2010 Filing 4170 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD and filed with the USDC-SDNY and that a copy of the Acknowledgment has been forwarded to John J. Cronin and Vincent Federico. (Signed by Judge Loretta A. Preska on 8/5/10) (cd)
August 5, 2010 Filing 4169 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDENT REVIEW BOARD and filed in the USDC-SDNY and that a copy of the Acknowledgment has been forwarded to John J. Cronin, Jr. and Vincent Disario. (Signed by Judge Loretta A. Preska on 8/5/10) (cd)
July 7, 2010 Opinion or Order Filing 4168 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Michael Carucci. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 7/1/2010) Copies Faxed By Chambers. (tro)
July 7, 2010 Opinion or Order Filing 4167 ORDER striking Document No. 4139 from the record. Document number 4139, titled Affidavit and Agreement of Michael Carucci, shall be removed from the docket for this case. (Signed by Judge Loretta A. Preska on 7/6/2010) (tro) Modified on 7/7/2010 (tro). Copies Faxed By Chambers.
July 7, 2010 ***STRICKEN DOCUMENT. Deleted document number 4139 from the case record. The document was stricken from this case pursuant to #4167 Order Striking Document from Record. (tro)
July 1, 2010 Filing 4166 APPLICATION 143 OF THE INDEPENDENT REVIEW BOARD--AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND EDWARD RODZWICZ. (tro)
July 1, 2010 Filing 4165 MEMO ENDORSEMENT re: ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND EDWARD RODZWICZ. This Court hereby acknowledges that the Agreement enclosed with Application 143 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 143 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 6/30/2010) (tro)
July 1, 2010 Opinion or Order Filing 4164 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Edward Rodzwicz. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 6/30/2010) (tro)
June 11, 2010 Opinion or Order Filing 4163 ENDORSED LETTER addressed to Judge Loretta A. Preska from Charles M. Carbury dated 6/9/2010 re: Counsel writes requesting that the matter be remanded back to the Independent Review Board. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 6/11/2010) (tve)
June 1, 2010 Opinion or Order Filing 4162 ENDORSED LETTER addressed to Judge Loretta A. Preska from Barbara Harvey dated 6/1/2010 re: Counsel respectfully request an extension of time of 4 business days until 6/7/2010 in which to submit TDU's reply in support of its 5/14/2010 letter. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 6/1/2010) (jfe)
May 27, 2010 Filing 4161 US Attorney Provisional Release of an Offender/Deferred Prosecution re William Hogan, Jr. Document filed by United States of America and signed by Judge Loretta A. Preska. (cd)
May 26, 2010 Filing 4160 MEMO ENDORSEMENT re: ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MONICA PEASLEE. This Court hereby acknowledges that the Agreement enclosed with Application 142 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 142 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 5/25/10) (db)
May 26, 2010 Filing 4159 (ORDER) APPLICATION 142 OF THE INDEPENDENT REVIEW BOARD -- AGREEMENT BETWEEN THEINDEPENDENT REVIEW BOARD AND MONICA PEASLEE: Effective with the IRB's approval of the Agreement on May 24, 2010, Monica Peaslee, who was issued a withdrawal card from Local 533 on June 30, 2008, has agreed that for a period of not less than five years from October 2, 2009, the date of her guilty plea, she will refrain from any effort to become an active member of Local 533, the IBT or any affiliate of the IBT. Terms of the Peaslee Agreement are as further set forth in said Order. We have found the Agreement serves to resolve the matter in a fair and equitable manner. Therefore, we respectfully request that Your Honor execute the Agreement on the line provided. This will, in effect, serve to have the Agreement "so ordered" by the Court. Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." (Signed by John J. Cronin, Administrator on 5/24/10) (db) Modified on 5/26/2010 (db).
May 26, 2010 Filing 4158 AFFIDAVIT OF SERVICE of John E. Converse of one executed original and one copy of Application 142 and the original and one copy of the Acknowledgment of Receipt served on Honorable Loretta A. Preska on 5/24/2010. Service was made by UPS NEXT DAY. One copy of Application 142 along with the enclosures were delivered to Beth Goldman, AUSA, via UPS Next Day; Charles M. Carberry, Esq., via UPS Next Day; Bradley T. Raymond, Esq., via Hand delivery. (tro)
May 26, 2010 Opinion or Order Filing 4157 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/25/2010) (tro)
May 21, 2010 Filing 4156 MEMORANDUM OF LAW in Support re: 4155 MOTION For the Issuance of a Subpoena directing Contractor Arturo Dorado to produce specified records. Document filed by Charles M. Carberry. (mro)
May 21, 2010 Filing 4155 MOTION (Chief Investigator's Application) For the Issuance of a Subpoena directing Contractor Arturo Dorado to produce specified records. Document filed by Charles M. Carberry.(mro)
May 20, 2010 Filing 4154 LETTER addressed to Judge Loretta A. Preska from John J. Cronin, Jr. dated 5/13/10 re: Enclosed please find a "backed" original and one copy of Quarterly Report 70 of the Independent Review Board. (mro)
May 10, 2010 Opinion or Order Filing 4153 ENDORSED LETTER addressed to Judge Loretta A. Preska from Rocco G. Avallone dated 5/4/2010 re: Counsel writes to inform the Court that the following schedule was consented to: A. German Vazquez's letter Motion, not to exceed four pages, must be filed by June 4, 2010. B. IRB's Opposition papers, not to exceed four pages, must be filed by June 18, 2010. C. Vazquez Reply papers, not to exceed two pages, must be filed by June 25, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/10/2010) Copies Faxed By Chambers. (jfe) Modified on 5/10/2010 (jfe).
May 3, 2010 Opinion or Order Filing 4152 ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 4/30/2010 re: The Government respectfully requests that the Court set the following schedule, to which all such parties have agree-that any objections from TDU, AUD, or any other objecting party be filed no later than May 14, 2010; that nay response from the Government, IBT, or Election Supervisor be filed no later than May 25, 2010; and that any replies be filed no later than June 1, 2010. ENDORSEMENT: SO ORDERED. ( Replies due by 6/1/2010, Responses due by 5/25/2010) (Signed by Judge Loretta A. Preska on 5/3/2010) Copies Faxed By Chambers.(jmi)
April 27, 2010 Opinion or Order Filing 4151 ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 4/23/2010 re: We write on behalf of the United States of America (the "Government") to inform the Court that the parties have agreed upon a resolution of the pending criminal charges, and to respectfully request that the Court (l) briefly adjourn the conference scheduled in this matter for April 26, 2010, for approximately thirty (30) days, and (2) exclude the time between April 26, 2010, and the adjourned conference date for purposes of the speedy Trial Act, 18 U.S.C. 3161 (h) (8) (A), upon a finding that the interests of justice served by such a continuance outweigh the interests of the public and defendant William Hogan ("Defendant") in a speedy trial because the continuance will allow the parties to consummate a proposed disposition of this case. Court adjourn the conference in this matter for a period of approximately thirty (30) days to afford PTS with adequate time review this proposed deferred prosecution agreement. ENDORSEMENT: The Conference is adjourned to May 27, 2010 at 2:30 p.m. SO ORDERED. ( Status Conference set for 5/27/2010 at 02:30 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 4/26/2010) Copies Faxed By Chambers.(jmi)
April 22, 2010 Filing 4150 QUARTERLY REPORT 69 OF THE INDEPENDENT REVIEW BOARD UNDER THE CONSENT ORDER ARTICLE G. "REPORT TO THE COURT". (mbe)
April 13, 2010 Filing 4149 ENDORSEMENT on [Doc. #4147] Declaration in Support of Request to Proceed In Forma Pauperis as to Charles Crawley, I.F.P. REQUEST IS GRANTED. (Signed by Judge Loretta A. Preska on 4/12/10) (rmj)
April 8, 2010 Opinion or Order Filing 4148 ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 4/6/2010 re: Requesting that the Court (1) briefly adjourn the conference scheduled in this matter for April 8, 2010, until April 26, 2010, at 2:30 in the afternoon, and (2)exclude the time between April 8, 2010 and April 26, 2010, for purposes of the Speedy Trial Act, 18 U.S.C.3161(h)(8)(A). ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/7/2010) (jpo)
April 2, 2010 Filing 4147 DECLARATION IN SUPPORT OF REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS. Document filed by Charles Crawley.(mbe)
March 26, 2010 Filing 4146 MEMORANDUM OF LAW in Support re: 4145 (MOTION) Chief Investigator's Application For the Issuance of a Subpoena directing the Shepard Convention Services, Inc. to Produce specified records. Document filed by Charles M. Carberry. (mro)
March 26, 2010 Filing 4145 (MOTION) Chief Investigator's Application For the Issuance of a Subpoena directing the Shepard Convention Services, Inc. to Produce specified records. Document filed by Charles M. Carberry.(mro)
March 26, 2010 Filing 4144 MEMORANDUM OF LAW in Support re: 4143 (MOTION) Chief Investigator's Application For the Issuance of Subpoenas directing the New England Teamsters and Trucking Industry Pension Fund to Produce specified records. Document filed by Charles M. Carberry. (mro)
March 26, 2010 Filing 4143 (MOTION) Chief Investigator's Application For the Issuance of Subpoenas directing the New England Teamsters and Trucking Industry Pension Fund to Produce specified records. Document filed by Charles M. Carberry.(mro)
March 26, 2010 Filing 4142 MEMORANDUM OF LAW in Support re: 4141 (MOTION) Chief Investigator's Application For the issuance of Subpoenas directing the Teamsters Local 82 Health and Welfare Fund and the Teamsters Local 82 Savings and Investment fund to Produce specified records. Document filed by Charles M. Carberry. (mro)
March 26, 2010 Filing 4141 (MOTION) Chief Investigator's Application For the issuance of Subpoenas directing the Teamsters Local 82 Health and Welfare Fund and the Teamsters Local 82 Savings and Investment fund to Produce specified records. Document filed by Charles M. Carberry.(mro)
March 26, 2010 Filing 4140 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND MICHAEL CARUCCI: This court hereby acknowledges that the Agreement enclosed with Application 140 of the Independent Review Board for the International Brotherhood of Teamsters has been received by the Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 140 with the Clerk of the Court of the S.D.N.Y. This Court further certifies that th instant acknowledgment of Receipt has been filed with the Clerk of the Court of the S.D.N.Y., and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, N.W., Suite 528, Washington, DC, 20001, Administrator of the Independent Review Board. (Signed by Judge Loretta A. Preska on 3/24/2010) (tro)
March 26, 2010 Filing 4138 APPLICATION 140 OF THE INDEPENDENT REVIEW BOARD--AGREEMENT BETWEEN THE INDEPENDMENT REVIEW BOARD AND MICHAEL CARUCCI. (tro)
March 25, 2010 Opinion or Order Filing 4137 ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 3/19/10 re: counsel for the United States of America (the "Government") to respectfully request that the Court (1) briefly adjourn the conference presently scheduled in this matter for March 30, 2010, and (2) exclude the time between March 30, 2010, and the date of rescheduled conference for purposes of the Speedy Trial Act 18 U.S.C 3161 (h)(8)(A), upon a finding that the interests of justice served by such a continuance outweigh the interests of the public and defendant William Hogan ("Defendant") in a speedy trial because the continuance will allow the parties to prepare for trial. Defendant consents to this request. ENDORSEMENT: The Conference is adjourned to April 8, 2010 at 10:00 a.m. So Ordered. (Signed by Judge Loretta A. Preska on 3/25/10) Copies faxed by Chambers.(pl) Modified on 4/5/2010 (pl).
March 22, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #4136 Notice of Appeal. (tp)
March 22, 2010 Transmission of Notice of Appeal to the District Judge re: #4136 Notice of Appeal. (tp)
February 26, 2010 Filing 4136 NOTICE OF APPEAL from #4130 Order on Motion for Miscellaneous Relief, #4132 Order on Motion for Reconsideration. Document filed by Charles Crawley. (tp)
February 26, 2010 Appeal Remark as to #4136 Notice of Appeal filed by Charles Crawley. $455.00 APPEAL FEE DUE. (tp)
February 24, 2010 Filing 4135 MEMORANDUM OF LAW in Support re: 4134 MOTION For the Issuance of a Subpoena directing Champion Exposition Services to produce specified records. Document filed by Charles M. Carberry. (mro)
February 24, 2010 Filing 4134 MOTION: Chief Investigator's Application For the Issuance of a Subpoena directing Champion Exposition Services to produce specified records. Document filed by Charles M. Carberry.(mro) Modified on 2/25/2010 (mro).
February 17, 2010 Opinion or Order Filing 4133 ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 2/5/2010 re: Paragraph 5 of the Stipulation and Order signed by the Court on November 17, 2009, and entered on the docket on November 18, 2009, provided that the Government and the International Brotherhood of Teamsters (collectively, the "parties") would jointly agree upon a budget for the conduct of the 2011 IBT Election within 60 days after entry of the Stipulation and Order. On January 20, 2010, the 2011 Election Administrator, Richard Mark, proposed a budget to the parties in the amount of $11,333,500.00. We write now on behalf of the parties to respectfully inform the Court that the parties have agreed to the budget proposed by Mr. Mark. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/8/2010) (jmi)
February 2, 2010 Opinion or Order Filing 4132 ORDER denying 4131 Motion for Reconsideration. On January 26, 2010, the Petitioner filed a motion to reconsider the January 11 Order. The motion [dkt. no. 4131] is therefore DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/2/2010) Copies Faxed By Chambers. (tve)
January 26, 2010 Filing 4131 MOTION for Reconsideration re: #4130 Order on Motion. Document filed by Charles Crawley.(mbe)
January 11, 2010 Opinion or Order Filing 4130 ORDER dismissing 4106 Motion. (Signed by Judge Loretta A. Preska on 1/11/10) (djc)
January 11, 2010 Filing 4129 LETTER addressed to Chief Judge Loretta A. Preska from Brian M. Feldman dated 1/6/10 re: The Government writes in response to the "Request for Judicial Notice and Contemporaneous Motion for Jurisdictional Question Ruling on the Merits" filed by Charles Crawley. The Government submits that the Court should dismiss the Request because Crawley lacks standing to petition this Court, both under the Consent Decree entered in this case and under well established principles of federal jurisdiction. Document filed by United States of America.(mro)
December 23, 2009 Opinion or Order Filing 4128 ORDER: that the time between December 22, 2009 and January 14, 2010 at 9:00 am the date of the nextscheduled pretrial conference, is excluded for purposes of theSpeedy Trial Act, 18 U.S.C. 3161(h) (8) (A), in the interests ofjustice. The ends of justice served by such continuance outweighthe interest of the public and the defendant in a speedy trialbecause the continuance will allow the parties to discuss a possible disposition of this case, and will allow the parties to prepare for trial. (Signed by Judge Loretta A. Preska on 12/22/2009) (tve)
December 18, 2009 Filing 4127 MEMORANDUM OF LAW in Support re: 4126 MOTION Chief Investigator's Application for the Issuance of Subpoenas Directing Atlantic Liquidators Office Furniture and Alan Ginesky d/b/a 525 Beach Nominee Trust to Produce Specified Records.. Document filed by Charles M. Carberry. (mro)
December 18, 2009 Filing 4126 MOTION Chief Investigator's Application for the Issuance of Subpoenas Directing Atlantic Liquidators Office Furniture and Alan Ginesky d/b/a 525 Beach Nominee Trust to Produce Specified Records. Document filed by Charles M. Carberry.(mro)
December 18, 2009 Filing 4125 MEMORANDUM OF LAW in Support re: 4124 MOTION Chief Investigator's Application for the Issuance of Subpoenas Directing Verizon Wireless and Sprint Nextell to Produce Specified Records. Document filed by Charles M. Carberry. (mro)
December 18, 2009 Filing 4124 MOTION: Chief Investigator's Application for the Issuance of Subpoenas Directing Verizon Wireless and Sprint Nextell to Produce Specified Records. Document filed by Charles M. Carberry.(mro)
November 20, 2009 Filing 4123 MEMORANDUM OF LAW in Support re: 4122 MOTION Chief Investigator's Application for Issuance of a Subpoena Directing Union Payroll Agency, Inc. to Produce Specified Records. Document filed by Charles M. Carberry. (mbe)
November 20, 2009 Filing 4122 MOTION: Chief Investigator's Application for Inssurance of a Subpoena Directing Union Payroll Agency, Inc. to Produce Specified Records. Document filed by Charles M. Carberry.(mbe)
November 19, 2009 Filing 4121 QUARTERLY REPORT 68 OF THE INDEPENDANT REVIEW BOARD. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (mbe)
November 19, 2009 Filing 4120 AFFIDAVIT OF SERVICE of IRB's Quarterly Report 68 served on Beth Goldman, AUSA Charles M. Cranberry, Esq., Brandley T. Raymond., Esq. on 11/5/2009. Service was made by mailed. (mbe)
November 18, 2009 Opinion or Order Filing 4119 STIPULATION AND ORDER: It is hereby agreed by and between the Government and the IBT (the "parties") that provided that the IBT complies fully with this Stipulation and Order, the Government agrees not to exercise its option to have the 2011 lBT Election supervised by the Department of Labor. Nothing in this Stipulation and Order precludes or limits the Secretary of Labor's exercise of authority under the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. 401 et seq., or any other federal laws. The parties have jointly agreed that Richard Mark, Esq., will serve as the Election Supervisor for the 2011 IBT Election (the "2011 Election Supervisor"), as set forth in this stipulation. The parties have jointly agreed that Kenneth Conboy, Esq., will serve as Election Appeals Master for the 2011 IBT Election (the "2011 Election Appeals Master"), as set forth in this stipulation. The 2011 IBT Election shall be conducted in accordance with election rules (the "2011 Election Rules"), which shall be jointly agreed upon by the parties following comments by IBT members and any interested parties, as set forth in this stipulation. The parties will jointly agree upon a budget for the conduct of the 2011 IBT Election within 60 days after entry of this Stipulation and Order. The budget shall be no less than the amount expended by the 2006 Election Supervisor for the 2006 lBT Election, as adjusted for inflation, as set forth in this stipulation. The Government shall have the right to observe and be informed about all aspects of the 2011 IBT Election, as set forth in this stipulation. The IBT shall purchase a policy of insurance in an appropriate amount to protect the 2011 Election Supervisor and the 2011 Election Appeals Master and any persons hired by or acting on behalf of the 2011 Election Supervisor and the 2011 Election Appeals Master, from personal liability (or costs incurred to defend against the imposition of liability) for any of their actions on behalf of the IBT, the 2011 Election Supervisor, or the 2011 Election Appeals Master pursuant to this Stipulation and Order. (Signed by Judge Loretta A. Preska on 11/17/2009) Copies Mailed By Chambers.(jpo)
November 16, 2009 Filing 4118 RESPONSE re: #4108 Order to Show Cause. Document filed by Charles Crawley. (mbe)
November 12, 2009 Filing 4117 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND THOMAS CLAIR. This Court hereby acknowledges that the Agreement enclosed with Application 139 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 139 with the Clerk of the Court of the Southern District of New York. This court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol street, N.W., suite 528, Washington, DC 20001, Administrator of the Independent Review Board, and Marvin Gittler, Esq., Asher Gittler Greenfield & D'Alba, LTD 200 West Jackson Boulevard, Suite 1900 Chicago, IL 60606 Counsel for Thomas Clair. (Signed by Judge Loretta A. Preska on 11/9/2009) Copies Faxed by Chambers. (jfe) Modified on 11/17/2009 (jfe).
November 12, 2009 Opinion or Order Filing 4116 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Thomas Clair. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 11/9/2009) Copies Faxed By Chambers.(jfe)
November 12, 2009 Opinion or Order Filing 4115 MEMORANDUM AND ORDER For the reasons stated above Hogan's motions to dismiss Counts One and Two of the Second Amended Notice of Charge are DENIED. SO ORDERED (Signed by Judge Loretta A. Preska on 11/12/2009) Copies Mailed By Chambers. (jmi)
November 3, 2009 Filing 4114 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND TONY MANERO. This Court hereby acknowledges that the Agreement enclosed with Application 137 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 137 with the Clerk of the Court of the Southern District of New York. This court further certifies that the instant Acknowledgment of Receipt (lithe Acknowledgment") has been filed with the Clerk of the Court of the southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol street, N.W., suite 528, Washington, DC 20001, Administrator of the Independent Review Board, and David S. smith, Esq., David S. Smith, LLC, 626 Rexcorp Plaza, West Tower, 6th Floor, Uniondale, NY 11556, Counsel for Tony Manero. (Signed by Judge Loretta A. Preska on 10/30/09) Copies Mailed By Chambers.(tro)
November 3, 2009 Opinion or Order Filing 4113 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Tony Manero. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/30/09) Copies Mailed By Chambers. (tro)
November 3, 2009 Filing 4112 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ENERST SOWELL: This Court hereby acknowledges that the Agreement enclosed with Application 138 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 138 with the Clerk of the Court of the Southern District of New York. This court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., 444 North Capitol Street, N.W., suite 528, Washington, DC 20001, Administrator of the Independent Review Board, and David Van Os, Esq., David Van Os & Associates, PC, 115 E. Travis Street, Suite 618, San Antonio, TX 78205-1698, Counsel for Ernest Sowell. (Signed by Judge Loretta A. Preska on 10/30/09) Copies Mailed By Chambers. (tro)
November 3, 2009 Opinion or Order Filing 4111 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Ernest Sowell. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/30/09) Copies Mailed By Chambers. (tro)
October 30, 2009 Filing 4110 MOTION Chief Investigator's Application for the Issuance of a Subpoena directing Champion Exposition Service to produce specified records.. Document filed by Charles M. Carberry.(mbe)
October 30, 2009 Filing 4109 MEMORANDUM OF LAW in Support of the Chief Investigator's Application for the Issuance of a Subpoena directing Champion Exposition Services, Inc. to Produce Specified Records. Document filed by Charles M. Carberry. (mbe)
October 21, 2009 Opinion or Order Filing 4108 ORDER that Mr. Crawley shall show cause no later than 11/13/09 why his request should not be dismissed for lack of subject matter jurisdiction. (Signed by Judge Loretta A. Preska on 10/20/09) Copies faxed by chambers. (dle) Modified on 10/21/2009 (dle).
October 6, 2009 Filing 4107 MANDATE of USCA (Certified Copy) as to 4053 Notice of Appeal, filed by Francis Gillen USCA Case Number 08-4033-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 10/5/2009. (nd)
October 6, 2009 Transmission of USCA Mandate/Order to the District Judge re: #4107 USCA Mandate,. (nd)
September 21, 2009 Filing 4106 MOTION for Judicial Notice and Contemporaneous Motion for Jurisdictional Question Ruling on the Merits. Document filed by Charles Crawley.(mbe)
September 18, 2009 Filing 4105 MEMORANDUM OF LAW in Support re: 4104 MOTION Chief Investigator's Application for the issuance of a Subpoena Directing Bank of America to Produce Specified Records.. Document filed by Charles M. Carberry. (mbe)
September 18, 2009 Filing 4104 MOTION Chief Investigator's Application for the Issuance of a Subpoena Directing Bank of America to Produce Specified Records. Document filed by Charles M. Carberry.(mbe)
August 18, 2009 Opinion or Order Filing 4103 MEMORANDUM AND ORDER...for the reasons set forth above, Application 131 is granted, and the IRB's determination affirmed in all respects. (Signed by Judge Loretta A. Preska on 8/18/09) (cd)
August 4, 2009 Filing 4102 MEMORANDUM OF LAW in Support re: 4101 MOTION Chief Investigator's Application for the Issurance of a Subpoena Directing Park Avenue Corporation, Manhattan Parking to Produce Specified Records.. Document filed by Charles M. Carberry. (mbe)
August 4, 2009 Filing 4101 (MOTION) Chief Investigator's Application for the Issurance of a Subpoena Directing Park Avenue Corporation, Manhattan Parking to Produce Specified Records. Document filed by Charles M. Carberry.(mbe)
July 21, 2009 Opinion or Order Filing 4100 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 7/16/09 re: Government respectfully requests additional time until August 12, 2009 to respond to a letter submitted in June by counsel for defendant addressing the Supreme Court's holding Abuelhawa v. United States, 129 S.Ct. 2102(2009). ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 7/20/09) Copies faxed by Chambers.(djc)
June 3, 2009 Filing 4099 AFFIDAVIT AND AGREEMENT: Richard Radek makes this Affidavit and Agreement (the "Agreement") to resolve the IRB charges described in paragraph 1 as set forth herein. (Signed by Judge Loretta A. Preska on 6/1/2009) (jpo)
June 3, 2009 Filing 4098 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 135 OF THE INDEPENDENT REVIEW BOARD: This Court hereby acknowledges that Application 135 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 135 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following. (Signed by Judge Loretta A. Preska on 6/3/2009) (jpo)
June 3, 2009 Filing 4097 AFFIDAVIT AND AGREEMENT: Peter Innaurato, makes this Affidavit and Agreement (the "Affidavit and Agreement" (the "Agreement") to resolve the IRB recommended charge described in paragraph, as set forth in this Affidavit and Agreement. (Signed by Judge Loretta A. Preska on 6/1/2009) (jpo)
June 3, 2009 Filing 4096 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND PETER INNAURATO: This Court hereby acknowledges that the Agreement enclosed with Application 136 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 136 with the Clerk of the Court of the Southern District of New York. This court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following, as set forth herein. (Signed by Judge Loretta A. Preska on 6/3/2009) (jpo)
March 27, 2009 Filing 4095 MEMORANDUM OF LAW in Support re: 4094 MOTION for the issuance of a subpoena directing the employees' pension plan of Local Union 726 to Produce Specified Recorods. Document filed by Charles M. Carberry. (djc)
March 27, 2009 Filing 4094 MOTION for the issuance of a subpoena directing the employees' pension plan of Local Union 726 to Produce Specified Records. Document filed by Charles M. Carberry.(djc)
March 13, 2009 Filing 4093 MEMORANDUM OF LAW in Support re: 4092 MOTION for the issuance of Subpoenas directing the Central States Southeast and Southwest areas pension Fund, the The Central States Southeast and Southwest Areas Health and Welfare Fund and the Current and former Actuarial Firms for the Employees. Document filed by Charles M. Carberry. (djc)
March 13, 2009 Filing 4092 MOTION for the issuance of Subpoenas directing the Central States Southeast and Southwest areas pension Fund, the The Central States Southeast and Southwest Areas Health and Welfare Fund and the Current and former Actuarial Firms for the Employees' Pension Plan of Local Union 726 to Produce Specified Records. Document filed by Charles M. Carberry.(djc)
March 12, 2009 CASHIERS OFFICE REMARK on #4080 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/10/2008, Receipt Number 672073. (jd)
February 19, 2009 Filing 4091 MOTION FOR THE ISSUANCE OF SUBPOENAS DIRECTING FRANK VACCARO AND ASSOCIATES, INC AND TRI STATE ADMINISTRATORS, INC TO PRODUCE SPECIFIED RECORDS. Document filed by Charles M. Carberry.(djc)
February 19, 2009 Filing 4090 MEMORANDUM OF LAW in Support re: 4082 MOTION for the issuance of subpoenas directing Frank Vaccaro and Associates, INc and Tri State Administrators, Inc to Produce Specified Records. Document filed by Charles M. Carberry. (djc)
February 17, 2009 Opinion or Order Filing 4089 INJUNCTION ORDER: Plaintiff in DiPilato v. Commonwealth Association of School Administrators (CASA), Local 502, Philadelphia County, Pa. Court of Common Pleas, April Term 2008, No. 3272, is hereby ordered to dismiss that action, with leave to initiate the claim(s) asserted therein in this Court should he wish to proceed. so Ordered (Signed by Judge Loretta A. Preska on 2/14/09) (js)
February 11, 2009 Opinion or Order Filing 4088 MEMORANDUM AND ORDER: Having reviewed the parties' papers on the IBT andLocal 502's 4084 motion to enjoin George DiPilato from seeking monies from Local 502 in any forum other than this Court, the 4084 motion is GRANTED. Counsel shall confer and present a proposed form of injunction no later than February 13, 2009. ORDER granting 4084 Motion. (Signed by Judge Loretta A. Preska on 2/11/09) Copies Mailed by Chambers.(db)
February 2, 2009 Filing 4087 REPLY MEMORANDUM OF LAW in Support re: 4086 Response. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Commonwealth Association of School Administrators (CASA), Local 502. (jmi)
January 26, 2009 Filing 4086 RESPONSE of George Dipilato to The Motion for Injunctive Relief of Defendants International Brotherhood of Teamsters and Commonwealth Association of School Administrators (CASA), Local 502. Document filed by George DiPilato. (jmi)
January 26, 2009 Filing 4085 MEMORANDUM OF LAW in Support re: 4084 MOTION for injunctive relief. Document filed by General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Commonwealth Association of School Administrators (CASA), Local 502. (dle)
January 26, 2009 Filing 4084 INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND COMMONWEALTH ASSOCIATION OF SCHOOL ADMINISTRATORS (CASA), LOCAL 502'S MOTION FOR INJUNCTIVE RELIEF ENJOINING GEORGE DIPILATO FROM SEEKING MONIES FROM LOCAL 502 IN ANY FORUM OTHER THAN THE USDC FOR THE SDNY. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(dle)
January 26, 2009 CASHIERS OFFICE REMARK on #4077 Order on Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 12/29/08, Receipt Number 673468. (Quintero, Marcos)
January 23, 2009 Opinion or Order Filing 4083 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #4080 Motion for Nancy B. G. Lassen to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/22/2009) Copies Mailed By Chambers(jpo) Modified on 1/23/2009 (jpo).
January 23, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: #4083 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo)
January 20, 2009 Filing 4082 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING THE ACCOUNTANT FOR THE BLET GENERAL COMMITTEE OF ADJUSTMENT FOR THE LONG ISLAND RAILROAD TO PRODUCE SPECIFIED RECORDS AND TO APPEAR FOR A SWORN EXAMINATION. Document filed by Charles M. Carberry.(dle)
January 20, 2009 Filing 4081 MEMORANDUM OF LAW in Support re: 4078 MOTION for issuance of subpoenas. Document filed by Charles M. Carberry. (dle)
January 8, 2009 Filing 4079 MEMORANDUM OF LAW in Support re: 4078 Chief Investigator's application for the issuance of subpoenas directing Local 726s accounting firm and the employees pension plan of Local Union 726 to produce specified records.. Document filed by Charles M. Carberry. (pl)
January 8, 2009 Filing 4078 CHIEF INVESTIGATOR'S APPLICATION for the issuance of subpoenas directing Local 726s accounting firm and the employees pension plan of Local Union 726 to produce specified records. Document filed by Charles M. Carberry.(pl)
January 6, 2009 Opinion or Order Filing 4077 ORDER FOR ADMISSION OF JOHN W. MORRIS PRO HAC VICE: John W. Morris is admitted to practice pro hac vice as counsel for George DiPilato in this case in the USDC for the SDNY as further set forth in this order. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Loretta A. Preska on 1/6/09) (dle)
January 6, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: #4077 Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle)
December 29, 2008 Filing 4076 MOTION for John W. Morris to Appear Pro Hac Vice. Document filed by George DiPilato.(ae)
December 10, 2008 Filing 4080 MOTION for Nancy Lassen to Appear Pro Hac Vice. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO.(dle)
December 5, 2008 Opinion or Order Filing 4075 MEMO ENDORSED ON ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 134 OF THE INDEPENDENT REVIEW BOARD: ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 11/26/08) Copies faxed to Counsel.(js)
December 5, 2008 Opinion or Order Filing 4074 MEMO ENDORSED ON AFFIDAVIT AND AGREEMENT: I make this Affidavit and Agreement ("the Agreement") to resolve the charges described in paragraph 1. This Agreement does not constitute a admission or denial of the charges. ENDORSEMENT: So Ordered (Signed by Judge Loretta A. Preska on 11/26/08) (js)
November 26, 2008 DECLARATION of Danna Drori in Opposition re: Defendants motion to dismiss the Second Amended Notice to Charge. (orig. docketed in 07cr. Misc.01) Document filed by United States of America. (pl)
November 26, 2008 Filing 4073 MEMORANDUM OF LAW in Opposition to Defendant's Motion to Dismiss the Second Amended Notice of Charge. Document filed by United States of America. (djc)
November 20, 2008 Opinion or Order Filing 4072 MEMO ENDORSEMENT re: AFFIDAVIT AND AGREEMENT of Robert A. Hogan. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/2/08) (db)
November 13, 2008 Filing 4071 MEMORANDUM OF LAW in Support re: 4070 MOTION FOR THE ISSUANCE OF SUBPOENAS DIRECTING LOCAL 726'S ACCOUNTING FIRM AND ELECTION OFFICER TO PRODUCE SPECIFIED RECORDS. (djc)
November 13, 2008 Filing 4070 Chief Investigator's Application/Motion for the issuance of Subpoenas Directing Local 726's Accounting Firm and Election Officer to Produce Specified Records. Attached is Zahner Declaration(djc)
November 3, 2008 Opinion or Order Filing 4069 ENDORSED LETTER addressed to Judge Loretta A. Preska from Thomas P. Clair dated 11/3/08 re: Counsel writes to advise the Court that Local 726 will fully comply with the Courts order to maintain the ballots from the November 4, 2007 Local 726 Officers election until such time as any legal challenges have been resolved. ENDORSEMENT: In light of the above, it is hereby ordered, without objection, that IBT Local 726 maintain the ballots from the November 4, 2007 Local 726 officers election in a safe and secure place until all IBT appeals and court actions concerning that election are exhausted. (Signed by Judge Loretta A. Preska on 11/3/08) Copies Faxed By Chambers.(mme) Modified on 11/17/2008 (mme).
November 3, 2008 Filing 4068 Chief Investigator's Memorandum of Law in Support of the Independent Review Board's Application 131 - in the Matter of Don M. Hahs. (djc)
November 3, 2008 Opinion or Order Filing 4067 ENDORSED LETTER addressed to Judge Loretta A. Preska from Thomas P.Clair dated 11/3/08 re: I am writing to advise you that Local 726 will fully comply with your order to maintain the ballots from the November 4, 2007 Local 726 officers election until such time as any legal challenges have been resolved. I would note for the record that the reference in your order to "the relief requested in item #10 of the 10/28 letter" appears to be an error, since item #10 of Mr. Tenuto's letter referred to Local 726' s request for an extension of time to the IRS. ENDORSEMENT: In light of the above, it is hereby ordered, without objection that IBT Local 726 maintain the ballots from the November 4, 2007 Local 726 Officers Thomas P. Clan election in a safe and secure place until all IBT appeals and court actions concerning that election are exhausted. (Signed by Judge Loretta A. Preska on 11/3/08) Copies Faxed & ECF by Chambers.(pl)
October 31, 2008 Opinion or Order Filing 4066 ENDORSED LETTER addressed to Judge Loretta A. Preska from Vince Tenuto dated 10/28/2008 re: Requesting that the Court order an Independent Review Board audit of the Local Unions' books. ENDORSEMENT: The above letter dated October 28, 2008 from Mr. Tenuto (the 10/28 letter) having been filed ex parte (together with over 100 pages of attachments) and having requested emergency relief by November 4, 2008, it is hereby ordered that: 1. The 10/28 letter letter shall be docketed. 2. The attachments shall be maintained in chambers for review by any interested party. 3. Telephone notice will be given by Chambers to the IBT General Counsel, the Government, the Chief Investigator and the Administrator. 4. The IBT General shall immediately give notice to IBT Local 726. 5. Any party opposing the relief requested at item 10 of the 10/28 letter, viz., that IBT Local 726 maintain the ballots from the November 4, 2007 Local 726 Officers election in a safe and secure place until all IBT appeals and Court actions concerning irregulations and violations of the rules in the conduct of that election are exhausted, so inform the Court by letter no later than November 3 at noon by fax (212- 805-7941) and state the reasons for such opposition. (Signed by Judge Loretta A. Preska on 10/31/2008) (jpo)
October 27, 2008 Filing 4065 ENDORSED LETTER addressed to Judge Loretta A. Preska from Anthony Smith dated 10/18/08 re: Anthony Smith refers to his case which was upheld with the California Labor Standards Enforcement. Mr. Smith asks that Your Honor write a letter to this Van Nuys, California Office in hopes that he may get his job back. ENDORSEMENT: The Court is not able to grant Mr. Smith's requests. (Signed by Judge Loretta A. Preska on 10/26/08) (tro)
October 20, 2008 Filing 4064 Objections of Don Hahs To Application 131 of the Independent Review Board. (cd)
October 20, 2008 Opinion or Order Filing 4062 ENDORSED LETTER addressed to Judge Loretta A. Preska from Alan R. Kaufman dated 10/16/08 re: this letter is jointly submitted by the government and Mr. Hogan's counsel.The government and I have agreed on the following schedule for submitting supplemental papers, subject to the Court's approval - - defense submission by November 5, 2008; government response by November 26, 2008, defense reply, if any, by December 8, 2008. Once fully submitted, the parties request that there be oral argument. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/17/08) (pl)
October 15, 2008 Filing 4063 Second Amended Notice of Charge. Document filed by United States of America. (pl)
October 15, 2008 Filing 4061 DECLARATION of Lisa Zornberg in Support of the Government's applicaiton for an order to show Cause why William T. Hogan, Jr. should not be adjudged in criminal contempt.. Document filed by United States of America. (pl)
October 15, 2008 Filing 4060 SUPPLEMENTAL MEMORANDUM OF LAW in Support of the Government's application for an order to show Cause why William T. Hogan, Jr. should not be adjudged in criminal contempt. Document filed by United States of America. (pl) Modified on 10/20/2008 (pl).
September 22, 2008 Opinion or Order Filing 4059 ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan Gragel dated 9/18/08 re: Request for an extension of time to file objections to the Application 131 from 9/18/08 until 10/18/08. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 9/22/08) (cd) Copies sent by chambers
September 10, 2008 Filing 4058 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 133 OF THE INDEPENDENT REVIEW BOARD: This Court hereby acknowledges that Application 133 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 133 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., Robert S. Harrison, Esq., and Robert Costello, Esq. (Signed by Judge Loretta A. Preska on 9/3/2008) (jfe)
September 10, 2008 Filing 4057 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 131 OF THE INDEPENDENT REVIEW BOARD: This Court hereby acknowledges that Application 131 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 131 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., and Susan L. Gragel, Esq. (Signed by Judge Loretta A. Preska on 9/3/2008) (jfe) Modified on 10/15/2008 (jfe).
September 10, 2008 Filing 4056 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND CHRIS LANSER: This Court hereby acknowledges that the agreement enclosed with application 132 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 132 with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr., and Mr. Sylvester Needham. (Signed by Judge Loretta A. Preska on 9/3/2008) (jfe) Modified on 10/15/2008 (jfe).
September 4, 2008 Opinion or Order Filing 4055 ORDER: It is hereby Ordered that should Respondent Don Hahs or the International Brotherhood of Teamsters wish to file objections to said Application, such objections must be in writing and filed with the Court and served on the Government, the Office of the Chief Investigator, IRB no later than ten business days from the date hereof. It is further Ordered that in the event any such objections are files, any response to said objections must be in writing and filed with the Court and served on Respondent Don Hahs and IBT no later than 10 business days of receipt of said objections. It is further ordered that Courtesy copies of all papers shall be sent to Chambers on the same day they are filed. (Signed by Judge Loretta A. Preska on 9/3/2008) Copies Mailed By Chambers.(jfe)
September 4, 2008 Opinion or Order Filing 4054 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of Chris Lanser. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 9/2/08) (jfe)
August 13, 2008 Transmission of Notice of Appeal to the District Judge re: 4053 Notice of Appeal. (tp)
August 13, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 4053 Notice of Appeal. (tp)
August 12, 2008 Filing 4053 NOTICE OF APPEAL from #4052 Memorandum & Opinion. Document filed by Francis Gillen. Filing fee $ 455.00, receipt number E 659725. Copies mailed to attorney(s) of record: International Brotherhood of Teamsters; Independent Review Board; International Review Board; and A.U.S.A. (tp)
July 14, 2008 Opinion or Order Filing 4052 MEMORANDUM AND ORDER For the reasons et forth in this order, application 128 is granted, and the IRBs not adequate finding with respect to the charge against Francis J. Gillen is upheld. (Signed by Judge Loretta A. Preska on 7/14/08) Copies Mailed By Chambers.(mme)
July 1, 2008 Filing 4051 MEMORANDUM OF LAW in Support re: 4050 MOTION for an order for the issuance of a subpoena directing International Longshoreman's Asso9ciation ("ILA"), Local No. 2052 to produce certain business records. MOTION for an order for the issuance of a subpoena directing International Longshoreman's Asso9ciation ("ILA"), Local No. 2052 to produce certain business records.. Document filed by Charles M. Carberry. (pl)
July 1, 2008 Filing 4050 MOTION for an order for the issuance of a subpoena directing International Longshoreman's Association ("ILA"), Local No. 2052 to produce certain business records, w/ attched. Declaration in support. Document filed by Charles M. Carberry.(pl) Modified on 7/2/2008 (pl).
June 5, 2008 Opinion or Order Filing 4049 SCHEDULING ORDER: Oral Argument set for 7/3/2008 at 09:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 6/4/2008) Copies Sent By Chambers.(tve)
May 19, 2008 Filing 4048 MEMORANDUM OF LAW in Support of Chief Investigator's application for issuance of subpoenas. Document filed by Charles M. Carberry. (dle)
May 19, 2008 Filing 4047 CHIEF INVESTIGATOR'S APPLICATION FOR THE ISSUANCE OF SUBPOENAS DIRECTING TWO FORMER IBT INVESTIGATORS TO APPEAR FOR SWORN EXAMINATIONS. Document filed by Charles M. Carberry.(dle)
May 19, 2008 CASHIERS OFFICE REMARK on #4046 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 5/13/08, Receipt Number 650480. (Quintero, Marcos)
May 13, 2008 Filing 4046 MOTION for Paul L. Knight to Appear Pro Hac Vice. Document filed by Francis Gillen.(dle)
April 2, 2008 Opinion or Order Filing 4045 ENDORSED LETTER addressed to Judge Loretta A. Preska from Alan Kaufman dated 4/1/08 re: Request to file a Reply Memo of more than 10 pages, (about 14 pages). ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/2/08) (cd)
April 2, 2008 Filing 4044 REPLY MEMORANDUM OF LAW on behalf of William T. Hongan, JR. Document filed by William T. Hogan, Jr. (jmi)
March 31, 2008 Opinion or Order Filing 4043 ENDORSED LETTER addressed to Judge Loretta A. Preska from Alan R. Kaufman dated 3/25/08 re: Counsel for Mr. Hogan requests that the due date for the submission of their reply papers be extended one week, from 3/26/08 to 4/2/08. ENDORSEMENT: SO ORDERED. ( Replies due by 4/2/2008.) (Signed by Judge Loretta A. Preska on 3/28/08) Copies Mailed By Chambers. (tro)
March 31, 2008 Opinion or Order Filing 4042 ENDORSED LETTER addressed to Judge Loretta A. Preska from Wendy H. Waszmer dated 3/26/08 re: Counsel for the U.S., along with Asst. U.S. Attorneys Beth E. Goldman and Danna Drori, request an extension of time from 3/27/08, until 4/10/08, to submit a letter in connection with Application 128 of the Independent Review Board concerning disciplinary action taken against Francis J. Gillen, a member of Local 500 in Philadelphia, PA. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/28/08) Copies Mailed By Chambers.(tro)
March 27, 2008 Filing 4041 MEMORANDUM OF LAW in Support re Application 128 of the Independent Review Board, in the Matter of Francis J. Gillen. Document filed by Charles M. Carberry. (cd)
March 7, 2008 Opinion or Order Filing 4038 ENDORSED LETTER addressed to Judge Loretta A. Preska from Andrew S. Hoffman dated 3/7/08 re: Counsel for Respondent Francis J. Gillen request that the Court grant an additional time to file their response to the IRB's application to enforce its decision until 3/10/08. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/7/08) Copies Faxed By Chambers.(tro)
March 7, 2008 Opinion or Order Filing 4037 ENDORSED LETTER addressed to Judge Loretta A. Preska from Alan R. Kaufman dated 3/7/08 re: Counsel on behalf of Mr. Hogan requests that any reply papers to be submitted in response to the government's Memorandum dated 3/5/08 shall be served and filed by 3/26/08. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/7/08) (tro) Copies Faxed By Chambers.
March 5, 2008 Filing 4040 DECLARATION of Danna Droro in Opposition to Defendant's Motion to Dismiss the Notice of Charge. Document filed by United States of America. (djc)
March 5, 2008 Filing 4039 MEMORANDUM OF LAW in Opposition to Defendant's Motion to Dismiss. Document filed by United States of America. (djc)
February 29, 2008 Opinion or Order Filing 4036 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 2/27/08 re: Counsel for the Government request an additional short extension to March 5, 2008 to file its brief in opposition to Hogan's motion to dismiss.. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 2/28/08) (js)
February 27, 2008 Filing 4035 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 130 OF THE INDEPENDENT REVIEW BOARD: This Court hereby acknowledges that Application 130 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has cause to be filed the original documents concerning Application 130 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has bee forwarded to the addresses listed herein. (Signed by Judge Loretta A. Preska on 2/27/08) (tro)
February 27, 2008 Opinion or Order Filing 4034 MEMO ENDORSEMENT on AFFIDAVIT AND AGREEMENT of John Clancy. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/27/08) (tro)
February 25, 2008 Opinion or Order Filing 4033 MEMORANDUM AND ORDER granting 4018 Motion. For reasons further set forth in said Order, the 4018 Sanction imposed against Jackson by the IBT and found "not adequate" by the IRB is AFFIRMED. (Signed by Judge Loretta A. Preska on 2/25/08) (db)
February 21, 2008 Opinion or Order Filing 4032 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 2/20/08 re: Request for an adjournment of time to 2/28/08 for the Government's deadline to file its brief in opposition to Hogan's motion to dismiss. ENDORSEMENT: So ordered. Set Deadlines/Hearing ( Response due by 2/28/2008) (Signed by Judge Loretta A. Preska on 2/20/08) (cd).
February 14, 2008 Opinion or Order Filing 4031 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 2/12/08 re: Counsel for the Government request a one-week adjournment of the Government's deadline to file its brief in opposition to Hogan's motion to dismiss, from 2/14/08 until 2/21/08. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/13/08) (tro)
February 11, 2008 Opinion or Order Filing 4030 ENDORSED LETTER addressed to Judge Loretta A. Preska from Andrew S. Hoffmann dated 1/7/08 re: Counsel for respondent Francis J. Gillen request that the Court grant an additional extension of their time to file their papers in this matter until 3/7/08. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/7/08) (tro)
February 6, 2008 Filing 4029 Election Supervisor's Report NO. 5 to the Court 2005-2006 IBT Election. Document filed by International Brotherhood of Teamsters Election Supervisor. (djc) Modified on 2/6/2008 (djc).
January 28, 2008 Opinion or Order Filing 4027 ENDORSED LETTER addressed to Judge Loretta A. Preska from Beth Goldman dated 1/24/08 re: Request for an extension of time from 1/25/08, to 1/31/08, to submit a letter in connection with Application 129 of the Independent Review Board. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 1/28/08) (cd)
January 25, 2008 Filing 4028 Chief Investigator's MEMORANDUM OF LAW in Support of the Independent Review Board's Application 129 - in the Matter of James D. Jackson. (djc) Modified on 1/31/2008 (djc).
January 15, 2008 Filing 4026 Objection re: 4020 Order. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (jmi)
December 27, 2007 Opinion or Order Filing 4024 MEMORANDUM AND ORDER denying 4015 Motion for the issuance of subpoenas. Counsel shall confer and inform the Court by letter no later than 1/7/08, of how they propose to proceed. (Signed by Judge Loretta A. Preska on 12/26/07) (cd)
December 27, 2007 Opinion or Order Filing 4023 ORDER: Application No. 127 is granted. (Signed by Judge Loretta A. Preska on 12/26/07) Copies Mailed By Chambers. (tro)
December 10, 2007 Filing 4025 NOTICE OF APPEARANCE by Hugh M. Davis on behalf of James D. Jackson. (jco)
December 7, 2007 Opinion or Order Filing 4022 ENDORSED LETTER addressed to Judge Loretta A. Preska from Hugh M. Davis dated 12/5/07 re: a request for a thirty day extension within which to file respondent Jackson's papers to the IRB's filing. ENDORSEMENT: SO ORDERED (Signed by Judge Loretta A. Preska on 12/7/07) Copies faxed by chambers on 12/7/07.(kco)
November 27, 2007 Opinion or Order Filing 4020 ORDER that should Respondent James D. Jackson or the International Brotherhood of Teamsters wish to file objections to said Application, such objections must be writing and filed with the Court an served on the Government, the Office of the Chief Investigator, IRB no later than ten business days from the date hereof; and IT IS FURTHER ORDERED that in the event any such objections are filed, any response to said objections must be writing and filed with the Court and served on Respondent James D. Jackson and the IBT no later than ten business days of receipt of said objections; and IT IS FURTHER ORDERED that courtesy copies of all papers shall be sent to Chamber on the same day they are filed. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/26/2007) Copies Mailed By Chambers.(jmi)
November 26, 2007 Filing 4021 AFFIDAVIT AND AGREEMENT: I hereby agree that effective on 11/13/2006, I resigned from membership in Local 502 and the IBT. It was as is my intention that my resignation from Local 502 and the IBT be permanent and unconditional. I further agree that from and after the effective date of my resignation I shall not seek or accept elected or appointed office in employment by Local 502 in any capacity, nor shall I have any involvement or participation whatsoever in any of the activities or affairs of Local 502 or the IBT. Within five (5) business days after the effective date of this Agreement, I agree to pay $22,452.63 to Local 502 as restitution for the funds and property IRB alleged were received improperly and converted to my own use and the use of others. (Signed by Judge Loretta A. Preska on 11/21/2007) Copies mailed by chambers. (jar)
November 19, 2007 Filing 4019 RESPONDENT'S REPLY TO OPPOSITIONS TO MOTION FOR LEAVE TO ISSUE SUBPOENAS. (pl)
November 14, 2007 Filing 4018 Application 129 of The Independent Review Board - - in The Matter of James D. Jackson for ruling by the Honorable Loretta A. Preska on the issues heard by te International Brotherhood of Teamsters during a hearing on 4/5/07 and thereafter determined, on the IRB-recommended charge filed against Local 299 member James D. Jackson.(dle)
November 8, 2007 Filing 4017 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 129 OF THE INDEPENDENT REVIEW BOARD: this Court acknowledges that Application 129 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning application 129 of the IRB with the Clerk of the Court for the S.D.N.Y. (Signed by Judge Loretta A. Preska on 11/8/07) (kco)
November 2, 2007 Filing 4016 MEMORANDUM OF LAW in Support re: 4015 MOTION Chief Investigators Application for the issuance of a subpoena directing the production of certain telephone numbers. (pl)
November 2, 2007 Filing 4015 Chief Investigators Application for the issuance of a subpoena directing the production of certain telephone numbers.(pl)
October 26, 2007 Opinion or Order Filing 4014 ORDER APPLICATION NO. 128: The Court, on its own motion, hereby vacates the portion of its Order [dkt. no. 4013] granting Respondent Francis Gillen's motion for leave to issue subpoenas to the IBT and Other entities [dkt. no. 4009]. (Signed by Judge Loretta A. Preska on 10/26/07) Copies mailed by chambers. (dle) Modified on 10/29/2007 (Lewis, Diahann).
October 23, 2007 Opinion or Order Filing 4013 ORDER granting 4009 Motion for leave to issue subpoenas to the IBT and other entities. Upon consideration of Francis J. Gillen's motion for leave to issue subpoenas to the IBT and other entities, and any opposition filed, all the facts and circumstances of this matter, and the Court being fully aware of the premises therein, it is on this 22nd day of October, 2007, hereby ORDERED that the motion be, and hereby is GRANTED. It is further ORDERED that Respondent may serve subpoenas on the International Brotherhood of Teamsters in the form and manner approved by the Court. (Signed by Judge Loretta A. Preska on 10/22/07) Copies Mailed By Chambers. (tro)
October 19, 2007 Filing 4012 Respondent Francis J. Gillen's MEMORANDUM OF LAW in Support re: 4010 MOTION for leave to issue subpoenas to the IBT and Other Entities. (djc)
October 19, 2007 Filing 4011 DECLARATION of Andrew S. Hoffmann in Support re: 4010 MOTION for leave to issue subpoenas to the IBT and Other Entities. (djc)
October 19, 2007 Filing 4010 Respondent Francis J. Gillen's MOTION for leave to issue subpoenas to the IBT and Other Entities. (djc) Modified on 10/24/2007 (Clark, Dolores).
October 19, 2007 Filing 4009 MOTION for leave to issue subpoenas to the IBT; and MOTION for Extension of Time to File objections to Application 128. (document filed by Respondent Francis J. Gillen) (djc) Modified on 10/24/2007 (Clark, Dolores).
October 17, 2007 Opinion or Order Filing 4008 ENDORSED LETTER addressed to Judge Loretta Preska from Andrew S. Hoffman dated 10/16/07 re: Respondent Francis J. Gillen requests that the time for filing their objections to Application No. 128 of the Independent Review Board be extended through this Friday, 10/19/07. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/16/07) (pl)
October 5, 2007 Opinion or Order Filing 4007 MEMORANDUM AND ORDER - APPLICATION NO. 125: for reasons further set forth in said Order, the IRB's decision is affirmed in all respects. (the Court GRANTS Application No. 125.) (Signed by Judge Loretta A. Preska on 10/3/07) Copies Mailed by Chambers.(db)
October 2, 2007 Opinion or Order Filing 4006 ORDER: Whereas, the Court has receievd Application No. 128 of the Independent Review Board("IRB") concerning the penalties that the IRB imposed against Respondent Francis J. Gillen. IT IS HEREBY ORDERED that should respondent Francis J. Gillen or the International Brotherhood of Teamsters ("IBT") wish to file objections to said Application, such objections must be in writing and filed with the Court and served on the Government, the Office of the Chief Investigator, IRB no later that ten business days of the date hereof; and IT IS FURTHER ORDERED that in the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on Respondent Francis J. Gillen and the IBT no later than 10 business days of receipt of said objections; and IT IS FURTHER ORDERED that courtesy copies of all papers shall be sent to Chambers on the same day they are filed. (Signed by Judge Loretta A. Preska on 10/1/7) Copies Mailed By Chambers.(laq)
October 2, 2007 Filing 4005 MOTION for ruling by the Honorable Loretta A. Preska on the issues heard by the International Brotherood of Teamsters during a hearing on July 11, 2007, and thereafter determined, on the IRB-recommended charge filed against International Vice President, Joint Council 53 President, Local 500 President and Pennsylvania Conference of Teamsters PResient Francis J. Gillen. (djc)
September 24, 2007 Opinion or Order Filing 4004 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 9/19/07 re: Request for an adjournment of the deadline for Hogan to file his motion to dismiss, from 10/1 until 11/1/07. ENDORSEMENT: So ordered.Motion due by 11/1/2007. (Signed by Judge Loretta A. Preska on 9/19/07) (cd)
September 10, 2007 Opinion or Order Filing 4003 ENDORSED LETTER addressed to Judge Loretta A. Preska from Alan Kaufman dated 8/30/07 re: counsel for Mr. Hogan requests that the motion schedule be adjusted by two weeks so that dft's motions are due 10/1/07, the government's response by 11/2/07 and dft's reply by 11/19/07. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 9/7/07) (dle)
August 9, 2007 Opinion or Order Filing 4002 MEMORANDUM AND ORDER APPLICATION NO. 121: The IRB's decision is affirmed in all respects, and Application 121 is granted. (Signed by Judge Loretta A. Preska on 8/7/07) Copies Mailed By Chambers.(tro)
July 23, 2007 Opinion or Order Filing 4001 ORDER: Should Respondent Edmund Burke or the International Brotherhood of Teamsters (IBT) wish to file objections to said Application, such objections must be in writing and filed with the Court and served on the Govt, the office of the Chief Investigator, Independent Review Board no later than 10 business days from the date hereof. In the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on Respondent Edmund Burke and the IBT no later tan ten business days of receipt of said objections. (Signed by Judge Loretta A. Preska on 7/19/2007) Copies mailed by chambers. (jar)
July 12, 2007 Filing 4000 MEMORANDUM OF LAW in Support re: 3999 MOTION for the issuance of a subpoena directing Former Blet Building Manager, Michael Loomis to Appear for a Sworn Examination. (djc)
July 12, 2007 Filing 3999 MOTION for the issuance of a subpoena directing Former Blet Building Manager, Michael Loomis to Appear for a Sworn Examination. Attached is Declaration of Linda H. Chan. (djc)
July 10, 2007 Filing 3998 MEMORANDUM OF LAW in Support re: 3997 MOTION Chief Investigatio's Application for the Issuance of a Subpoena Directing the Indiana Bureau of Motor Vehicles to Produce Specified Records regarding Local 135 Behicles. Document filed by Charles M. Carberry. (tro)
July 10, 2007 Filing 3997 MOTION for an Order, that this Court issue a Subpoena Directing the Indiana Bureau of Motor Vehicles to produce specified records regarding Local 135 Vehicles no later than July 31, 2007. Document filed by Charles M. Carberry.(tro)
July 3, 2007 Opinion or Order Filing 3996 ORDER: Should Respondent Joseph Pirro or the International Brotherhood of Teamsters (IBT) wish to file objections to said application, objections must be in writing and filed with the Court and served on the Govt, the Office of the Chief Investigator, IBT by 10 business days from the date. In the event any objections are filed, any response to objections must be in writing and filed with the Court and served on Respondant and the IBT by 10 business days of said objections. (Signed by Judge Loretta A. Preska on 6/29/2007) Copies mailed by chambers.(jar)
July 3, 2007 Filing 3995 ACKNOWLEDGMENT OF RECEIPT OF THE OPINION AND DECISION OF THE INDEPENDANT REVIEW BOARD; this Court acknowledges that the Opinion and Decision of the IRB of Application 127 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court. (Signed by Judge Loretta A. Preska on 6/29/07) (kco)
May 8, 2007 Opinion or Order Filing 3994 ORDER that should Respondent George DiPilate or the International Brotherhood of Teamsters wish to file objections to said Application, such objections must be in writing and filed with the Court no later than ten business days from the date hereof; and IT IS FURTHER ORDERED THAT in the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on Respondent George DiPilate and the IBT no later than ten bussiness days of receipt of said objections; and IT IS FURTHER ORDERED THAT courtesy copies of all papers shall be sent to Chambers on the same day they are filed. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/7/2007) (jmi)
April 27, 2007 Filing 3993 MEMORANDUM OF LAW in Support re: 3992 MOTION issuance of subpoenas directing the production of certain telephone records... (djc)
April 27, 2007 Filing 3992 MOTION issuance of subpoenas directing the production of certain telephone records. Attached is Chan Declaration. (djc) Modified on 4/30/2007 (Clark, Dolores).
March 29, 2007 Filing 3991 MEMORANDUM OF LAW in Support re: 3990 MOTION for the issuance of subpoenas directing eight companies with collective bargaining agreements with Local 714 to Produce Specified Records. (djc)
March 29, 2007 Filing 3990 The Chief Investigator's MOTION for the issuance of subpoenas directing eight companies with collective bargaining agreements with Local 714 to Produce Specified Records. Attached is Zahner Declaration. (djc)
March 26, 2007 Filing 3989 MEMO ENDORSEMENT: Acknowledgment of receipt of application 126 if the independent review board. (Signed by Judge Loretta A. Preska on 3/23/2007) (jmi)
March 20, 2007 Filing 3988 MEMORANDUM OF LAW in Support re: 3987 MOTION.. (cd)
March 20, 2007 Filing 3987 MOTION by the Chief Investigator's Application for the Issuance of a Subpoena Directing Cingular Wireless To Produce Specified Telephone Records...(cd)
March 15, 2007 Filing 3986 TRANSCRIPT of proceedings held on 1/16/07 before Judge Loretta A. Preska. (tro)
February 28, 2007 Filing 3985 MEMORANDUM OF LAW in Support of Chief Investigator's Application for the Issuance of Two Subpoenas Directing The Production of Certain Telephone Records. re: 3984 MOTION.. (rag)
February 28, 2007 Filing 3984 CHIEF INVESTIGATOR'S APPLICATION For The Issuance of Two Subpoenas Directing Verizon and Cellco Partnership DBA Verizon Wireless to Produce Records..(rag)
February 7, 2007 Filing 3983 ELECTION SUPERVISOR'S REPORT No. 4 to the Court. (jar)
January 18, 2007 Filing 3982 MEMORANDUM OF LAW in Support re: 3981 MOTION the issuance of a subpoena directing Kloster Steel Corporation, A Company with a collective bargaining agreement with local 714, to produce specified records. Document filed by Charles M. Carberry. (jco)
January 18, 2007 Filing 3981 MOTION for the issuance of a subpoena directing Kloster Steel Corporation, a company with a collective bargaining agreement with local 714, to produce specified records. Document filed by Charles M. Carberry.(jco)
January 17, 2007 Opinion or Order Filing 3980 ENDORSED LETTER addressed to Judge Loretta A. Preska from Bradley T. Raymond dated 1/16/07 re: IBT requests that it be permitted to submit a brief letter to the Court in connection with application 125 of the Independent Review Board on or before January 31, 2007. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 1/16/07) (js)
January 17, 2007 Opinion or Order Filing 3979 ORDER: APPLICATION No. 122: It is hereby ordered that Application No. 122 [docket entry no. 3925] of the IRB is GRANTED, and the IRB's decision is entered as an order of the Court. (Signed by Judge Loretta A. Preska on 1/16/2007) Copies Mailed By Chambers.(lb)
January 11, 2007 Filing 3978 Chief Investigator's MEMORANDUM OF LAW in Support of the Independent Review Board's Application 125 - in the Matter of Jerry Vincent. (djc, )
January 10, 2007 Opinion or Order Filing 3977 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 1/9/07 re: counsel for dfts request an extension of time from 1/11/07 until 1/31/07 to submit a letter in connection with Application 125 of the IRB. So Ordered. (Signed by Judge Loretta A. Preska on 1/9/07) (dle, )
December 21, 2006 Filing 3976 Objection of Jerry Vincent To Application 125 Of The Independent Review Board. (rw, )
December 14, 2006 Opinion or Order Filing 3975 SCHEDULING ORDER: Oral Argument set for 1/16/2007 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 12/12/06) (pl, )
December 12, 2006 Opinion or Order Filing 3974 ORDER that should Respondent Jerry Vincent or the Inernational Brotherhood of Teamsters ("IBT") wish to file objections to said Application, such objections must be in writing and filed with the Court and served on the Government, the Office of the Cheif Investigator, IRB no later than ten business days from the date hereof; and It is further Ordered that in the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on Respondent Jerry Vincent and the IBT no later than ten busniness days of receipt of said objection; and It is further Order that courtesy copies of all papers shall be sent to chambers on the same day they are filed. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/11/2006) (jmi, )
December 12, 2006 Opinion or Order Filing 3973 ORDER that should respondent D'Angelo or the International Brotherhood of Teamsters ("IBT");and served on the Government, the Office of the Cheif Investigator, TRB, [and the Administrator, IRB,] no later than ten business days from the date hereof; and It is further Ordered that in the event any such objections are filed, and served on Respondent D'Angelo and the IBT of receipt of said objects; and It is further Order that courtesy copies of all papers shall be sent to chambers on the same day they are filed. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/11/2006) (jmi, )
November 28, 2006 Filing 3972 MEMORANDUM OF LAW of The Chief Investigator in Support re: 3971 MOTION to Produce. (jco, )
November 28, 2006 Filing 3971 MOTION for an Order to issue a subpoena directing Sprint/Nextel Communications Inc. to produce to the Chief Investigator no later than 12/29/06, all subscriber information, billing statements, toll records showing outgoing calls, outgoing call numbers, incoming call numbers, point to point calls, LUDs and MUDs for the billing periods covering any part of the period from 1/1/03 to the present for telephone no. (313) 218-9645, a cellular telephone number assigned to James D. Jackson. (jco, )
November 13, 2006 Filing 3970 Election Supervisor's Report No. 3 To the Court, by Richard W. Mark. (cd, )
October 26, 2006 Filing 3967 ACKNOWLEDGMENT OF SERVICE of Opinion and Decision of the IRB of Application 124 of the Independent Review Board served on U.S. District Court on 10/24/06; and a copy of the acknowledgement has been forwarded to the following: John J. Cronin..; and Stephen D. Hans...; (djc, )
October 25, 2006 Filing 3969 Opinion and Decision of the Independent Review Board; (volumes I and II (djc, ) Modified on 10/26/2006 (djc, ).
October 25, 2006 Filing 3968 MOTION for ruling by the Honorable Loretta A. Preska on the issues heard by the IRB during a Hearing on April 19, 2006 and thereafter determined, on the charges filed against Robert D'Angelo, a member of IBT Local 813. (djc, )
September 22, 2006 Filing 3966 MEMORANDUM OF LAW in Support re: 3965 MOTION issuance of subpoenas directing 11 telephone complanies to produce subscriber information.. Document filed by Charles M. Carberry. (cd, )
September 22, 2006 Filing 3965 MOTION for the issuance of subpoenas directing 11 telephone companies to produce subscriber information. Document filed by Charles M. Carberry. (cd, )
September 8, 2006 Filing 3964 MEMORANDUM OF LAW in Support re: 3963 MOTION for the isuance of Subpoenas Directing Nextel Communications and Ameritech-IL to Produce Specific Telephone Records;.. (djc, )
September 8, 2006 Filing 3963 Chief Investigator's MOTION for the isuance of Subpoenas Directing Nextel Communications and Ameritech-IL to Produce Specific Telephone Records; Attached is Zahner Declaration. (djc, )
September 6, 2006 Filing 3962 REPLY Brief in Support of John Kikes' Objections to Application NO. 121 of the Independent Review Board. (djc, )
August 25, 2006 Filing 3961 MOTION for the issuance of subpoenas directing Devon International Group, Devon It, Inc., Devon Health Services, Inc and MMO Partners to Produce Specified Records. Attached is Zahner Declaration. (djc, )
August 25, 2006 Filing 3960 MEMORANDUM OF LAW in Support of the Chief Investigator's Application for the Issuance of Subpoenas Directing Devon International Group, Devon It, Inc., Devon Health Services, Inc. and MMO Partners to Produce Specified Records. (djc, )
August 25, 2006 Opinion or Order Filing 3959 MEMORANDUM AND ORDER: for reasons further set forth in said Order, TDU's application for relief with respect to the Supplemental Rules for distributing the recording of the International Officer Candidate Forum is DENIED. (Signed by Judge Loretta A. Preska on 8/23/06) (db, )
August 21, 2006 Filing 3958 Chief Investigator's Application for the Issuance of a Subpoena Directing Nextel Communication to Produce Records. Document filed by Charles M. Carberry. (jmi, )
August 21, 2006 Filing 3957 MEMORANDUM OF LAW in Support re: 3935 MOTION Application for the Issuance of Subpoenas directing the production of certain telephone records.. Document filed by Charles M. Carberry. (jmi, )
August 18, 2006 Opinion or Order Filing 3956 ORDER: It is hereby ordered pursuant to the Court's power under the All Writs Act, 28 USC 1651, that the Paris Hotel in Las Vegas, Nevada, shall provide to the 2006 IBT Election Supervisor no later than 8/22/2006, a copy of the video recording of the time and place of the incident that occured on 7/27/2006 and is the subject of a pre-election protest. (Signed by Judge Loretta A. Preska on 8/15/2006) (lb, )
August 15, 2006 Filing 3953 Application 123 of the Independent Review Board--Agreement Between The Independent Review Board and Edmund Burke. (cd, )
August 14, 2006 Filing 3955 MEMORANDUM OF LAW in Support re: 3954 MOTION.. Document filed by Charles M. Carberry. (cd, )
August 14, 2006 Filing 3954 MOTION for the issuance of subpoenas directing production of specified records. Document filed by Charles M. Carberry. (cd, )
August 1, 2006 Filing 3952 LETTER addressed to Judge Preska from Dana Drori dated 7/28/06 re: Government reuests that the court apporve the enclosed sitp and order modifying Paragraph 12(D) of the March 14, 1989 consent Decree in the above-referenced matter...;. Document filed by United States of America.(djc, )
August 1, 2006 Opinion or Order Filing 3951 STIPULATION AND ORDER MODIFYING PARAGRAPH 12(D) OF THE MARCH 14, 1989 CONSENT DECREE (Signed by Judge Loretta A. Preska on 7/31/06) (jco, )
July 28, 2006 Filing 3950 ELECTION SUPERVISOR'S REPORT No. 2 TO THE COURT. July 2006. (rag, )
July 28, 2006 Filing 3949 ELECTION SUPERVISOR'S REPORT NO.1 TO THE COURT February 2006. (rag, )
July 20, 2006 Opinion or Order Filing 3948 ORDER: It is hereby ordered that the Attorney General's reappointment of Mr. Civiletti, the IBT's reappointment of Mr. diGenova, and Messrs. Civiletti's and diGenova's reappointment of Judge Webster are hereby approved for a 5-year term of the IRB, effective 7/20/2006. (Signed by Judge Loretta A. Preska on 7/18/2006) (lb, )
July 18, 2006 Filing 3947 MOTION for the issuance of subpoenas directing Local 714's attorney to appear for a sworn examination and to produce billing records . (jco, )
July 6, 2006 Opinion or Order Filing 3946 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 7/5/2006 re: respectfully requesting a second brief extension of time from 7/7/2006 to 7/14/2006, to submit a letter in connection with Application 121 of the Independent Review Board concerning disciplinary action taken against John Kikes, International Representative and Local 78 President. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 7/5/2006) (lb, )
June 21, 2006 Opinion or Order Filing 3945 ORDER: Counsel shall inform the Court when Thomas Ryan v. Council No. 53, et al (03cv73) has been dismissed. Oral arguments may be set in this matter after that time. (Signed by Judge Loretta A. Preska on 6/16/2006) (lb, )
June 13, 2006 Filing 3944 Chief Investigator's Memorandum of Law in support of the Independent Review Board's Application 121 - In the matter of John Kikes. Document filed by Charles M. Carberry. (dle, )
June 9, 2006 Opinion or Order Filing 3943 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 6/8/06 re: Request an extension of time from June 13, 2006 until July 7, 2006. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 6/8/06) (js, )
May 30, 2006 Filing 3942 Objections of Respondent John Kikes to Application No. 121 of the Independent Review Board. (djc, )
May 23, 2006 Filing 3941 MOTION Chief Investigator's Application for the Issuance of Subpoenas Directing the Production of Certain Telephone Records. (jco, )
May 23, 2006 Filing 3940 MEMORANDUM OF LAW in Support re: 3935 MOTION Application for the Issuance of Subpoenas directing the production of certain telephone records. (jco, )
May 8, 2006 Opinion or Order Filing 3939 ENDORSED LETTER: addressed to Judge Loretta A. Preska from Craig H. Livingston dated 5/5/2006 re: we request an additional extension of 21 days, to 5/29/2006 to becoming familiar with this case. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/5/2006) (lb, )
May 3, 2006 Filing 3938 QUARTERLY REPORT 54 OF THE INDEPENDENT REVIEW BOARD under the Consent Order article G. "REPORT TO THE COURT". (ae, )
May 2, 2006 Opinion or Order Filing 3937 STIPULATION AND ORDER; that the definition of the term "regional area" with respect to General Committees of Adjustment from the former International Brotherhood of Locomotive Engineers shall be amended to read as follows: (1) Delegates and alternate delegates elected from General Committees of Adjustment and from geographic areas as designated in paragraphs 6.16 of the Merger Agreement between the International Brotherhood of Locomotive Engineers and the IBT shall vote in the geographic region in which the entity from which they are elected is headquartered; provided, however, that with respect to any General Committee of Adjustment which is headquartered in a geographic region within which less than one percent of the members assigned to that General Committee of Adjustment are employed, the delegates and alternate delegates shall vote in the geographic region in which the largest number of members of that General Committee of Adjustment are employed. Members of each General Committee of Adjustment shall vote in the geographic region in which the General Committee of Adjustment is headquartered; provided, however, that with respect to any General Committee of Adjustment which is headquartered in a geographic region within which less than one percent of the members assigned to that General Committee of Adjustment are employed shall vote in the geographic region in which the largest number of that General Committee of Adjustment are employed. (Signed by Judge Loretta A. Preska on 5/1/06) (sac, )
April 28, 2006 Filing 3936 MEMORANDUM OF LAW in Support re: 3808 Application for the Issuance of subpoena directing Nextel Communications to produce records. Document filed by Charles M. Carberry. (kco, ) Modified on 5/1/2006 (kco, ).
April 28, 2006 Filing 3935 MOTION for the Issuance of Subpoenas directing the production of certain telephone records. Document filed by Charles M. Carberry. (kco, )
April 28, 2006 Opinion or Order Filing 3934 STIPULATION AND ORDER: regarding procedures agreed to by IBT and the Government to be followed that will govern the distribution of materials relating to the Committees work, including all proposed amendments to the IBT Constitution and all proposed rules for the conduct of the 2006 IBT Convention as further set forth in said Order. (Signed by Judge Loretta A. Preska on 4/28/06) (db, )
April 25, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 3932 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (kco, )
April 24, 2006 Opinion or Order Filing 3932 ORDER ADMITTING ATTORNEY PRO HAC VICE. Bradley T. Raymond is admitted to appear before the U.S.D.C. S.D.N.Y. (Signed by Judge Loretta A. Preska on 4/21/06) (kco, )
April 21, 2006 Filing 3933 MEMORANDUM OF LAW in Support re: 3734 Motion to ContinueMotion for Preliminary InjunctionMotion to ContinueMotion for Preliminary Injunction. (jco, )
April 21, 2006 Filing 3931 ENDORSED LETTER addressed to Judge Preska from Craig Livingston dated 4/17/06: that the submission in behalf of Mr. Kikes, which is currently due on 4/21 is extended to 5/8/06. (Signed by Judge Loretta A. Preska on 4/21/06) (cd, )
April 7, 2006 Filing 3930 MEMORANDUM OF LAW in Opposition to Application #122 (motion previously terminated). document filed by Thomas J. Ryan, formerly President of Teamsters Local 107. (djc, )
April 3, 2006 Opinion or Order Filing 3929 ENDORSED LETTER addressed to JUdge Loretta A. Preska from Robert F. O'Brien dated 3/28/2006 re: to request an extension of seven (7) days, thereby making the response due from Mr.Ryan on April 7,2006. Replies due by 4/7/2006.ENDORSEMENT: Reply from counsel for plaintiff due April 7,2006. So Ordered. (Signed by Judge Loretta A. Preska on 3/31/2006) (jmi, )
March 31, 2006 Filing 3928 ENDORSED LETTER addressed to Judge Preska from Robert M. Baptiste dated 3/21/06 re: Mr. Kike's time to file papers in connection with application 121 is extended for 30 days.. (Signed by Judge Loretta A. Preska on 3/24/06) (djc, )
March 20, 2006 Opinion or Order Filing 3927 ORDER that should respondent IBT wish to file objections to application no. 122 such objections must be in writing and filed with the court and served on the government the Office of the Chief Investigator, IRB and the Administrator no later than ten business days from the date hereof; in the event any such objections are filed any response to said objections must be inwriting and filed with the court and served on respondent Thomas Tyan and the IBT no latter than ten business days of receipt of said objections. (Signed by Judge Loretta A. Preska on 3/17/06) (dle, )
March 20, 2006 Opinion or Order Filing 3926 ENDORSEMENT, on Acknowledgement of Receipt of Application 122 of the Independent Review Board, so ordered. (Signed by Judge Loretta A. Preska on 3/17/06) (cd, )
March 20, 2006 Filing 3925 APPLICATION 122 OF THE INDEPENDENT REVIEW BOARD -- in the matter of Thomas Ryan. (sac, )
March 10, 2006 Filing 3923 APPENDIX to 3922 EXHIBITS to Application 121 of the Independent Review Board (Doc. #3921).(sac, )
March 10, 2006 Filing 3922 EXHIBITS to Application 121 of the Independent Review Board (Doc. #3921). (sac, )
March 10, 2006 Filing 3921 APPLICATION 121 OF THE INDEPENDENT REVIEW BOARD -- in the matter of John Kikes. Document filed by the Independent Review Board. (sac, )
March 8, 2006 Filing 3924 LETTER addressed to Judge Preska from Linda Chan dated 3/3/06: for a subpoena directing MCI to produce Incandella's telephone records for the period 6/1/02 to present. (cd, )
March 8, 2006 Opinion or Order Filing 3920 ORDER: It is hereby ordered that should respondent wish to file objections to saaid application, such objections must be in writing and filed with the Court and served on the Government, the office of the chief Investigator, IRB, and the Administator, IRB, no later than ten business days fromthe date hereof; and it is further ordered that in the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on the respondent John Kikes and the IBT no later than ten business days of receipt of said objections and it is further ordered that courtesy copies of all papers shall be sent to chambers on the same day they are filed. (Signed by Judge Loretta A. Preska on 3/8/06) (js, )
March 8, 2006 Filing 3919 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 121 OF THE INDEPENDENT REVIEW BOARD: This Court further certifies that the instant acknowledgment of receipt (" the Aknowledgment ") has been filed with the clerk of the Court of the Southern District of New York, and that a copy of the acknowledgment has been fowarded to The Administator of the Independent Review Board and to Counsel for respondent(s). (Signed by Judge Loretta A. Preska on 3/8/06) (js, )
February 9, 2006 Filing 3918 MEMORANDUM OF LAW in Support re: 3917 MOTION (FILED ON SERVICE DATE).. Document filed by Charles M. Carberry. (cd, )
February 3, 2006 Filing 3917 MOTION (FILED ON SERVICE DATE) for the Issuance of a Subpoena directing Nextel Comm to produce records. Document filed by Charles M. Carberry. (cd, )
February 3, 2006 Filing 3916 MOTION (FILED ON SERVICE DATE) Application for the Issuance of a subpoena directeing Spring to produce Records. Declaration of Linda H. Chan attached. Exhibits attached. (jco, ) Modified on 2/6/2006 (jco, ).
February 3, 2006 Filing 3915 MEMORANDUM OF LAW in Support of Chief Investigator's 3864 MOTION (FILED ON SERVICE DATE). (jco, )
February 3, 2006 Filing 3914 MEMORANDUM OF LAW in Support re: 3850 MOTION (FILED ON SERVICE DATE) subpoenas directeing 11 telephone companies to produce subscriber infromation for specified telephone numbers. (jco, )
February 2, 2006 Filing 3913 QUARTERLY REPORT 53 OF THE INDEPENDENT REVIEW BOARD under the Consent Order article G. "REPORT TO THE COURT".(sac, )
December 21, 2005 Opinion or Order Filing 3912 ORDER granting 3909 Motion by the Independent Review Board regarding order to be entered affirming the IRB's 10/11/05, Opinion and Decision. It is hereby ordered that application no. 119 of the IRB regarding the charges and sanctions imposed against Joseph L. Bernstein is GRANTED and the IRB's decision is entered as an order of the Court.. (Signed by Judge Loretta A. Preska on 12/16/05) (kco, )
December 19, 2005 Opinion or Order Filing 3911 STIPULATION AND ORDER: That the proposed candidate Forum Rule a copy of which is annexed to this order, is approved and included as Article V11, section 6 of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election. (Signed by Judge Loretta A. Preska on 12/6/05) (js, )
December 9, 2005 Filing 3910 Opinion and Decision of the Independent Review Board re doc #3909.. (cd, )
December 9, 2005 Filing 3909 MOTION/APPLICATION by the Independent Review Board re order to be entered affirming the IRB's 10/11/05, Opinion and Decision if your honor finds it appropriate. (cd, )
November 23, 2005 CASHIERS OFFICE REMARK on 3897 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/9/05, Receipt Number 561167. (jd, )
November 16, 2005 Opinion or Order Filing 3908 ORDER; The proposed 2006 Election Rules..., are approved with the exception of Article VII, Section 6 and shall govern the 2006 IBT Election unless modified in accordance with the March 2005 Order. (Signed by Judge Loretta A. Preska on 11/9/05) (djc, )
November 10, 2005 Filing 3907 ACKNOWLEDGMENT OF RECEIPT of the Agreement Between The Independent Review Board and Joseph Yannucci. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (sac, )
November 10, 2005 Filing 3906 ENDORSED LETTER addressed to Judge Loretta A. Preska from Andrew W. Schilling dated 11/2/05. ENDORSEMENT: A conference shall be held on November 9th at 10:00 a.m. in Courtroom 12A. Interested parties may participate by telephone but should inform the Court in advance of their desire to do so. (Signed by Judge Loretta A. Preska on 11/7/05) (js, )
November 4, 2005 Opinion or Order Filing 3905 ORDER; should respondent wish to file objections to said application, such objections must be in writing and filed with the Court and served on the government, etc no later than ten business days from the date hereof. Any response to said objections must be in writing and filed within ten days of the receipt of said objections. (Signed by Judge Loretta A. Preska on 11/1/05) (kco, )
November 4, 2005 Filing 3904 Acknowledgment of receipt of the opinion and decision of the Independent Review Board in the matter of Joseph L. Bernstein. (Signed by Judge Loretta A. Preska on 10/31/05) (kco, )
November 4, 2005 Opinion or Order Filing 3903 ORDER: Acknowledgment of receipt of the agreement between the Independent Review Board and Robert Frank Logan. (Signed by Judge Loretta A. Preska on 10/26/2005) (lb, )
November 4, 2005 Filing 3902 AFFIDAVIT AND AGREEMENT of Robert Frank Logan re: 3901 Application 119 of the Independent Review Board -- Opinion and Decision of the Independent Review Board in the Matter of Joseph L. Bernstein. (rag, )
November 4, 2005 Filing 3901 APPLICATION 119 of the Independant Review Board -- Opinion and Decision of the Independent Review Board in the Matter of Joseph L. Bernstein. (rag, )
October 6, 2005 Filing 3900 MEMORANDUM OF LAW in Support re: 3899 MOTION (FILED ON SERVICE DATE) for the issuance of a subpoena directing General I ron industries, Inc to Produce Records;.. (djc, )
October 5, 2005 Filing 3899 MOTION (FILED ON SERVICE DATE) for the issuance of a subpoena directing General Iron Industries, Inc to Produce Records; Attached is Zahner Declaration. (djc, )
September 23, 2005 Filing 3898 MEMO ENDORSEMENT on Motion of Teamsters for a Democratic Union to appear as Amicus Curiae to comment on the 2005-2006 Election Rules; Teamsters for a Democratic Union may appear as amicus, and its Memorandum of Law dated 9/12/05 will be considered. (Signed by Judge Loretta A. Preska on 9/22/05) (sac, )
September 23, 2005 Opinion or Order Filing 3897 ORDER granting 3896 Motion for Barbara Harvey to Appear Pro Hac Vice for Teamsters for a Democratic Union. (Signed by Judge Loretta A. Preska on 9/23/05) (cd, )
September 23, 2005 Transmission to Attorney Admissions Clerk. Transmitted re: 3897 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
September 13, 2005 Filing 3895 MOTION (FILED ON SERVICE DATE) for Leave to Appear Amicus Curiae. Document filed by Teamsters for a Democratic Union. (dle, )
September 12, 2005 Filing 3896 MOTION (FILED ON SERVICE DATE) for Barbara Harvey to Appear Pro Hac Vice. Document filed by Teamsters for a Democratic Union. (dle, )
September 8, 2005 Opinion or Order Filing 3894 MEMO ENDORSEMENT the request by Local 786 of the IBT that the Court order the Chief Investigator of the Independent Review Board to commence an investigation into certain evidence concerning Anthony D'Amico and that the Court "take jurisdiction" over those allegations and over an action pending in another court denied. Among other things, Local 786 is not authorized to seek relief under the Consent Decree. Also, the Chief Investigator already has access to the information upon which the allegations are based. So Ordered. (Signed by Judge Loretta A. Preska on 9/6/05) (jco, )
September 7, 2005 Opinion or Order Filing 3893 ENDORSED LETTER: re: requesting ten days from 8/31/05, in which to make any such submission to the Court. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 9/7/05) (js, )
August 31, 2005 Filing 3892 Joint Application Of The United States Of America and the International Brotherhood of Teamsters for the Entry of an Order Approving Election Rules for the 2006 International Union Delegate and Officer Election. Document filed by United States of America, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (rw, )
August 25, 2005 Filing 3891 LETTER addressed to Judge Preska from John J.Cronin, Jr. dated 8/4/05 re: Quarterly Report 51 of the Independent Review Board. (djc, )
August 16, 2005 Filing 3890 Quarterly Reprot 51 of the Independent Review Board, fld by Administrator J. Cronin. (cd, )
July 18, 2005 Filing 3889 AFFIDAVIT AND AGREEMENT of Carlow Scalf. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (mde, )
July 18, 2005 Filing 3888 ACKNOWLEDGMENT OF RECEIPT of the Agreement Between The Independent Review Board And Carlow Scalf. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (mde, )
July 18, 2005 Filing 3887 Application 113 of the Independent Review Board Agreement Between The Independent Review Board And Carlow Scalf. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (mde, )
July 14, 2005 Opinion or Order Filing 3886 MEMORANDUM AND ORDER: for reasons further set forth in said Order, application 113 (Mr. Carlow Scalf) is GRANTED. (Signed by Judge Loretta A. Preska on 7/8/05) (db, )
June 23, 2005 Filing 3885 MEMORANDUM OF LAW in Support re: 3884 MOTION (FILED ON SERVICE DATE) that the Court issue a subpoena directing Ameritech, Inc. to produce documents.. (pl, )
June 23, 2005 Filing 3884 MOTION (FILED ON SERVICE DATE) that the Court issue a subpoena directing Ameritech, Inc. to produce documents; W/ attch. delcaration in support. (pl, )
June 14, 2005 Filing 3883 ENDORSED LETTER addressed to Judge Loretta A. Preska from Danna Drori dated 5/27/05 re: the parties have agreed to the budge proposed by Mr. Mark in the amount of $10,725,965.00.. (Signed by Judge Loretta A. Preska on 6/6/05) (sac, )
May 23, 2005 Filing 3882 Application 117 of the Independent Review Board -- Agreement between the Independent Review Board and Thomas Cerbone. Filed by John J. Cronin, Jr., Administrator. (db, )
May 20, 2005 Opinion or Order Filing 3881 ORDER Acknowlegement of Receipt of the Agreement Between the Independent Review Board and Philip Fasulo. (Signed by Judge Loretta A. Preska on 5/12/2005) (jsa, )
May 20, 2005 Opinion or Order Filing 3880 ORDER Affidavit and Agreement of Thomas J. Cerbone before the Independent Review Board. (Signed by Judge Loretta A. Preska on 5/12/2005) (jsa, )
May 20, 2005 Opinion or Order Filing 3879 ORDER Acknowledgment of Receipt of the Agreement Between the Independent Review Board and Thomas Cerbone. (Signed by Judge Loretta A. Preska on 5/12/2005) (jsa, )
May 20, 2005 Opinion or Order Filing 3878 ORDER Affidavit and agreement of Philip Fasulo before the Independent Review Board. (Signed by Judge Loretta A. Preska on 5/12/2005) (jsa, )
May 19, 2005 Filing 3877 MOTION (FILED ON SERVICE DATE)for an order approving this application 116 of the Independent Review Board - - Agreement between the IRB and Philip Fasulo and if appropriate, to be entered as an order. . (dle, )
May 16, 2005 Filing 3876 AFFIDAVIT OF SERVICE of Application 117 served on A. Schilling; C. Carberry, P. Szymanski on 5/4/05. Service was made by United Parcel Service.. (dle, )
May 16, 2005 Filing 3875 AFFIDAVIT OF SERVICE of application 116 served on Andrew W. Schilling, charles Carberry, Patrick Szymanski, Sylvester Needham on 5/4/05. Service was made by United Parcel Service.. (dle, )
May 9, 2005 Transmission of Notice of Appeal to the District Judge re: 3874 Notice of Interlocutory Appeal. (tp, )
May 9, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 3874 Notice of Interlocutory Appeal. (tp, )
May 5, 2005 Filing 3873 ENDORSED LETTER addressed to Judge Loretta A. Preska from Richard W. Levitt dated 3/25/05 re: counsel withdraws their opposition to application 115 and withdraw their request to submit a motion to vacate the IRB's decision. Application 115 is granted. (Signed by Judge Loretta A. Preska on 5/1/05) (dle, )
May 5, 2005 Opinion or Order Filing 3872 ORDER In accordance with the reasons set forth on the transcript of the oral argument held on 1/13/05 in Courtoom 12A, Application 112 of the Independent Review Board is granted. So Ordered. (Signed by Judge Loretta A. Preska on 3/2/05) (jco, )
April 29, 2005 Filing 3874 NOTICE OF INTERLOCUTORY APPEAL from 3872 Order. Document filed by Charles Crawley. Filing fee $ 255.00, receipt number E 542076. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Charles M. Carberry; Danna drori, AUSA; John Cronin, Jr. (tp, )
April 11, 2005 Filing 3871 DECLARATION of Celia A. Zahner re: 3864 MOTION (FILED ON SERVICE DATE).. Document filed by Charles M. Carberry. (jmi, )
April 11, 2005 Filing 3870 MEMORANDUM OF LAW in Support re: 3864 MOTION (FILED ON SERVICE DATE).. Document filed by Charles M. Carberry. (jmi, )
April 1, 2005 Filing 3868 QUARTERLY REPORT 49 OF THE INDEPENDENT REVIEW BOARD UNDER THE CONSENT ORDER ARTICLE G. "REPORT TO THE COURT". Document filed by Independent Review Board, dated 2/2/05. (sac, )
March 29, 2005 Filing 3869 ENDORSED LETTER addressed to Judge Loretta A. Preska from Yvonne Shivers dated 3/14/05 re: granting the following proposed briefing schedule. Motions due by 3/28/2005. Replies due by 4/20/2005. Responses due by 4/13/2005 (Signed by Judge Loretta A. Preska on 3/18/05) (sac, )
March 28, 2005 Opinion or Order Filing 3867 STIPULATION AND ORDER that the IBT complies fully with this Stipulation and Order, the Govt agrees not to exercise its option to have the 2006 IBT Election supervised by the Dept of Labor, as further set in this document. (Signed by Judge Loretta A. Preska on 3/18/05) (cd, )
March 11, 2005 Opinion or Order Filing 3866 ORDER Acknowledgement of the Receipt of Application 115 of the Independent Review Board. (Signed by Judge Loretta A. Preska on 3/10/2005) (jsa, )
March 10, 2005 Filing 3865 ENDORSED LETTER addressed to Judge Preska from Richard Ware Levitt dated 2/28/2005 re: In light of the extension, counsel shall confer and inform the Court of a proposed briefing schedule. (Signed by Judge Loretta A. Preska on 3/4/2005) (jsa, )
February 16, 2005 Filing 3864 MOTION (FILED ON SERVICE DATE) For an order granting the Chief Investigator's request that this court issue subpoenas directing Nextel Communications, Inc. and Verizon Wireless to produce to the Chief Investigator no later than 3/11/05 all subscriber information, billing statements, toll records showing outgoing calls, ourgoing call numbers, incoming call numbers, point to point calls, LUDs and MUDs for the billing periods covering any part of the period from 6/1/02 to 10/25/02 for telephone number (510) 760-8478 and covering any part of the period from 10/24/02 to the present for telephone number (510) 760-8783. Document filed by Charles M. Carberry. (dle, )
February 16, 2005 Filing 3863 MEMORANDUM OF LAW in Support of Chief Investigator's Application for the Issuance of Subpoenas Directing Nextel Communications, Inc. and Verizon Wireless, Inc. to Produce Records. (ps, )
February 15, 2005 Filing 3862 TRANSCRIPT of proceedings held on 1/13/05 before Judge Loretta A. Preska. (Martin, Leslie)
February 8, 2005 Filing 3860 MOTION to Substitute Attorney. Old Attorney: Brian O'Dwyer, New Attorney: Law Offices of J. Bruce Maffeo. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (Maffeo, J)
February 5, 2005 Filing 3857 TRANSCRIPT of proceedings held on 1/13/2005 @ 11:55 am before Judge Loretta A. Preska. (mbe, )
February 1, 2005 Filing 3861 AFFIDAVIT OF SERVICE of Application 114 on 1/13/2005. Service was made by UPS Next Day Air. (jp, )
February 1, 2005 Opinion or Order Filing 3859 AFFIDAVIT AND AGREEMENT, APPLICATION #114; The Independent Review Board appointed pursuant to the Consent Order entered 3/14/89, recommended in a report dated 8/23/04 that Joint Council 16 file charges against me. I make this Affidavit and Agreement to resolve these issues stated in this document. This Agreement does not constitute an admission or denial of the charges. (Signed by Judge Loretta A. Preska on 1/27/05) (sac, )
February 1, 2005 Filing 3858 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND JOSEPH G. VITTA; this Court hereby acknowledges that the Agreement enclosed with Application 114 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 114 with the Clerk of the Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 1/18/05) (sac, )
January 25, 2005 Opinion or Order Filing 3856 CONSENT ORDER to change attorney; the Law Offices of J. Brue Maffeo is substituted for Brian O'Dwyer as local counsel for the dft International Brotherhood of Teamsters in this action. (Signed by Judge Loretta A. Preska on 1/19/05) (dle, )
January 14, 2005 Opinion or Order Filing 3855 ORDER granting 3827 Motion. (Signed by Judge Loretta A. Preska on 1/13/05) (kw, )
December 17, 2004 Filing 3854 Quarterly Report 48 of the Independent Review Board filed. (jp, )
December 15, 2004 Filing 3853 MOTION (FILED ON SERVICE DATE) for Robert M. Baptiste to Appear Pro Hac Vice. Document filed by Charles Crawley. (jp, )
December 14, 2004 Opinion or Order Filing 3852 SCHEDULING ORDER: Oral Argument set for 1/13/2005 at 11:00 AM before Judge Loretta A. Preska in ctrm 12A, US Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Loretta A. Preska on 12/10/04) (kw, )
December 9, 2004 Filing 3851 RESPONSE in Opposition re: 3827 MOTION (FILED ON SERVICE DATE).. Document filed by Charles Crawley. (moc, )
December 3, 2004 Filing 3848 REPLY MEMORANDUM OF LAW in Support of re: 3827 APPLICATION NO. 112 of the Independent Review Board (FILED ON SERVICE DATE). Document filed by Charles Crawley. (ae, )
November 30, 2004 Filing 3850 MOTION (FILED ON SERVICE DATE)for the issusance of subpoenas directing 11 telephone companies to produce subscriber infromation for specified telephone numbers, fld by the Independent Review Board's Chief Investigator. (cd, )
November 30, 2004 Filing 3849 MEMORANDUM OF LAW in Support of Chief Investigator's Application for the issuance of subpoenas directing eleven telephone companies to produce subscriber information for specified telephone numbers. Document filed by Charles M. Carberry. (djc, )
November 23, 2004 Filing 3847 MEMORANDUM OF LAW in Support re: 3827 MOTION (FILED ON SERVICE DATE). (jco, )
November 4, 2004 Filing 3846 LETTER addressed to Judge Preska from John Cronin dated 9/23/04: re itemized statements of expenses of the Chief Investigator's office totaling $20,920.07 (cd, )
October 26, 2004 Filing 3845 MEMORANDUM OF LAW in Support of the Chief Investigator's application for the issuance of a Subpoena directing Local 727's Accoutant to appear for a sworn examination. (pl, )
October 26, 2004 Filing 3844 LETTER addressed to Judge Loretta A. Preska from Celia A. Zahner dated 10/21/04 re: Courtesy copy fo an Applicaiton by the Independent Review Board's Chief Investigator requesting that, pursuant to the Consent Decress in this matter, this Court issue a subpoena directeing James J. Giemzik, to appear for a sworn examination before the Chief Investigator on 11/16/04.. (pl, )
October 21, 2004 Filing 3843 MEMORANDUM OF LAW in Support re: 3842 MOTION (FILED ON SERVICE DATE) Chief Investigator's application for the issuance of a subpiena directing Cingular Wireless, Inc. to produce records. (jge, )
October 21, 2004 Filing 3842 MOTION (FILED ON SERVICE DATE) Chief Investigator's application for the issuance of a subpoena directing Cingular Wireless, Inc. to produce records. (jge, )
October 21, 2004 Filing 3841 MEMORANDUM OF LAW in Support re: 3840 MOTION (FILED ON SERVICE DATE) Chief Investigator's Application for the issuance of a subpoena directing Local 727's Accountant to appear for a sworn examination. (jge, )
October 21, 2004 Filing 3840 MOTION (FILED ON SERVICE DATE) Chief Investigator's Application for the issuance of a subpoena directing Local 727's Accountant to appear for a sworn examination. (jge, )
October 8, 2004 Filing 3838 Independent Review Board, Investigative Report, for 10/9/03 (VOL. VIII). (cd, )
October 8, 2004 Filing 3837 Independent Review Board Investigative Report (Vol VII). (cd, )
October 8, 2004 Filing 3836 Independent Review Board, Investigative Report, dated 10/9/03 (Vol VI). (cd, )
October 8, 2004 Filing 3835 Independent Review Baord, Investigative Reprot for 10/9/03, dated 10/9/03 (Vol V). (cd, )
October 8, 2004 Filing 3834 Independent Review Board, Investigative Report, dated 10/9/03 (Vol IV). (cd, )
October 8, 2004 Filing 3833 Independent Review Board, Investigative Report, 10/9/03 (Vol III). (cd, )
October 8, 2004 Filing 3832 Independent Review Board, Investigative Report, dated 10/9/03 (Vol II). (cd, )
October 8, 2004 Filing 3831 Independent Review Board Investigative Report dated 10/9/03 (Vol IB). (cd, )
October 8, 2004 Filing 3830 Independent Review Board Investigative Report, dated 10/9/03. (cd, )
October 8, 2004 Filing 3829 Independent Review Board Hearing Transcript fld, for dates of 3/29-31/04. (cd, )
October 8, 2004 Filing 3828 Independent Review Board Hearing Transcript. Document filed by Matthew Ianniello. (cd, )
October 6, 2004 Filing 3839 ENDORSED LETTER addressed to Judge Loretta A. Preska from Andrew S. Hoffmann dated 10/4/04 re: Respondents Chuck Crawley, Dennis Bankhead and Marie Espinosa request that the Court consider grant them until 11/5/04 to file objections in this matter; Counsel shall inform the Court by letter when the response to the objections will be filed. (Signed by Judge Loretta A. Preska on 10/4/04) (ae, )
September 30, 2004 Opinion or Order Filing 3826 ORDER: should respondents or the International Brotherhood of Teamsters ("IBT") wish to file objections to Application No. 112, such objections must be in writing and filed with the Courtand served on the Government, the Office of the Chief Investigator, and the Administrator, IRB, no later than ten (10) business days from the date of this Order. Procedures for filing responses and replies are as further set forth in said order. Copies Mailed by Chambers.(db, )
September 30, 2004 Filing 3825 This Court hereby acknowledges that the opinion and decision of the IRB of Application 112 of the International Brotherhood of Teamsters ("IBT")has been received by this Court and that this Court has caused to be filed the original documents concerning the opinion and decision of Application 112 of the IRB with the Clerk of Court of the Southern District of New York. (Signed by Judge Loretta A. Preska on 9/29/2004) (jsa, )
September 9, 2004 Filing 3827 Application 112of The Independent Review Board -- Opinion and Decision of the Independent Review Board in the matter of the hearing of Chuck Crawley, Dennis Bankhead and Marie Espinosa. (dle, )
August 26, 2004 Filing 3824 MEMORANDUM OF LAW in Support re: 3805 MOTION (FILED ON SERVICE DATE) for the issuance of a subpoena directing Local 727 accounting firm to produce records. (jco, )
August 26, 2004 Filing 3823 Application for the Issuance of Subpoenas directing Investigators Victor T Switski and Jeffrey Hall to appear for sworn examinations. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (ps, )
August 16, 2004 Opinion or Order Filing 3822 ORDER TO SHOW CAUSE by United States of America why an order should not be issued pursuant to Rule 65 of the F.R.C.P. for a preliminary injuction sealing the record of any testimony by Petiitoner Scott Doyle before Respondent Carbarry or respondent Independent Review Board, pursuant to F.R.C.P. 26(c) or, alternatively, enjoining the respondents from taking actions adversely affecting Mr. Doyle's union membership or employment status. Show Cause Hearing set for 8/17/2004 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 8/9/04) (jco, )
August 16, 2004 Opinion or Order Filing 3821 ORDER Mr. Doyle's request of a temporary restraining order and a preliminary injunction enjoining his deposition before the IRB (or sealing it) is denied. So Ordered. (Signed by Judge Loretta A. Preska on 8/9/04) (jco, )
August 6, 2004 Filing 3819 ACKNOWLEDGEMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND SAMUEL PICONE. (Signed by Judge Loretta A. Preska on 7/22/2004) (jsa, )
August 6, 2004 Filing 3818 ACKNOWLEDGEMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND LOUIS LUNATI. (Signed by Judge Loretta A. Preska on 7/22/2004) (jsa, )
August 5, 2004 Filing 3817 Quarterly Report 47 of the independant review board under the consent order article G. "Report to the Court". Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (jco, )
August 5, 2004 Filing 3816 AFFIDAVIT OF SERVICE of IRB's Quarterly Report 47 served on Andrew W. Schilling, Charles M. Carberry, and Patrick J. Szymanski on 7/29/04. Service was made by UPS Next Day Air and hand delivery. Document filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. (jco, )
August 4, 2004 Filing 3820 MEMO ENDORSEMENT on affidavit and agreement of Frank Lunati to permanently resign from the International Brotherhood of Teamsters as further set forth in this endorsement. (Signed by Judge Loretta A. Preska on 7/22/04) (dle, )
August 4, 2004 Filing 3815 Acknowledgment of receipt of the agreement between the independent review board and frank lunati. (Signed by Judge Loretta A. Preska on 7/22/2004) (jsa, )
July 7, 2004 Filing 3814 AFFIDAVIT and AGREEMENT of Samuel Picone. (db, )
July 7, 2004 Filing 3813 AFFIDAVIT and AGREEMENT of Louis Lunati. (db, )
July 7, 2004 Filing 3812 AFFIDAVIT AND AGREEMENT of Frank Lunati. (db, )
July 7, 2004 Filing 3811 ACKNOWLEDGEMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND FRANK LUNATI. (Signed by Judge Loretta A. Preska on 6/26/2004) (jsa, )
July 7, 2004 Filing 3810 ACKNOWLEDGEMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND LOUIS LUNATI. (Signed by Judge Loretta A. Preska on 6/26/2004) (jsa, )
July 7, 2004 Filing 3809 ACKNOWLEDGEMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND SAMUEL PICONE. (Signed by Judge Loretta A. Preska on 6/26/2004) (jsa, )
June 23, 2004 Filing 3808 CHIEF INVESTIGATOR'S APPLICATION for the issuance of a Subpoena directing Nextel Communciations, Inc. to produce records. (sac, )
June 23, 2004 Filing 3807 MEMORANDUM OF LAW in support of Chief investigator's application for the issuance of a subpoena directing Nextel Communications, Inc. to produce records. Document filed by Charles M. Carberry. (kw, )
June 4, 2004 Filing 3806 MEMORANDUM OF LAW in Support re: 3805 MOTION (FILED ON SERVICE DATE) for the issuance of a subpoena directing Local 727 accounting firm to produce records. (jco, )
June 4, 2004 Filing 3805 MOTION (FILED ON SERVICE DATE)by the Chief Investigator, for the issuance of a subpoena directing Local 727 accounting firm to produce records. . (cd, )
April 28, 2004 Filing 3804 ACKNOWLEDGEMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ROY HARRIS(jco, )
March 31, 2004 Filing 3803 MEMO ENDORSEMENT on Application of Charles Crawley, Marie Espinosa and Dennis Bankhead for the issuance of subpoenas directing Brenda Espinosa, Gary Kyle, Ronald LKaluza, Kevin Barnes, Forrest Tyson Johnson, Sam Betros, Lisa McConville, Derek Kilimnik, Lionesl Kelly, Robert Fernandez, Rufus Hernandez, Richard Wilson and Ty Merryman to Testify Before the Independent Review Board; Upon reviewing the recent correspondence, the application is denied. The proposed subpoenas are untimely. Even if timely, to the extent applicants have indicated the testimony they seek to elicit from these witnesses, it is of little relevance to the charges at issue. In any event, appropriate affidavits might well suffice as to any relevant material, and the creditability of the Chief Investigator's witnesses can be impeached in other ways, for example, by testimonyof he Charged individuals, affidavits documents and the like. Finally, neither the consent Decree nor the IRB Rules authorize individual members to apply for subpoenas. Accordingly, the application is denied. (Signed by Judge Loretta A. Preska on 3/25/04) (djc, ) Modified on 4/5/2004 (kg, ).
March 31, 2004 Opinion or Order Filing 3802 ORDER It is hereby ordered that the IRB's determination of March 13, 2003, as reiterated on April 22, 2003, finding that the IBT decision of December 13, 2002as modified by the IBT on March 21, 2003 was not inadequate, is hereby made an Order of this Court. (Signed by Judge Loretta A. Preska on 3/29/2004) (jsa, )
March 25, 2004 Filing 3801 DECLARATION of Joshua D. McInerney in Support re: 3800 MOTION (FILED ON SERVICE DATE) issuance of subpoenas for Brenda Espinosa, Gary Kyle et al to testify before the Independent Review Board.. Document filed by Paul Roa. (jmi, )
March 17, 2004 Filing 3800 MOTION (FILED ON SERVICE DATE, fld by Charles Crawley, Marie Espinosa and Dennis Bankhead for the issuance of subpoenas for Brenda Espinosa, Gary Kyle et al to testify before the Independent Review Board; attached is a memo in support. (cd, ).
February 24, 2004 Filing 3799 Quarterly Report 45 of the Independent Review Board Under the consent order Article G. "Report to The Court". Document filed by the Independent Review Board (dle, )
February 24, 2004 Filing 3798 AFFIDAVIT OF SERVICE of IRB's Quarterly Report served on Andrew Schilling, AUSA; Charles Carberry, esq.; and Patrick Szymanski, esq. on 2/2/04. Service was made by United Parcel Service to Schilling and Carberry, Hand delivery to Szymanski.. (dle, )
February 20, 2004 Filing 3797 MEMORANDUM OF LAW in Support re: 3796 MOTION (FILED ON SERVICE DATE) for the issuance of Sbpoenas for David McColrmick, Shannon Fagan and David Fagan to testify before the INdependent Review board.. (djc, )
February 20, 2004 Filing 3796 MOTION (FILED ON SERVICE DATE) for the issuance of Subpoenas for David McCormick, Shannon Fagan and David Fagan to testify before the Independent Review board. Attached is Declaration in support. (djc, )
December 19, 2003 Opinion or Order Filing 3791 ORDER granting 3787 Motion for to amend Order dated 06/12/01 as forth in this Order. (Signed by Judge Harold Baer on 12/18/03) (pl, )
December 18, 2003 Opinion or Order Filing 3795 ORDER Acknowledgment of receipt of the agreement between the Independent Review Board and Jack Barretta. (Signed by Judge Loretta A. Preska on 12/16/03) Copies Mailed By Chambers.(dfe, )
December 18, 2003 Filing 3794 AFFIDAVIT OF SERVICE of original and one copy of application 107 and one copy of the agreement between the IRB and Jack Barretta, and one copy of the acknowledgment of receipt upon Andrew W. Schilling, AUSA, via UPS Next Day Air; Charles M. Carberry, Esq., via UPS Next Day Air; Patrick J.Szymanski, Esq., Via hand Delivery and Anthony Rumore, President, Local 812, via U.S. Mail (djc, )
December 18, 2003 Filing 3793 AFFIDAVIT and AGREEMENT of Jack Barretta. (djc, )
December 18, 2003 Filing 3792 Application 107 of the Independent Review Board -- Agreement Between the Independent Review Board and Jack Barretta files this Application submitting the Agreement with Jack Barretta. The Agreement has been approved by the IRB and is submitted to Your Honor for review and, if appropriate to be entered as an order. (djc, )
December 3, 2003 Filing 3790 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 2166 Notice of Appeal,, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, )
December 2, 2003 Opinion or Order Filing 3789 STIPULATION AND ORDER, for retention of record in the District Court. (Signed by Judge Loretta A. Preska on 12/2/03) (tp, )
November 21, 2003 Filing 3788 Joint Council NO. 69's MEMORANDUM OF LAW in support of [3787-1] motion for an order to modify the Order enterd by this Court on June 12, 2001, purs to Appliciation 95 of the Independent Review Board (attached) . (djc)
November 19, 2003 Filing 3787 NOTICE OF MOTION (filed on service date) for an order to modify the Order enterd by this Court on June 12, 2001, purs to Appliciation 95 of the Independent Review Board (attached) ; Return Date not indicated; (djc)
November 12, 2003 Filing 3786 Quarterly Report 44 of the Independent Review Board Under the Consent Order Article G. "Report to the Court". (sb)
November 12, 2003 Filing 3785 AFFIDAVIT OF SERVICE of IRB's Quarterly Report by UPS Next Day Air on 11/4/03. (sb)
November 3, 2003 USCA Case Number Re: [3776-1] appeal by William T. Hogan Jr., [3777-1] appeal by Dane Passo USCA NUMBER: 03-6196(L) & 03-6210(Con). (dt)
October 15, 2003 Filing 3784 Independent Review Board Chief Investigator's Office total expenses August 2003 . (dle)
October 15, 2003 Filing 3783 Independent Review Board Chief Investigator's Office total expenses July 2003 . (dle)
October 15, 2003 Filing 3782 Independent Review Board Chief Investigator's office total expenses 6/2003 . (dle)
October 2, 2003 Filing 3781 ACKNOWLEDGEMENT OF SERVICE of Agreement enclosed with Application 106 as to Clerk of the Court. (db)
October 2, 2003 Filing 3780 AFFIDAVIT of Anthony Piccolo to permanently resign from the International Brotherhood of Teamsters. (db)
October 2, 2003 Filing 3779 AFFIDAVIT OF SERVICE of Application 106 (Doc # 3778) by UPS Next Day Air, Hand Delivery and First Class Mail on 9/29/03 as to all attorneys of record as further set forth in said affidavit. (db)
October 2, 2003 Filing 3778 APPLICATION 106 of the Independent Review Board - agreement between the I.R.B. and Anthony Piccolo. (db)
September 22, 2003 Notice of appeal and certified copy of docket to USCA: [3777-1] appeal by Dane Passo ; Copy of notice of appeal sent to District Judge. (pr)
September 19, 2003 Memo endorsed on motion; mooting [3656-1] motion for the expedited issuance of a subpoena for James E. Wilkerson to testify before the Independent Review Board. The motion is denied as moot. ( signed by Judge Loretta A. Preska ) (jco)
September 19, 2003 Memo endorsed on motion; mooting [3734-1] motion for the Court to continue supervisory jurisdiction over enforcement of the 3/14/89 Consent Decree, mooting [3734-2] motion to enjoin thom Ryan from prosecuting the action captioned Ryan v Intl Brotherhood of Teamsters Joint Council, 01 cv 2585 (EDPA) and directing Ryan to withdraw the action within ten days. The motion is denied as moot. ( signed by Judge Loretta A. Preska ); (jco)
September 19, 2003 Filing 3777 NOTICE OF APPEAL by Dane Passo from [3755-1] order Application 102 is granted, and the IRB's decision is affirmed in all respects . Copies of notice of appeal mailed to Attorney(s) of Record: Paul J. Szymanski, Benjamin R. Civiletti, Charles M. Carberry, Joseph E. diGenova, Andrew W. Schilling, William H. Webster. $105.00 APPEAL FILING FEE PAID ON 9/19/03, RECEIPT # E 485631. (pr)
September 19, 2003 Notice of appeal and certified copy of docket to USCA: [3776-1] appeal by William T. Hogan Jr. ; Copy of notice of appeal sent to District Judge. (pr)
September 18, 2003 Filing 3776 NOTICE OF APPEAL by William T. Hogan Jr. from [3755-1] order Application 102 is granted, and the IRB's decision is affirmed in all respects . Copies of notice of appeal mailed to Attorney(s) of Record: Charles M. Carberry, Andrew W. Schilling, Benjamin R. Civiletti, Patrick J. Szymanski, William H. Webster, Joseph E. DiGenova. $105.00 APPEAL FILING FEE PAID ON 9/18/03, RECEIPT # E 485521. (pr)
September 8, 2003 Opinion or Order Memo endorsed on motion; denying [3715-1] motion for an Order staying the enforcement of the opinion and decision of the Independent Review Board in the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo pending the Court's ruling on the IRB's Application 102 and Hogan's and Passo's objections thereto. ( signed by Judge Loretta A. Preska ); (djc)
September 4, 2003 Filing 3775 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. XV Ex.301 - Ex.310. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3774 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. XIV Ex.266 - Ex.300. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3773 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. XIII Ex.251 - Ex.265. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3772 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. XII Ex.226 - Ex.250. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3771 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. XI Ex.186 - Ex.225. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3770 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. X Ex.161 - Ex.185. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3769 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. IX Ex.136 - Ex.160. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3768 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. VIII Ex.96 - Ex.135. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3767 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. VII Ex.81 - Ex.95. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3766 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. VI Ex.51 - Ex.80. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3765 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. V Ex.36 - Ex.50. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3764 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. IV Ex.21 - Ex.35. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3763 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. III Ex.16 - Ex.20. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3762 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. II Ex.11 - Ex.15. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3761 Independent Review Board Investigative Report 5/23/01 with Exhibits Vol. I-B Ex.1 - Ex.10. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3760 Independent Review Board Investigative Report 5/23/01 with Exhibits List Vol. I-A. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 4, 2003 Filing 3759 Independent Review Board Hearing Transcript Vol.I 10/17,18/01 with Exhibits IRB-1 - IRB11. In the matter of William T. Hogan, Jr. and Dane Passo. (tp)
September 2, 2003 Opinion or Order Memo endorsed on motion; denying [3717-1] motion for an Order supplementing the administrative record developed before the Independent Review Board in the matter of the charges against William T. Hogan, Jr., and Dane Passo, with newly discovered "extra-record evidence" that is directly relevant to the IRB's charge and decision against Hogan. Motion denied. So Ordered. ( signed by Judge Loretta A. Preska ) (jco)
September 2, 2003 Memo endorsed on motion; granting [3726-1] motion for the issuance of subpoenas for records from the Local 522 Benefit Funds. The motion was granted 9/9/02 issuance of the subpoenas. ( signed by Judge Loretta A. Preska ); (jco)
August 29, 2003 Filing 3757 IRB Quarterly report no. 36 dated 11/19/01. (jco)
August 29, 2003 Filing 3756 IRB Quarterly Report No. 40 datd 11/6/02. (jco)
August 28, 2003 Filing 3758 IRB Quarterly report no. 37, dated 1/31/02. (jco)
August 25, 2003 Opinion or Order Filing 3755 MEMORANDUM AND ORDER, Application 102 is granted, and the IRB's decision is affirmed in all respects . ( signed by Judge Loretta A. Preska ); (kw)
August 21, 2003 Filing 3754 Letter filed addressed to Judge Preska from John J. Cronin, Jr., dated 8/5/03, re: quarterly report 43 of the Independent Review Board. (db)
June 19, 2003 Filing 3753 RESPONDENT, Anthony M. Rumore, submits this REPLY Re: [3750-1] opposition memorandum. (laq)
June 12, 2003 Filing 3752 AMENDED MEMORANDUM OF LAW by Int'l Bro. of Teamst in opposition to respondent Rumore's application to vacate disciplinary findings and penalties (yv)
June 9, 2003 Filing 3751 Letter filed by United States of America addressed to Judge Preska from Danna Drori, dated 06/05/03, re: in connection with Application 105 of the Independent Review Bd. concerning disciplinary action taken against Anthony Rumore. (djc)
June 5, 2003 Filing 3750 MEMORANDUM OF LAW by Int'l Bro. of Teamst in opposition to Respondent Rumore's Application to Vacate Discipplinary Findings and Penalties. (tp)
June 5, 2003 Filing 3749 MEMORANDUM OF LAW by Charles M. Carberry in support of the Independent Review Board's Application 105 - In the Matter of Anthony Rumore. (tp)
May 23, 2003 Opinion or Order Filing 3748 ORDER, acknowledgment of receipt of application 105 of the Independent Review Board ( signed by Judge Loretta A. Preska ); (cd)
May 23, 2003 Filing 3747 Quarterly Report 42 of the Independent Review Board Under the Consent Order Article G. "Report to the Court". (djc)
May 23, 2003 Opinion or Order Filing 3746 ORDER; that any response to said objections must be in writing and filed with the Court and served on all parties no later than ten business days from the date hereof; in th event any such response is filed, any reply to said response must be filed with the Court and served on all counsel no later than ten business days of receipt of said response; that courtesy copies of all papers shall be sent ot Chambers on the same day they are filed . ( signed by Judge Loretta A. Preska ); Copies mailed by Chambers. (jco)
May 20, 2003 Filing 3745 Fld Appliation 105 of the Independent Review Baord, in the matter of Anthony Rumore; accompanied by 3 Volumes of Exhibits (cd)
May 9, 2003 Filing 3742 MANDATE OF USCA (certified copy) Re: AFFIRM [3704-1] appeal ORDERED ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. ISSUED AS MANDATE 5/7/02 MACKECHNIE, CLERK, USCA. **(Attached statement of costs taxed in the amount of $878.36 in favor of Appellee, United States of America. Docketed as a judgment # 03,1181, on 6/10/03.)** (pr) Modified on 06/10/2003
May 7, 2003 Filing 3744 HEARING TRANSCRIPT AND HEARING EXHIBITS. (Filed in the night deposit on 5/7/03 at 6:53 p.m.) (ae)
May 7, 2003 Filing 3743 NOTICE OF CROSS-MOTION (FILED ON SERVICE DATE) by Int'l Bro. of Teamst for an order to review of both the disciplinary findings of an Independant Review Board hearing panel (12/13/02), and the penalties imposed by the panel and adopted by IRB by its determination (4/22/03) , and for an order vacating and setting aside disciplinary findings and penalties as further set forth in motion . No Return Date indicated. Received in night deposit box on 5/7/03 at 6:53 p.m. (db)
March 19, 2003 Filing 3741 AFFIDAVIT and Agreement of Anthony Sirabella. (jco)
March 19, 2003 Filing 3740 Application 104 of the Independent review board agreement between the independent review board and Anthony Sirabella. (jco)
March 18, 2003 Filing 3739 ACKNOWLEDGMENT OF RECEIPT OF THE AGREEMENT BETWEEN THE INDEPENDENT REVIEW BOARD AND ANTHONY SIRABELLA, This Court acknowledges that the agreement enclosed with Application 104 of the Independant Review Board for the Int'l Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning the Agreement enclosed with Application 104 with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to: John J. Cronin, Jr. and Mr. Sylvester Needham. ( signed by Judge Loretta A. Preska ) (sb)
February 10, 2003 Filing 3738 MANDATE OF USCA (certified copy) Re: [3561-1] appeal by Paul Roa, Ed J. Mireles. ORDERED ADJUDGED AND DECREED the judgment of the district court is AFFIRMED. ISSUED AS MANDATE 2/5/03, 01-6054. ROSEANN B. MACKECHNIE, CLERK, USCA. (pr)
December 20, 2002 Filing 3737 Letter filed by United States of Ame addressed to Judge Preska from Andrew W. Schilling, dated 7/19/02, re: this letter in connection w/ Application 102 of Independent Review Board of the International Brotherhood of Teamsters concerning disciplinary action taken against IBT members William T. Hogan, Jr. and Dane M. Passo. (ae)
December 9, 2002 Opinion or Order Memo endorsed on Chief Investigator, Carberry's motion; granting [3736-1] motion for an order directing Robert M. Levine, the certified public accountant for IBT Local 522 and its five affiliated Benefit Funds, to appear on 12/12/02 for a sworn examination before the Chief Investigator and to produce at his sworn examination all documents supporting the payment allocations he prepared between the Local and its affiliated Benefit Funds for the period from 1/95 to the present, including, but not limited to, all documents supporting the time allocation percentages for the Local 522 officers and employees . ( signed by Judge Loretta A. Preska ); (dle)
November 25, 2002 Filing 3736 NOTICE OF MOTION (filed on service date) by Charles M. Carberry for an order directing Robert M. Levine, the certified public accountant for IBT Local 522 and its five affiliated Benefit Funds, to appear on 12/12/02 for a sworn examination before the Chief Investigator and to produce at his sworn examination all documents supporting the payment allocations he prepared between the Local and its affiliated Benefit Funds for the period from 1/95 to the present, including, but not limited to, all documents supporting the time allocation percentages for the Local 522 officers and employees . Return Date not indicated. Zahner declaration attached. (dle)
November 7, 2002 CASHIER'S OFFICE REMARK on [3720-1] order The Clerk of the Court shall return the sum of $5000.00 (plus interest accrued on that amount since November 6, 1998) to Local 688. Payment shall be made by government check, payable to "Teamsters Local 688," and sent to Attn: Joseph A. Galli, Secretary-Treasurer, 300 South Grand, St. Louis, Missouri 63103. The Clerk of the Court shll return the sum of $200,000.00 (plus interest accrued on that amount since October 13, 1998) to the IBT. Payment shall be made by government check, payable to the "International Brotherhood of Teamsters," and sent to Attn: Patrick Szymanski, Esq., Gen. Counsel, 25 Louisiana Avenue, N.W. Washington, D.C. 20001; The Clerk of the Court shall, after returning the sums stated above, close the Account, [3720-2] relief in the amount of $232,139.97 dated 8/22/02 Check No. 607158 payable to Int'l Brotherhood of Teamsters. Check mailed 8/26/02. Received check no. 607159 dated 8/22/02 in the amount of $5,615.42 payable to Teamsters Local 688. Check mailed 8/26/02. (yv) Modified on 11/13/2002
October 30, 2002 Filing 3735 MEMORANDUM OF LAW by United States of Ame in support of [3734-1] motion for the Court to continue supervisory jurisdiction over enforcement of the 3/14/89 Consent Decree, [3734-2] motion to enjoin thom Ryan from prosecuting the action captioned Ryan v Intl Brotherhood of Teamsters Joint Council, 01 cv 2585 (EDPA) and directing Ryan to withdraw the action within ten days . (cd)
October 30, 2002 Filing 3734 DECLARATION of Andrew Schilling by United States of Ame in support Re: [3734-1] motion for the Court to continue supervisory jurisdiction over enforcement of the 3/14/89 Consent Decree, [3734-2] motion to enjoin thom Ryan from prosecuting the action captioned Ryan v Intl Brotherhood of Teamsters Joint Council, 01 cv 2585 (EDPA) and directing Ryan to withdraw the action within ten days; attached are exhibits in support (cd)
October 28, 2002 Filing 3733 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3704-1] appeal (pr)
October 24, 2002 Opinion or Order Filing 3732 STIPULATION and ORDER, regarding retention of record in the District Court . ( signed by Judge Loretta A. Preska ) (ae)
October 18, 2002 Filing 3731 EXHIBITS A-U to the Declaration of Paul Russo (Mr. Russo's declaration and the exhibits to it are, collectively, Exhibit 5 to the IRB's Investigative Report. The declaration, which referenced the exhibits, was included in the District Court record; but, through an error, the exhibits to the declaration were not included in the District Court record). (ae)
October 18, 2002 Filing 3730 Bane's EXHIBIT 19 - Affidavit of Joe Aloisio (admitted at the IRB Hearing, Transcript p. 255 and referred to in the IRB Decision at Page 8 and in the District Court's Opinion at page 8). (ae)
October 18, 2002 Filing 3729 Bane's EXHIBIT 9 - Affidavit of Nancy J. Attie (admitted at the IRB Hearing, Transcript p. 255 and reference to in the IRB Decision at Page 14 and in the District Court's Opinion at page 15). (ae)
October 18, 2002 Opinion or Order Filing 3728 STIPULATION and ORDER, to supplement the record Re: IRB Application 98 . ( signed by Judge Loretta A. Preska ) (ae)
September 13, 2002 Filing 3727 Memo-Endorsement on letter addressed to Judge Preska from Andrew W. Schilling, dated 9/6/02, granting US's request for a short extension of time, until 9/13, to continue our review of the matter and to provide the Court with our views on both motions ( signed by Judge Loretta A. Preska ); Copies mailed; also docketed in 01 cv 9285 (cd)
September 9, 2002 Filing 3725 MEMORANDUM OF LAW in support of the Chief Investigator's Application for the Issuance of Subpoenas for Records from the Local 522 Benefit Funds. (djc)
September 6, 2002 CASHIER'S OFFICE REMARK on [3723-1] motion for an Order purs. to Rule 1.3(c) of this Court's Local Civil Rules admitting attorney Matthias A. Lydon, Esq. to the Bar of this Court pro hac vice for all purposes in connection with Application 102 of the Independent Review Board for Enforcement of the Opinion and Decision of the Independent Review Board, In the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo, which arises under the Consent Order. in the amount of $25.00 paid on 9/12/02 Receipt # 450268. (laq)
September 6, 2002 Opinion or Order Memo endorsed on motion; granting [3723-1] motion for an Order purs. to Rule 1.3(c) of this Court's Local Civil Rules admitting attorney Matthias A. Lydon, Esq. to the Bar of this Court pro hac vice for all purposes in connection with Application 102 of the Independent Review Board for Enforcement of the Opinion and Decision of the Independent Review Board, In the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo, which arises under the Consent Order., granting [3723-2] motion for an Order purs. to Rule 1.3(c) of this Court's Local Civil Rules admitting attorney Derek G. Barella, Esq., to the Bar of this Court pro hac vice for all purposes in connection with Application 102 of the Independent Review Board for Enforcement of the Opinion and Decision of the Independent Review Board, In the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo, which arises under the Consent Order. ( signed by Judge Loretta A. Preska ); Copies mailed. (Sent to the Attorney Admissions Clerk). (kw)
September 4, 2002 Filing 3726 Chief Investigaror's NOTICE OF MOTION for the issuance of subpoenas for records from the Local 522 Benefit Funds ; Return Date not indicated. Attached is Declaration in support. (djc)
August 23, 2002 Filing 3724 MEMORANDUM OF LAW in opposition to [3715-1] motion for an Order staying the enforcement of the opinion and decision of the Independent Review Board in the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo pending the Court's ruling on the IRB's Application 102 and Hogan's and Passo's objections thereto, and in opposition to the [3717-1] motion for an Order supplementing the administrative record developed before Independent Review Board in the matter of the charges against William T. Hogan, Jr., and Dane Passo, with newly discovered "extra-record evidence" that is directly to the IRB's charge and decision against Hogan. (tp)
August 19, 2002 Filing 3723 NOTICE OF MOTION (filed on service date) by William T. Hogan Jr., Dane Passo for an Order purs. to Rule 1.3(c) of this Court's Local Civil Rules admitting attorney Matthias A. Lydon, Esq. to the Bar of this Court pro hac vice for all purposes in connection with Application 102 of the Independent Review Board for Enforcement of the Opinion and Decision of the Independent Review Board, In the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo, which arises under the Consent Order. , and for an Order purs. to Rule 1.3(c) of this Court's Local Civil Rules admitting attorney Derek G. Barella, Esq., to the Bar of this Court pro hac vice for all purposes in connection with Application 102 of the Independent Review Board for Enforcement of the Opinion and Decision of the Independent Review Board, In the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo, which arises under the Consent Order. No Return Date. Declaration of Andrew T. Hahn attached. (sb)
August 16, 2002 Filing 3722 Memo-Endorsement on letter addressed to Judge Preska from Andrew W. Schilling, dated 8/6/02. Granting the Government's request to have until 9/5/02 to submit papers in response to the most recent submission of Sombrotto and Gonzalez . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
August 16, 2002 Opinion or Order Filing 3721 Memo-Endorsement on letter addressed to Judge Preska from Andrew T. Hahn, Esq., dated 8/13/02. Response to Motion set for 8/23/02 re: [3717-1] motion for an Order supplementing the administrative record developed before the Independent Review Board in the matter of the charges against William T. Hogan, Jr., and Dane Passo, with newly discovered "extra-record evidence" that is directly relevant to the IRB's charge and decision against Hogan, and for 8/23/02 re: [3715-1] motion for an Order staying the enforcement of the opinion and decision of the Independent Review Board in the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo pending the Court's ruling on the IRB's Application 102 and Hogan's and Passo's objections thereto ; Reply to Response to Motion set for 9/13/02 re: [3717-1] motion for an Order supplementing the administrative record developed before the Independent Review Board in the matter of the charges against William T. Hogan, Jr., and Dane Passo, with newly discovered "extra-record evidence" that is directly relevant to the IRB's charge and decision against Hogan, for 9/13/02 re: [3715-1] motion for an Order staying the enforcement of the opinion and decision of the Independent Review Board in the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo pending the Court's ruling on the IRB's Application 102 and Hogan's and Passo's objections thereto . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
August 13, 2002 Filing 3719 Memo-Endorsement on letter addressed to Judge Preska from Andrew T. Hahn, Esq., dated 7/31/02. Granting respondent Hogan's request to submit a reply brief not longer than 20 pages . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
August 13, 2002 USCA Case Number Re: [3704-1] appeal USCA NUMBER: 02-6153 (pr)
August 12, 2002 Opinion or Order Filing 3720 ORDER. The Clerk of the Court shall return the sum of $5000.00 (plus interest accrued on that amount since November 6, 1998) to Local 688. Payment shall be made by government check, payable to "Teamsters Local 688," and sent to Attn: Joseph A. Galli, Secretary-Treasurer, 300 South Grand, St. Louis, Missouri 63103. The Clerk of the Court shll return the sum of $200,000.00 (plus interest accrued on that amount since October 13, 1998) to the IBT. Payment shall be made by government check, payable to the "International Brotherhood of Teamsters," and sent to Attn: Patrick Szymanski, Esq., Gen. Counsel, 25 Louisiana Avenue, N.W. Washington, D.C. 20001; The Clerk of the Court shall, after returning the sums stated above, close the Account ; ( signed by Judge Loretta A. Preska ); Copies mailed. (copy of docmt forwarded to Anne Ford and Cashiers' on 08/15/02 at 10:15 a.m.) (djc) Modified on 08/15/2002
August 9, 2002 Filing 3718 MEMORANDUM OF LAW by William T. Hogan Jr.in support of [3717-1] motion for an Order supplementing the administrative record developed before the Independent Review Board in the matter of the charges against William T. Hogan, Jr., and Dane Passo, with newly discovered "extra-record evidence" that is directly relevant to the IRB's charge and decision against Hogan . (sb)
August 9, 2002 Filing 3717 NOTICE OF MOTION (filed on service date) by William T. Hogan Jr. for an Order supplementing the administrative record developed before the Independent Review Board in the matter of the charges against William T. Hogan, Jr., and Dane Passo, with newly discovered "extra-record evidence" that is directly relevant to the IRB's charge and decision against Hogan . No Return Date. Affidavit of Robert Voss attached. (sb)
August 9, 2002 Filing 3716 MEMORANDUM OF LAW by William T. Hogan Jr.in support of [3715-1] motion for an Order staying the enforcement of the opinion and decision of the Independent Review Board in the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo pending the Court's ruling on the IRB's Application 102 and Hogan's and Passo's objections thereto . (sb)
August 9, 2002 Filing 3715 NOTICE OF MOTION (filed on service date) by William T. Hogan Jr. for an Order staying the enforcement of the opinion and decision of the Independent Review Board in the Matter of the Hearing of William T. Hogan, Jr. and Dane Passo pending the Court's ruling on the IRB's Application 102 and Hogan's and Passo's objections thereto . No Return Date. (sb)
August 6, 2002 Opinion or Order Filing 3714 ORDER/ENDORSEMENT, application 101 of the IRB is granted and the IRB decision is affirmed in all respects . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
August 2, 2002 Filing 3713 REPLY BRIEF by William T. Hogan Jr. in support of re: [3707-1] miscellaneous (sac)
July 19, 2002 Filing 3712 MEMORANDUM OF LAW in support of the Independent Review Board's Application 102- In the matter of William T. Hogan, Jr. and Dane Passo (cd)
July 16, 2002 Filing 3711 Memo-Endorsement on letter addressed to Judge Preska from Celia Zahner, dated 7/12/02; granting the Chief Investigators request for permission to submit a memorandum no longer than 75 pages . ( signed by Judge Loretta A. Preska ); Copies mailed. (jp)
July 16, 2002 Filing 3710 Memo-Endorsement on letter addressed to Judge Preska from Andrew Hahn, dated 7/1/02; granting consel for William Hogan's request to submit a brief of 40 pages and Respondent Passo's brief of not longer than 30 pages . ( signed by Judge Loretta A. Preska ); Copies mailed. (jp)
July 3, 2002 Filing 3709 Dane Passo's Objection(s) to application No. 102 of the Independent Review Board. (pl)
July 3, 2002 Filing 3708 DECLARATION of Andrew T. Hahn, Esq. in support Re: [3707-1] miscellaneous . (pl)
July 3, 2002 Filing 3707 Objection(s) by William T. Hogan, Jr. to Application 102 of the Independent Review Board Opinion and Decision of the Independent Review Board in the matter of the hearing of William T. Hogan, Jr. and Dane Passo. (pl)
June 17, 2002 Filing 3706 Quarterly Report 38 of The Independent Review Board under the Consent Order Article G. "Report to the Court". (ae)
June 13, 2002 Opinion or Order Filing 3705 STIPULATION and ORDER, regarding extension of the deadline in the Stipulation and Order dated 12/28/01 for the IBT and the IFA to resolve all issues outstanding between them as follows: the IBT shall implement the enhancements to its internal controls in the manner set forth in its 9/19/01 letter not later than 8/1/02; the IBT and the IFA shall resolve all matters that remain outstanding by no later than 6/28/02; the time within which the Government may request an independent review of the IBT's adherence to the recommendations and procedures implemented pursuant to the IBT's 9/19/01 letter and the 12/28/01 stipulation and order is extended until 8/1/03 . ( signed by Judge Loretta A. Preska ) (kw)
June 12, 2002 Notice of appeal and certified copy of docket to USCA: [3704-1] appeal ; Copy of notice of appeal sent to District Judge. (sb)
June 7, 2002 Filing 3704 NOTICE OF APPEAL by Michael C. Bane, Respondent in Application 98 of the Independent Review Board, from [3691-1] order application 98 of the IRB is granted and the IRB decision is affirmed in all respects . Copies of notice of appeal mailed to Attorney(s) of Record: A.U.S.A. Meredith E. Kotler, Esq. and Charles M. Carberry. $105.00 Appeal Filing Fee paid 6/10/02 on receipt # E 441622. (sb)
June 7, 2002 Filing 3702 Memo-Endorsement on letter addressed to Judge Preska from Jeffrey D. Pilgrim, dated 6/3/02 Re: Appliation No. 102 of the Independent Review Board: objection to the IRB Application No. 102 shall be fld with the Court and served on all parties on or before 7/3/02; responses to said objections shall be fld with the Court and served on all parties on or before 7/19/02; replies to said responses shall be fld with the Court and served on all parties on or before 8/2/02 ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
June 5, 2002 Opinion or Order Filing 3703 ORDER; Granting application 103 of the Independent review board-- Agreement Between the Independent Review Board and John Sperando . ( signed by Judge Loretta A. Preska ); Copies mailed. (jco)
May 31, 2002 Opinion or Order Filing 3701 ORDER, regarding issues concerning correspondences from any parties wishing to file objections and responses to said application No. 102 of the Independent Review Board concerning penalties imposed by the IRB against respondents William T. Hogan, Jr. and Dane Passo. The objections must be filed and served no later then 10 business days from the date hereof; and any responses to said objections, and replies must be filed and served no later then 10 business days of receipt of said objections . ( signed by Judge Loretta A. Preska ); Copies mailed. (tp)
May 16, 2002 Filing 3700 REPLY by Ed J. Mireles, Paul Roa Re: [3699-1] support memorandum (I.R.B.'s Application 101). (db)
May 8, 2002 Record on appeal files (01-6136) returned from U.S. Court of Appeals: [3594-1] appeal. (dt)
May 1, 2002 Filing 3699 MEMORANDUM OF LAW in support of [3683-1] remark . (bai)
April 29, 2002 Filing 3698 Quarterly Report 36 of the Independent Review Board. (yv)
April 29, 2002 Filing 3697 Quaterly Report 37 of the Independent Review Board. (yv)
April 25, 2002 Opinion or Order Filing 3696 STIPULATION and ORDER; regarding resolution as to the smooth functioning of the special Convention to facilitate the Government's review of matter that may implicate the Consent Decree, and to ensure timely application to this court in the event of dispute; Government should be given adequate advance notice of proposed constitutional amendments, should be provided with all materials considered by the committees, and should be permitted to attend those meetings held in advance of the Convention that addresses proposed constituitonal amendments and their presentation to the delegates ; ( signed by Judge Loretta A. Preska ) (djc) Modified on 04/29/2002
April 19, 2002 Filing 3694 Objection(s) by Joseph Vigliotti to Application No. 101 of the Independent Review Road in re charge against: Joseph Vigliotti. Transcript of Independent Review Board Meeting attached. (yv) Modified on 04/24/2002
April 18, 2002 Opinion or Order Filing 3695 STIPULATION and ORDER, paragraph 2 of the stipulation and order entered 12/28/01 is modified as follows: the IBT and the IFA shall resolve all matters that remain outstanding by no later than 5/28/02 . ( signed by Judge Loretta A. Preska ) (kw)
April 18, 2002 Opinion or Order Filing 3691 MEMORANDUM AND ORDER, application 98 of the IRB is granted and the IRB decision is affirmed in all respects ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
April 17, 2002 Filing 3693 Hearing Transcript and Exhibit list application no. 101 re: Vigliotti. (db)
April 17, 2002 Filing 3692 Hearing Transcript with Exhibit list to application no. 101 re: Vigliotti. (db)
April 12, 2002 Filing 3690 MANDATE OF USCA (certified copy) Re: affirm [3594-1] appeal. It is hereby ordered, adjudged, and decreed that the order of said District Court be and it hereby is affirmed. Issued as Mandate: 4/8/02, 01-6136 Roseann B. MacKechnie, Clerk, U.S.C.A. (sb)
April 10, 2002 Opinion or Order Filing 3689 STIPULATION AND ORDER of dismissal; IBT's motion for contempt dated 1/17/02 is resolved as set forth in the attached Assignment Agreement dated 3/20/02; All claims asserted in the motion for contempt shall be and hereby are dismissed; The Court retains jurisdiction to enforce this stipulation and order and the provisions of the confidential settlement agreement in the event of non-compliance ( signed by Judge Loretta A. Preska ) (cd)
April 8, 2002 Filing 3688 Memo endorsed on motion; granting [3682-1] motion authorizing the Office of the Election Officer to disburse any funds remaining in OEO's bank account, after payment of final expenses, according to the agreement of the parties (66.76% of the US Dept of Justice and 33.24% to the IBT) and thereafter to close all OEO accounts and to discharge the election officer . ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
March 29, 2002 Filing 3687 Memo-Endorsement on letter addressed to Judge Preska from Jay C. Shoulson, dated 03/26/02; counsel's request for an extension to file objections until 04/18/02 is granted ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
March 28, 2002 Opinion or Order Filing 3686 ORDER, should any party wish to file objections to said Application No. 101 of the IRB, such objections must be in writing and fld with the Court and served on all parties no later than 10 business days from the date hereof; in the event any such objections are fld, any response to said objections are fld, any response to said objections must be in writing and fld with the Court and served on all parties no later than 10 business days of receipt of said objections; in the event any such response(s) are fld, any replies to said response(s) must be fld with the Court and served on all parties no later than 10 business days of receipt of said response(s); courtesy copies of all papers shall be sent to Chambers on the same day they are fld ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
March 28, 2002 Filing 3685 Opinion and Decision of the Independant Review Board. (db)
March 28, 2002 Filing 3684 Acknowledgment of receipt of the opinion and decision of the Independent Review Board. Signed by Judge Preska. (db) Modified on 04/01/2002
March 28, 2002 Filing 3683 Application 101 of the Independent Review Board-- Opinion and Decision of the Independant Review Board in the matter of the hearing of Joseph Vigliotti. (db)
March 18, 2002 Filing 3682 NOTICE OF MOTION, by Michael Cherkasky, election officer authorizing the Office of the Election Officer to disburse any funds remaining in OEO's bank account, after payment of final expenses, according to the agreement of the parties (66.76% of the US Dept of Justice and 33.24% to the IBT) and thereafter to close all OEO accounts and to discharge the election officer ; Return date 8/5/96; attached is a declaration in support (cd)
March 14, 2002 Opinion or Order Filing 3681 ORDER, that the Clerk of the Court is directed to mark the motions listed as indicated: Doc. #'s 3175 and 3277 to be Denied; Doc. #'s 3420 and 3466 to be Denied as moot . ( signed by Judge Loretta A. Preska ); Copies mailed. (tp)
March 12, 2002 Opinion or Order Filing 3673 ORDER, that should any party wish to file objections to Application No. 100 of the IRB, such objections must be in writing and filed with the Court and served on all parties no later than 10 business days from the date hereof; In the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on all parties no later than 10 business days of receipt of said objections; In the event any such response(s) are filed, any repl(ies) to said response(s) must be filed with the Court and served on all parties no later than ten business days of receipt of said response(s); and coourtesy copies of all papers shall be sent to Chambers on the same day they are filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (tp)
March 12, 2002 Opinion or Order Filing 3672 ORDER, denying [3175-1] motion for an order vacating the 3/4/99 decision issued by Election Appeals Master, Kenneth Conboy, Esq. in Case No. 99 Elec. App. 428 (KC) 3/4/99; denying [3175-2] motion for an order summarily dismissing the protest as against the Petitioners; denying [3277-1] motion for Relief from Judgment under Rule 60(b); denying as moot [3420-5] motion that Sombrotto pay all costs, reasonable expenses, and atty's fees incurred to date by the IBT to force Sombrotto's compliance with the 3/1 Order, including the costs of deposing him for the purpose of eliciting responses to questions that he refused to answer on 3/6/00; denying as moot [3420-4] motion that this court issue an Order finding Vincent J. Sombrotto in civil contempt of this Court's 3/1/Order by failing to respond to questions during his deposition; denying as moot [3420-3] motion that this Court issues an Order for Rodriguez to appear at a deposition on 3/20/00 in the pm and that if he fails to appear a warrnat for his arrest should be issued; denying as moot [3420-2] motion that this Court directs Rodriguez to pay deft/petitioner all costs, expenses, and reasonable atty's fees incurred to date by the IBT to force Rodriguez' compliance with the 3/1 order; that this Court direct Rodriguez to pay deft/petitioner all costs, expenses and reasonable atty's fees unnecessarily incurred by the IBT for the deposition at which Rodriguez failed to appear; denying as moot [3420-1] motion that this Court issue an Order finding Luis Rodriguez in civil contempt of this court's 3/1 Order by failing to appear at a Court-ordered deposition; denying as moot [3466-1] joint motion purs. to Paragraphs 12 and 16 of the 3/16/89 consent decree seeking an order approving and so ordering a rule in the 2001 Election Rules providing a limited right of access for IBT members to employee parking lots on employer premises in connection w/ Campaigning in the 2000-2001 IBT International Union Delegate and Officer Election. ( signed by Judge Loretta A. Preska ); Copies mailed. (ae)
March 8, 2002 Filing 3680 EXHIBITS of 10/19/01 Hearing Transcript re: Eddie L. Jacobson. (kkc)
March 8, 2002 Filing 3679 EXHIBITS of 10/19/01 Hearing, Chief Investigator's Added Exhibits 6A & 43-47 and Jacobson Exhibits A-J & U, re: Eddie L. Jacobson. (kkc)
March 8, 2002 Filing 3678 EXHIBITS of Investigative Report 5/23/01 Volume IV re: Eddie L. Jacobson. (kkc)
March 8, 2002 Filing 3677 EXHIBITS of Investigative Report 5/23/01 Volume III re: Eddie L. Jacobson. (kkc)
March 8, 2002 Filing 3676 EXHIBITS of Investigative Report 5/23/01 Volume II re: Eddie L. Jacobson. (kkc)
March 8, 2002 Filing 3675 EXHIBITS of Investigative Report 5/23/01 Volume I re: Eddie L. Jacobson. (kkc)
March 8, 2002 Filing 3674 MEMO-ENDORSEMENT on Acknowledgement of Receipt of the Opinion & Decision; the Court hereby acknowledges that the Opinion and Decision of the IRB of Application 100 of the Independent Review Board for the Int'l Brotherhood of Teamsters has been rec'd by this Court. ( signed by Judge Loretta A. Preska ); Copies mailed. (sac)
March 8, 2002 Opinion or Order Filing 3671 ORDER, should Respondent Jacobson or the Int'l Brotherhood of Teamsters wish to file objections to said Application, such objections must be in writing and filed with the Court and served on the Government, the Office of the Chief Investigator, and the Adminstrator, IRB, no later than ten business days from the date hereof. ( signed by Judge Loretta A. Preska ); Copies mailed. (sac)
February 11, 2002 Opinion or Order Filing 3670 ORDER; Respondent's Response to motion reset to 3/15/02 for [3666-1] motion for an order, inter alia, to punish Vincent J. Sombrotto for contempt of Court, and such punishment may consist of a fine or imprisonment, or both, according to law, plus requiring the payment of costs and attorney's incurred in prosecuting this motion ; Respondent's Reply to Response to Motion reset to 3/29/02 for [3666-1] motion for an order, inter alia, to punish Vincent J. Sombrotto for contempt of Court, and such punishment may consist of a fine or imprisonment, or both, according to law, plus requiring the payment of costs and attorney's fees incurred in this motion ; Return date reset to 9:00 4/12/02 for [3666-1] motion for an order, inter alia, to punish Vincent J. Sombrotto for contempt of Court, and such punishment may consist of a fine or imprisonment, or both, according to law, plus requiring the payment of costs and attorney's fees incurred in prosecuting this motion . ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
January 28, 2002 Filing 3669 Memo-Endorsement on letter addressed to Judge Preska from Laura Matlow, dated 01/17/02; Re: counsel requests permission for alternaitve service of Notice of Motion for Contempt, Memorandum of Law in support of the Motion for Contempt and Affidavit of Laura Matlow; the request is denied without prejudice to renewal after reasonable attempts to serve Mr. Sombrotto ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
January 17, 2002 Filing 3668 AFFIDAVIT of Laura Matlow by United States of Ame in support of [3666-1] motion for an order, inter alia, to punish Vincent J. Sombrotto for contempt of Court, and such punishment may consist of a fine or imprisonment, or both, according to law, plus requiring the payment of costs and attorney's fees incurred in prosecuting this motion . (db)
January 17, 2002 Filing 3667 MEMORANDUM OF LAW by United States of Ame in support of [3666-1] motion for an order, inter alia, to punish Vincent J. Sombrotto for contempt of Court, and such punishment may consist of a fine or imprisonment, or both, according to law, plus requiring the payment of costs and attorney's fees incurred in prosecuting this motion . (db)
January 17, 2002 Filing 3666 NOTICE OF MOTION (FILED ON SERVICE DATE) by United States of America for an order, inter alia, to punish Vincent J. Sombrotto for contempt of Court, and such punishment may consist of a fine or imprisonment, or both, according to law, plus requiring the payment of costs and attorney's fees incurred in prosecuting this motion . No Return date. (db)
January 16, 2002 Filing 3665 Letter filed by United States of Ame addressed to Judge Preska from Andrew W. Schilling, dated 12/18/01, re: parties agreement to terminate the authority of the Independant Financial Auditor. (db)
December 28, 2001 Opinion or Order Filing 3664 STIPULATION and ORDER; the IBT shall implement the enhancements to its internal controls recommended by Arthur Andersen in the manner set forth in its 9/19/01 letter. The IBT shall implement these enhancements as further set forth herein, within 90 days after entry by this Court of this Stipulation and Order. Except as otherwise provided herein, the authority of the Independent Financial Auditor shall terminate 30 days after entry by this Court of this Stipulation and Order . ( signed by Judge Loretta A. Preska ) (sn)
December 14, 2001 Filing 3663 MANDATE OF USCA (certified copy) Re: [3557-1] appeal. Appelle moves to dismiss appellants' ppeal for lack of appellate jurisdiction due to failure to file a timely notice of appeal. Since appellants failed to file a timely notice of appeal pursuant to Fed. R. App. P.4(a) and the judgment entered on 7/6/01 did not recommence the tolling of the time limit, the motion is granted. Issued as mandate: 12/11/01, 01-6152 Roseann B. Mackechnie, Clerk, U.S.C.A. *(Attached Statement of Costs taxed in the amount of $1,993.34 in favor of Appellee, International Brotherhood of Teamsters)*. (rmo) Modified on 02/14/2002
December 5, 2001 Filing 3662 AFFIDAVIT OF SERVICE of IRB's Quarterly Report 36 as to Andrew W. Schilling, AUSA, Charles M. Carberry, Esq. by UPS next day air on 11/19/01, and to Patrick J. Szymanski, Esq. via hand delivery. (db)
November 21, 2001 Opinion or Order Filing 3661 ORDER, Sombrotto, Gonzalez, Local 116, and any other labor organization controlled by Sombrotto or Gonzalez or in which either Sombrotto or Gonzalez serves as an officer are permanently enjoined as set forth in this document . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
October 22, 2001 Opinion or Order Memo endorsed on motion, Doc. #3655; for an order permitting alternative service of a subpoena requiring the deposition of Vincent J. Sombrotto by regular mail to his home, and by regular and overnight mail to his office. Upon Mr. Sombrotto's consent, he may be served by mail at his office . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
October 15, 2001 Opinion or Order Filing 3660 ORDER; Return date reset to 10:00 10/19/01 for [3655-1] motion for an Order permitting Alternative Service of a Subpoena requiring the deposition of Vincent J. Sombrotto by Regular mail to his home ; Opposing papers to motion reset to 5:00 10/16/01 for [3655-1] motion for an Order permitting Alternative Service of a Subpoena requiring the deposition of Vincent J. Sombrotto by Regular mail to his home ; Reply papers, if any, to motion reset to 5:00 10/18/01 for [3655-1] motion for an Order permitting Alternative Service of a Subpoena requiring the deposition of Vincent J. Sombrotto Regular mail to his home. This document shall be served by hand or facsimile and courtesy copies delivered to chambers by p.m. on 10/1/01 . ( signed by Judge Loretta A. Preska ); Copies mailed. (pl) Modified on 10/18/2001
October 10, 2001 Opinion or Order Filing 3659 ORDER; any opposition to the application by the Independent Review Board's Chief Investigator to the issuance of a subpoena directing James E. Wilkerson to testify before the IRB on 10/17/01 in Las Vegas in connection with charges against Messrs. Passo and Hogan shall be filed by 10/5/01 at 5:00 PM . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
October 5, 2001 Filing 3658 William T. Hogan Jr and Dane Passos' OPPOSITION/RESPONSE to [3656-1] motion for the expedited issuance of subpoena for James E. Wilkerson to testify before the Independent Review Board. (djc)
October 3, 2001 Filing 3657 MEMORANDUM OF LAW in support of [3656-1] motion for the expedited issuance of a subpoena for James E. Wilkerson to testify before the Independent Review Board . (djc)
October 3, 2001 Filing 3656 Chier Investigator's NOTICE OF MOTION (filed on service date); for the expedited issuance of a subpoena for James E. Wilkerson to testify before the Independent Review Board ; Return date not indicated. Attached is Declaration in support of Celia Zahner (djc)
October 2, 2001 Filing 3655 NOTICE OF MOTION by Int'l Bro. of Teamst; for an Order permitting Alternative Service of a Subpoena requiring the deposition of Vincent J. Sombrotto by Regular mail to his home . Return date not indicated. Proposed Order attached. Filed on service date. (jco) Modified on 10/09/2001
September 26, 2001 Filing 3654 Transcript of record of proceedings before Judge Loretta A. Preska for the date(s) of 8/8/01. (yv)
September 26, 2001 Filing 3653 Transcript of record of proceedings before Judge Loretta A. Preska for the date(s) of 8/15/01. (yv)
September 24, 2001 Filing 3652 MANDATE OF USCA (certified copy) Re: [3423-1] appeal. It is hereby ordered, adjudged, and decreed that the judgment of said district court be and it herey is affirmed in part, vacated in part, and remanded to said district court for further proceedings in accordance with the opinion of this court. Issued as mandate: 9/10/01, 00-6116 Roseann B. MacKechnie, Clerk, U.S.C.A. (rmo)
September 24, 2001 Filing 3651 Memo-Endorsement on letter addressed to Judge Preska from William H. Webster, dated 9/7/01, William H. Webster is appointed to a new term as a member of the Independent Review Board commencing on 9/7/01 ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
September 24, 2001 Opinion or Order Filing 3650 ORDER; in response to Mr. Civiletti's letter dated August 27, 2001, Judge Webster may inform the Court in writing of his willingness to continue serving as a member of the Independent Review Board and reaffirm his oath. His new term will be deemed to begin on the date of his missive ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
September 6, 2001 Filing 3649 Respondent's Reply to the Response of the IRB-Chief Investigator and to the Response of the United States Government in the Matter of Michael C. Bane-Application 98. (djc)
August 31, 2001 Filing 3648 Election Administrator Report No. 4 July 2001. (kw)
August 30, 2001 Filing 3647 Transcript of record of proceedings before Judge David N. Edelstein on 6/22/93. (kw)
August 28, 2001 Filing 3646 Memo-Endorsement on letter addressed to Jeanette from William M. Donovan, dated 8/20/01, Re: Application 98 of the I.R.B. hearing on Charges against Michael C. Bane; granting counsel for Michael Bane's request that the 10 business day period to file his response will be due 9/5/01 . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
August 22, 2001 Filing 3645 Letter filed addressed to Honerable Judge Preska from Meredith E. Kotler, dated 8/21/01, . (bai)
August 21, 2001 USCA Case Number Re: [3605-1] appeal USCA NUMBER: 01-6152. (dt)
August 17, 2001 Filing 3644 MEMORANDUM OF LAW of the Chief Investigator in support of the Independent Review Board's Application 98 - in the matter of Michael C. Bane. (rag)
August 17, 2001 Filing 3643 MEMO-ENDORSEMENT on transcript of record of proceedings before Judge Preska on 8/15/01 at 9:16 AM; approving Mr. Civiletti's appointment to the Independent Review Board . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
August 17, 2001 Filing 3642 Memo-Endorsement on letter addressed to Judge Preska from Meredith E. Kotler, dated 8/16/01; granting the Government's request for an extension until 8/21/01 to submit a response to Michael C. Bane's objections to the IRB's Application No. 98 . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
August 14, 2001 Opinion or Order Filing 3641 Memo-Endorsement on letter addressed to Judge Preska from Andrew W. Schilling, dated 8/13/01; the Court modifies its 8/9 Order and schedules the hearing on the Government's proposed settlement of Mr. Civiletti for Wednesday, 8/15/01 at 9:00 a.m. ( signed by Judge Loretta A. Preska ); Copies mailed. (sac)
August 13, 2001 Filing 3640 Letter filed by Pierce, Duke, Donovan & Mengel PLC addressed to Judge Preska from William M. Donovan, dated 8/9/01; counsel writes to advise of new address effective 8/15/01: William M. Donovan c/o Donovan & Mordell, PLC, 420 West University, Rochester, Michigan, 48307. (kkc)
August 13, 2001 Filing 3639 Letter filed by United States of America addressed to Judge Preska from Andrew W. Schilling, dated 8/8/01; counsel writes to advise that Attorney General John Ashcroft appointed former Attorney General Benjamin R. Civiletti as the Government's designee to the Independent Review Board. (kkc)
August 10, 2001 Opinion or Order Filing 3638 ORDER; in response to the government's letter dated 8/8/01 informing the Court that the government has proposed Benjamin R. Civiletti, Esq., as its designee to the Independent Review Board, counsel and Mr. Civiletti shall contact the Court's deputy, Nicole Krug, at 212-805-0116, so that a hearing can be scheduled regarding Mr. Civiletti's proposed appointment and, if appropriate, to induct Mr. Civiletti as an Independent Review Board member; any papers regarding Mr. Civiletti's proposed appointment shall be filed 5 business days before the hearing date . ( signed by Judge Loretta A. Preska ); Copies mailed. (kkc)
August 8, 2001 Filing 3637 Letter filed by Int'l Bro. of Teamst addressed to Judge Preska from Patrick D. Kelly, dated 8/3/01; Mr. Patrick writes in regards to Michael C. Bane. (kkc)
August 8, 2001 Opinion or Order Filing 3631 ORDER, This Court hereby acknowledges that the Supplement to the Opinion and Decision of the IRB of Application 96 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning the Supplement Opinion and Decision of Application 96 of the IRB eith the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgement of Receipt ("the Acknowledgement") has been filed with the Clerk of the Court of the Southern District of New York, and That a copy of the Acknowledgement has been forwarded to the attorneys set forth on this Order . ( signed by Judge Loretta A. Preska ); Copies mailed. (tp)
August 7, 2001 Filing 3636 AFFIDAVIT OF SERVICE of IRB's Quarterly Report 35 by UPS on 8/3/01 to Andrew W. Schilling, AUSA. (djc)
August 7, 2001 Filing 3635 ACKNOWLEDGEMENT OF SERVICE of Quarterly Report 35 of the Independent Review Board by the Clerk of the Court on 8/6/01. (djc)
August 7, 2001 Filing 3634 Application 99 of the Independent Review Board -- Agreement Between the Independent Review Board and Frank Adamo. (djc)
August 7, 2001 Filing 3633 Independent Review Board's Quarterly Report 35 of the Independent Review Board under the Consent Order Article G. "Report to the Court" (djc)
August 7, 2001 Filing 3632 Letter filed by Int'l Bro. of Teamst addressed to Judge Preska from Patrick J.Szymanski, dated 08/03/01, re: in response to the August 1, 2001 letter from AUSA Andrew Schilling concerning next week's hearing on the Union's appointment of Joseph E. diGenova as a member of the Independent Review Board. (djc)
August 7, 2001 Opinion or Order Filing 3630 MEMORANDUM and ORDER, application 96 of the Independent Review Board, as modified, regarding the charges aginst the Local 337 respondents is granted ( signed by Judge Loretta A. Preska ); Copies mailed. (cd) Modified on 08/08/2001
August 6, 2001 Record on appeal files (99-6266) returned from U.S. Court of Appeals: [3310-1] appeal. (dt)
August 6, 2001 Filing 3629 Supplement to Opinion and Decision of the Independent Review Board of 5/31/01 in the matter of Lawrence P. Brennan, et al, filed by the Independent Review Board. (kkc)
August 6, 2001 Filing 3628 MEMORANDUM and OBJECTIONS by Michael C. Bane to Application no. 98 of the Independent Review Board. Exhibits attached. (kkc)
August 6, 2001 Filing 3627 Letter filed by Int'l Bro. of Teamster addressed to Judge Preska from Patrick J. Szymanski, dated 7/31/01; counsel writes in response to the Court's 7/25/01 and 7/26/01 Orders concerning the Union's appointment of Joseph E. DiGenova as its appointee to the Independent Review Board. (kkc)
August 6, 2001 Filing 3626 Letter filed by Int'l Bro. of Teamster addressed to Judge Preska from Patrick J. Szymanski, dated 7/20/01; counsel writesto notify the Court and the Attorney General that the Union has chosen the Honorable Joseph E. diGenova to be its member on the Independent Review Board. (kkc)
August 6, 2001 Filing 3625 Letter filed by United States of America addressed to Judge Preska from Andrew W. Schilling, dated 7/18/01; counsel writes in response to the 7/17/01 letter of the International Brotherhood of Teamsters and in further support of the Government's request for the prompt entry of an Order extending the terms of office of the current members of the Independent Review Board. (kkc)
August 6, 2001 Filing 3624 Letter filed by United States of America addressed to Judge Preska from Andrew W. Schilling, dated 7/13/01; counsel writes in connection with the terms of office of the current members of the Independent Review Board. (kkc)
August 6, 2001 Filing 3623 Letter filed by Int'l Bro. of Teamst addressed to Judge Preska from Patrick J. Szymanski, dated 07/17/01; re: response to the request of the U.S. Attorney to extend the terms of the current members of the Independent Review Board "until August 20, 2001, or until such time as the Court enters an order approving the appointment of IRB members to a new term of office, whichever is later." (djc)
August 3, 2001 Filing 3622 Letter filed by United States of Ame addressed to Judge Preska from Andrew W. Schilling, dated 8/1/01, re: all proposed appointments to the IRB (cd)
August 3, 2001 Filing 3621 Letter filed addressed to Judge Preska from John J. Cronin, Jr., dated 7/25/01, re: counsel's request for a rehearing (cd)
August 3, 2001 Filing 3620 Letter filed addressed to Judge Preska from William M. Donovan, dated 7/24/01, re: affidavit of service. (cd)
August 3, 2001 Filing 3619 Letter filed addressed to Judge Preska from William M. Donovan, dated 7/23/01, re: written objections to the IRB. (cd)
July 31, 2001 Filing 3618 Letter filed by United States of America addressed to Judge Preska from Meredith E. Kotler, dated 7/30/01, re: the Government submits this letter in further support of its 7/16/01 submission with respect to Application 96 of the Independent Review Board. (Docket and file as per Chambers) (sn)
July 30, 2001 Opinion or Order Filing 3617 ORDER; that the parties are reminded that the hearing regarding the proposed appointment of Mr. diGenova is scheduled for 8/8/01 at 10:00 a.m. in Courtroom 12A at 500 Pearl Street . ( signed by Judge Loretta A. Preska ); Copies mailed. (jp)
July 26, 2001 Opinion or Order Filing 3616 ORDER, that should respondent Michael C. Bane or the International Brotherhood of Teamsters wish to file objections to application no. 98 of the IRB, such objections must be in writing and filed with the Court and served on the Government, the Office of the Chief Investigator, and the Administrator, IRB, on or before 8/6/01 by 5:00 p.m.; In the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on respondent Michael C. Bane and theIBT no later than ten business days of receipt of said objections; In the event any such response is filed, any reply to said response must be filed with the Court and served on all counsel no later than ten business days of receipt of said response . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw) Modified on 07/31/2001
July 26, 2001 Opinion or Order Filing 3614 ORDER, in response to the IBT's letter dated 7/19/01, informing the Court that the IBT has proposed Joseph E. diGenova as its designee to the Independent Review Board, counsel and Mr. diGenova shall contact the Court's deputy, Nicole Krug, at (212) 805-0116, so that a hearing can be scheduled regarding Mr. diGenova's proposed appointment and, if appropriate, to induct Mr. diGenova as an IRB member. Any papers regarding Mr. diGenova's proposed appointment shall be fld five business days before the hearing date ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
July 24, 2001 Opinion or Order Filing 3615 ORDER, acknowledgment of receipt of the Independent review Board's report for the period 1996-2001 . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
July 20, 2001 Filing 3613 Opinion and decision of the Independent Review Board. (sn)
July 20, 2001 Filing 3612 Application 98 of the Independent Review Board--Opinion and Decision of the Independent Review Board in the matter of Michael C. Bane. (sn)
July 20, 2001 Filing 3611 Memo-Endorsement on letter addressed to Judge Preska from William M. Donovan, dated 7/19/01. Re: Counsel requests that they be permitted to file written objections w/in 10 business days from the date that the IRB issues a new determination or denies reargument; Counsel's request will be considered after any motion for reconsideration is filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (ae) Modified on 07/24/2001
July 20, 2001 Opinion or Order Filing 3610 ORDER; that the Government and the IBT shall each reappoint its member of the IRB, or designate a new member to serve on the IRB, by no later than 8/20/01; each party shall submit the name of its appointee or designee to the Court for its approval promptly after such reappointment or designation is made; the term of office of each current member of the IRB shall continue until such member is reappointed by his appointing entity, or his successor is designated, and until this Court enters an Order approving the reappointment or designation of such member . ( signed by Judge Loretta A. Preska ); Copies mailed. (kkc)
July 19, 2001 Filing 3609 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 98 OF THE INDEPENDENT REVIEW BOARD; this Court acknowledges that Application 98 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 98 of the IRB with the Clerk of the Court, SDNY. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to Frederick B. Lacey, Esq., Member of the Independent Review Board; and to William M. Donovan, Esq., Counsel for Michael C. Bane . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
July 19, 2001 Opinion or Order Filing 3607 ORDER; should respondent Michael C. Bane or the International Brotherhood of Teamsters wish to file objections to application no. 98 of the Independent Review Board, such objections must be in writing and filed with the Court and served on the Government, the Office of the Chief Investigator, and the Administrator, IRB, no later than 10 business days from the date hereof; in the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on respondent Michael C. Bane and the IBT no later than 10 business days of receipt of said objections; in the event any such response is filed, any reply to said response must be filed with the Court and served on all counsel no later than 10 business days of receipt of said response; courtesy copies of all papers shall be sent to Chambers on the same day they are filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (kkc)
July 17, 2001 Filing 3606 Letter filed by United States of Ame addressed to Judge Preska from Meredith E.Kotler, dated 07/16/01, re: connection with application 96 of the Independent Review Board, which includes its May 31, 2001 decision concerning charges against various current and former officers of Local 337 of the International Brothrhood of Teamsters. (djc)
July 13, 2001 Filing 3608 Letter filed by United States of America addressed to Judge Preska from Andrew W. Schilling, dated 7/13/01: counsel writes in connection with the terms of the current members of the Independent Review Board. (kkc)
July 12, 2001 Notice of appeal and certified copy of docket to USCA: [3605-1] appeal ; Copy of notice of appeal sent to District Judge. (sb)
July 11, 2001 Filing 3605 NOTICE OF APPEAL by Respondents, Vincent J. Sombrottoe, Luis Rodriguez, and Local 116; from [3604-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: A.U.S.A. and Vladeck, Waldman, Elias, & Engelhard, P.C. $105.00 Appeal Filing Fee paid 7/11/01 on receipt # E 411294. (sb)
July 5, 2001 Opinion or Order Filing 3604 JUDGMENT #01,1302, that Mendoza and anyone acting in concert with him is enjoined and restrained as set forth in this Judgment; that Reynaldo Mendoza shall on or before 12/14/01 withdraw the petition for representation filed at the National Labor Relations Board by him on behalf of the State Warehouse Employees Union; that Vincent J. Sombrotto Edwin Rodriguez and Local 116 are liable for their contempt and, in order to compensate the IBT for the losses sustained, shall make payable to the IBT, in care of their attorneys, Vladeck, Waldman, Elias & Engelhard, P.C., of a civil penalty in the amount of $50,000.00 in lawful money of the U.S., with liability therefor apportioned in the manner as set forth in this Judgment. ( signed by Judge Loretta A. Preska ); Mailed copies and notice of right to appeal. Entered Docket: 7/6/01. (ae) Modified on 07/06/2001
July 2, 2001 Opinion or Order Filing 3603 ORDER; the Government's time to file any objections to the IRB's Application No. 96 (Local 337 matter) is extended to 7/16/01 . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
June 27, 2001 Filing 3602 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3561-1] appeal by Paul Roa, Ed J. Mireles. (dt)
June 20, 2001 Opinion or Order Filing 3601 STIPULATION and ORDER, IRB Application No. LXXXVII, pursuant to FRAP 11(f), the parties to the appeal docketed as Case No. 01-6054 (Ed J. Mireles and Paul Roa, Appellants) in the USCA for the Second Circuit agree and stipulate that the record in the case, with the exception of the documents set forth on Schedule A attached hereto, shall be retained in the District Court unless thereafter the Court of Appeals shall order or any party shall request its transmittal to the Court of Appeals. This Stipulation shall not in any way affect the composition of the record on appeal under FRAP 10(a) . ( signed by Judge Loretta A. Preska ) (kw)
June 19, 2001 Filing 3600 MANDATE OF USCA (certified copy) Re: affirm [2794-1] appeal by Int'l Bro. of Teamst, [3081-1] appeal, [3310-1] appeal. It is now hereby ordered, adjudged and decreed that the judgment of said district court be and it hereby is affirmed in accordance with the opinion of this Court. Issued as Mandate: 6/13/01, 98-6262, 98-6232, 99-6266 Roseann B. MacKechnie, U.S.C.A. (sb)
June 19, 2001 Filing 3599 MANDATE OF USCA (certified copy) Re: dismiss [3557-1] appeal. The International Brotherhood of Teamsters has moved to dismiss the appeal. The motion to dismiss the appeal is granted. The Court lacks jurisdiction over this appeal because the notice of appeal is untimely pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure. Issued as Mandate: 6/14/01, 01-6039 Roseann B. MacKechnie, Clerk, U.S.C.A. (sb)
June 19, 2001 Filing 3598 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3594-1] appeal. (dt)
June 19, 2001 Indexed record on appeal files sent to the U.S.C.A. *(Containing only the following Documents, 471,472,473,3570 & 3594)* (dt)
June 13, 2001 Opinion or Order Filing 3597 MEMO-ENDORSEMENT on Affidavit and Agreement; that Joint Council makes this Affidavit and Agreement in order to resolve the IRB allegations described as set forth in this Affidavit and Agreement . ( signed by Judge Loretta A. Preska ); Copies mailed. (pl)
June 13, 2001 Filing 3596 MEMO-ENDORSEMENT on Affidavit and Agreement of Gary Mauger; application #97 granted ( signed by Judge Loretta A. Preska ); Copies mailed. (cd) Modified on 06/15/2001
June 13, 2001 Filing 3595 Application 97 of the Independent Review Board Agreement between the Independent Review Board and Gary Mauger. (jp)
June 13, 2001 Notice of appeal and certified copy of docket to USCA: [3594-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
June 11, 2001 Filing 3593 MEMO-ENDORSEMENT on Acknowlegment of Receipt of Application 97 of the Independent Review Board ( signed by Judge Loretta A. Preska ); Copies mailed. (lam)
June 11, 2001 Filing 3592 AFFIDAVIT OF SERVICE of Application 95 by UPS Next Day Air on 6/1/01. (jp)
June 11, 2001 Filing 3591 AFFIDAVIT OF SERVICE of Application 96 by UPS Next Day Air on 6/4/01. (jp)
June 11, 2001 Filing 3590 AFFIDAVIT OF SERVICE of Application 97 by UPS Next Day Air on 6/5/01. (jp)
June 11, 2001 Filing 3589 Application 96 of the Independent Review Board Opinion and Decision of the Independent Review Board in the Matter of Lawrence P. Brennan, et al. filed. (jp)
June 11, 2001 Filing 3588 Independent Review Board Opinion and Decision filed. (jp)
June 11, 2001 Filing 3587 MEMO-ENDORSEMENT on Acknowledgement of receipt of applcation 95; That this Court hereby acknowledges that Applicaiton 95 of the Independent Review Board for hte Int'l Brotherhood of Teadmsters has been received by this Court . ( signed by Judge Loretta A. Preska ); Copies mailed. (pl)
June 11, 2001 Opinion or Order Filing 3586 ORDER, the IBT shall provide the Govt and the IRB with all proposed Constitutional amendments submitted to the IBT purs to Article III, Sec 9(a) of the IBT as further set forth in this document ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
June 11, 2001 Opinion or Order Filing 3585 ORDER; that should the Government or the Office of the Chief Investigator, Independent Review Board, wish to file objections to Application No. 96, such objections must be in writing and filed with the Court and served on counsel for the Local 337 Respondents and the International Brotherhood of Teamsters no later than 10 business days from the date hereof; in the event any such objections are filed, any response to said objections must be in writing and filed with the Court and served on the Government and the Office of the Chief Investigator, Independent Review Board, no later than 10 business days of receipt of said objections; any reply to any such response(s) shall be served and filed no later than 5 business days of receipt of said response(s); courtesy copies of all papers shall be sent to Chambers on the same day they are filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (kkc)
June 11, 2001 Filing 3584 MEMO-ENDORSEMENT on Acknowledgment of Receipt of Application 96 of the Independent Review Board; this court further certifies that the instant acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to the persons as listed in this acknowledgment ; (signed by Judge Loretta A. Preska ); Copies mailed. (djc)
June 1, 2001 Filing 3583 Memo-Endorsement on letter addressed to Judge Preska from Frederick B. Lacey, dated 05/14/01; the firm's undertaking as described herein is approved ; (signed by Judge Loretta A. Preska ); Copies mailed. (djc)
May 31, 2001 Filing 3594 NOTICE OF APPEAL by Thomas R. O'Donnell ; from [3570-1] order this Opinion emanates from the voluntary settlement of an action commenced by the United States of America against, inter alia the International Brotherhood of Teamsters and the IBT's General Executive Board. The settlement is embodied in the voluntary consent decree order entered March 14, 1989. The goals of the Consent Decree are to rid the IBT of the hideous influence of organized crime and establish a culture of democracy withn the union. The long history of this case has been set forth in the court's numerous prior opinions. Acordingly, only those facts necessary for resolving the instant matter shall be set forth. For the foregoing reasons, Application 90 of the IRB is Granted and the IRB Decision is Affirmed in all respects . Copies of notice of appeal mailed to Attorney(s) of Record: A.U.S.A., Charles M. McCarberry, Esq., Mr. Patrick J. Szymanski. $105.00 Appeal filing fee paid 5/31/01 on receipt # E 407370. (dt)
May 25, 2001 Filing 3582 QUARTERLY REPORT 34 of the Independent Review Board under the consent Order Article G. "Report To The Court". (pl)
May 16, 2001 USCA Case Number Re: [3561-1] appeal by Paul Roa, Ed J. Mireles USCA NUMBER: 01-6054. (dt)
May 11, 2001 Filing 3581 NOTICE of attorney appearance for Int'l Bro. of Teamst by Larry Cary. (sac)
May 1, 2001 Filing 3580 Independent Review Board Chief Investigator's Office Total Expenses December 2000 (by Individual & Direct Expenses) (djc)
May 1, 2001 Filing 3579 Independent Review Board Chief Investigator's Office Total Expenses - February 2001 (by Individual & Direct Expenses). (djc)
May 1, 2001 Filing 3578 Independent Review Board Chief Investigator's Office Total Expenses - January 2001 (by Individual & Direct Expenses). (djc)
May 1, 2001 Filing 3577 Election Administrator's Report No. 3 - April 2001. (djc)
April 24, 2001 Opinion or Order Filing 3576 MEMORANDUM AND ORDER; the IBT's request for an order directing the IRB not to issue a decision in the Brennan Matter and granting a waiver of extension of the 90-day period in the Bane matter is denied in all respects ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
April 24, 2001 Opinion or Order Filing 3575 MEMORANDUM AND ORDER denying [3544-1] motion for an Order allowing the Union panel which was appointed to hear internal disciplinary charges against officers and former officers Teamsters Local 337 ("Brennan matter") the opportunity to submit a supplemental recommendation after hearing the testimony of two federal agents scheduled to appear before the IRB on Monday, 2/5/01 and to provide a similar that will allow a union panel to hear testimony from agents with respect to charges recommended by the IRB against Local 614 President Michael C. Bane ( signed by Judge Loretta A. Preska ); Copies mailed. (cd)
April 20, 2001 Filing 3574 Letter filed by Int'l Bro. of Teamst addressed to Judge Preska from Brian O'Dwyer, dated 4/18/01, re: counsel for the Union replies to the 4/11/01 letters from the Independent Review Board and the U.S. Attorney, which opposes the Union's request for a stay of IRB proceedings in the Brennan and Bane matters. (Docket and file as per Chambers) (sn)
April 19, 2001 Filing 3573 Letter filed by United States of Ame addressed to Judge Preska from ANdrew W. Schilling, dated 04/11/01, re: submission of letter in response to the April 6 letter application by IBT's. (djc)
April 19, 2001 Filing 3572 Letter filed addressed to Judge Preska from Charles M. Carberry, dated 04/11/01, re: suggesting that the IBT's letter requests be denied in their entirety; (djc)
April 17, 2001 Filing 3571 Letter filed addressed to Judge Preska from Charles M. Carberry, dated 04/11/01, re: recommending that the IBT's letter requests be denied in their entirety. (djc)
April 6, 2001 Record on appeal files (99-6248) returned from U.S. Court of Appeals: [3293-1] appeal. (dt)
April 5, 2001 USCA Case Number Re: [3557-1] appeal USCA NUMBER: 01-6039. (dt)
April 3, 2001 Opinion or Order Filing 3570 MEMORANDUM AND ORDER; this Opinion emanates from the voluntary settlement of an action commenced by the United States of America against, inter alia the International Brotherhood of Teamsters and the IBT's General Executive Board. The settlement is embodied in the voluntary consent decree order entered March 14, 1989. The goals of the Consent Decree are to rid the IBT of the hideous influence of organized crime and establish a culture of democracy withn the union. The long history of this case has been set forth in the court's numerous prior opinions. Acordingly, only those facts necessary for resolving the instant matter shall be set forth. For the foregoing reasons, Application 90 of the IRB is Granted and the IRB Decision is Affirmed in all respects ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
March 28, 2001 Opinion or Order Filing 3569 STIPULATION AND ORDER; the date by which the accounting firm must submit its report and recommendations to the IBT and the Government in accordance with paragraph 2 of the IFA Stipulation & Order is hereby extended through 3/30/01. The date by which the Government may exercise its option under paragraph 6 of the IFA Stipulation and Order to require the IBT to retain, at the IBT's expense, an accounting firm selected by the Government to review whether, and ensure that, the IBT is adhering to the recommendations implemeted purs. to the IFA Stipulation & Order is hereby extended throught 5/24/02. ( signed by Judge Loretta A. Preska ) (sac)
March 15, 2001 Filing 3566 Acknowledgment of receipt of Quarterly Report 33 of the Independent Review Board; this Court has caused to be filed the original documents concerning Quarterly Report 33 of the IRB with the Clerk of the Court of the SDNY; the instant Ackowledgment of Receipt has been filed with the Clerk of the Court of the SDNY and copies of the Acknowledgment have been forwarded to Frederick B. Lacey, Esq. ( signed by Judge Loretta A. Preska ); Copies mailed. (lam)
March 14, 2001 Filing 3565 Filed Quarterly Report 33 Of The Independent Review Board; docket and file as per chambers (lf) Modified on 03/15/2001
March 14, 2001 Opinion or Order Filing 3564 ACKNOWLEDGMENT OF RECEIPT OF QUARTERLY REPORT 33 OF THE INDEPENDENT REVIEW BOARD/ORDER, this Court hereby acknowledges that Quarterly Report 33 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Quarterly Report 33 of the IRB with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the SDNY, and that copies of the Acknowledgment have been forwarded to Frederick B. Lacey, Esq. ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
March 14, 2001 Filing 3563 AFFIDAVIT OF SERVICE of IRB's Quarterly Report 33 served upon Andrew W. Schilling, AUSA, Charles M. Carberry, Esq., John J. Cronin, Jr., Patrick J. Szymanski, Esq. by UPS Next Day Air on 2/1/01. (bm)
March 9, 2001 Filing 3562 REPLY MEMORANDUM by Int'l Bro. of Teamst re: [3559-1] opposition memorandum (pl)
March 2, 2001 Filing 3561 NOTICE OF APPEAL by Ed J. Mireles, Paul Roa ; from [3558-1] order application LXXXVII of the Independent Review Board regarding the charges and sanctions imposed against Edward J. Mireles and Paul Roa is granted . Copies of notice of appeal mailed to Attorney(s) of Record: Frederick B. Lacey, Esq., A.U.S.A. Andrew Schilling and Dennis E. Milton, Esq. $105.00 Appeal filing fee paid 3/2/01 on receipt # E 398930. (dt)
March 2, 2001 Notice of appeal and certified copy of docket to USCA: [3561-1] appeal by Paul Roa, Ed J. Mireles ; Copy of notice of appeal sent to District Judge. (dt)
February 21, 2001 Filing 3560 Letter filed by United States of Ame addressed to Judge Preska from Andrew W. Schilling, dated 2/21/01, re: the Government respectfully submits this letter in opposition to the application by the IBT concerning the procedures governing disciplinary charges against officers and former officers of IBT Local 337 and IBT Local 614 President Michael Bane; docket & file as per chambers (lf)
February 21, 2001 Opinion or Order Filing 3558 MEMORANDUM AND ORDER; application LXXXVII of the Independent Review Board regarding the charges and sanctions imposed against Edward J. Mireles and Paul Roa is granted ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
February 20, 2001 Filing 3557 NOTICE OF APPEAL by the Respondents, Vincent J. Sombrotto and Luis Rodriguez ; from [3518-1] order that the Court's 2/1/00 order is modiifed to include Reynaldo Mendoza by adding to it, as the sixth paragraph, the following as set forth in this order; that Reynaldo Mendaoz shall within 3 business days of the date hereof withdraw the petition for representation filed at the Nat'l Labor Relations Board by him on behalf of the State Warehouse Employees Union; that Vincent J. Sombrotto, Luis Rodriguez and Local 116, Production and Maintenance Employees Union, are in contempt of the Court's 2/1/00 Order for having continued, in contravention of the 2/1/00 Order, to organize State Warehouse Employees, and Vincent J. Sombrotto is in contempt of paragraph E10 of the Consent Decree by continuing to attempt to influence IBT affairs despite his suspension and by failing to abide by the spirit of the suspension; that Vincent J. Sombrotto, Edwin Rodriguez and Local 116, Production and Maintenance Employees Union are liable for their contempt and, in order to compensate the IBT for the losses sustained, shall make payment to the IBT, in care of their attys of a civil penalty in the amount of $50,000.00 with liability therefor apportioned in the following manner: I1) Sombrotto, Rodriquez and Local 116 are jointly and severally liable for $1,000; (2) Sombrotto and Rodriguez are jointly and severally liable for $49,000; such payment shall be made within 1 month of the date hereof; that all other requests for relief are denied . Copies of notice of appeal mailed to Attorney(s) of Record: A.U.S.A. Andrew W. Shilling. $105.00 Appeal filing fee paid 2/20/01 on receipt # E 397866. (dt)
February 20, 2001 Notice of appeal and certified copy of docket to USCA: [3557-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
February 15, 2001 Filing 3559 MEMORANDUM OF LAW in opposition to [3544-1] motion for an Order allowing the Union panel which was appointed to hear internal disciplinary charges against officers and former officers of Teamsters Local 337 ("Brennan matter") the opportunity to submit a supplemental recommendation after hearing the testimony of two federal agents scheduled to appear before the IRB on Monday, 2/5/01 and to provide a similar procedure that will allow a union panel to hear testimony from federal agents with respect to charges recommended by the IRB against Local 614 President Michael C. Bane . (pl)
February 6, 2001 Filing 3555 Memo-Endorsement on letter addressed to Judge Preska from Marc G. Whitefield and Robert Harrison, dated 02/01/01. Re: Petitioners' papers before Judge Edmunds have been forwarded to me. To the extent petitioners wish to supplement those papers, they shall do so by fax (212-805-7941) no later noon on February 2, 2001. I will inform counsel shortly after noon if I believe oral argument by telephone would be helpful ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc) Modified on 02/08/2001
February 6, 2001 Opinion or Order Filing 3554 ORDER; the Court has received a letter dated February 1, 2001 from the IRB concerning the Brennan and Bane matters; Should any party wish to file written materials in response thereto, such materials shall be filed with the Clerk of the Court and served on counsel for all parties no later than ten business days from the date hereof; in the event any such written materials are filed, any party wishing to file a response thereto, shall file such response with the Clerk of the Court and serve counsel for all parties no later than ten business days from the date such materials in response to the February 1, 2001 letter have been filed; Courtesy copies of all papers shall be sent to Chambers on the same day they are filed ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
February 5, 2001 Filing 3556 Letter filed by U.S.A., addressed to Judge Preska from Andrew W. Schilling, dated 2/1/01; Re: the Govt respectfully submits this letter in support of its applications for orders authorizing disclosure purs. to Rule 6(e)(3)(C)(i) of the Federal Rules of Criminal Procedure of certain grand jury materials to the Independent Review Board. (sac)
February 2, 2001 Filing 3553 Affidavit of service of Application 94, Compromise Agreement between the IRB and Ralph D'Andraia, and Acknowledgement of Receipt, by UPS Next Day Air on 1/23/01 (sn)
February 2, 2001 Filing 3552 Acknowledgement of receipt of Application 94 of the Independent Review Board. (sn)
February 2, 2001 Filing 3551 Application 94 of the Independent Review Board--agreement between the Independent Review Board and Ralph D'Andraia. (sn)
February 2, 2001 Filing 3550 AFFIDAVIT AND AGREEMENT of Ralph D'Andraia Re: to permanently resign IBT membership in order to resolve the charges described in paragraph 1 herein. (sn)
February 2, 2001 Filing 3549 Affidavit of service of Application 93, Compromise Agreement between the IRB and Craig Kirchner, and the Acknowledgement of Receipt, by UPS Next Day Air on 1/22/01. (sn)
February 2, 2001 Filing 3548 Acknowledgement of receipt of Application 93 of the Independent Review Board. (sn)
February 2, 2001 Filing 3547 AFFIDAVIT AND AGREEMENT of Craig Kirchner Re: to resolve the charges described in paragraph 1 herein. (sn)
February 2, 2001 Filing 3546 Application 93 of the Independent Review Board--agreement between the Independent Review Board and Craig Kirchner. (sn)
February 1, 2001 Filing 3545 MEMORANDUM OF LAW by Int'l Bro. of Teamst in support of [3544-1] motion for an Order allowing the Union panel which was appointed to hear internal disciplinary charges against officers and former officers of Teamsters Local 337 ("Brennan matter") the opportunity to submit a supplemental recommendation after hearing the testimony of two federal agents scheduled to appear before the IRB on Monday, 2/5/01 and to provide a similar procedure that will allow a union panel to hear testimony from federal agents with respect to charges recommended by the IRB against Local 614 President Michael C. Bane . (jp)
February 1, 2001 Filing 3544 NOTICE OF APPLICATION (filed on service date) by Int'l Bro. of Teamst; for an Order allowing the Union panel which was appointed to hear internal disciplinary charges against officers and former officers of Teamsters Local 337 ("Brennan matter") the opportunity to submit a supplemental recommendation after hearing the testimony of two federal agents scheduled to appear before the IRB on Monday, 2/5/01 and to provide a similar procedure that will allow a union panel to hear testimony from federal agents with respect to charges recommended by the IRB against Local 614 President Michael C. Bane ; Return date not indicated. Documents in support of application attached. (jp)
January 30, 2001 Opinion or Order Filing 3543 STIPULATION and ORDER, that the date which the accounting firm must submit its report and recommendations to the IBT and the Goverment in accordance with paragraph 2 of the IFA Stipulation and Order is hereby extended through 2/28/01; the date by which the Government may exercise its option under paragraph 7 of the IFA Stipulation and Order to require the IBT to retain, at the IBT's expense, an accounting firm selected by the Government to review whether, and ensure that, the IBT is adhering to the recommendations implemented purs to the IFA Stipulation and Order is hereby extended through 4/24/02 ( signed by Judge Loretta A. Preska ) (lam)
January 25, 2001 Filing 3542 AFFIDAVIT and AGREEMENT of Bernard Tennenbaum Re: to permanently resign my IBT membership in order to resolve the charges described in paragraph 1. This Agreement does not constitute an admission of the IBT of IRB charges. (djc)
January 25, 2001 Filing 3541 Affidavit of service of Application 92 and Compromise Agreements betw. the IRB and Bernard Tennenbaum and Gary Sass, members of Local Union 239 to the Hon. Loretta A. Preska Mr. John J. Cronin, Jr., Patrick J. Szymanski, Andrew W. Schilling, AUSA, Carles M. Carberry, Stuart Jay Young and Mr. Gary Sass by UPS Next day air on 1/17/01 (djc)
January 25, 2001 Filing 3540 AFFIDAVIT and AGREEMENT of Gary Sass Re: to Permanently resign my IBT membership in order to resolve the charges described in paragraph 1. This Agreement does not constitute an admission of the IBT or IRB charges. (djc)
January 25, 2001 Filing 3539 Application 92 of the Independent Review Board --Agreements Betw. the Independent Review Board and Bernard Tennenbaum and Gary Sass. (djc)
January 24, 2001 Filing 3538 Acknowledgment of Receipt of Application 92 of the IRB, this Court hereby acknowledges that Application 92 of the IRB ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 92 of the IRB with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to Frederick B. Lacey, Esq., Mr. Gary Sass and Stuart Jay Young, Esq. ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
January 22, 2001 Filing 3536 MANDATE OF USCA (certified copy) Re: Affirm judgment of the district court[3293-1] appeal. 99-6248, Roseann B. Mackechnie, Clerk (sl)
January 18, 2001 Filing 3537 MEMORANDUM OF LAW in support of the Independent of Review Board's Application 90 for an order affirming its Decision & Order dated 11/13/00. (sac)
January 5, 2001 Filing 3535 Letter filed addressed to Judge Preska from Patrick J. Szymanski, dated 1/3/01. (jp)
January 5, 2001 Opinion or Order Filing 3534 ORDER, to the extent that Mr. O'Donnell seeks a clarification with respect to whether and to what extent he may participate in the IBT 2001 election cycle, such request for clarification should be addressed to the IRB by fax no later than 1/5/01. ( signed by Judge Loretta A. Preska ); Copies mailed. (sac)
January 4, 2001 Filing 3533 Memorandum In Response To Applicaiton No. 90 Of The Independent Review Board In The Matter Of Thomas R. O'Donnell (lf)
January 4, 2001 Filing 3532 Written Objections To Amended Application No. 90 Of The Independent Review Board In The Matter Of Thomas R. O'Donnell by Thomas R. O'Donnell (lf)
January 2, 2001 Filing 3531 Letter filed by U.S.A. addressed to Judge Preska from Beth E. Goldman, dated 12/28/00; Re: the Govt respectfully submits this letter in support of the Independent Review Board's Application 90 concerning Thomas R. O'Donnell and in opposition to the objections of O'Donnell and the International Brotherhood of Teamsters to the IRB's opinion and decision. (sac)
December 28, 2000 Filing 3526 Transcript of record of proceedings before Judge Loretta A. Preska for the date(s) of 11/16/00. (db)
December 28, 2000 Filing 3525 ACKNOWLEDGMENTOF RECEIPT OF APPLICATION 91 OF THE INDEPENDENT REVIEW BOARD; this Court hereby acknowledges that Application 91 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has received by this Court, and that this Court has caused to be filed the original documents concerning Applicaiton 91 of the IRB with the Clerk of the Court of the Southern District of New York; this Court further certifies that the instant Acknowledgment of Receipt (the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: Frederick B. Lacey, Esq., LeBoeuf, Lamb, Greene & MacRae, One Riverfront Plaza, 6th Floor, Newark, New Jersey 07102-5490 - Member of the Independent Review Board; Mr. Anthony Evaristo, 42 Brighton Avenue, Kearney, New Jersey 07032 - Pro Se ; ( signed by Judge Loretta A. Preska ); Copies mailed. (lf)
December 27, 2000 Filing 3530 AFFIDAVIT AND AGREEMENT of Anthony Evaristo Re: to resolve charges described in paragraph 1 herein. (sn)
December 27, 2000 Filing 3529 Application 91 of the Independent Review Board -- Agreement between the Independent Review Board and Anthony Evaristo. (sn)
December 27, 2000 Filing 3528 Affidavit of service of IRB's Quarterly Report 32 by mail to Karen Konigsberg, AUSA; Charles M. Carberry, Esq.; John J. Cronin, Jr.; Patrick J. Szymanski, on 11/27/00. (sac)
December 27, 2000 Filing 3527 Quaterly Report 32 of the Independent Review Board. (sac)
December 22, 2000 Filing 3524 Independent Review Board Hearing Transcript dated 5/22/00 with exhibits IRB 1 - IRB 15 in the matter of Thomas R. O'Donnell. (kw)
December 22, 2000 Filing 3523 Hearing Exhibits: 3A - Errata Sheet; 23 - May 20, 1999 Transcript of Joint Council 16 Hearing. In the Matter of Thomas R. O'Donnell. (kw)
December 22, 2000 Opinion or Order Memo endorsed on motion; granting [3516-1] motion for an Order permitting Glenn Rothner to appear pro hac vice on behalf of respondents Ed J. Mireles and Paul Roa. ( signed by Judge Loretta A. Preska ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn)
December 19, 2000 Indexed record on appeal files (99-6266) sent to the U.S.C.A. *(Files requested by Donnell Bolden from the U.S.C.A.)*. (dt)
December 18, 2000 Filing 3522 Letter filed by addressed to Judge Preska from Patrick J.Szymanski, General C, dated 12/12/00, re: Application 90 of the Independent Review Board concerning disciplinary action taken against Thomas R. O'Donnell; docket & file as per chambers. (lf)
December 18, 2000 Filing 3521 Letter filed addressed to Judge Preska from Patrick J. Szymanski, General Counsel, dated 12/12/00, re: the enclosed letter in response to the Independent Review Board's Application 90; docket & file as per chambers (lf)
December 18, 2000 Filing 3520 Letter (copy) filed addressed to Thomas R. O'Donnell, Pres., Teamsters Local Union 817 from C. Thomas Keegel, Gen. Secretary-Treasurer, dated 11/1/99, re: C. Thomas Keegel's decision w/ respect to the charges proposed by the Independent Review Board; docket & file as per chambers. (lf)
December 18, 2000 Opinion or Order Filing 3519 ORDER, should the Government wish to file any response to the IRB application No. 98 and written objections, such response must be in writing and filed with the Court no later than ten business days from the date hereof. A courtesy copy shall be sent to Chambers on the same day such response, if any, is filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
December 13, 2000 Opinion or Order Filing 3518 ORDER, that the Court's 2/1/00 order is modiifed to include Reynaldo Mendoza by adding to it, as the sixth paragraph, the following as set forth in this order; that Reynaldo Mendaoz shall within 3 business days of the date hereof withdraw the petition for representation filed at the Nat'l Labor Relations Board by him on behalf of the State Warehouse Employees Union; that Vincent J. Sombrotto, Luis Rodriguez and Local 116, Production and Maintenance Employees Union, are in contempt of the Court's 2/1/00 Order for having continued, in contravention of the 2/1/00 Order, to organize State Warehouse Employees, and Vincent J. Sombrotto is in contempt of paragraph E10 of the Consent Decree by continuing to attempt to influence IBT affairs despite his suspension and by failing to abide by the spirit of the suspension; that Vincent J. Sombrotto, Edwin Rodriguez and Local 116, Production and Maintenance Employees Union are liable for their contempt and, in order to compensate the IBT for the losses sustained, shall make payment to the IBT, in care of their attys of a civil penalty in the amount of $50,000.00 with liability therefor apportioned in the following manner: I1) Sombrotto, Rodriquez and Local 116 are jointly and severally liable for $1,000; (2) Sombrotto and Rodriguez are jointly and severally liable for $49,000; such payment shall be made within 1 month of the date hereof; that all other requests for relief are denied ( signed by Judge Loretta A. Preska) Copies mailed. (lam)
December 11, 2000 Opinion or Order Filing 3517 MEMORANDUM & ORDER, that Application LXXXVIII of the Independent Review Board regarding the charges and sanctions imposed against Larry Stein is granted ( signed by Judge Loretta A. Preska ); Copies mailed. (lam)
December 8, 2000 Filing 3568 Letter filed addressed to Patrick J. Syzmanski from Frederick B. Lacey, dated 10/25/00, re: Bill of Services. (jp)
December 8, 2000 Filing 3567 Letter filed addressed to Patrick Szymanski from Frederick B. Lacey, dated 12/5/00, re: Bill of Serivces. (jp)
December 6, 2000 Filing 3515 Letter filed by United States of Ame addressed to Judge Preska from Andrew Schilling, dated 12/5/00, re: Application No. LXXXVII. (jp)
December 5, 2000 Filing 3514 MEMORANDUM OF LAW in support of Application LXXXVII of the Independent Reiew Board -- in the matter of Edward Mireles and Paul Roa. (sac)
December 5, 2000 Filing 3513 ACKNOWLEDGEMENT OF RECEIPT OF QUARTERLY REPORT 32 OF THE INDEPENDENT REVIEW BOARD; This Court acknowledges that Quarterly Report 32 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning Quarterly Report 32 of the IRB with the Clerk of the Court of the S.D.N.Y. This Court further certifies that the instant Acknowledgement of Receipt has been filed with the Clerk of the Court of the S.D.N.Y., and that copies have been forwarded to Frederick B. Lacey, Esq., LeBoeuf Lamb Greene & MacRae, One Riverfront Plaza, 6th Floor, Newark, NJ 07102 . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
December 4, 2000 Filing 3516 NOTICE OF MOTION (filed on service date) by Ed J. Mireles, Paul Roa; for an Order permitting Glenn Rothner to appear pro hac vice on behalf of respondents Ed J. Mireles and Paul Roa ; Return date not indicated. (jp)
November 27, 2000 Filing 3509 Memo-Endorsement on letter addressed to Judge Preska from Robert J. Costello, dated 11/17/00; granting counsel's request that they be permitted to file written objections ten business days from the date that the IRB issues a new determination or denies argument ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
November 21, 2000 Opinion or Order Filing 3508 ORDER; that should the Government wish to file a response to respondents' objections to IRB application concerning penalties imposed against Respondents Mireles and Roa, such response must be in writing and filed with the Court no later than 10 business days of the issuance of this Order at 5:00 p.m. . Courtesy copies of all papers shall be sent to Chambers on the same day they are filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (pl)
November 17, 2000 Opinion or Order Filing 3512 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION 90 OF THE INDEPENDENT REVIEW BOARD; this Court hereby acknowledges that Application 90 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be lifted the original documents concerning Application 90 of the IRB with the Clerk of the Court of the S.D.N.Y.; this Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the S.D.N.Y., and that a copy of the Acknowledgment has been forwarded to the attys. listed and set forth in this Order . ( signed by Judge Loretta A. Preska ); Copies mailed. (ae)
November 17, 2000 Filing 3506 Acknowledgment of Receipt of Amended Application 90 of the Independent Review Board; this court herby acknowledges that Amended Application 90 of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning amended application 90 of the IRB with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to the following: Frederick B. Lacey, Esq., of LeBoeuf, Lamb, Greene & Macrae, Member of the Independent Review Board and Robert J. Costello, Esq., of Gibney Anthony & Flaherty, L.L.P., atty for respondent ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc)
November 17, 2000 Opinion or Order Filing 3505 ORDER; should respondent wish to file objections to Application No. 90 of the IRB concerning penalties the IRB imposed against respondent O'Donnell, such objections must be in writing and filed with the Court no later than 10 business days from the date hereof. A courtesy copy shall be sent to Chambers on the same day as such objections, if any, are filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
November 17, 2000 Filing 3502 CERTIFICATE OF SERVICE of Charles P. MeMartin, Esq.; re a true copy of Affirmation in Opposition; by depositing same into the custody of United Parces Service via overnight delivery, and facsimile transmission; on 11/13/00; on the following: Vladeck, Waldman, Elias & Engelhard Attn: Lary Carey, Esq.; Judge Loretta A. Preska U.S.D.C., S.D.N.Y.; Kevin P. Quill Esq.; AUSA Beth Goldman U.S. Attny's Office. (lf)
November 17, 2000 Filing 3501 Memo-Endorsement on letter addressed to Judge Preska from Karen B. Konigsberg, dated 11/06/00; granting government's request that the IRB use Arabic numerals rathar than Roman numerals on future applications ; ( signed by Judge Loretta A. Preska); Copies mailed. (djc)
November 16, 2000 Filing 3511 RULE 1.9 CERTIFICATE filed by respondents Ed J. Mireles and Paul Rosa. (jp)
November 16, 2000 Filing 3510 Respondents' objections to IRB application No. LXXXVII and Memorandum of Points and Authorities in support filed. (jp)
November 16, 2000 Filing 3507 Opinion and Decision of the Independent Review Board (djc)
November 16, 2000 Filing 3504 Letter filed by United States of Ame addressed to Judge Preska from Andrew W. Schilling, dated 11/15/00, re: in connection with the order to show cause by the International Brotherhood of Teamsters against Vincent Sombrotto, Edwin Gonzalez, and various other entities and individuals. (djc)
November 16, 2000 Filing 3503 Independent Review Board Investigative Report - December 3, 1998 with Exhibits 1-22; In the Matter of Thomas R. O'Donnell. (djc)
November 15, 2000 Filing 3500 REPLY MEMORANDUM by Int'l Bro. of Teamst in support of Order to Show Cause. (kw)
November 15, 2000 Filing 3499 AFFIDAVIT of Laura Matlow by Int'l Bro. of Teamst. (kw)
November 15, 2000 Filing 3497 original of application no. 89; docket & file as per chambers (lf)
November 15, 2000 Filing 3496 original affidavit of service; docket & file as per chambers (lf)
November 15, 2000 Filing 3495 original of acknowledgment of receipt signed by Judge Preska on 11/14/00; docket & file as per chambers (lf)
November 15, 2000 Opinion or Order Filing 3494 original of affidavit and agreement signed by all parties and so ordered by Judge Preska on 11/15/00; (docket and file as per chambers) (lf)
November 14, 2000 Filing 3493 EXHIBITS to declaration of William Turis, by Int'l Bro. of Teamsters. (sn)
November 14, 2000 Filing 3492 AFFIDAVIT AND AGREEMENT of J.D. Potter Re: Agreement between the Independent Review Board and J.D. Potter. (sn)
November 14, 2000 Filing 3491 AFFIDAVIT AND AGREEMENT of Harold Branche Re: agreement between the Independent Review Board and Harold Branche. (sn)
November 14, 2000 Filing 3490 AFFIRMATION of Kevin P. Quill in opposition to Order to Show Cause. (sac)
November 14, 2000 Filing 3489 MEMORANDUM OF LAW in opposition to Order to Show Cause by respondents State Warehouse Employees Union, Reynaldo Mendoza, Carlos Valdez, Amalia Recalde, and Carlos Vigie, as Individuals and in their capacities as officers or representative of State Warehouse Employees Union. (sac)
November 13, 2000 Opinion or Order Filing 3488 ORDER, respondents Mireles and Roa's request for a stay of the IRB's Opinion and Decision is denied . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw)
November 13, 2000 Filing 3487 DECLARATION of William Turis by Int'l Bro. of Teamst in support Re: application to enforce the Consent Decree issued on 3/14/89 (cd)
November 13, 2000 Filing 3486 AFFIRMATION of Charles P. DeMartin, Esq. in opposition in opposition to the petitioner's order to show cause dated 11/6/00. (kw)
November 8, 2000 Opinion or Order Filing 3485 MEMORANDUM and ORDER; that for the reasons set forth on this Memorandum and Order, the Consent Decree "is an attempt to rebuild the infrastructure of an entire national labor organization" and "this Court bears the ultamite responsibility for ensuring that the IBT is maintained democratically, with integrity, and for the sole benefit of its members and without unlawful influence [accordingly,] in order to acheive this goal, it is critical that...IBT election[s] [are] conducted in a fair, open, and democratic fashion" I find the Access Rule to be a necessary means by which to acheive this goal, specifically to permit candidates and members to have meaningful, face to face interaction. Mailings, telephone calls, home visits and off-site meetings are "woefully inadequate" to ensure a fair, free, democratic and informed election. Additionally, the Court finds that the Access Rule adequately protects employers' rights by minimizing the potential for disrtuption of the workplace as a result of electioneering and by providing procedural protections of notice and an opportunity to be heard. Accordingly, the Court approves the Access Rule for the 2000-2001 IBT Election . ( signed by Judge Loretta A. Preska ); Copies mailed. (jp)
November 8, 2000 Opinion or Order Filing 3484 ORDER TO SHOW CAUSE by respondents Sombrotto, Gonzalez, Rodriguez, Local 116, Production and Maintenance Employees Union, Mendoza, Valdez, Recalde, Vigie, State Warehouse Employees Union; Show Cause Hearing set for 10:00 AM 11/16/00; for an order modifying and supplementing the Order issued 2/1/00 as set forth herein . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
November 6, 2000 Filing 3483 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION LXXXVII OF THE INDEPENDENT REVIEW BOARD; this Court hereby acknowledges that Application LXXXVII of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning Application LXXXVII of the IRB with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to the following: Frederick B. Lacey, Member of the Independent Review Board; Glenn Rothner, Atty for Edward J. Mireles and Paul J. Roa. ( signed by Judge Loretta A. Preska ); Copies mailed. (sac)
November 6, 2000 Filing 3482 ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION LXXXV OF THE INDEPENDENT REVIEW BOARD; this Court acknowledges that Application LXXXV of the Independent Review Board for the International Brotherhood of Teamsters has been received by this Court, and that this Court has caused to be filed the original documents concerning Application LXXXV of the IRB with the Clerk of the Court of the S.D.N.Y. This Court further certifies that the instant acknowledgement of receipt has been filed with the Clerk of the Court of the S.D.N.Y., and a copy has been forwarded to the parties set forth herein . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn)
November 6, 2000 Filing 3481 ACKNOWLEGEMENT of receipt of application LXXXVIII of the Independent Review Board; that this Court hereby acknowledges that Application LXXVIII of the Independent Review Board for the Int'l Brotherhood of Temsters has been received by this Court, and that this Court has caused to be filed the original documents concerning Application LXXXVIII of the IRB with the Clerk of the Court of the S.D.N.Y.; this Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the S.D.N.Y., and that a copy of the Acknowledgement has been borwarded to Frederick B. Lacey, Esq. of LeBoeuf, Lamb, Greene & MacRae and Mr. Larry Stein . ( signed by Judge Loretta A. Preska ); Copies mailed. (pl)
November 6, 2000 Opinion or Order Filing 3480 ORDER; that should respondent wish to file objections to the application No. LXXXVIII, such objections must be in writing and filed with the Court no later than 10 business days from the date hereof. A courtesy copy shall sent to chambers on the same day such objections, if any, are filed . ( signed by Judge Loretta A. Preska ); Copies mailed. (pl) Modified on 11/08/2000
November 6, 2000 Filing 3478 ACKNOWLEDGMENT OF RECEIPT OF APPLICAITON LXXXVI OF THE INDEPENDENT REVIEW BOARD; that this Court hereby acknowledges that Application LXXXVI of the Independent Review Board ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application LXXXVI of the IRB with the Clerk of the Court of the S.D.N.Y.; that this Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed w/ the Clerk of the Court of the S.D.N.Y., and that a copy of the Acknowledgment has been forwarded to the following: Frederick B. Lacey, Esq. LeBoeuf, Lamb, Greene & MacRae One Riverfront Plaza, 6th Floor Newark, New Jersey 07102-5490 Member of the Independent Review Board; James L. Hicks, Jr., Esq. P.O. Box 560388 Dallas, Texas 75355-0388 Attorney for J.D. Potter ; ( signed by Judge Loretta A. Preska ); Copies mailed. (lf)
November 3, 2000 Filing 3498 MEMORANDUM OF LAW by Int'l Bro. of Teamst in support of Order to Show Cause. (Received in the night deposit box on 11/3/00 at 5:04 p.m.) (kw)
October 31, 2000 Filing 3477 APPLICATION LXXXVI of the Independent Review Board --Opinion and Decision of the Independent Review Board in the matter of the hearing of Edward J. Mireles and Paul J. Roa. (sn)
October 31, 2000 Filing 3476 Opinion and Decision of the Independent Review Board. (sn)
October 31, 2000 Filing 3475 APPLICATION LXXXVIII of the Independent Review Board --Opinion and Decision of the Independent Review Board in the matter of the hearing of Larry Stein. (sn)
October 31, 2000 Opinion or Order Filing 3474 STIPULATION AND ORDER, the IBT agrees to retain, at the IBT's expense, an accounting firm approved by the Gov't to undertake a comprehensive review and evaluation of the IBT's internal controls. The IBT shall direct the accounting firm to (1) evaluate the effectiveness of the IBT's internal controls in deterring, preventing and detecting the illegal or unauthorized use, misuse, or misappropriation of IBT funds, and (2) recommend enhancements to those internal controls, including enhancements to the internal audit function, to maximize the IBT's ability to effectively deter, pervent, and detect the illegal or unauthorized use, misuse, or misappropriation of IBT funds. The IBT shall direct the accounting firm to submit a report containing its evaluation and recommendations to the IBT and the Govt within ten weeks after the date of entry by the Court of this Stip. and Order, with any extensions of time agreed to by the parties. If the accounting firm provides any draft of its report (or any portion thereof) to the IBT, the IBT shall provide, or direct the accounting firm to provide, a copy of that draft report (or portion thereof) to the Gov't at the same time. Provided the IBT complies fully with this Stip. & Order, the authority of the IFA under the Interim Agreement shall terminate no later than 30 days after receipt by the Government of the IBT's written response to the accounting firm's report. Pending termination of the authority of the IFA, the Interim Agreement shall continue in full force and effect, provided, however, that immediately upon entry by the Court of this Stip. & Order, the Gov't agrees that the IBT may expand funds to pay outside law firms and accounting firms without receiving advance approval from the IFA, so long as the union submits to the IFA, in advance of such expenditure, a certification for each such invoice attesting, under penalty of perjury, that the invoice fairly and accurately states the time and charges for the services rendered and that the services were rendered for legitimate union business. If requested by the Gov't at any time during a period of no longer than one year after entry by the Court of this Stip. & Order, the IBT will agree to retain, at the IBT's reasonable expense, an accounting firm selected by the Gov't to review whether, and ensure that, the IBT is adhering to the recommendations implemented purs. to this Stip. & Order. ( signed by Judge Loretta A. Preska ) (sac)
October 27, 2000 Filing 3473 MEMORANDUM OF LAW by Chief Investigator's in opposition to to respondents Mireles' and Roa's Application for a stay on application LXXXVII. (sac)
October 25, 2000 Filing 3472 DECLARATION of Beth E. Goldman by United States of Ame (pl)
October 13, 2000 Filing 3471 Executed copy of the 2001 Election Agreement between U.S. and IBT, approved by the Court on 8/10/00; docket and file as per chambers (lf)
October 13, 2000 Filing 3470 Letter filed by United States of Ame, Int'l Bro. of Teamst addressed to Judge Edelstein from Karen B. Konigsbert, dated 8/1/00, re: joint application by U.S and IBT; revised election agreement and election rules; docket and file as per chambers. (lf)
September 29, 2000 Opinion or Order Filing 3469 ORDER of Conference; set status conference for 2:00 10/24/00 ( signed by Judge Loretta A. Preska ); Copies mailed. (lam)
September 25, 2000 Filing 3468 Notice of reassignment to Judge Loretta A. Preska . Copy of notice mailed to Attorney(s) of record: Thomas J. McKenna, Robert L. Vogel, Brian O'Dwyer, Martha Walfoort . (jp)
August 18, 2000 Filing 3467 MEMORANDUM OF LAW by United States of Ame, Int'l Bro. of Teamst in support of [3466-1] joint motion purs. to Paragraphs 12 and 16 of the 3/16/89 consent decree seeking an order approving and so ordering a rule in the 2001 Election Rules providing a limited right of access for IBT members to employee parking lots on employer premises in connection w/ Campaigning in the 2000-2001 IBT International Union Delegate and Officer Election . (lf)
August 18, 2000 Filing 3466 NOTICE OF JOINT MOTION by United States of Ame, Int'l Bro. of Teamst; purs. to Paragraphs 12 and 16 of the 3/16/89 consent decree seeking an order approving and so ordering a rule in the 2001 Election Rules providing a limited right of access for IBT members to employee parking lots on employer premises in connection w/ Campaigning in the 2000-2001 IBT International Union Delegate and Officer Election ; Return date not indicated; Declaration of William A. Wertheimer, Jr. in support attached (lf)
July 20, 2000 Filing 3465 Independent Review Board Chief Investigator's Office total expenses for May 2000 (by individual & direct expenses). (lam)
July 20, 2000 Filing 3464 Independent Review Board Chief Investigator's Office total expenses April 2000 (by individual & direct expenses). (lam)
July 20, 2000 Filing 3463 Independent Review Board Chief Investigator's Office total expenses for March 2000 (by individual and direct expenses). (lam)
July 20, 2000 Filing 3462 Copy of Letter filed addressed to Patrick J. Szmanski, General Counsel, IBT from John J. Cronin, Jr., IRB, dated 7/14/00, re: itemized statement of expenses of the Chief Investigator's Office totalling $45,662.63 submitted for payment by the IBT. (lam)
July 17, 2000 Filing 3461 Letter filed addressed to Patrick J. Szymanski, General Counsel for the IBT from Frederick B. Lacey, counsel for the IRB, dated 6/29/00, re: May bill for services. (lam)
July 11, 2000 Filing 3460 Transcript of record of proceedings before Judge David N. Edelstein on 5/9/00. (kw)
July 5, 2000 Opinion or Order Filing 3459 ORDER (affidavit and agreement), granting [3458-1] application LXXXIV of the IRB, agreement between the Independent Review Board and Basil McDonald ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
July 5, 2000 Filing 3458 NOTICE OF APPLICATION of The Independent Review Board, agreement between the Independent Review Board and Basil McDonald . Return date not indicated. (lam)
July 5, 2000 Filing 3457 ACKNOWLEDGEMENT OF RECEIPT of Application LXXXIV of the Independent Review Board by Judge Edelstein on 7/5/00 . (lam)
July 5, 2000 Filing 3456 Affidavit of service 1 orig and 2 copies of Application LXXXIV, 1 orig and 2 copies of the Compromise Agreement between the IRB and Basil McDonald, and 1 orig and 2 copies of the Acknowledgment of Receipt by UPS Next Day Air on 6/20/00 to Judge Edelstein; also 1 copy of Application LXXXIV with the enclosures to John J. Cronin, Jr., Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry, and Phillip C. Landrigan by UPS Next Day Air. (lam)
June 16, 2000 Opinion or Order Filing 3455 ORDER, on 2/29/00, the Government and the IBT submitted to this Court an application, consisting of an election agreement and proffered election rules for the 2000-2001 IBT International Union Elections. This Court has thoroughly considered the agreement and the rules and all the subsequent versions that the parties have offered to this Court. The proffers are rejected without prejudice ; ( signed by Judge David N. Edelstein ); copies mailed. (kw)
June 14, 2000 Opinion or Order Filing 3454 MEMORANDUM & ORDER, granting [3392-1] motion APPLICATION LXXVIII of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of Terrence Freeman. ( Signed by Judge David N. Edelstein ); copies mailed. (kw)
June 14, 2000 Opinion or Order Filing 3453 ORDER/AFFIDAVIT AND AGREEMENT, granting [3451-1] motion for an order approving the agreement between the Independent Review Board and Larry Plotnick. ( Signed by Judge David N. Edelstein ); copies mailed. (kw)
June 14, 2000 Opinion or Order Filing 3452 ORDER/ACKNOWLEDGMENT OF RECEIPT, this court acknowledges that application LXXXIII of the IRB for the IBT has been received. This court certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to Frederick B. Lacey, Esq. and Phillip C. Landrigan, Esq. ; ( signed by Judge David N. Edelstein ); copies mailed. (kw)
June 14, 2000 Filing 3451 Application LXXXIII by the IRB, for an order approving the agreement between the Independent Review Board and Larry Plotnick ; no return date indicated. (kw)
June 14, 2000 Opinion or Order Filing 3450 ORDER/AFFIDAVIT AND AGREEMENT, granting [3448-1] motion for an order approving the agreement between the Independent Review Board and Benjamin Camadeco. ( Signed by Judge David N. Edelstein ); copies mailed. (kw)
June 14, 2000 Opinion or Order Filing 3449 ORDER/ACKNOWLEDGMENT OF RECEIPT, this court acknowledges that application LXXXII of the IRB for the IBT has been received by this court. This court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that a copy of the Acknowledgment has been forwarded to Frederick B. Lacey, Esq. and Phillip C. Landrigan, Esq. ; ( signed by Judge David N. Edelstein ); copies mailed. (kw) Modified on 06/20/2000
June 14, 2000 Filing 3448 Application LXXXII by the IRB, for an order approving the agreement between the Independent Review Board and Benjamin Camadeco ; no return date indicated. (kw)
June 14, 2000 Opinion or Order Filing 3447 ORDER/AFFIDAVIT AND AGREEMENT, granting [3445-1] motion for an order approving the agreement between the Independent Review Board and Louis Smith. ( Signed by Judge David N. Edelstein ); copies mailed. (kw)
June 14, 2000 Opinion or Order Filing 3446 ORDER/ACKNOWLEDGMENT OF RECEIPT, this Court acknowledges that application LXXXI of the IRB for the IBT has been received by this Court. This court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the court of the SDNY, and that a copy of the Acknowledgment has been forwarded to Frederick B. Lacey, Esq. and Mr. Louis Smith ; ( signed by Judge David N. Edelstein ); copies mailed. (kw) Modified on 06/20/2000
June 14, 2000 Filing 3445 Application LXXXI by the IRB, for an order approving the agreement between the Independent Review Board and Louis Smith ; no return date indicated. (kw) Modified on 06/20/2000
June 14, 2000 Opinion or Order Filing 3443 MEMORANDUM & ORDER, granting [3334-1] motion Application LXXIII of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Joseph Aligo. ( Signed by Judge David N. Edelstein ); copies mailed. (kw)
June 13, 2000 Filing 3444 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 6/12/00, re: in response to the Court's request for a submission describing the Court's supervisory powers under the 2001 Election Agreement (including the revisions presented to the Court on 6/8/00). (lam)
June 8, 2000 Filing 3442 Letter filed by United States of America addressed to Judge Edelstein from Karen B. Konigsberg, dated 6/8/00, re: in response to objections of the Court regarding the procedure for approval of any modifications or supplements of the 2001 Election Rules and the manner in which the parties presented the 2001 Election Agreement to the Court. (kw)
May 10, 2000 Filing 3441 Quarterly Report XXX of the Independent Review Board under the Consent Order Article G. "Report to the Court". (lam)
May 10, 2000 Filing 3440 ACKNOWLEDGEMENT OF SERVICE of acknowledgment of receipt of the Quarterly Report XXX of the IRB for the IBT by Judge Edelstein on 5/10/00; a copy of the acknowledgment has been forwarded to Frederick B. Lacey. (lam)
May 10, 2000 Filing 3439 Affidavit of service of the Quarterly Report XXX, one orig and 2 copies of the Acknowlegement of Receipt as to Judge Edelstein by UPS Next Day Air on 5/9/00; and a copy of the Quarterly Report XXX by UPS Next Day Air to Patrick J. Szymanski, Karen Konigsberg, AUSA and Charles M. Carberry on 5/9/00. (lam)
May 10, 2000 Filing 3438 Letter filed addressed to Judge Edelstein from Grant Crandall, Frederick B. Lacey and William H. Webster of the IRB, dated 5/9/00, re: enclosing an original and 2 copies of the Quarterly Report XXX of the IRB; an original and 2 copies of an Acknowlegment of Receipt; and an affidavit of Service. (lam)
May 9, 2000 Opinion or Order Filing 3437 ORDER, granting [3435-1] motion for an order granting preliminary injunction as set forth in this document. ( signed by Judge David N. Edelstein ); Copies mailed. (kw)
May 9, 2000 Filing 3436 MEMORANDUM OF LAW by John Zirpoli in support of [3435-1] motion for an order granting preliminary injunction as set forth in this document. (kw)
May 9, 2000 Opinion or Order Filing 3435 ORDER TO SHOW CAUSE by John Zirpoli; Show Cause Hearing set for 2:00 p.m. on 5/9/00; for an order granting preliminary injunction as set forth in this document ; ( signed by Judge David N. Edelstein ); copies mailed. (kw)
May 5, 2000 Filing 3434 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 5/4/00, enclosing for the Court a copy of the Rules for the 200-2001 IBT Int'l Union Delegate and Officer Election Rules. (lam)
May 4, 2000 Filing 3431 Transcript of record of proceedings before Judge David N. Edelstein for the date(s) of 3/28/00. (rag)
May 3, 2000 Filing 3433 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 4/21/00, re: enclosing a copy of a 4/21/00 letter from the Dept. of Labor resolving the issues presented to them in connection with its role under the 2001 Election Agreement which is currently before the Court. (lam)
May 3, 2000 Filing 3432 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 4/20/00, re: copies of the submissions made to the Dept. of Labor in connection with their role under the 2001 Election Agreement which is currently before the Court. (lam)
April 28, 2000 Opinion or Order Filing 3430 ORDER on AFFIDAVIT and AGREEMENT; that Joseph A. Padellaro permanently resigns from any and all positions he has held with the International Brotherhood of Teamsters or any IBT entity or subordinate body and make full restitution to the appropriate entities and subordinate bodies as further set forth in this Affidavit and Agreement . ( signed by Judge David N. Edelstein ); Copies mailed. (jp) Modified on 05/02/2000
April 13, 2000 Filing 3429 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 4/10/00, re: enclosed for the Court's information is a letter from the Dept of Labor outlining the procedure the Dept. plans to follow with respect to its role under the 2001 Election Agreement which is currently before the Court. (lam)
April 13, 2000 Filing 3428 Copy of Letter filed, addressed to James P. Hoffa, General President from Danny G. Campbell, Sec.-Treasurer, Teamsters Local Union No. 2000, dated 4/6/00, re: "writing to express surprise and dismay as well as to request an explanation for the unannounced appearacne at our Executive Board meeting this week of your personal representative and so-called "overseer", Mr. Brad Slawson, Sr." (lam) Modified on 06/20/2000
April 11, 2000 Filing 3427 Letter filed, addressed to Judge Edelstein from Frederick B. Lacey,, dated 3/30/00, re: comments regarding the IBT proposal regarding the 2001 election and Election Rules. (lam)
April 6, 2000 Filing 3426 Transcript of record of proceedings before Judge David N. Edelstein for the date(s) of 2/1/00. (rag)
April 5, 2000 Filing 3425 Comments of the Associaition for Union Democracy on the IBT's Proposed Rules for the 2000-2001 International Union Delegate and Officer Elections. (lam)
April 5, 2000 Filing 3424 Letter filed, addressed to Judge Edelstein from Michael J. Goldberg, Counsel for the Association for Union Democracy, dated 4/3/00, re: enclosing the Comments of the Association for Union Democracy on the IBT's Proposed Rules for the 2000-2001 Int'l Union Delegate and Officer Elections. (lam)
April 4, 2000 Notice of appeal and certified copy of docket to USCA: [3423-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
March 29, 2000 Filing 3422 AFFIDAVIT of Larry Cary, an atty for Int'l Bro. of Teamst in support Re: [3420-1] motion that this Court issue an Order finding Luis Rodriguez in civil contempt of this court's 3/1 Order by failing to appear at a Court-ordered deposition, [3420-2] motion that this Court directs Rodriguez to pay deft/petitioner all costs, expenses, and reasonable atty's fees incurred to date by the IBT to force Rodriguez' compliance with the 3/1 order; that this Court direct Rodriguez to pay deft/petitioner all costs, expenses and reasonable atty's fees unnecessarily incurred by the IBT for the deposition at which Rodriguez failed to appear, [3420-3] motion that this Court issues an Order for Rodriguez to appear at a deposition on 3/20/00 in the pm and that if he fails to appear a warrnat for his arrest should be issued, [3420-4] motion that this court issue an Order finding Vincent J. Sombrotto in civil contempt of this Court's 3/1/Order by failing to respond to questions during his deposition, [3420-5] motion that Sombrotto pay all costs, reasonable expenses, and atty's fees incurred to date by the IBT to force Sombrotto's compliance with the 3/1 Order, including the costs of deposing him for the purpose of eliciting responses to questions that he refused to answer on 3/6/00 . (lam)
March 29, 2000 Filing 3421 MEMORANDUM OF LAW by Int'l Bro. of Teamst in support of [3420-1] motion that this Court issue an Order finding Luis Rodriguez in civil contempt of this court's 3/1 Order by failing to appear at a Court-ordered deposition, [3420-2] motion that this Court directs Rodriguez to pay deft/petitioner all costs, expenses, and reasonable atty's fees incurred to date by the IBT to force Rodriguez' compliance with the 3/1 order; that this Court direct Rodriguez to pay deft/petitioner all costs, expenses and reasonable atty's fees unnecessarily incurred by the IBT for the deposition at which Rodriguez failed to appear, [3420-3] motion that this Court issues an Order for Rodriguez to appear at a deposition on 3/20/00 in the pm and that if he fails to appear a warrnat for his arrest should be issued, [3420-4] motion that this court issue an Order finding Vincent J. Sombrotto in civil contempt of this Court's 3/1/Order by failing to respond to questions during his deposition, [3420-5] motion that Sombrotto pay all costs, reasonable expenses, and atty's fees incurred to date by the IBT to force Sombrotto's compliance with the 3/1 Order, including the costs of deposing him for the purpose of eliciting responses to questions that he refused to answer on 3/6/00. (lam) Modified on 06/22/2000
March 29, 2000 Opinion or Order Filing 3420 ORDER TO SHOW CAUSE by Int'l Bro. of Teamst; Show Cause Hearing set for 1:00 3/28/00; that this Court issue an Order finding Luis Rodriguez in civil contempt of this court's 3/1 Order by failing to appear at a Court-ordered deposition ; that this Court directs Rodriguez to pay deft/petitioner all costs, expenses, and reasonable atty's fees incurred to date by the IBT to force Rodriguez' compliance with the 3/1 order; that this Court direct Rodriguez to pay deft/petitioner all costs, expenses and reasonable atty's fees unnecessarily incurred by the IBT for the deposition at which Rodriguez failed to appear ; that this Court issues an Order for Rodriguez to appear at a deposition on 3/20/00 in the pm and that if he fails to appear a warrnat for his arrest should be issued ; that this court issue an Order finding Vincent J. Sombrotto in civil contempt of this Court's 3/1/Order by failing to respond to questions during his deposition ; that Sombrotto pay all costs, reasonable expenses, and atty's fees incurred to date by the IBT to force Sombrotto's compliance with the 3/1 Order, including the costs of deposing him for the purpose of eliciting responses to questions that he refused to answer on 3/6/00 ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
March 29, 2000 Filing 3419 Letter filed by Int'l Bro. of Teamst addressed to Judge Edelstein from Larry Cary, dated 3/22/00, re: enclosing a courtesy copy ofthe Order to Show Cause, Affidavit of Larry Cary, and Memorandum of Law in which the IBT seeks an Order of contempt against Luis Rodriguez for his failure to appear at the Court-ordered depositon, and against Vincent Sombrotto for his failure to respond to questions at the Court-ordered deposition. (lam)
March 24, 2000 Filing 3423 NOTICE OF APPEAL by Vincent Sombrotto, Edwin Gonzalez, Local 116, Production and Maintenance Employees Union, and all other persons acting on behalf of or in concert with them ; from [3379-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Lary Cary, Esq. and Andrew W. Schilling, Esq. $105.00 Appeal filing fee paid 3/24/00 on receipt # E 370005. (dt)
March 24, 2000 Filing 3418 Letter filed by the United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 3/16/00, re: the government submits this letter to outline and explain the differences between the proposed rules for the 2001 IBT's election and the Election Rules that were in place in previous elections held purs to the consent Decree. (lam)
March 24, 2000 Filing 3417 Letter filed by the United States addressed to Judge Edelstein from Beth E. Goldman, AUSA dated 3/15/00, re: the government submits this letter in further support of their request that the Court remand IRB Application LXXVIII to the IRB for further consideration. (lam)
March 24, 2000 Filing 3416 Copy of Letter filed, addressed to Patrick J. Szymanski, IBT, general counsel from Frederick B. Lacey, dated 3/1/00, re: law firm's January bill for services and expenses in connection with the IRB. (lam)
March 16, 2000 Filing 3415 Letter filed addressed to Judge Edelstein from Joyce Goldstein, atty for Terrence Freeman, dated 3/6/00, re: in response to the 3/3/00 letter submitted by the US Attorney concerning Application LXXVIII of the IRB. (lam)
March 7, 2000 Filing 3414 Rules for the 2000-2001 IBT International Union Delegate and Officer Election. (lam)
March 7, 2000 Filing 3413 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 3/3/00, enclosing for the Court's information a copy of the proposed rules for the 2001 IBT election circulated by the IBT on 3/1/00; the government notes that this copy of the proposed rules contains 2 changes to Article VII, Section 10(a) that do not appear in the copy of the proposed rules attached as Exh. C to the Declaration of Karen B. Konigsberg dated 2/29/00. (lam)
March 7, 2000 USCA Case Number Re: [3293-1] appeal USCA NUMBER: 99-6248. (dt)
March 3, 2000 Filing 3412 Certificate of service of copy of the Court's "So Ordered" subpoenas upon those listed by express mail on 3/2/00. (lam)
March 3, 2000 Filing 3411 Letter filed by United States addressed to Judge Edelstein from Andrew Shilling, AUSA dated 3/3/00; re: the government's response to Application LXXVIII of the IRB concerning Terrence Freeman, a member and former Sec.-Treasurer of Local 507 of the IBT. (lam)
March 2, 2000 Filing 3410 AFFIDAVIT AND AGREEMENT of Dina Fattizzi; granting [3409-1] APPLICATION LXXIX of the Independent Review Board -- Agreement between the IRB and Dina Fattizzi ( signed by Judge David N. Edelstein ); Copies mailed. (lam) Modified on 03/10/2000
March 2, 2000 Filing 3409 APPLICATION LXXIX of the Independent Review Board -- Agreement between the IRB and Dina Fattizzi . Return date not indicated. (lam)
March 2, 2000 Filing 3408 ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION LXXIX by Judge Edelstein on 3/1/00; this Court further certifies that the Acknowlegment of Receipt has been filed with the Clerk of the Court of the SDNY, and that copies have been forwarded to Frederick B. Lacey, and Howard E. Gilbert, Esqs. (lam)
March 2, 2000 Filing 3407 Affidavit of service of 1 orig and 2 copies of the Application LXXIX, 1 orig and 2 copies of the Compromise Agreement between the IRB and Dina Fattizzi, member of Local Union 851, and 1 orig and 2 copies of the Acknowledgment of Receipt by UPS Next Day Air to Judge Edelstein on 2/29/00; Also serving a copy of the Application LXXIX by UPS Next Day Air to John J. Cronin, Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry, Howard E. Gilbert. (lam)
March 2, 2000 Filing 3406 Letter filed by Int'l Bro. of Teamst addressed to Judge Edelstein from Larry Cary, dated 2/29/00, re: counsel, writes on behalf of the IBT to apply for the Court's assistance in conducting expedited discovery needed in order to determine if the Court's 2/1/00 order enjoining Vincent Sombrotto, Edwin Gonzalez and Local 116, Production and Maintenance Employees Union from raiding IBT Local 807 is being violated or needs modification in order to effectuate its purposes. (lam)
March 2, 2000 Filing 3405 Transcript of record of proceedings before Judge David N. Edelstein for the date(s) of 1/27/00 @11:30am. (lam)
February 29, 2000 Filing 3404 fld Joint Application purs to Paragraphs 12 and 16 of the 3/14/89 Consent Decree (cd)
February 29, 2000 Filing 3403 MANDATE OF USCA (certified copy) Re: Affirmed [3310-1] appeal, [3293-1] appeal, [3245-1] appeal. After argument and upon due consideration, it is hereby ordered, adjudged and decreed that the order of the District Court is hereby Affirmed 99-6114, Karen Greve Milton, Acting Clerk. Amended Statement of Costs Taxed in the amount of $379.43 in favor of Appellee, USA (sl) Modified on 03/01/2000
February 29, 2000 Filing 3402 DECLARATION of Karen Konigsberg by United States of Ame in support Re: Govt's and the IBT's joint application purs to paragraphs 12 and 16 of the 3/14/89 Consent Decree (cd)
February 25, 2000 Opinion or Order Filing 3401 ORDER, regarding resolution of charges brought against Vincent Fattizzi by the Independent Review Board ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
February 23, 2000 Filing 3398 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3293-1] appeal. (dt)
February 23, 2000 Indexed record on appeal files (99-6248) sent to the U.S.C.A. (Files requested by Eddie Andino from the U.S.C.A.). (dt)
February 22, 2000 Filing 3399 Letter addressed to Joyce Goldstein, Esq. from Joseph B. Shumofsky, dated 2/18/00, re: regarding penalties that the IRB imposed against Ms. Goldstein's client Mr. Terrence Freeman. (kw)
February 17, 2000 Remark by the Cashier's Officer on copy of the order dated 1/14/00 that a check #524497 in the amount of $25,000 was made payable to Truck Drivers Local 807 on 2/17/00. (kw)
February 16, 2000 Filing 3397 Quarterly Report XXIX of the IRB under the consent Order Article G, "Report to the Court". (lam)
February 16, 2000 Filing 3396 ACKNOWLEDGEMENT OF RECEIPT of Quarterly Report XXIX of the IRB by Judge Edelstein on 2/15/00. . (lam)
February 16, 2000 Filing 3395 Affidavit of service to Judge Edelstein of 1 orig and 2 copies of the IRB's Quarterly Report XXIX and the orig and 2 copies of the acknowledgment of receipt by UPS Next Day Air on 2/14/00. Also sent by UPS Next Day Air a copy of the IRB's Quarterly Report XXIX to Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry, and John J. Cronin. (lam)
February 16, 2000 Filing 3394 Transcript of record of proceedings of the Independent review Board for the date(s) of 7/8/99; with exhibits IRB 1-IRB 12: in the matter of Terrence Freeman. (2 binders) (lam)
February 16, 2000 Filing 3393 Decision of the Independent Review Board pertaining to Local 507 member and Secretary-Treasurer Terrence Freeman and accompanying exhibits to Gary M. Tiboni, Pres. of Joint Council No.1. (lam)
February 16, 2000 Filing 3392 APPLICATION LXXVIII of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of Terrence Freeman . Return date not indicated. (lam)
February 16, 2000 Filing 3391 ACKNOWLEDGEMENT OF Receipt of Application LXXVIII and accompanying documents of the IRB by Judge Edelstein on 2/10/00. (lam)
February 16, 2000 Filing 3390 Affidavit of service to Judge Edelstein of 1 orig and 2 copies of Application LXXVIII; 1 orig and 2 copies of the IRB's Opinion and Decision in the matter of Terrence Freeman of Local 507 with exhibits; and 1 orig and 2 copies of the Acknowledgment of Receicpt by UPS Next Day Air on 2/9/00. Also a copy of Application LXXVIII with enclosures by UPS Next Day Air to: Karen Konisberg, AUSA, John J. Cronin, Charles M. Carberry, Patrick J. Szymanski, and Joyce Goldstein. (lam)
February 16, 2000 Filing 3389 Letter filed, addressed to Judge Edelstein from Frederick B. Lacey, IRB, dated 2/9/00, re: transmittal of Application LXXVIII of the IRB, the Opinion and Decision regarding Terrence Freeman, Acknowledgment of Receipt, and affidavit of service. (lam)
February 14, 2000 Opinion or Order Filing 3388 ORDER, the Clerk of Court is directed to return to Truck Drivers Local 807, International Brotherhood of Teamsters the full sum of the bond it posted in the amount of $25,000 ( signed by Judge David N. Edelstein ); Copies mailed. (kw)
February 8, 2000 Opinion or Order Filing 3387 MEMORANDUM & ORDER, granting [3349-1] Application LXXVII of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Robert Triano regarding the charges and sanctions imposed ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
February 8, 2000 Opinion or Order Filing 3386 MEMORANDUM & ORDER, granting [3345-1] Application LXXVI of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Modestino C. ("Augie") Festa regarding the charges and sanctions imposed ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
February 8, 2000 Filing 3385 AFFIDAVIT AND AGREEMENT, granting [3384-1] Application LXXIV of the Independent Review Board -- Agreement between the IRB and Vincent Fattizzi ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
February 8, 2000 Filing 3383 ACKNOWLEDGEMENT OF RECIEPT of Applications LXXIV and LXXV by Judge Edelstein; copies of the acknowledgment have been forwarded to Frederick B. Lacey and Howard E. Gilbert. (lam)
February 8, 2000 Filing 3382 Affidavit of service of 1 orig and 2 copies of Applications LXXIV and LXXV, the orig and 2 copies of the Compromise Agreements bet. the IRB and Vincent Fattizzi, member of Local Union 851 and between the IRB and Vincent Fattizzi, member and former Rec. Sec. of Local Union 851, and the orig and 2 copies of the Acknowledgment of Receipt as to Judge Edelstein by UPS Next Day Air on 11/16/99; also copies of Applications LXXIV and LXXV by UPS Next Day Air to John J. Cronin, Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry and Howard E. Gilbert. (lam)
February 7, 2000 Filing 3381 Letter filed, addressed to Judge Edelstein from Larry Cary, dated 2/3/00, re: in response to the letter form Mr. Cutro, the atty for Local 116, asking the IBT to withdraw its efforts to seek contempt; for the reasons in this letter, the IBT does not wish to seek contempt and withdraws the application. (lam)
February 4, 2000 Filing 3380 Copy of Letter filed by the Independent Review Board addressed to Patrick J. Szymanski, General counsel, IBT from John J. Cronin, Jr., Administrator, dated 1/24/00, re: itemized statements of expenses of the Chief Investigator's Office totalling $28,699.84 submitted for payment by the IBT; the enclosed monthly statements cover office expenses and expenses of staff paid from the operating acct of the Chief Investigator. (lam)
February 3, 2000 Opinion or Order Filing 3379 ORDER, granting [3378-1] motion to enjoin and restrain respondents Vincent J. Sombrotto and Edwin Gonzalez as set forth in this document (signed by Judge David N. Edelstein) Copies mailed. (lam)
February 2, 2000 Opinion or Order Filing 3378 ORDER TO SHOW CAUSE by Int'l Bro. of Teamst; Show Cause Hearing set for 2:30 2/1/00 to enjoin and restrain respondents Vincent J. Sombrotto and Edwin Gonzalez as set forth in this document ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
February 2, 2000 Filing 3377 Letter filed by United States addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 1/31/00, re: proposed order to show cause; the government submits that the Court should enjoin Sombrotto and Gonzalez from continuing to participate in the affairs of the IBT and from continuing to associate with IBT members for the purpose of organizing IBT members on behalf of Local 116 or otherwise. (lam)
February 2, 2000 Filing 3376 AFFIDAVIT of Vincent Sombrott, Pres. Local 116 in opposition to Order to Show Cause. (lam)
February 2, 2000 Filing 3375 MEMORANDUM OF LAW filed by Vincent Sombrotto, Edwin Gonzalez, and Local 116 in opposition to petitioner IBT's requests for a permanent injunction over respondents. (lam)
February 2, 2000 Filing 3374 Letter filed addressed to Judge Edelstein from James J. Cutro, atty for Local 116 dated 1/28/00, re: enclosed copies of affidavit of Vincent Sombrotto in opposoiton to petitioners' order to show cause; and Memorandum of Law in opposition to petitioners' order to show cause. (lam)
February 2, 2000 Filing 3373 MEMORANDUM OF LAW by Int'l Bro. of Teamst in support of application for Order to Show Cause, why an injunction should not be issued. (lam)
February 2, 2000 Filing 3372 AFFIDAVIT of William J. Turis, Sec.-Treasurer of Local 807, Int'l Bro. of Teamst in support of Order to Show Cause, why an injunction should not be issued. (lam)
February 2, 2000 Filing 3371 Affidavit of service of a copy of petitioner's order to show cause (unsigned); memorandum of law and affidavit of William J. Turis and cover letter to Judge Edelstion by hand delivery upon Kren B. Konigsberg, AUSA and Charles Carberry, atty on 1/25/00; by fax to James J. Curtro on 1/25/00. (lam)
February 2, 2000 Filing 3370 Letter filed by Int'l Bro. of Teamst addressed to Judge Edelstein from Larry Cary, atty dated 1/25/00, re: enclosing a proposed order to show cause, an affidavit and memorandum of law in support. (lam)
January 31, 2000 Filing 3369 REPLY by Int'l Bro. of Teamst to respondents' opposition to application for Order to Show Cause. (lam)
January 31, 2000 Filing 3368 SUPPLEMENTAL AFFIDAVIT of William J. Turis, Sec.-Treasurer of IBT Local 807 in support of Order to Show Cause for an Injunction directing Vincent J. Sombrotto to withdraw the petition filed on behalf of Local 116. (lam)
January 31, 2000 Filing 3367 AFFIDAVIT of Kevin Brudie, Trustee of IBT Local 807 in support of the IBT's application for an Injunction directing Vincent J. Sombrotto to withdraw the petition filed on behalf of Local 116. (lam)
January 28, 2000 Filing 3366 Letter filed addressed to Judge Edelstein from James J. Curtro, representing Local 116 Production and Maintenance Employees Union, Vincent Sombrotto, and Edwin Gonzalez, respondents on the Order to Show Cause brought by the IBT dated 1/27/00. (lam)
January 27, 2000 Opinion or Order Filing 3400 Remark by Cashiers Office on copy of Order to Show Cause signed by Judge Edelstein on 1/26/00; Paid $25,000, 365205; placed into CRIS 2/3/00. (lam)
January 27, 2000 Opinion or Order Filing 3365 ORDER, granting [3357-1] motion adjudging Daniel D. Slemko ("Slemko"), a member of the International Brotherhood of Teamsters ("IBT"), in civil contempt; granting [3357-2] motion for an order imposing coercive civil fines against Slemko in the amount of $40 per day until Slemko withdraws his action in Canada; granting [3357-3] motion for an order directing that Slemko the Independent Review Board ("IRB") for the attorneys' and costs it has incurred to date defendant against action in Canada; granting [3357-4] motion for an order awarding the Government its reasonable fees and costs incurred in prosecuting this contempt motion ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
January 27, 2000 Filing 3364 SEALED DOCUMENT placed in vault. (da)
January 13, 2000 Opinion or Order Filing 3363 ORDER, the parties shall appear before this Court on 1/27/00 at 11:00 a.m. at a hearing to consider the Government's motion asking this Court to adjudge Slemko in civil contempt for violating this Court's Order of 10/14/99 ( signed by Judge David N. Edelstein ); Copies mailed. (kw)
January 8, 2000 Filing 3384 Application LXXIV of the Independent Review Board -- Agreement between the IRB and Vincent Fattizzi . Return date 10/13/92. (lam)
January 7, 2000 Filing 3362 Letter filed by United States addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 1/7/00, the Government's further support of its motion for an order adjudicating Daniel D. Slemko in civil contempt of the Court's 10/14/99 order and in response to the letter to the Court dated 1/5/00 from Slemko's atty. (lam)
January 7, 2000 Filing 3361 Affidavit of service of Moiton and Memorandum by Neil McDermid, Barrister & Solicitor on 12/23/99. (lam)
January 7, 2000 Filing 3360 Letter filed addressed to Judge Edelstein from G. Neil McDermid, dated 1/5/00, re: in response to US Attorney's motion for an Order of civil contempt against Mr. Slemko. (kw)
January 6, 2000 Opinion or Order Filing 3479 ORDER; whereas the Court has received Application No. LXXXVII of the Independent Review Board ("IRB") concerning penalties that the IRB imposed against Respondents Edward J. Mireles and Paul J. Roa; it is hereby ordered that should respondents wish to file objections to said Application, such objections must be in writing and filed with the Court no later than ten business days from the date hereof; a courtesy copy shall be sent to Chambers on the same day such objections, if any, are filed ; ( signed by Judge Loretta A. Preska ); Copies mailed. (lf)
December 22, 1999 Filing 3358 MEMORANDUM OF LAW by United States of America in support of [3357-1] motion for an order adjudging Daniel D. Slemko ("Slemko"), a member of the International Brotherhood of Teamsters ("IBT"), in civil contempt, [3357-2] motion for an order imposing coercive civil fines against Slemko in the amount of $500 per day until Slemko withdraws his action in Canada, [3357-3] motion for an order directing that Slemko reimburse the Independent Review Board ("IRB") for the attorneys' fees and costs it has incurred to date defendant against Slemko's action in Canada, and [3357-4] motion for an order awarding the Government its reasonable fees and costs incurred in prosecuting this contempt motion. (kw)
December 22, 1999 Filing 3357 NOTICE OF MOTION by United States of America for an order adjudging Daniel D. Slemko ("Slemko"), a member of the International Brotherhood of Teamsters ("IBT"), in civil contempt ; for an order imposing coercive civil fines against Slemko in the amount of $500 per day until Slemko withdraws his action in Canada ; for an order directing that Slemko reimburse the Independent Review Board ("IRB") for the attorneys' fees and costs it has incurred to date defendant against Slemko's action in Canada ; for an order awarding the Government its reasonable fees and costs incurred in prosecuting this contempt motion ; declaration of Andrew W. Schilling in support is attached; Return date 1/7/00. (kw)
December 8, 1999 Filing 3356 Letter filed by United States addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 12/3/99, re: the Government's support of Application LXXIII of the IRB concerning disciplinary action taken against Joseph Aligo. (lam)
December 8, 1999 Filing 3355 Copy of Letter filed, addressed to Robert Triano from Joseph B. Shumofsky, dated 12/1/99, re: advising that this Court has received Application LXXVII of the IRB concerning penalties that the IRB imposed against Mr. Triano. (lam)
December 7, 1999 Opinion or Order Filing 3353 MEMORANDUM & ORDER, granting [3305-1] motion application LXX of the Independent Review Board -- Opinion of the IRB in the of the hearing of Leo H. Connelly, Jr. ( signed by Judge David N. Edelstein ); Copies mailed. (kw)
December 7, 1999 Opinion or Order Filing 3352 MEMORANDUM & ORDER, granting [3329-1] motion Application LXXII of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Ronald Dyson. ( signed by Judge David N. Edelstein ); Copies mailed. (kw)
December 7, 1999 Opinion or Order Filing 3351 MEMORANDUM & ORDER, granting [3298-1] motion APPLICATION LXXI of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of Anthony F. Antoun. ( signed by Judge David N. Edelstein ); Copies mailed. (kw)
December 6, 1999 Filing 3354 Copy of Letter filed addressed to Modestino C. Festa from Joseph B. Shumofsky, Law Clerk, dated 12/1/99, re: advising that this Court has received Application LXXVI of the IRB concerning penalties that the IRB has imposed aginst Mr. Festa. (lam)
November 29, 1999 Filing 3350 Opinion and Decision of the Independent Review Board re: Local 398 member Robert Triano. With IRB Investigative Report 5/28/99 with exhibits 1-41, in the matter of Robert Triano; IRB Hearing Transcript - 8/3/99 with exhibits 1-10, in the matter of Robert Triano. (lam)
November 29, 1999 Filing 3349 Application LXXVII of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Robert Triano . Return date not indicated. (lam)
November 29, 1999 Filing 3348 ACKNOWLEDGEMENT OF RECEIPT of Application LXXVII by Judge Edelstein on 11/24/99. Copies of the Acknowlegment have been forwarded to Frederick B. Lacey and Robert Triano. . (lam)
November 29, 1999 Filing 3347 Affidavit of service of 1 orig and 2 copies of application LXXVII; 1 orig and 2 copies of the IRB's Opinion and Decision in the matter of Robert Triano of Local 398 with exhibits; 1 orig and 2 copies of the Acknowledgment of Receipt by UPS Next Day Air to Judge Edelstein on 11/22/99. Also a copy of Application LXXVII with enclosures to Karen Konisberg, AUSA; John J. Cronin, Jr.; Charles M. Carberry; Patrick J. Szymanski, Robert Triao by UPS Next Day Air. (lam)
November 29, 1999 Filing 3346 Opinion and Decision of the Independent Review Board re: charges against former Local 560 Member Modestino C. Festa. With exhibits: IRB Investigative Report 5/24/99 (ex. 1-21) in the matter of Modestino C. Festa; IRB Hearing Transcript 8/3/99 with exhibits IRB 1 - IRB 5 in the matter of Modestino C. Festa. (lam)
November 29, 1999 Filing 3345 APPLICATION LXXVI of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Modestino C. ("Augie") Festa . Return date not indicated. (lam)
November 29, 1999 Filing 3344 ACKNOWLEDGEMENT OF RECEIPT of application LXXVI of the IRB for the IBT by Judge Edelstein on 11/24/99. Copies of the acknowledgment have been forwarded to Frederick B. Lacey and Modestino C. Festa. (lam)
November 29, 1999 Filing 3343 Affidavit of service of one orig and 2 copies of Application LXXVI; one orig and 2 copies of the IRB's Opinion and Decision re: Modestino C. Festa of Local 560 with exhibits; and 1 orig and 2 copies of the Acknowledgment of Receipt by UPS Next Day Air to Judge Edelstein on 11/22/99. (lam)
November 29, 1999 USCA Case Number Re: [3310-1] appeal USCA NUMBER: 99-6266. (dt)
November 23, 1999 Filing 3342 Letter addressed to Judge Edelstein from Joseph Aligo, dated 11/10/99, re: to object and appeal the IRB's ruling. (kw)
November 15, 1999 Filing 3341 Letter filed by the Election Officer, addressed to Judge Edelstein from Richard W. Mark, Counsel to the Election Officer, dated 11/9/99, re: Election Officer's Report No. 30 for activity in October 1999. (lam)
November 15, 1999 Filing 3340 Quarterly Report XXVIII of the Independent Review Board under the consent order Article G. "Report to the Court" (lam)
November 15, 1999 Filing 3339 ACKNOWLEDGEMENT OF SERVICE of Quarterly Report XXVIII of the Independent Review Board by Judge Edelstein on 11/15/99. Copies of the acknowlgement sent to Frederick B. Lacey, LeBoeuf Lamb Greene & MacRae. . (lam)
November 15, 1999 Filing 3338 Affidavit of service of one original and 2 copies of Quarterly Report XXVIII and 1 orig and 2 copies of the Acknowledgment of Receipt from the IRB to Judge Edelstein by UPS Next Day Air on 11/12/99. Also a copy of Quarterly Report XXVIII by UPS Next Day Air to Karen Kinisberg, AUSA, John J. Cronin, Jr., and Patrick J. Szymanski. (lam)
November 15, 1999 Filing 3337 Letter filed by Chambers, addressed to Joseph Aligo from Joseph B. Shumofsky, Law Clerk, dated 11/4/99, re: to advise Mr. Aligo that this Court has received Application LXXIII of the IRB concerning penalties that the IRB imposed against him; should Mr. Aligo wish to file objections to Application LXXIII, such objections must be in writing and filed with this Court by 11/19/99 @5:00pm. (lam)
November 15, 1999 Filing 3336 Letter filed by Chambers, addressed to Ronald Dyson from Joseph B. Shumofsky, Law Clerk, dated 11/4/99, re: advising Mr. Dyson that this court has recived Application LXXII of the IRB concerning penalties that the IRB imposed against him. Should Mr. Dyson wish to file objections to Application LXXII, such objections must be in writing and filed with this Court by 11/19/99 @5:00pm. (lam)
November 5, 1999 Filing 3335 Opinion and Decision of the Independent Review Board concerning allegations of wrongdoing by Local 707 member Joseph Aligo. With Exhibit A (IRB Investigative Report 5/24/99; in the matter of Joseph Aligo); Exhibit B (IRB Hearing Transcript, 8/3/99 in the matter of Joseph Aligo) (lam)
November 5, 1999 Filing 3334 NOTICE OF Application LXXIII of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Joseph Aligo . Return date not indicated. (lam)
November 5, 1999 Filing 3333 ACKNOWLEDGEMENT OF Receipt of Application LXXIII of the IRB concerning Application LXXIII of the IRB by Judge Edelstein on 11/1/99. (lam)
November 5, 1999 Filing 3332 Affidavit of service of 1 orig and 2 copies of Application LXXIII; 1 orig and 2 copies of the IRB's Opinion and Decision in the matter of Joseph Aligo of Local 707 with exhibits; and 1 orig and 2 copies of the Acknowledgment of Receipt to Judge Edelstein by UPS Next Day Air on 10/29/99. Also a copy of Application LXXIII along with the enclosures by UPS Next Day Air to Karen Konisberg, AUSA; John J. Cronin, Jr.; Charles M. Carberry; Patrick J. Szymanski; and Jospeh Aligo. (lam)
November 5, 1999 Filing 3331 Letter filed by the IRB, addressed to Judge Edelstein from Frederick B. Lacey, dated 10/29/99, re: transmittal of 1 orig and 2 copies of Application LXXIII of the IRB, the Opinion and Decision regarding Joseph Aligo, the 10/29/99, Opinion and Decision of the IRB, an Acknowledgment of Receipt; and an Affidavit of Service. (lam)
November 5, 1999 Filing 3330 Opinion and Decision of the Independent Review Board concerning allegations of wrongdoing by Local 813 member Ronald Dyson. With Exhibit A (IRB Investigative Report -4/22/99, in the matter of Ronald Dyson); and Exhibit B (IRB Hearing Transcript 6/2/99; in the matter of Ronald Dyson). (lam)
November 5, 1999 Filing 3329 NOTICE OF Application LXXII of the Independent Review Board--Opinion of the IRB in the matter of the Hearing of Ronald Dyson . Return date not indicated. (lam)
November 5, 1999 Filing 3328 ACKNOWLEDGEMENT OF Receipt of Application LXXII by Judge Edelstein on 11/1/99. (lam)
November 5, 1999 Filing 3327 Affidavit of service by UPS Next Day Air to Judge Edelstein of 1 orig. and 2 copies of Application LXXII; 1 orig and 2 copies of the IRB's Opinion and Decision in the matter of Ronald Dyson with exhibits; and 1 orig and 2 copies of the Acknowledgment of Receipt on 10/29/99. Also a copy of the Application LXXII with the enclosures via UPS Next Day Air to Karen Konisberg, AUSA; John J. Cronin, Jr.; Charles M. Carberry; Patrict J. Szymanski; Ronald Dyson. (lam)
November 5, 1999 Filing 3326 Letter filed addressed to Judge Edelstein from Frederick B. Lacey, IRB, dated 10/29/99, re: transmitting 1 original and 2 copies of application LXXII of the IRB; the Opinion and Decision regarding Ronald Dyson; the 10/29/99, Opinion and Decision of the IRB; an Acknowledgment of Receipt; and an Affidavit of Service. (lam)
November 5, 1999 Filing 3325 Copy of Letter filed, addressed to Patrick J. Szymanski, General Counsel, IBT from Frederick B. Lacey, of LeBoeuf Lamb Greene & MacRae, dated 10/28/99; September bill for services and expenses rendered by the office in connection with the Independent Review Board. (lam)
November 3, 1999 Filing 3324 Letter filed by United States addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 10/29/99, re: in support of Application LXXI of the IRB concerning disciplinary action taken against Anthony F. Antoun, a member of Local 337 of the IBT. (lam)
November 3, 1999 Filing 3323 Letter filed by United States addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 10/29/99, re: in support of Application LXX of the IRB concerning disciplinary action taken against Leo H. Connelly, Jr., a member of Local 337 of the IBT. (lam)
October 20, 1999 Filing 3322 Copy of Letter filed, addressed to Andrew W. Schilling, AUSA from G. Neil McDermid, atty, dated 10/18/99; Mr. Slemko will not be discontinuing his proeceedings in Alberta unless ordered to so by a Court in Alberta. (lam)
October 19, 1999 Filing 3320 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3310-1] appeal (ls)
October 18, 1999 Opinion or Order Filing 3319 STIPULATION and ORDER that purs. to Fed. R. App. P. 11(f), the parties to the appeal docketed as Case No. 99-6266 (Ron Carey, Appellant) in the USCA, 2nd Circuit agree and stipulate that the record in this case, with the exception of the documents set forth on Schedule A attached hereto, shall be retained in the Dist. Court unless thereafter the Court of Appeals shall order or any party shall request its transmittal to the Court of Appeals. This Stipulation shall not in any way affect the composition of the record on appeal under Fed. R. App. P. 10(a) . ( signed by Judge David N. Edelstein ) (emil)
October 14, 1999 Filing 3321 Copy of Letter filed by the IBT addressed to Patrick J. Szymanski, IBT, from John J. Cronin, Jr. Administrator, dated 10/12/99, re: itemized statements of expenses of the Chief Investigator's Office totalling $25,853.69 submitted for payment by the IBT. With separate attachments for June 1999, July 1999, and Aug. 1999. (lam)
October 14, 1999 Opinion or Order Filing 3318 OPINION & ORDER #82981 granting [3294-1] motion to continue supervisory jurisdiction over implementation of 3/14/89 Consent Decree entered in this matter, and the Court's inherent equitable powers, granting [3294-2] motion enjoining Daniel D. Slemko from prosecuting the action entitled Daniel D. Slemko v. Int'l Brotherhood of Teamsters et al, Action N0. 9901-12970/1999 in any court or forum other than this Court, granting [3294-3] motion directing Slemko to withdraw that action within 10 days ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
October 12, 1999 Filing 3317 MANDATE OF USCA (certified copy) Re: A motion having been made to dismiss the appeal as moot, upon consideration thereof, it is ordered that the motion is granted. Re: [3128-1] appeal of Anheuser-Busch, Inc. (emil)
October 7, 1999 Filing 3316 Letter addressed to Judge Edelstein from G. Neil McDermid, atty for Danny Slemko in an Alberta action against the IBT Canada and the IRB, dated 10/4/99, re: Mr. Slemko is not in the financial position to afford to hire NY counsel to represent him and therefore must let this application by the US go by default. (lam) Modified on 10/19/1999
October 7, 1999 Filing 3315 Copy of Letter addressed to Patrick J. Szymanski, of the IRB from Frederick B. Lacey, of Leboeuf Lamb et al, dated 10/5/99; re: the law firm's August bill for services and expenses. (lam)
October 7, 1999 Filing 3314 Copy of Letter filed addressed to Leo H. Connelly, Jr. from Joseph B. Shumofsky, Law Clerk, dated 10/5/99, re: advising you that this Court has received Application LXX of the IRB, concerning penalties that the IRB imposed against you; should you wish to file objections to Application LXX, such objections must be in writing and filed with this Court no later than 10/19/99 @5:00pm. (lam)
October 7, 1999 Filing 3313 Copy of Letter addressed to Anthony Antoun from Joseph B. Shumofsky, Law Clerk, dated 10/5/99, re: advising that this Court has received Application LXXI of the IRB concerning penalties that the IRB imposed against you; should you wish to file objections to Application LXXI, such objections must be in writing and filed with this Court no later than 10/19/99 @5:00pm. (lam)
October 5, 1999 Filing 3312 Letter filed the United States, addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 10/5/99; in response to the letter to the leter to the Court dated 10/4/99, from G. Neil McDermid, counsel for IBT member Daniel Slemko. (lam)
September 29, 1999 Filing 3311 MEMORANDUM by Int'l Bro. of Teamst in support of Government's [3294-2] motion enjoining Daniel D. Slemko from prosecuting the action entitled Daniel D. Slemko v. Int'l Brotherhood of Teamsters et al, Action N0. 9901-12970/1999 in any court or forum other than this Court (lam)
September 24, 1999 Notice of appeal and certified copy of docket to USCA: [3310-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
September 23, 1999 Filing 3310 NOTICE OF APPEAL by Ron Carey ; from [3290-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Charles M. Carberry, Esq., Karen B. Konigsberg, Esq., G. Robert Gage, Jr., Esq. and Reid H. Weingarten, Esq. $105.00 Appeal filing fee paid September 23, 1999 on receipt # E 355381. (dt)
September 23, 1999 Filing 3309 Independent Review Board Hearing Transcript - May 14, 1999 with exhibits IRB 1 - IRB 8 and Supplemental Hearing exhibits 48-56, in the Matter of Leo H. Connelly. (lam)
September 23, 1999 Filing 3308 Independent Review Board Investigative Report, Feb. 16, 1999 with exhibits Ex.1 - Ex.38; in the Matter of Leo H. Connelly. (lam)
September 23, 1999 Filing 3307 Affidavit of service to Judge Edelstein of an orig and 2 copies of Application LXX; an orig and 2 copies of IRB's Opinion and Decision in the Matter of Leo H. Connelly, Jr.; and an orig and 2 copies of the Acknowledgment of Receit by UPS Next Day Air on 9/21/99. Also by UPS Next Day Air a copy of application LXX to Karen Konisberg, AUSA, Charles M. Carberry, John J. Cronin, Jr., Patrick J. Szymanski, and Leo H. Connelly, Jr. (lam)
September 23, 1999 Filing 3306 Opinion and Decision of the Independent Review Board concerning allegations of wrongdoing by Local 377 member Leo H. Connelly, Jr. (lam)
September 23, 1999 Filing 3305 NOTICE application LXX of the Independent Review Board -- Opinion of the IRB in the matter of the hearing of Leo H. Connelly, Jr. Return date not indicated. (lam)
September 23, 1999 Filing 3304 ACKNOWLEDGEMENT OF RECEIPT of Application LXX by Judge Edelstein on 9/22/99. (lam)
September 23, 1999 Filing 3303 Letter filed addressed to Judge Edelstein from Frederick B. Lacey, dated 9/21/99, re: transmittal of an original and 2 copies of Application LXX of the IRB, submitting the Opinion and Decision regarding Leo H. Connelly for review ; an original and 2 copies of the 9/21/99, Opinion and Decision of the IRB; an Acknowledgment of Receipt; and an affidavit of service. (lam)
September 23, 1999 Filing 3302 Independent Review Board Hearing Transcript - May 14, 1999 with exhibits IRB 1 - IRB 6 and Supplemental Hearing exhibits 48-56, in the Matter of Anthony F. Antoun. (lam)
September 23, 1999 Filing 3301 Independent Reviw Board Investigative Report, dated Feb. 16, 1999, with exhibits Ex.1 - Ex.47; in the Matter of Anthony F. Antoun. (lam)
September 23, 1999 Filing 3300 Affidavit of service of an original and 2 copies of Application LXXI; an original and 2 copies of the IRB's Opinion and Decision in the Matter of Anthony F. Antoun; and an original and 2 copies of the Acknowledgment of Receipt as to Judge Edelstein by UPS Next Day Air on 9/21/99. Also a copy of Application LXXI was mailed by UPS Next Day Air to Karen Konisberg, AUSA, Charles M. Carberry, John J. Cronin, Jr., Patrick J. Szymanski, and Anthony F. Antoun. (lam)
September 23, 1999 Filing 3299 Opinion and Decision of the Independent Review Board concerning allegations of wrongdoing by Anthony Antoun. (lam)
September 23, 1999 Filing 3298 NOTICE OF APPLICATION LXXI of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of Anthony F. Antoun . Return date not indicated. (lam)
September 23, 1999 Filing 3297 ACKNOWLEDGEMENT OF RECEIPT of Application LXXI of the IRB by Judge Edelstein on 9/22/99. (lam)
September 23, 1999 Filing 3296 Letter filed addressed to Judge Edelstein from Frederick B. Lacey, IRB, dated 9/21/99, re: transmittal of the Application LXXI of the IRB, and the Opinion and Decision regarding Anthony f. Antoun for Court review. (lam)
September 15, 1999 Notice of appeal and certified copy of docket to USCA: [3293-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
September 14, 1999 Filing 3295 MEMORANDUM by United States of America in support of [3294-1] motion to continue supervisory jurisdiction over implementation of the 3/14/89 Consent Decree entered in this matter, and the Court's inherent equitable powers, [3294-2] motion enjoining Daniel D. Slemko from prosecuting the action entitled Daniel D. Slemko v. Int'l Brotherhood of Teamsters et al, Action N0. 9901-12970/1999 in any court or forum other than this Court, [3294-3] motion directing Slemko to withdraw that action within 10 days, [3294-4] motion adjudging Slemko in civil contempt and imposing coercive sanctions as the Court deems appropriate, including substantial daily fines, if Slemko fails to take the actions directed (lam)
September 14, 1999 Filing 3294 NOTICE OF MOTION by United States of America to continue supervisory jurisdiction over implementation of the 3/14/89 Consent Decree entered in this matter, and the Court's inherent equitable powers ; enjoining Daniel D. Slemko from prosecuting the action entitled Daniel D. Slemko v. Int'l Brotherhood of Teamsters et al, Action N0. 9901-12970/1999 in any court or forum other than this Court ; directing Slemko to withdraw that action within 10 days ; adjudging Slemko in civil contempt and imposing coercive sanctions as the Court deems appropriate, including substantial daily fines, if Slemko fails to take the actions directed . Return date 10/5/99. (lam)
September 13, 1999 Opinion or Order Filing 3292 ORDER, that the Order to Show Cause presented by the Government on 9/13/99 asking this Court to enjoin Daniel D. Slemko, a member of the IBT, from prosecuting an action pending in the Court in Alberta, Calgary , and directing that pltff withdraw that action immediately is fatally flawed and rejected in all respects ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
September 8, 1999 Filing 3291 Report of the Election Officer No. 28, August, 1999. (lam)
August 27, 1999 Opinion or Order Filing 3290 OPINION & ORDER #82773, granting [3265-1] Application LXVIII of the Independent Review Board; and affirming the Supplemental Decision of the IRB in the matter of Ronald Carey and William Hamilton ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
August 27, 1999 Filing 3289 Quarterly Report XXVII of the Independent Review Board under the Consent Order Aricle G. "Report to the Court" (lam)
August 27, 1999 Filing 3288 ACKNOWLEDGEMENT OF RECEIPT of Quarterly Report XXVII of the IRB by Judge Elelstein on 8/27/99. Copies sent to Frederick Lacey, LeBoeuf Lamb Green & MacRae. (lam)
August 27, 1999 Filing 3287 Affidavit of service of one orig and 2 copies of the IRV.s Quarterly Report XXVII to Judge Edelstein by UPS Next Day Air on 8/18/99. A copy sent to Karen Konigsberg, Charles M. Carberry, John J. Cronin, and Patrick J. Szymanski by UPS Next day air. (lam)
August 27, 1999 Filing 3286 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals. (dt)
August 26, 1999 Filing 3293 NOTICE OF APPEAL by Gene Giacumbo ; from [3274-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Karen Konigsberg, Esq. and Charles M. Carberry, Esq. $105.00 Appeal filing fee paid August 26, 1999 on receipt # E 353058. (dt)
August 26, 1999 Filing 3285 REPLY MEMORANDUM re: in support of Mr. Carey's objections to applicaiton LXVIII of the IRB and renewed [3277-1] motion for Relief from Judgment under Rule 60(b) (lam)
August 24, 1999 Filing 3284 Letter addressed to Judge Edelstein from Annette Candelaria, Secretary, Local Union 896 dated 4/2/99, re: questions concerning the EAM decision. (lam)
August 24, 1999 Filing 3283 Letter filed by United States addressed to Judge Edelstein from Andrew W. Schilling, AUSA, dated 8/24/99, re: enclosing for the Court's information a copy of a brief filed by IBT Local 986 in connection with its appeal of a decision of this Court dated 6/16/99. (lam)
August 17, 1999 Filing 3282 Letter filed by United States addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 8/17/99; re: the Government's support of the IRB's Application LXVIII concerning Ronald Carey, former Pres. of IBT, and William H. Hamilton, Jr., former IBT Dir. of Government Affairs. (lam)
August 13, 1999 Filing 3281 MEMORANDUM in support of Charles M. Carberry, IRB, Chief Investigator re: [3265-1] Application LXVIII of the Independent Review Board - Supplemental Decision of the IRB in the matter of Ronald Carey and William Hamilton (lam)
August 12, 1999 Filing 3280 MANDATE OF USCA (certified copy) Re: affirmed in part [3211-1] appeal. And is vacated and remaned in part. (98-5057) Karen Greve Milton, USCA. (as)
August 6, 1999 Filing 3279 Objection(s) of William Hamilton to [3265-1] Application LXVIII of the Independent Review Board - Supplemental Decision of the IRB in the matter of Ronald Carey and William Hamilton. (lam)
August 6, 1999 Filing 3278 DECLARATION of Bruce C. Bishop, atty for Ron Carey in support Re: [3277-1] objections to application LXVIII of the IRB, and Renewed Motion for Relief from Judgment under Rule 60(b). (lam)
August 6, 1999 Filing 3277 OBJECTIONS TO APPLICATION LXVIII OF THE IRB and RENEWED NOTICE OF MOTION filed by Ron Carey for Relief from Judgment under Rule 60(b) . Return date not indicated. (lam)
August 6, 1999 Filing 3276 Election Officer's Final Report on Election Procedures (with Exhibits, vol. 1, 2, and 3) (lam)
August 4, 1999 USCA Case Number Re: [3245-1] appeal USCA NUMBER: 99-6166 (as)
August 3, 1999 Filing 3275 MANDATE OF USCA (certified copy) Re: affirmed [2864-1] appeal by Robert Weisenburger, Lawrence Bastian. (98-6074) Karen Greve Milton, USCA. (as)
August 2, 1999 Opinion or Order Filing 3274 OPINION & ORDER #82658 granting [3260-1] Application LXVII of the Independent Review Board -- Opinion and Decision of the IRB on remand in the matter of the charges against Gene Giacumbo; and the IRB Decision is Affirmed in all respects ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
July 29, 1999 Filing 3273 Copy of a letter dated 7/27/99 to Mr. Bishop regarding the fact that he has ten days from the date of this letter to submit written objections to applicaiton LXVIIII of the IRB that is 8/6/99. (kw)
July 22, 1999 Filing 3272 Affidavit and Agreement filed by Vincent N. Lasita Re: the IRB charge pending; I make this Affidavit and Agreement to resolve the IRB charge described in this document; this Agreement does not constitute an admission or a denial of the IRB charge ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
July 21, 1999 Filing 3271 Affidavit and Agreement by William C. Wright, Jr. Re: the IRB has a charge pending; I make this Affidavit and Agreement to resolve the IRB charge described in this document; this Agreement does not constitute an admission or a denial of the IRB charge ( signed by Judge David N. Edelstein ); Copies mailed. (lam)
July 21, 1999 Filing 3270 NOTICE OF Application LXIX of the Independent Review Board--Agreements between the IRB and William c. Wright, Jr. and Vincent N. Lasita . Return date not indicated. (lam)
July 21, 1999 Filing 3269 ACKNOWLEDGEMENT OF RECEIPT of Application LXIX by Judge Edelstein on 7/21/99. (lam)
July 21, 1999 Filing 3268 Affidavit of service of the orig and 2 copies of Application LXIX, the orig and 2 copies of the Compromise Agreements between the IRB and William Wright and Vincent Lasita and the Orig and 2 copies of the Acknowledgment of Receipt upon Judge Edelstein by UPS Next Day Air on 7/19/99. Also by UPS Next Day Air copies to John J. Cronin, Jr., Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry, Roger M. Synenberg. (lam)
July 21, 1999 Filing 3267 Letter filed by the IBT addressed to Judge Edelstein from Frederick B. Lacey, dated 7/19/99, re: transmittal of Application LXIX of the IBT; the orig and 2 copies of Application LXIX, approving the Agreements between the IRB and William C. Wright, Jr. and Vincent N. Lasita; the orig and 2 copies of the Agreements and the orig and 2 copies of the Acknowledgment of Receipt. (lam)
July 21, 1999 Filing 3266 Supplemental Decision in Re: Ronald Carey and William Hamilton. (lam)
July 21, 1999 Filing 3265 NOTICE OF Application LXVIII of the Independent Review Board - Supplemental Decision of the IRB in the matter of Ronald Carey and William Hamilton . Return date not indicated. (lam) Modified on 08/06/1999
July 21, 1999 Filing 3264 ACKNOWLEDGEMENT OF Receipt of Application LXVIII of the IRB for the IBT by Judge Edelstein on 7/21/99. (lam)
July 21, 1999 Filing 3263 Affidavit of service of an orig and 2 copies of Application LXVIII, an orig and 2 copies of the IRB's Opinion and Decision in the matter of Ronald Carey and William Hamilton, and an orig and 2 copies of the Acknowledgment of Receipt upon Judge Edelstein by UPS Next Day Air on 7/19/99. Also by Next Day Air copies to Karen Konisberg, AUSA, Charles M. Carberry, John J. Cronin, Jr., Patrick J. Szymanski, Mark J. Hulkower, and G. Robert Gage, Jr. (lam)
July 21, 1999 Filing 3262 Letter filed by the IBT addressed to Judge Edelstein from Frederick B. Lacey dated 7/19/99, re: transmittal of Application LXVIII of the IBT's Supplemental Decision regarding the remand of the IRB's 7/27/99, Majority Opinion and Concurring Opinion on the charges against ron Carey and William Hamilton. (lam)
July 21, 1999 Filing 3261 Opinion and Decision of the independent Review Board on Remand Re: Gene Giacumbo. (lam)
July 21, 1999 Filing 3260 NOTICE OF Application LXVII of the Independent Review Board -- Opinion and Decision of the IRB on remand in the matter of the charges against Gene Giacumbo . Return date not indicated. (lam)
July 21, 1999 Filing 3259 ACKNOWLEDGEMENT OF SERVICE of application LXVII by the IRB by Judge Edelstein on 7/21/99 (lam)
July 21, 1999 Filing 3258 Affidavit of service to Judge Edelstein of an orig and 2 copies of Application LXVII, an orig and 2 copies of the IRB's Opinion and Decision re: Gene Giacumbo, and an orig and 2 copies of the Acknowlegment of Receipt by UPS Next Day Air on 7/19/99. A copy of Application LXVII along with the enclosures to be delivered via UPS Next Day Air to Karen Konisberg, UUSA, Charles M. Carberry, John J. Cronin, Jr., Patick J. Szymanski, and J. Bruce Maffeo. (lam)
July 21, 1999 Filing 3257 Letter filed by the IBT addressed to Judge Edelstein from Frederick B. Lacey, dated 7/19/99, Re: Application LXVII of the IRB; orig and 2 copies of Application LXVII, the 7/19/99, Opinion and Decision of the IRB on Remand; an Acknowlegment of Receipt; and, an Affidavit of service. (lam)
July 21, 1999 Filing 3256 Letter filed addressed to Judge Edelstein from Frederick B. Lacey, dated 7/19/99, re: attached copy of Robert Baptiste's, (atty for James Santangelo and Richard Middleton) letter dated 7/1/99, stating that the respondents have complied with the IRB's 5/24/99 Decision. (lam)
July 20, 1999 Filing 3255 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3211-1] appeal (as)
July 14, 1999 Opinion or Order Filing 3254 STIPULATION and ORDER Re: retention of record in the District Court unless thereafter the Court of Appeals shall order or any party shall request transmittal to the Court of Appeals ( signed by Judge David N. Edelstein ). (lam)
July 14, 1999 Filing 3253 AFFIDAVIT AND AGREEMENT made by Edward J. Doyle to resolve the charge pending against him by the Independent Review Board; this agreement does not constitute an admission or denial of the charge ( signed by Judge David N. Edelstein) Copies mailed. (lam)
July 14, 1999 Filing 3252 NOTICE OF Application LXVI of the Independent Review Board -- Agreement between the IRB and Edward J. Doyle, Sr. Return date not indicated. (lam)
July 14, 1999 Filing 3251 ACKNOWLEDGEMENT OF RECEIPT of Application LXVI of the IRB by Judge Edelstein on 7/14/99 (lam)
July 14, 1999 Filing 3250 Affidavit of service of one original and 2 copies of application LXVI, one original and 2 copies of the Compromise Agreement, and the original and 2 copies of the Acknowledgment of Receipt to Judge Edelstein by UPS Next Day Air on 7/12/99; also by UPS Next Day Air a copy of Application LXVI was sent to Grant Crandall, William H. Webster, John J. Cronin, Jr., Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry, and Roy Barnes. . (lam)
July 14, 1999 Filing 3249 Letter filed addressed to Judge Edelstein from Frederick B. Lacey, IRB, dated 7/12/99, re: transmitting the Application LXVI of the Independent Review Board. (lam)
July 12, 1999 Opinion or Order Filing 3248 OPINION & ORDER #82560, granting [3231-1] Application LXV of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of James Santangelo and Richard Middleton; for a ruling by Judge Edelstein on the issues heard by the IBT during a hearing on 11/10/98, the charge filed against Local Union 849 James Santangelo and President Richard Middleton; and the IRB Decision is Affirmed in all respects ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
July 12, 1999 Filing 3247 Report of the Election Officer No.26, June 1999. (lam)
July 6, 1999 Filing 3246 Letter filed addressed to Patrick J. Szymanski from John J. Cronin, Jr., dated 6/28/99, re: itemized statements of expense of the Chief Investigator's office totalling $59,548.06. (kw)
July 6, 1999 Notice of appeal and certified copy of docket to USCA: [3245-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
July 2, 1999 Filing 3245 NOTICE OF APPEAL by Robert T. Simpson, Jr., appellant ; from [3234-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Karen B. Konigsberg, Esq., Charles M. Carberry, Esq. and Ceila Zahner, Esq. $105.00 Appeal filing fee paid July 2, 1999 on receipt # E 349025. (dt)
June 24, 1999 Filing 3244 Letter addressed to Judge Edelstein, from Geraldine Darrow, dated 4/5/99. Counsel requests that the submission by the US Attorney's office be read and considered by the Court with the clarification as set forth in this document. (kw)
June 24, 1999 Filing 3243 Letter addressed to Judge Edelstein, from Kenneth Conboy, dated 3/31/99 in response to the appeal of Local 986 of the International Brotherhood of Teamsters. (kw)
June 21, 1999 Filing 3240 MANDATE OF USCA WITHDRAWING APPEAL (certified copy) Re: withdrawing [3161-1] appeal by Int'l Bro. of Teamst. (99-6052) Karen Greve Milton, Acting CLerk, USCA> (as)
June 18, 1999 Filing 3242 Letter addressed to Judge Edelstein, dated 6/17/99, from Richard W. Mark, Counsel to the Election Officer re: the results of the Southern Region Rerun Election certification. (lam)
June 18, 1999 Filing 3241 Letter filed by Int'l Bro. of Teamst addressed to Eric H. Holder, Jr., Deputy Atty General, dated 6/16/99, from James P. Hoffa, General President re: requesting a meeting to discuss the IBT intended course of action for proceeding with the reforms which the Government has initiated. (lam)
June 17, 1999 USCA Case Number Re: [3211-1] appeal USCA NUMBER: 99-6114. (dt)
June 16, 1999 Filing 3239 STIPULATION for substitution of counsel; O'Dwyer and Bernstein is substituted as attys of record for the International Brotherhood of Teamsters in place and stead of Zuckerman Spaeder Goldstein et al, and Cohen Weiss and Simon ( signed by Judge David N. Edelstein ). (lam)
June 15, 1999 Filing 3238 Election Officer's announcement of results of the IBT's Southern Region Rerun Election. (lam)
June 11, 1999 Opinion or Order Filing 3237 MEMORANDUM & ORDER, that the Election Office Plan dated 6/10/99, for the handling of the paper records of the Election Office is approved; the Election Officer may take all steps necessary to carry out the E.O. Plan ( signed by Judge David N. Edelstein ); Copies mailed (lam)
June 11, 1999 Filing 3236 MANDATE OF USCA (certified copy) Re: affirmed [3045-1] interlocutory appeal by Int'l Bro. of Teamsti. (98-6198,98-6208) Karen Greve Milton, Acting Clerk, USCA. (as)
June 4, 1999 Opinion or Order Filing 3235 MEMORANDUM & ORDER, granting [3218-1] Application LXIV of the Independent Review Board for a ruling by the Honorable N. Edelstein, USDJ on the issues heard by the IRB during a hearing on 2/16/99, and thereafter determined, on the filed against Local Union 522 Secretary-Treasurer John Ferrara (signed by Judge David N. Edelstein ); Copies mailed (lam)
June 2, 1999 Opinion or Order Filing 3234 OPINION & ORDER #82413, denying [3203-1] motion to vacate Judgment entered on 6/27/96, and denying [3203-2] motion for reconsideration of of his Motion for Recusal. ( Signed by Judge David N. Edelstein ); Copies mailed. (kw)
May 26, 1999 Filing 3233 Letter to Mr. Szymanski from Frederick B. Lacey, of the firm of LeBoeuf, Lamb, Greene & MacRae LLP dated 5/24/99 re: firm's April bill for services and expenses rendered by this office in connection with the Independent Review Board. (kw)
May 25, 1999 Filing 3232 Affidavit of service of one orig and 2 copies of Application LXV; one orig and 2 copies of the IRB's Opinion and Decision in the matter of James Santangelo and Richard Middleton with exhibits; and one orig and 2 copies of the Acknowledgment of Receipt by UPS Next Day Air to Judge David N. Edelstein on 5/24/99. Also a copy of Application LXV with the enclosures by UPS Next Day Air to Karen Konigsberg, AUSA, Charles M. Carberry, John J. Cronin, Jr., Patrick J. Szymanski, and Robert M. Baptiste. (lam)
May 25, 1999 Filing 3231 NOTICE OF Application LXV of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of James Santangelo and Richard Middleton; for a ruling by Judge Edelstein on the issues heard by the IBT during a hearing on 11/10/98, on the charge filed against Local Union 849 Secretary-Treasurer James Santangelo and President Richard Middleton . Return date not indicated. (lam)
May 25, 1999 Filing 3230 Exhibits of the Independent Review Board: Hearing Transcripts in the Matter of James Santangelo and Richard Midleton (5 bound exhibits) (lam)
May 25, 1999 Filing 3229 Opinion and Decision of the Independent Review Board. (lam)
May 25, 1999 Filing 3228 Letter to Judge Edelstein filed by Frederick B. Lacey, of the IRB dated 5/24/99 re the transmittal of 1 orig. and 2 copies of Application LXV of the IRB, the Opinion and Decision regarding James Santangelo and Richard Middleton with exhibits, an Acknowlegment of Receipt, and an affidavit of service. (lam)
May 25, 1999 Filing 3227 ACKNOWLEDGEMENT OF Receipt of Application LXV by Judge Edelstein on 5/25/99 (lam)
May 21, 1999 Filing 3226 Copy of letter to Peter Hoekstra, Chairman, Subcommittee on Oversight and Investigations Committee on Education and the Workforce, US House of Representatives, sent by Judge Edelstsin dated 5/21/99 re thanking Pete Hoekstra for sending a copy of the Subcommittee's Report on the Financial Operation and Political Affairs of the IBT. (lam)
May 21, 1999 Filing 3225 Letter to Judge Edelstein filed by Pete Hoekstra, Chairman the Subcommittee on Oversight and Investigations of the Committee on Education and the Workforce dated 5/14/99 re Report on the Financial, Operating, and Political Affairs of the IBT (a copy is attached). (lam)
May 10, 1999 Filing 3222 MANDATE OF USCA (certified copy) Re: Dismissed [3085-1] appeal. (98-6233) Carolyn Clark Campbell, Clerk, USCA. (as)
May 10, 1999 Filing 3211 NOTICE OF APPEAL by Teamsters Local 986 ("Local 986" or the Union:), Michael J. Rieley ("Riley"), Mary Lou Salmeron ("Salmeron"), JOh Harren ("Harren"), and Don Thornsburg (:Thornsberg")(collectiveley referred to as the "Petitioners"), ; from [3201-1] order the decision of the Election appeals Master is Affirmed in all respects, [3201-2] order . Copies of notice of appeal mailed to Attorney(s) of Record: Michael G. Cherkasky, Kenneth Conboy, Esq., Karen L. Konigsberg, Esq., Geraldine Darrow, Esq., Annette Candelaria and Irene Mata. $105.00 Appeal filing fee paid on May 10, 1999 on receipt # E 344769. (dt)
May 10, 1999 Notice of appeal and certified copy of docket to USCA: [3211-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
May 7, 1999 Filing 3221 IRB Hearing Transcript filed for dates of 2/16/99 with exhibits IRB-1 - IRB-8; in the matter of John Ferrara. (lam)
May 7, 1999 Filing 3220 Transcript of IRB Investigative Report filed for dates of 11/24/98 with exhibits Ex. 1 - Ex.30; in the matter of John Ferrara. (lam)
May 7, 1999 Filing 3219 Opinion and Decision of the Independent Review Board (lam)
May 7, 1999 Filing 3218 APPLICATION LXIV of the IRB--Opinion of the IRB in the matter of the hearing of John Ferrara; Application LXIV of the Independent Review Board for a ruling by the Honorable David N. Edelstein, USDJ on the issues heard by the IRB during a hearing on 2/16/99, and thereafter determined, on the charge filed against Local Union 522 Secretary-Treasurer John Ferrara . Return date 10/13/92 (lam)
May 7, 1999 Filing 3217 ACKNOWLEDGEMENT OF RECEIPT of Application LXIV by Judge Edelstein on 5/7/99; this Court further certifies that the Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY and that copies have been forwarded to Frederick B. Lacey, Esq. and John Ferrara. (lam)
May 7, 1999 Filing 3216 Affidavit of service of an original and 2 copies of Application LXIV, an original and 2 copies of the IRB's Opinion and Decision in the matter of John Ferrara with exhibits, and 1 original and 2 copies of the Acknowledgment of Receipt upon the Honorable David N. Edelstein by UPS Next Day Air on 4/26/99; also by UPS Next Day Air a copy of Application LXIV as to Karen Konigsberg, Charles M. Carberry, John J. Cronin, Jr., Patrick J. Szymanski, John Ferrara. (lam)
May 7, 1999 Filing 3215 Quarterly Report XXVI of the Independent Review Board under the Consent Order Article G. "Report to the Court". (lam)
May 7, 1999 Filing 3214 ACKNOWLEDGEMENT OF SERVICE of Quarterly Report XXVI of the IRB by David Edelstein on 5/6/99; this Court certifies that the Acknowledgment has been filed with the Clerk of the Court of the SDNY and that copies have been forwarded to Frederick B. Lacey, Esq. (lam) Modified on 05/11/1999
May 7, 1999 Filing 3213 Affidavit of service of original and 2 copies of the IRB's Quarterly Report XXVI and the original and 2 copies of the Acknowledgment of Receipt upon the Honorable David N. Edelstein by UPS Next Day Air on 5/5/99; a copy of the IRB Quarterly Report XXVI by UPS Next Day Air as to Patrick J. Szymanski, Karen Konigsberg, Charles M. Carberry, John J. Cronin, Jr., Grant Crandall, and William H. Webster. (lam)
May 5, 1999 Filing 3225 Letter to Judge Edelstein filed by Andrew w. Schilling, AUSA for the United States dated 5/5/99 re Government's response to the application filed by William W. Hamilton, Jr. seeking an order directing the IRB to consider Hamilton's request for relief from the decision permanently expelling him from the IBT. (lam) Modified on 05/12/1999
May 5, 1999 Filing 3224 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA for the United States dated 4/30/99 re Government's opposition to Robert T. Simpson, Jr.'s Motion to Vacate Judgment and Motion for Reconsideration of his Motion for Recusal, filed 4/16/99. (lam) Modified on 05/12/1999
May 5, 1999 Filing 3223 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA, for the United States dated 4/23/99 re the Government's response to the application filed by Ronald Carey seeking an order referring his Motion for Relief from Judgment to the IRB. (lam) Modified on 05/12/1999
May 5, 1999 Opinion or Order Filing 3212 ORDER, denying [3198-1] motion directing that Mr. Carey's Motion for Relief from Judgment be heard by the Independent Review Board; Ron Carey's and William W. Hamilton's Rule 60(b) motions are brought to the attention of the IRB exclusively and solely for the purpose of providing the members of the IRB an opportunity to determine whether the IRB wishes to consider these motions; should the IRB, in its sole discretion, be of the opinion that it is desirable that the IRB review these 60(b) motions it is free to do so ( signed by Judge David N. Edelstein ); Copies mailed (lam)
May 4, 1999 Filing 3210 REPLY MEMORANDUM filed by Ron Carey re: in support of [3198-1] motion directing that Mr. Carey's Motion for Relief from Judgment be heard by the Independent Review Board (lam)
April 30, 1999 Filing 3209 MEMORANDUM by Chief Investigator in opposition to [3203-1] motion to vacate Judgment entered on 6/27/96, [3203-2] motion for reconsideration of of his Motion for Recusal. (kw)
April 30, 1999 Filing 3206 MANDATE OF USCA (certified copy) Re: [2620-1] appeal. It is ordered, adjudged and decreed that the order od said district court be and it hereby is vacated and remanded in accordance with the opinion of this court. Judge Jacobs concurs in a separate opinion. (97-6212) Carolyn Clark Campbell, Clerk, USCA. (as)
April 29, 1999 Filing 3208 Letter to Judge Edelstein (by facsimile) filed by Michael G. Cherkasky, Election Officer dated 4/26/99 re to inform the Court that he has been invited to testify before the Subcommittee on Oversight and Investigations of the US House of Representatives Comm. on Educ. and the Workforce. (lam)
April 29, 1999 Filing 3207 Letter to Judge Edelstein filed by Charles M. Carberry, Chief Investigator, Independent Review Board dated 4/20/99 re in response to Ron Carey's request that his "Motion for Relief from Judgment" made purs to FRCP 60 ber remanded to the IRB. (lam)
April 29, 1999 Record on appeal files (98-2133) returned from U.S. Court of Appeals. (dt)
April 23, 1999 Filing 3205 MANDATE OF USCA (certified copy) Re: affirmed. Attached statement of costs taxed in the amount of $256.61 in favor of appellee, United States of America. (98-6166, 98-6186) Carolyn Clark Campbell, CLerk, USCA. *(Docketed as a Judgment #99,029 on April 26, 1999)*. (as) Modified on 04/27/1999
April 19, 1999 Filing 3204 MEMORANDUM filed by Robert T. Simpson, Jr. in support of [3203-1] motion to vacate Judgment entered on 6/27/96, [3203-2] motion for reconsideration of of his Motion for Recusal (lam)
April 19, 1999 Filing 3203 NOTICE OF MOTION filed by Robert T. Simpson, Jr. to vacate Judgment entered on 6/27/96 ; and for reconsideration of of his Motion for Recusal . With affidavit of Samuel Mendenhall attached. Return date 5/7/99. (lam)
April 19, 1999 Filing 3202 Filed Memo-Endorsement on letter from Karen b. Konigsberg, AUSA dated 4/16/99, Government's response to motion reset to 4/23/99 for [3198-1] motion directing that Mr. Carey's Motion for Relief from Judgment be heard the Independent Review Board ( signed by Judge David N. Edelstein ) (lam)
April 16, 1999 Opinion or Order Filing 3201 OPINION & ORDER #82216, the decision of the Election appeals Master is Affirmed in all respects ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
April 8, 1999 Filing 3200 DECLARATION of Bruce C. Bishop in support of [3198-1] application directing that Mr. Carey's Motion for Relief from Judgment be heard by the Independent Review Board (lam)
April 8, 1999 Filing 3199 MEMORANDUM in support of [3198-1] motion directing that Mr. Carey's Motion for Relief from Judgment be heard by the Independent Review Board (lam)
April 8, 1999 Filing 3198 NOTICE OF MOTION, by Ron Carey, directing that Mr. Carey's Motion for Relief from Judgment be heard by the Independent Review Board . Return date 5/5/99 @10:30am. (lam)
April 8, 1999 Filing 3197 Report of the Election Officer #23, March 1999 (lam)
April 7, 1999 Filing 3196 MEMORANDUM in support of Ron Carey re: [3194-1] motion for relief from Judgment under Rule 60(B) (lam)
April 7, 1999 Filing 3195 DECLARATION of Bruce Bishop, atty for Ron Carey in support of [3194-1] motion for relief from Judgment under Rule 60(B) (lam)
April 7, 1999 Filing 3194 NOTICE OF MOTION by Ron Carey for relief from Judgment under Rule 60(B) . Return date not indicated. (lam)
April 5, 1999 Opinion or Order Filing 3190 MEMORANDUM AND ORDER granting [3182-1] election Officer's Application XXlll approving the proposed election plan for rerun election for the vacant IBT Southern Region VP position, granting [3182-2] motion approving the proposed timetable for the Southern Region Rerun; it is hereby ordered that Election Officer Application XXIII is granted and the proposed Southern Region Rerun Election Plan is adopted as amended in this opinion; all subordinate entities of the IBT, including all locals and joint councils, are hereby bound by the Southern Region Rerun Election Plan, effective immediately; these rules shall be enforceable upon pain of contempt ( signed by Judge David N. Edelstein ); Copies mailed (lam) Modified on 04/08/1999
April 5, 1999 Filing 3188 MANDATE OF USCA (certified copy) Re: affirmed [2893-1] appeal. (98-6106) Carolyn Clark Campbell, Clerk, USCA. (as)
April 5, 1999 Filing 3187 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3128-1] appeal. (dt)
April 2, 1999 Filing 3193 REPLY MEMORANDUM by Michael G. Cherkasky, Election Officer in further support of [3182-1] Election Officer's Application XXlll approving the proposed election plan for rerun election for the vacant IBT Southern Region VP position, [3182-2] motion approving the proposed timetable for the Southern Region Rerun (lam)
April 2, 1999 Filing 3192 OBJECTIONS of Doug Mims to [3182-1] Election Officer's Application XXlll approving the proposed election plan for a rerun election for the vacant IBT Southern Region VP position (lam)
April 2, 1999 Filing 3191 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA, for the United States dated 3/31/99 re Government's response to Election Officer Application #XXIII (for approval of a Southern Region Rerun Election Plan). (lam)
April 1, 1999 Filing 3189 Statement of the Hoffa Unity Slate Re: Election Officer's application XXIII for an Order to Conduct a Rerun Election for one IBT Southern Region Vice-President Seat. (lam)
March 31, 1999 Filing 3186 Stipulation between counsel for pltff appellee USA and counsel for appellant Anheuser-Busch, Inc. regarding index to the record on appeal and the docket entries to be transmitted from 88 CV 4486 (DNE), to the USCA, 2nd Circuit in the appeal. (emil)
March 30, 1999 Filing 3185 Letter to Judge Edelstein filed by Andrew W. Schilling, AUSA, atty for the United States dated 3/29/99 re the Government's review of the appeal of Local 986 of the IBT, Michael J. Riley, Mary Lou Salmeron, John Harren and Don Thornsberg from the decision of the Election appeals Master dated 3/4/99, 99 Elec. App. 428(KC) (lam)
March 29, 1999 Filing 3184 Copy of Letter to Aaron Belk, IBT from Kenneth Conboy dated 3/24/99 re responding to the 3/23/99 in which Mr. Belk was seeking an advisory opinion as to whether or not he is entitled, under the IBT Constitution, to continue to serve as Southern Region VP until the winner of the rerun election for that office is certified by the Election Officer; KC advises that he does not have the authority under the Election Rules or the Consent Decree to issue such advisory opinions. (lam)
March 26, 1999 Filing 3183 MEMORANDUM in support of [3182-1] Election Officer's Application XXlll approving the proposed election plan for rerun election for the vacant IBT Southern Region VP position, [3182-2] motion approving the proposed timetable for the Southern Region Rerun (lam)
March 26, 1999 Filing 3182 NOTICE OF MOTION: election Officer's Application XXlll approving the proposed election plan for a rerun election for the vacant IBT Southern Region VP position ; approving the proposed timetable for the Southern Region Rerun . With declaration in support by Michael G. Cherkasky, Election Officer attached. Return date 4/1/99 (lam)
March 26, 1999 Opinion or Order Filing 3181 OPINION & ORDER #82101, in accordance with the Second Circuit's instruction, this Court remands to the IRB for it to consider whether its first imposed sanction on Giacumbo should stand or be modified because of any subsequent misconduct by Giacumbo in violation of the IRB's 10/31/98 order; furthermore, this Court finds that Giacumbo's request for Lacey's recusal in this matter is hereby denied ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
March 25, 1999 Record on appeal files (97-6212) returned from U.S. Court of Appeals: [2620-1] appeal. (dt)
March 23, 1999 USCA Case Number Re: [3161-1] appeal by Int'l Bro. of Teamst USCA NUMBER: 99-6052. (dt)
March 22, 1999 Filing 3180 Letter filed by Beth E. Goldman, AUSA for the United States dated 3/19/99 re in opposition to Gene Giacumbo's 3/12/99 letter arguing that IRB member Frederick B. Lacey should have been recused from considering the disciplinary charges against him. (lam)
March 22, 1999 Opinion or Order Filing 3179 OPINION & Order #82069, the decision of the Election Appeals Master is affirmed in all respects. This Court lifts the voluntary stay of the Election Appeals Master's decision. Thus, the certification of the IBT Rerun Election results is effective immediately. In addition, the Election Officer is ordered to promptly formulate a plan to complete the rerun election for the vacant Southern Region Vice President seat, and submit it to this Court for approval on or before 4/1/99 ( Signed by Judge David N. Edelstein ); Copies mailed. (kw)
March 19, 1999 Filing 3178 Chief Investigator's MEMORANDUM in opposition to Gene Giacumbo's claim that Independent Review Board member Frederick B. Lacey should have been recused. (lam)
March 18, 1999 Filing 3177 MEMORANDUM in support by petitioners of [3175-1] motion for an order vacating the 3/4/99 decision issued by Election Appeals Master, Kenneth Conboy, Esq. in Case No. 99 Elec. App. 428 (KC) 3/4/99, and [3175-2] motion for an order summarily dismissing the protest as against the Petitioners. (kw)
March 18, 1999 Filing 3176 DECLARATION in support by Barry I. Leby of [3175-1] motion for an order vacating the 3/4/99 decision issued by Election Appeals Master, Kenneth Conboy, Esq. in Case No. 99 Elec. App. 428 (KC) 3/4/99, and [3175-2] motion for an order summarily dismissing the protest as against the Petitioners.(kw) Modified on 03/24/1999
March 18, 1999 Filing 3175 NOTICE OF MOTION by Teamsters Local 986, Michael J. Riley, Mary Lou Salmeron, John Harren and Don Thornsburg for an order vacating the 3/4/99 decision issued by Election Appeals Master, Kenneth Conboy, Esq. in Case No. 99 Elec. App. 428 (KC) 3/4/99 ; and for an order summarily dismissing the protest as against the Petitioners ; Return date 4/7/99. (kw) Modified on 03/24/1999
March 15, 1999 Filing 3173 Letter filed by J. Bruce Maffeo, atty for Gene Giacumbo dated 3/12/99 re: in response to the Court's request for written submissions from the parties addressing whether Frederick B. Lacey, Esq., a member of the IRB, should have been recused from participation in the hearing against Giacumbo in light of the revised standard for recusal set forth in last week's Second Circuit's decision remanding the matter for consideration (United States v. IBT ("Giacumbo") (No.97-6212, 3/2/99) (lam)
March 15, 1999 Filing 3172 Letter filed by Karen B. Konigsberg, AUSA for the United States 3/12/99 re the Governments has reviewed the appeals of Tom Leedham and the Tom Leedham Rank and File Power Slate, and James Hoffa and the Hoffa Unity Slate from the 2/23/99 decision of Election Appeals Master Kenneth Conboy, 99 Elec. App.425(KC) decision. (lam)
March 15, 1999 Filing 3171 MEMORANDUM of Douglas Mims in RESPONSE to the Hoffa Slate's Appeal re: [3165-1] (lam)
March 12, 1999 Filing 3174 Statement of the Hoffa Unity Slate in response to Appeal of Tom Leedham and The Leedham Slate. (lam)
March 8, 1999 Opinion or Order Filing 3169 AFFIDAVIT AND AGREEMENT of Lon E. Fields, Sr., the Inependent Review Board, appointed purs to the consent Order entered 3/14/89, recommended that charges be filed against me for bringing reproach upon the IBT by causing an inaccurate CCER to be filed by the Carey campaign on 1/10/97; the IBT adopted and filed these charges on 12/8/98; I make this Affidavit and Agreement to permanently resign from any and all positions I have held with the IBT ( So Ordered, signed by Judge David N. Edelstein ); Copies mailed (lam)
March 8, 1999 Filing 3168 ACKNOWLEDGEMENT OF SERVICE of Receipt of Application LXIII by Judge David N. Edelstein on 3/5/99 (lam)
March 8, 1999 Filing 3167 Affidavit of service of original and 2 copies of Application LXIII, original and 2 copies of the Compromise Agreement between the IRB and Lon E. Fields, Sr., and original and 2 copies of the Acknowlegment of Receipt to Judge David N. Edelstein by UPS Next Day Air on 3/4/99. Also a copy of Application LXIII via UPS Next Day Air to: Grant Crandall, William H. Webster, John J. Cronin, Jr., Patrick J. Szymanski, Karen Konigsberg, AUSA, Charles M. Carberry, and Alton D. Priddy. (lam)
March 8, 1999 Filing 3166 Application LXIII of the Independent Review Board -- Agreement between the Independent Review Board and Lon E. Fields, Sr. (lam)
March 5, 1999 Filing 3165 Appeal of James P. Hoffa and Hoffa Unity Slate from Election Appeals Master's Decision in 99-Elec.App.424(KC) (lam)
March 5, 1999 Filing 3164 BRIEF in support of [3162-1] appeal of Tom Leedham and The Tom Leedham Rank and File Power Slate Post-71-EOH; 99-Elec. App.424(KC) (lam)
March 2, 1999 Filing 3170 Copy of Amended Notice of Appeal by Tom Leedham and Leedham Rank and File Power Slate in case #PST 71-EOH, 99Elec. App. 424(KC) (lam)
March 2, 1999 Filing 3163 Letter to Judge Edelstein filed Brian O'Dwyer, atty for James P. Hoffa and the members of the Hoffa Unity Slate, dated 3/1/99 re requesting a pre-hearing conference regarding their intention to ask that the court lift the stay Election Appeals Master Conboy granted in In re DeBella, No. 99-Elec. App.424(KC), to the extent necessary to allow the officers who won the rerun election to take office pending the resolution of any appeal. (lam)
March 1, 1999 Filing 3162 Notice of Appeal by Tom Leedham and Leedham Rank and File Power Slate in case Nos.PST 71-EOH, 99Elec.App.424(KC). (lam)
February 26, 1999 Filing 3161 NOTICE OF APPEAL by Int'l Bro. of Teamst ; from [3147-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Honorable Kenneth C. Conboy, Andrew W. Schilling, Esq., David L. Neigus, Esq., Duane B. Beeson, Michael G. Cherkasky, Esq., Richard W. Mark, Esq. and Mr. Bob Mattingly, Esq . $105.00 Appeal filing fee paid on February 26, 1999 on receipt # E 338770. Appeal record due on 3/29/99. (dt)
February 26, 1999 Notice of appeal and certified copy of docket to USCA: [3161-1] appeal by Int'l Bro. of Teamst ; Copy of notice of appeal sent to District Judge. (dt)
February 23, 1999 Filing 3160 Letter to Judge Edelstein filed by Arthur Z. Schwarz, representing Tom Leedham and the Leedham Slate, candidates in the recent Teamster election, dated 2/18/99 re decision of Judge Conboy concerning whether to approve the Election Officer's certification of the election. (lam)
February 23, 1999 Opinion or Order Filing 3159 ORDER granting [3155-1] motion Application LXII of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of Lawrence P. Garono ( signed by Judge David N. Edelstein ); Copies mailed (lam)
February 23, 1999 Filing 3158 Opinion and Decision of the Independent Review Board Re: Lawrence P. Garono. (lam)
February 23, 1999 Filing 3157 ACKNOWLEDGEMENT OF SERVICE of Application LXII of the IRB for the IBT by Judge David Edelstein on 2/18/99 (lam)
February 23, 1999 Filing 3156 Affidavit of service by UPS Next Day Air to Judge Edelstein of one original and 2 copies of Application LXII; one original and 2 copies of the IRB's Opinion and Decision in the matter of Lawrence P. Garono with exhibits; and one original and 2 copies of the Acknowlegment of Receipt on 2/2/99. Also sent, a copy of Application LXII, by UPS Next Day Air to David Neigus, Karen Konisberg, Charles M. Carberry, John J. Cronin, Jr., Lawrence P. Garono. (lam)
February 23, 1999 Filing 3155 NOTICE OF APPLICATION filed by the IBT, Application LXII of the Independent Review Board -- Opinion of the IRB in the matter of the Hearing of Lawrence P. Garono . Return date not indicated. (lam)
February 23, 1999 Filing 3154 Cover Letter to Judge Edelstein filed by the Frederick B. Lacey, IBT dated 2/2/99 re Application LXII of the IBT and accompanying documents. (lam)
February 10, 1999 Filing 3149 Notice that the Duplicate Original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3128-1] appeal. Original Record done on January 4, 1999 was lost. (dt)
February 9, 1999 Opinion or Order Filing 3153 ORDER, this Court acknowledges that Quarterly Report XXV of the Independant Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Quarterly Report XXV of the IRB with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the SDNY, and that copies of the Acknowledgment have been forward to Frederick B. Lacey, Esq. ( signed by Judge David N. Edelstein ); Copies mailed (kw)
February 8, 1999 Filing 3152 Affidavit of service of the IRB's Quarterly Report XXV upon David Neigus, Esq. by UPS Next Air on 2/3/99. (kw)
February 8, 1999 Filing 3151 Quarterly Report XXV of the Independent Review Board under the Consent Order Article G. "Report to the Court". (kw)
February 8, 1999 Filing 3150 Letter to Judge Edelstein from Karen B. Konigsberg, on behalf of United States of America, dated 2/5/99. Counsel encloses for the Court's information a copy of correspondence sent today to counsel for Ronald Carey and William H. Hamilton, Jr. and to the Independent Review Board. (kw)
February 1, 1999 Filing 3148 Transcript of record of proceedings filed for dates of 11/6/98 @11:00am before Judge Edelstein. (lam)
January 5, 1999 USCA Case Number Re: [3128-1] appeal USCA NUMBER: 98-6276. (dt)
January 4, 1999 Filing 3145 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3128-1] appeal. (dt)
January 3, 1999 Filing 3359 Copy of Letter filed, addressed to Independent Review Board from Judge Edelstein, dated 12/28/99, re: next meeting to be held on 1/25/00, if possible in New York City, and that, prior to that, to meet in Chambersa @10:00am. (lam)
December 30, 1998 Opinion or Order Filing 3147 ORDER mooting [3136-1] appeal from the decision of the Election Appeals Master in case App.409(KC); appeals from that part of the Decision of the Election Appeals Master issued on 11/30/98, that ordered Local Union 70 to issue withdrawal cards to all members of the Union who used the services of the Union's hiring hall and who have been unemployed in the jurisdiction of the Union for more than 6 months ( signed by Judge David N. Edelstein ); Copies mailed (lam)
December 30, 1998 Opinion or Order Filing 3144 STIPULATION and ORDER Re: Retention of Record in the District Court; purs to Fed.R.App.P. 11(f), the parties to the appeals docketed as Cases #98-6232 (William Hamilton, Appellant) and 98-6262 (Ron Carey, Appellant) in the United States Court of Appeals for the Second Circuit agree and stipulate that the record in the above captioned case, with the exception of the documents set forth on Schedule A attached hereto, shall be retained in the District Court unless therafter the Court of Appeals shall order or any party shall request its trnasmittal to the Court of Appeals; this Stipulation shall not in any way affect the composition of the record on appeal under Fed.R.Ap.P.10(a) ( signed by Judge David N. Edelstein ). (lam)
December 29, 1998 Filing 3146 Letter to Judge Edelstein filed by Andrew W. Schilling, AUSA for the United States dated 12/28/98 re the Government's review of the appeal of Local Union 70 of the IBT from the decision of the Election Appeals Master dated 11/30/98, 98 Elec.App. 409 (KC) (affirming in all respects the decision of the Election Officer dated 11/6/98, in case # PR-334-LU70-EOH which granted a pre-election protest filed by Bob Mattingly and imposed a remedy. In the Government's view, the appeal should be dismissed as moot. (lam)
December 22, 1998 Filing 3143 Letter to Judge Edelstein filed by Edward R. Mackiewicz, of Steptoe & hohnson, LLP dated 1/16/98 re in reply to the government's letter in opposition to Mr. Carey's request for the issuance of certain subpoenas. (lam)
December 22, 1998 Filing 3142 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA fir the United States dated 1/15/98 re the IRB is scheduled to conduct a hearing on union disciplinary charges against Ronald Carey on 1/20 & 21, 1998. Yesterday, Carey submitted an application to this Court for an order granting him the unprecedented power to issue subpoenas to compel the attendance of witnesses and the production of documents in connection with his IRB hearing. (lam)
December 22, 1998 Filing 3141 Letter to Judge Edelstein filed by Andrew W. Schilling, AUSA for the United States dated 1/15/98 re the IRB is scheduled to conduct a hearing on union disciplinary charges against William Hamilton, the former director of governmental affairs for the IBT, on 1/20 & 21, 1998. Today, Hamilton submited an application to this Court for an order granting him the unprecedented power to issue subpoenas to compel the attendance of witnesses and the production of certain documents in connection with his IRB hearing. (lam)
December 21, 1998 Filing 3140 MANDATE OF USCA (certified copy) Re: [2973-1] interdistrict appeal. It is hereby ordered, adjudged and decreed that the judgment of said district court be and it hereby is affirmed. Attached statement of casts taxed in theamount of $706.83 in favor of appellees, New York State National Organization for Women. (98-6166L) Carolyn Clark Campbell, Clerk,USCA. (as) Modified on 12/22/1998
December 15, 1998 Filing 3139 Letter to Judge Edelstein filed by Anheuser-Busch, Inc. dated 12/10/98 re in response to the supplemental letter submitted by Beth Goldman, AUSA n 12/3/98. (lam)
December 15, 1998 Filing 3138 MEMORANDUM by Local Union 70, Int'l Bro. of Teamsters in support of [3136-1] appeal from the decision of the Election Appeals Master in case No.PR-334-LU-70H-EOH, 98Elec. App.409(KC); appeals from that part of the Decision of the Election Appeals Master issued on 11/30/98, that ordered Local Union 70 to issue withdrawal cards to all members of the Union who used the services of the Union's hiring hall and who have been unemployed in the jurisdiction of the Union for more than 6 months (lam)
December 15, 1998 Filing 3137 DECLARATION in support of Duane B Beeson, atty of record for Appellant Local 70, Int'l Bro. of Teamsters re: [3136-1] motion from the decision of the Election Appeals Master in case No.PR-334-LU-70H-EOH,98Elec. App.409(KC); appeals from that part of the Decision of the Election Appeals Master issued on 11/30/98, that ordered Local Union 70 to issue withdrawal cards to all members of the Union who used the services of the Union's hiring hall and who have been unemployed in the jurisdiction of the Union for more than 6 months (lam)
December 15, 1998 Filing 3136 NOTICE OF APPEAL by Local Union 70, Int'l Bro. of Teamst from the decision of the Election Appeals Master in case No.PR-334-LU-70H-EOH,98Elec. App.409(KC); appeals from that part of the Decision of the Election Appeals Master issued on 11/30/98, that ordered Local Union 70 to issue withdrawal cards to all members of the Union who used the services of the Union's hiring hall and who have been unemployed in the jurisdiction of the Union for more than 6 months . Return date not indicated. (lam)
December 15, 1998 Indexed record on appeal files (98-6106) sent to the U.S.C.A. on December 14, 1998. (Files requested by Donite Kemp from the U.S.C.A.). (dt)
December 11, 1998 Opinion or Order Filing 3135 ORDER, that the Anheuser-Busch appeal to this Court from the Election Appeals Master's 10/21/98 decision affirming in all parts the Election Officer's 9/18/98 opinion is moot, an it is therefore, unnecessary for this Court to resolve the issues that the company raises on appeal (signed by Judge David N. Edelstein ); Copies mailed (lam)
December 10, 1998 Filing 3134 Election Officer's announcement of results of the IBT Int'l Officer Rerun Election. (lam)
December 9, 1998 Filing 3133 Letter filed by C. Sam Theodus, Candidate for VP at Large dated 12/1/98 re apealing Judge Conboy's decisions. (lam)
December 9, 1998 Filing 3132 Report of the Election Officer No. 19, November 1998 (lam)
December 9, 1998 Filing 3131 Copy of Letter to Peter Hoekstra, Chairman, House Subcommittee on Oversight and Investigations Comm. on Educ. and the Workforce filed by Mary Jo White, US Attorney for the United States dated 12/8/98 re status of the Independent Financial Auditor. (lam)
December 9, 1998 Opinion or Order Filing 3129 ORDER, that the decisions of the Election Appeals Master in cases In re: Peter Landon and Joint Council, 43; et al, 98 Elec. App 407(KC) (11/20/98) and In re: C. Sam Theodus and Michael G. Cherkasky, 98 Elec. App. 408(KC) (11/23/98), are Affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (lam)
December 8, 1998 Filing 3130 Election Officer's announcement of results of the IBT Int'l Officer Rerun Election (filed in night deposit on 12/8/98 @6:20) (lam)
December 7, 1998 USCA Case Number Re: [2794-1] appeal by Int'l Bro. of Teamst USCA NUMBER: 98-6262. (dt)
December 4, 1998 Filing 3128 NOTICE OF APPEAL by Anheuser-Busch, Inc. ; from [3126-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Kenneth Conboy, Esq., David L. Neigus, Esq., Barbara Deinhardt, Esq., Paul Alan Levy, Esq., Bradley T. Raymond, Esq., Mr. Michael Cherkasky, Mary Jo White, Esq., Marnie Walfoort, Esq., Arthur Z. Schwartz, Esq., Patrick J. Szymanski, Esq., David A. Eckstein, Esq., Rick Dade, Tom Leedham Campaign Office and James P. Hoffa. $105.00 Appeal filing fee paid on December 4, 1998 on receipt # E 332166. Appeal record due on 1/3/99. (dt)
December 4, 1998 Notice of appeal and certified copy of docket to USCA: [3128-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
November 24, 1998 Filing 3127 Copy of letter filed to David L. Neigus, General counsel, IBT from John J. Cronin, Administrator, IRB dated 11/17/98 re itemized statements of expenses of the Chief Investigator's Office totaling $35,873.32 submitted for payment by the IBT. With 3 attachements. (lam)
November 17, 1998 Opinion or Order Filing 3126 OPINION & ORDER #81527; the decision of the Election Appeals Master if Affirmed in all respects ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
November 16, 1998 Filing 3125 Letter to Judge Edelstein filed by Beth E. Goldman, AUSA for the United States dated 11/16/98 re Government's review of the appeal of Anheuser-Busch from the decision of the Election Appeals Master, 98 Elec. App. 380 (KC), dated 10/21/98. (lam)
November 16, 1998 Filing 3124 Letter to Judge Edelstein filed by Michael G. Cherkasky, Election Officer dated 11/10/98 re typographical error which was discovered on the Teamsters Canada Ballot. (lam)
November 13, 1998 Filing 3123 NOTICE OF INTERLOCUTORY APPEAL Ron Carey, Appellant from [3059-1] order Entered on docket 9/15/98; Copies of notice of interocutory appeal mailed to Attorney(s) of Record: US Atty., Karen Konigsberg, Charles M. Carberry, Esq., Fee Pd. $105.00, Rec # 330801 . (as)
November 13, 1998 Notice of appeal and certified copy of docket to USCA: [3123-1] interlocutory appeal ; Copy of notice of appeal sent to District Judge. (as)
November 10, 1998 Filing 3122 Report of the Election Officer No. 18, October 1998 (lam)
November 10, 1998 Filing 3121 Letter to Judge Edelstein filed by Richard W. Mark, Counsel to the Election Officer dated 11/9/98 re enclosed please find the original and one copy of the Election Officer's Report No. 18. This report is being submitted purs to the Court's directive of 10/21/98. A copy of this report is also being delivered to the office of the US Attorney for the SDNY. (lam)
November 9, 1998 Filing 3120 MANDATE OF USCA (certified copy) Re: Appeal filed by Ron Carey. It is hereby ordered, adjudged and decreed that the judgment of said district court be and it hereby is affirmed. (98-6014) Carolyn Clark Campbell, Clerk, USCA. Attached statement of costs taxed in the amount of $581.58 in favor of appellee, United States of America. (98-6014) Carolyn Clark Campbell, CLerk, USCA. Docketed as a Judgment # 98,2556 on November 17, 1998. (as) Modified on 11/20/1998
November 6, 1998 Filing 3118 Quarterly Report XXIV of the Independent Review Board under the Consent Order Article G. "Report to the Court". (lam)
November 6, 1998 Filing 3117 Acknowledgment of Receipt of Quarterly Report XXIV of the Independent Review Board signed by Judge David Edelstein. (lam)
November 6, 1998 Filing 3116 Affidavit of service of one original and 2 copies of the IRB's Quarterly Report XXIV and the original and 2 copies of the Acknowledgment of Receipt upon Judge Edelstein by UPS Next Day Air on 11/4/98. Copies also sent by UPS Next Day Air to David Neigus, Karen Konigsberg, AUSA, Charles M. Carberry, John J. Cronin, Grant Crandall, and William H. Webster. (lam)
November 5, 1998 Opinion or Order Filing 3119 ORDER, on 9/12/97, this court ordered that the Clerk of the Court establish an interest-bearing account and that payment of any funds tendered shall be deposited by the Clerk of the Court into the Account to be used to defray the costs of a rerun election for the IBT; by letter dated 10/7/98, Joseph Galli, Sec.-Treas. of Teamsters Local Union 688, forwarded to the Government an uncertified check for $5,000.00 payable to the Clerk of the Court contingency Fund; by letter dated 11/5/98, the government informed the Court that Local Union 688's check was received by the Government prior to the 10/15/98 deadline; these funds should be deposited and remain in the Account to be available for use by the Election Officer in connection with the Election Officer's supervision of the rerun election in the event that the cost of supervising the rerun election exceeds the amount budgeted by and available to the Election Officer; the Clerk of the Court hereby shall deposit the aforementioned payment into the Account ( signed by Judge David N. Edelstein ); Copies mailed (lam)
November 4, 1998 Filing 3115 AFFIDAVIT in support of Calvin Siemer, atty for Anheuser-Busch Re: [3114-1] notice of appeal of the Election Appeal Master's decision. (lam)
November 4, 1998 Filing 3114 NOTICE of APPEAL by Anheuser-Busch, to the USDC for the SDNY from the decision of Election Appeals Master Kenneth Conboy, 98 Elec. App. 392(KC), dated 10/21/98, which affirmed the Decision of the Election Officer in PR-213-LU896-PNW (lam)
November 3, 1998 Filing 3113 Copy of the Report of the Election Officer #17, September 1998 (orig not located yet) (lam)
November 3, 1998 Filing 3112 Letter to Judge Edelstein filed by Richard W. Mark, Counsel to the Election Officer dated 11/2/98 re enclosure of the original and one copy of the Election Officer's Quarterly Report #17. (lam)
November 3, 1998 Opinion or Order Filing 3111 ORDER granting [3094-1] motion Application XXI for approval of supplemental Rules for the count of Rerun Election Mail Ballots; these Supplemental Rules hereby bind all subordinate entities of the IBT, including all locals and joint councils, effective immediatley; these Supplemental Rules shall be enforceable upon pain of contempt ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 30, 1998 Opinion or Order Filing 3110 ORDER granting [3107-1] Election Officer's APPLICATION XXII for an order permitting the Election Officer to issue subpoenas; the Election Officer is authorized to issue any necessary subpoenas in furtherance of his investigations to assess compliance with the campaign finance provisions of the Rules and the Rerun Election Plan ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 30, 1998 Filing 3109 Letter filed chard W. Mark, counsel to the Election Officer dated 10/23/98 re in further support of the Election Officer Michael G. Cherkasky's Application XXI for Approval of Supplemental Rules for the Count of Rerun Election Mail Ballots. (lam)
October 29, 1998 Filing 3108 MEMORANDUM in support of [3107-1] Election Officer's APPLICATION XXII for an order permitting the Election Officer to issue subpoenas (lam)
October 29, 1998 Filing 3107 Election Officer's APPLICATION XXII for an order permitting the Election Officer to issue subpoenas . With declaration attached. Return date 10/30/98 on submission. (lam)
October 27, 1998 Opinion or Order Filing 3105 ORDER, the decision of the Election Appeals Master in In Re: Jon Senum and Jim Iund, 98 Elec. App. 378 (KC) (Sept. 30, 1998) is affirmed (signed by Judge David N. Edelstein ); Copies mailed. (kg)
October 26, 1998 Filing 3106 Letter addressed to Judge Edelstein filed by James M. Iund, dated 9/28/98. (dktd & filed as per chambers request) (sac)
October 21, 1998 Filing 3104 Statement of the Hoffa Slat Re: Election Officer Application XXI. (lam)
October 21, 1998 Filing 3103 Original Letter to Michael G. Cherkasky, Election Officer from Judge Edelstein dated 10/21/98 re requesting a monthly report to the Court, beginning with October, 1998, setting forth exactly what management steps are being undertaken to ensure a fair, free and democratic rerun election; the Court also requires that the report include a detailed accounting of all expenses incidental to the rerun, as well as a detailed description of the services rendered by whom and for what purpose; these reports shall be filed with the court by the 7th day of the following month, effective immediately. (lam)
October 21, 1998 Filing 3102 Copy of Letter to David Neigus, IBT General Counel from Frederick B. Lacey, IRB dated 10/14/98 re firm's September bill for services and expenses rendered in connection with the IRB. (lam)
October 21, 1998 Filing 3101 Letter to Judge Edelstein filed by Karen b. Konigsberg, AUSA, atty for the United States dated 10/21/98 re the Government's response to Election Officer Application #XXI. (lam)
October 21, 1998 Filing 3100 Letter to Judge Edelstein filed by Paul Alan Levy, Public Citizen Litigation Grp. dated 10/20/98 re writing on behalf of Dave Eckstein, Rick Dade, and Eddis Kornegay, in opposition to Anheuser-Busch's appeal from the Election Appeals Master's decision in 98 Elec. App. 380 (KC) (lam)
October 20, 1998 Filing 3098 SUPPLEMENTAL DECLARATION of Election Officer Michael G. Cherkasky in support of [3094-1] Application XXI for approval of supplemental Rules for the count of Rerun Election Mail Ballots (lam)
October 19, 1998 Filing 3097 DECLARATION of Beth E. Goldman, AUSA in response to the appeal by Anheuser-Busch from the 9/25/98 decision of the Election Appeals Master, which affirmed the 9/15/98 decision of the Election Officer re: [3082-1] appeal . (lam)
October 19, 1998 Filing 3096 Letter to Judge Edelstein filed Beth E. Goldman, AUSA, atty for the United States dated 10/19/98 re the appeal of Anheuser-Busch from the decision of the Election Appeals Master, 98 Elec. App. 380 (KC), dated 9/25/98; the decision of the Election Appeals Master should be affirmed. (lam)
October 14, 1998 Filing 3095 MEMORANDUM in support filed by Election Officer of [3094-1] application for approval of supplemental Rules for the count of Rerun Election Mail Ballots (lam)
October 14, 1998 Filing 3094 NOTICE filed by Election Officer of Application XXI for approval of supplemental Rules for the count of Rerun Election Mail Ballots . With declaration attached. Return date 10/23/98. (lam) Modified on 10/22/1998
October 14, 1998 Filing 3093 Letter to Judge Edelstein filed by Franklin K. Moss, cousnel to James P. Hoffa and the Hoffa Unity Slate dated 10/8/98 Re: enclosing a copy of a page from the IBT's most recent LM-2, which reflects that in 1997 Mr. Mee received salary and expenses of $106,992.93. (lam)
October 14, 1998 Filing 3092 Letter to the Clerk of the Court filed by Ken Mee dated 9/25/98 Re: enclosed is an appellant's supplementary statement in re IBT Election Protests Nos. PR-109 and PR-203. (lam)
October 14, 1998 Filing 3091 Statement of James P. Hoffa and The Hoffa Unity Slate Re: Appeal of Ken Mee in Election Protest Nos.PR-109 and 203. (lam)
October 14, 1998 Opinion or Order Filing 3090 ORDER, that Ken Mee's appeal is Denied and the Election appeals master's 9/14/98 decision is Affirmed ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 13, 1998 Filing 3099 Remark by Cashiers Office on copy of Order (page 2, signed 10/13/98), Paid 200,000.00 10/13/98, Int. Bearing Acct. Registry Deposit LV - Receipt #328531; placed into CRIS 10/14/98 (lam)
October 13, 1998 Filing 3089 Supplemental Affidavit of service by mail to the US Attorney's Office, SDNY of copies of the Memorandum of Law in support of Anheuser-Busch's Appeal of the Election Appeals Master's Decision (98Elec.App.380(KC) and Affidavit on 10/10/98. (lam)
October 13, 1998 Filing 3088 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA for the United States dated 10/13/98 re attaching a letter received today from Harold J. Yates, Pres. of IBT Joint Council 32, forwarding a check for $200,000.00 payable to the Clerk of the Court to provide a contingency fund for the Election Officer, in accordance with this Court's 9/14/98 Opinion and Order granting Election Officer Application XX. (lam)
October 13, 1998 Opinion or Order Filing 3087 ORDER, whereas, on 9/12/98, this Court ordered that the Clerk of the Court establish an interest-bearing acct (the "Account") and that payment of any funds tendered purs to or in accord with this Order shall be depositied by the Clerk of the Court into the Acct to be used to defray the costs of a rerun election for the IBT Int'l Union delegate and officer election, and that the Clerk of the Court shall maintain the Acct until such further order of this Court; whereas, by letter dated 9/9/98, Harold J. Yates, Pres. of IBT Joint Council 32, advised the Government that he and other leaders of IBT affiliates expected that IBT Locals and Joint Councils would agree to provide a minimun of $200,000 to $250,000 as a contingency fund "available for the Election Officer to use, at his discretion, to cover any costs in excess of those included in a $6 million budget that he deems appropriate to ensure the fairness and integrity of the rerun election; whereas, by letter dated 10/12/98, Mr. Yates forwarded to the Government a cashier's check for $200,000.00 payable to the Clerk of the Court, in order to provide a contingency fund for the Election Officer in accordance with this Court's 9/14/98 Opinion and Order; It Is Hereby Ordered that the Clerk of the Court hereby deposit the aforementioned payment into the Account ( signed by Judge David N. Edelstein ); Copies mailed (orig doc. sent to Cashiers on 10/15/98) (lam)
October 13, 1998 Filing 3086 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3085-1] appeal on October 13, 1998 by DT. (dt)
October 13, 1998 Indexed record on appeal files sent to the U.S.C.A. on October 13, 1998 by DT. (dt)
October 8, 1998 Filing 3084 AFFIDAVIT of Calvin Siemer, atty for Anheuser-Busch Re: in regard to the appeal of the Election Appeals Master's decision in the matter dated 9/25/98. (lam)
October 8, 1998 Filing 3083 MEMORANDUM by anheuser-Busch in support of [3082-1] appeal of The Election Appeals Master's Decision (98 Elec.App. 380(KC) (lam)
October 8, 1998 Filing 3082 NOTICE OF APPEAL TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK by Anheuser-Busch, Inc. ; from ; the decision of Election Appeals Master Kenneth Conboy, 98 Elec. App. 380 (KC), dated September 25, 1998, which affirmed the Decision of the Election Officer in PR-208-AB-EOH and PR-217-AB-EOH . Copies of notice of appeal mailed to Attorney(s) of Record: (dt)
October 6, 1998 Notice of appeal and certified copy of docket to USCA: [3081-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
October 5, 1998 Filing 3081 NOTICE OF APPEAL by William W. Hamilton, Jr., a respondent in the above referenced matter ; from [3059-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Karen Konigsberg, Esq., Andrew W. Schiling, Esq., Reid H. Weingarten, Esq., Bruce C. Bishop, Esq., Charles M. Carberry, Esq., Ceila A. Zahner, Esq. and John J. Cronon, Jr. $105.00 Appeal filing fee paid on October 5, 1998 on receipt # E 327717. (dt)
October 2, 1998 Filing 3077 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [3063-1] appeal by Int'l Bro. of Teamst (as)
October 1, 1998 Filing 3080 Letter to Judge Edelstein filed by Barbara Zack Quindel, Election Officer dated 10/31/98 re the enclosed Report of the Election Officer No.5, covering her activities for the quarter ending 9/30/95. (lam)
October 1, 1998 Filing 3078 Approval of the Rules for the 1995-96 IBT Int'l Union Delegate and Officer Election (lam)
September 30, 1998 Filing 3079 Reply Statement of Ken Mee to Statement of James P. Hoffa and The Hoffa Unity Slate Re: Appeal of Ken Mee in Electioon Protest #'s PR_109 and PR-203 Re: [3069-1] (lam)
September 29, 1998 Filing 3076 Letter filed by Eric R. Greene to Judge Edelstein dated 9/24/98, re: regarding the Appeal of Ken Mee in Election Protest Nos. PR-109 and 203 (ae)
September 28, 1998 Filing 3075 Copy of NOTICE that the IBT hereby appeals to the US Court of Appeals for the Second Circuit from an order dated 9/14/98, granting Election Officer Application XX (lam)
September 28, 1998 Filing 3074 Copy of Letter to Judge Edelstein filed by Michael G. Cherkasky, Election Officer dated 9/24/98 re informing the Court that he has been invited to testify before the Subcommittee on Oversight and Investigations of the US House of Representative Comm. on Education and the Workforce. (lam)
September 25, 1998 Filing 3073 Letter to Judge Edelstein filed by Michael G. Cherkasky, Election Officer dated 9/24/98 re invorming the court that he has been invited to testify before the Subcommittee on Oversignt and Investigations of the US House of Representatives Comm. on Education and the Workforce. (lam)
September 25, 1998 Filing 3072 Copy of Letter filed by Eric R. Greene, on behalf of James P. Hoffa and the Hoffa Slate dated 9/21/98 re providing 2 memoranda dated 8/20/98 sent by Tom Sever to all General Executive Board members of the IBT. (lam)
September 25, 1998 Filing 3071 Copy of Letter filed by Karen B. Konigsberg, AUSA for the United States dated 7/17/98 re seeking to extend the deadline for the Government to advise the court whether they have secured funding for Election Officer supervision of the rerun election until 7/22/98 24:00pm. (lam)
September 25, 1998 Filing 3070 Transcript of record of proceedings filed for dates of 5/11/98 @2:00 before Judge Conboy. (lam)
September 24, 1998 Filing 3069 Statement of James P. Hoffa and the Hoffa Unity Slate Re: Appeal of Ken Mee in Election Protest #PR-109 and 203. (lam)
September 24, 1998 Opinion or Order Filing 3068 STIPULATION and ORDER to retain record in the District Court; purs to Fed. R. App. P. 11(f), counsel for the partries to the appeal docketed as case #98-6198 in the US Court of Appeals for the Second Circuit agree and stipulate that the record in the case, with the exception of the documents set forth on Schedule A attached hereto., shall be retained in the district court unless the Court of Appeals shall order or any party shall request the transmittal of any part of the record; this stipulation shall not in any way affect the composition of the record on appeal ( signed by Judge David N. Edelstein ). (lam)
September 22, 1998 Filing 3067 Transcript of record of proceedings filed for dates of 8/19/98 @1;00pm before Judge Edelstein. (lam)
September 21, 1998 Filing 3065 Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals on September 21, 1998. (dt)
September 18, 1998 Filing 3064 STIPULATION that the parties to the appeal docketed as Case #98-6166 in the United States Court of Appeals for the Second Circuit agree and stipulate that copies of the documents described below shall be submitted as part of the record for trnasmittal to the Court of Appeals in the above appeal in lieu of the originals: doc. #2262, filed 4/25/95 - Motion by Election Officer; doc. #2333, filed 8/22/95 - Memorandum Opinion #75310; doc. #2931, filed 6/12/98 - Letter filed by Beth E. Goldman, AUSA (Signed by Karen B. Konigsberg, AUSA, Barbara Harvey and Thomas M. Kennedy, Attys for Appellants Carothers and Mee). (lam)
September 17, 1998 Filing 3066 Letter to Judge Edelstein filed Ken Mee dated 9/14/98 re appeal of the decision of the Election Officer. (lam)
September 17, 1998 Filing 3063 NOTICE OF APPEAL by Int'l Bro. of Teamst ; from [3062-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Karen B. Konogsberg, Esq., Michael G. Cherkasky, Esq. and Richard W. Mark, Esq. $105.00 Appeal filing fee paid on September 17, 1998 on receipt # E 326627. (dt)
September 16, 1998 Opinion or Order Filing 3062 OPINION & ORDER #81230 granting [3048-1] ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election; the timetable for the rerun election is adopted as modified in this opinion ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
September 16, 1998 Filing 3061 Transcript of record of proceedings filed for dates of 7/28/98 @2:00pm before Judge Edelstein. (lam)
September 15, 1998 Filing 3060 Letter to Judge Edelstein filed by Charles M. Carberry, IBT dated 9/14/98 re: the members of the IRB requested that I reply to Your Honor's letter of 8/18/98, forwarding allegations from Ken Paff. The matter is under active investigation as are many other matters relating to the 1996 Teamster election. The IRB will have a report to Your Honor on these matters in the near future. (lam)
September 15, 1998 Opinion or Order Filing 3059 OPINION & ORDER #81227 granting [2991-1] Application LXI of the Independent Review Board for an order by Judge Edelstein, USDJ--Majority Opinion and Concurring Opinion of the IRB in the matter of the hearing of Ronald Carey and William Hamilton; the IRB Decision is Affirmed in all respects ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
September 11, 1998 Filing 3058 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA for the United States dated 9/11/98 re the IBT has now agreed to pay its 2 million to the Election Officer, as well as the $4,017 million, immediately upon receipt of $4,017 million from the Government. (lam)
September 11, 1998 Filing 3057 Copy of Letter to Harold J. Yates by Karen B. Konigsberg, AUSA for the United States dated 9/10/98 re in response to the letter dated 9/9/98 to the US Atty, Mary Jo White on behalf of several officers of IBT Local Unions and Joint Councils re: the adequacy of funding for Election Officer supervision of the rerun of the 1996 IBT election. (lam)
September 11, 1998 Filing 3056 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA for the United States dated 9/10/98 re in response to the Election Officer's Application XX for approval of an amended timetable for the Rerun Election. (lam)
September 11, 1998 Filing 3055 Letter to Judge Edelstein filed by Ken Mee, Int'l VP of Int'l Bro. of Teamst dated 9/10/98 re Election Officer's Application XX for approval of an amended timetable for the Rerun Election. (lam)
September 11, 1998 Filing 3054 Copy of Letter to Mary Jo Whie, US Atty form Harold J. Yates, Pres. Minnesota Teamsters Joint council 32 dated 9/9/98 re the necessity of a prompt supervised election (lam)
September 11, 1998 Filing 3053 REPLY MEMORANDUM re: in support of [3048-1] ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election (lam)
September 11, 1998 Filing 3052 MEMORANDUM IN RESPONSE by Int'l Bro. of Teamst to [3048-1] ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election (lam)
September 11, 1998 Filing 3051 MEMORANDUM of Teamsters for a Democratic Union in response to [3048-1] ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election (lam)
September 10, 1998 Filing 3085 NOTICE OF APPEAL by C. Sam Theodus ; from [3022-1] order the decisions of the Election Appeals Master in In re: C. Sam Theodus and Robert Wenger, 98 Elec. App. 355(GSB) (6/24/98), In re: C. Sam Theodus, 98 Elec. App. 357 (KC) (7/6/98), and In re: C. Sam Theodus, 98 Elec. App. 360 (KC) are Affirmed, [3022-2] relief . Copies of notice of appeal mailed to Attorney(s) of Record: A.U.S.A. $105.00 Appeal filing fee paid on September 10, 1998 on receipt # E 324995. (dt)
September 10, 1998 Filing 3050 STATEMENT/RESPONSE of Hames P. Hoffa and the Hoffa Slate Re: [3048-1] motion ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election (lam)
September 9, 1998 Filing 3049 MEMORANDUM in support of [3048-1] ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election (lam)
September 9, 1998 Filing 3048 ELECTION OFFICER'S APPLICATION XX for approval of the Election Officer's Proposed Amended Timetable for the rerun of the 1996 IBT Int'l officer election . With declatation attached. Return date 9/11/98. (lam)
September 8, 1998 Filing 3047 MEMORANDUM of Teamsters for a Democratic Union in response to the IBT's Plan to offer Two Million Dollars while pursuing an Expedited Appeal. (lam)
September 8, 1998 Filing 3046 Letter to Judge Edelstein from by Karen B. Konigsberg, AUSA for the United States dated 9/4/98 re to advise the Court of the status of the funding for supervision of the rerun of the 1996 IBT election. (lam)
September 3, 1998 Filing 3045 NOTICE OF INTERLOCUTORY APPEAL by Int'l Bro. of Teamst from [3032-1] order Entered on docket 8/20/98; Copies of notice of interocutory appeal mailed to Attorney(s) of Record:Karen B. Konigsberg,Michael G. Cherkasky, Richard W. Mark. Fee Pd. $105.00, rec # 324664 . (as)
September 2, 1998 Remark by Cashiers Office on doc. #3041 (page 3) on 9/2/98 the following transaction was made: Received check #481444 in the amount of $25,000.00 payable to Office of the Election; Fed Exed 9/2/98. (lam)
September 2, 1998 Filing 3044 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [2973-1] interdistrict appeal on September 2, 1998. (dt)
September 1, 1998 Filing 3043 MEMORANDUM by Int'l Bro. of Teamst re: regarding Funding of Rerun Supervision. (lam)
August 31, 1998 Opinion or Order Filing 3042 INDEX TO THE RECORD AND STIPULATION for retention of record; purs to Federal Rules of Appellate Procedure 10 and 11(f), the parties to the appeal docketed as Case #98-6166 in the United States Court of Appeals for the Second Circuit agree and stipulate that the documents set forth on Schedule A attached hereto shall constitute the index of docketed entries in the record for transmittal to the Court of Appeals in the above appeal; the full record in the case shall be retained in the District Court unless otherwise ordered by the Court of Appeals; this Stipulation shall not in any way affect the composition of the record on appeal under Federal Rule of Appellate Procedure 10(a) ( signed by Judge David N. Edelstein ). (lam)
August 31, 1998 Opinion or Order Filing 3041 ORDER, that the Clerk of the Court hereby deposit the $25,000.00, into the interest-bearing account, that Charles Blitz has agreed to pay in a plea agreement with the Government in voluntary restitution to help defray some of the costs of the IBT rerun election; the Clerk of Court is ordered to withdraw $25,000.00 from the Account and tender such $25,000.00 to the Office of the Election Officer for the IBT Int'l Union Delegate and Officer Election by Check payable to the Office of the Election Officer, c/o Election Officer Michael Cherkasky, 444 N. Capitol Street, N.W., Suite 445, Washington, D.C. 20001 (signed by Judge David N. Edelstein ); Copies mailed (Orig. doc. sent to Cashiers Office on 9/1/98). (lam)
August 28, 1998 Filing 3040 Letter to Judge Edelstein filed by Andrew W. Schilling, AUSA for the United States dated 8/28/98 re in response to the IBT's unsolicited "Memorandum Regarding Funding of Special Master Supervision" dated 8/21/98. (lam)
August 28, 1998 Filing 3039 Letter to Judge Edelstein filed by Eric R. Green, atty for James P. Hoffa and the Hoffa Slate dated 8/27/98 re asked by Patrick Szymanski to provide for the Court's information, amicus curiae, a copy of a letter dated 8/27/98 from Mr. Szymanski to Tom Sever, as well as a letter dated 8/26/98 from Mr. Sever to Jim Benson. (lam)
August 28, 1998 Filing 3038 Letter to Judge Edelstein filed by Karen B. Konigsburg, AUSA to the United States dated 8/25/98 re the government's support of the IRB's Application LXI concerning Ronald Carey, former Pres. of the IBT, and William H. Hamilton, Jr., former IBT Dir. of Gov. Affairs. (lam)
August 28, 1998 Filing 3037 Letter to Judge Edelstein filed by Andrew W. Schilling, AUSA for the United States dated 8/25/98 re the government's review of the appeal of William Hamilton from the decision of the IRB. (lam)
August 26, 1998 Filing 3036 Letter to Judge Edelstein filed by Karen B. Konigsberg, AUSA for the United States dated 8/25/98 Re: submitting the attached letter in connection with the IRB's Application LXI concerning Ronald Carey, former General Pres. of the IBT and William H. Hamilton, Jr., former IBT Dir. of Government Affairs; enclosing briefs filed by Mr. Carey and the Chief Investigator before the IRB; in addition, the Government seeks to correct footnote 2 on page 2 of its letter brief, a copy of a corrected page 2 is enclosed; also enclosed is a letter dated 3/9/98, from John Nassikas, II, counsel for Gary Heying, to the Members of the IRB; also attached are the following documents: Post Hearing Memorandum of the Chief Investigator; Supplemental Post Hearing Memorandum of the Chief Investigator; Respondent Ron Carey's Post Hearing Memorandum; Reply Memorandum of the Chief Investigator; and Respondent Ron Carey's Surreply Memorandum to the Reply Memorandum of the Chief Investigator. (lam)
August 25, 1998 Filing 3035 Copy of Letter to Tom Sever, General President/General Sec.-Treasurer of the IBT filed by Phil Young, VP Central Region of the IBT dated 8/24/98 re Special Meeting of the General Executive Board for 8/31/98 in Wash. to discuss the funding of the Rerun Election and the request for a poll of the Convention Delegates. (lam)
August 25, 1998 Filing 3034 CHIEF INVESTIGATOR'S MEMORANDUM in support of [2991-1] Application LXI of the Independent Review Board for a ruling by Judge Edelstein, USDJ--Majority Opinion and Concurring Opinion of the IRB in the matter of the hearing of Ronald Carey and William Hamilton (lam)
August 21, 1998 Filing 3033 MEMORANDUM by Int'l Bro. of Teamst re: Funding of Special Master Supervision. (lam)
August 20, 1998 Opinion or Order Filing 3032 ORDER denying [2995-1] motion for an order requiring the United States to fund supervision of the Rerun Election and for entry of Judgment against the United States in the amount of $8,601,620 ( signed by Judge David N. Edelstein ); Copies mailed (lam)
August 20, 1998 Filing 3031 Filed Memo-Endorsement on letter from Karen B. Konigsberg, AUSA dated 8/19/98, granting an extension of time until 8/25/98 to respond to the objections filed by Ronald Carey and William Hamilton to IBT Application LXI ( signed by Judge David N. Edelstein ) (lam)
August 20, 1998 Filing 3030 Copy of Letter to Pete Hoekstra, Chairman, Subcommittee on Oversight and Investigations, comm. on Education and Workforce from Judge David Edelstein dated 8/20/98 re in response to letter dated 8/12/98 regarding the subcommittee's investigation of the IBT which had uncovered corruption on the part of IBT persons. I suggest that the evidence you have of such criminal conduct be brought immediately to the attention of the Dept. of Justice. (lam)
August 19, 1998 Filing 3029 Letter to Judge Edelstein filed by Pete Hoekstra, Chairman of the Subcommittee on Oversight and Investigations, Comm. on Education and the Workforce dated 8/12/98 re serious lapses by the IBT to uphold the spirit of the 1989 Consent Decree and to encourage its modification for the benefit of the IBT rank and file. (lam)
August 19, 1998 Filing 3028 Copy of Letter to Pete Hoekstra, Chairman Subcommittee on Oversight and Investigations Comm. on Education and Workforce from Judge Edelstein dated 8/19/98 re: upon return from vacation on 9/8/98 concerns expressed will be addressed. (lam)
August 19, 1998 Filing 3027 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 8/18/98 re enclosing documents for the Court's information (leter dated 8/18/98 from Phil Young, IBT to Tom Sever, IBT; letter dated 8/14/98 from Tom Sever, IBT to Phil Young, IBT; Memo to Members of the General Executive Board from Tom Sever dated 8/14/98 re: rerun election funding; Information in criminal case USA v. Charles Blitz. (lam)
August 19, 1998 Filing 3026 Quarterly Report XXIII of the Independent Review Board under the consent Order Article G. "Report to the Court". (lam)
August 19, 1998 Filing 3025 ACKNOWLEDGEMENT OF RECEIPT OF QUARTERLY REPORT XXIII of the IRB by Judge David Edelstein on 8/19/98. (lam)
August 19, 1998 Filing 3024 Affidavit of service of the IRB's Quarterly Report XXIII and 2 copies via UPS Next Day Air to Judge Edelstein on 8/14/98. Copies also sent to David Neigus, Karen Konigsberg, AUSA, Charles M. Carberry, Grant Crandall, William H. Webster and John J. Cronin, Jr. (lam)
August 19, 1998 Filing 3023 Letter to Judge Edelstein filed by the Independent Review Board dated 8/14/98 re Quarterly Report XXIII of the IRB (also enclosed an Acknowledgment of Receipt and an affidavit of service. (lam)
August 18, 1998 Opinion or Order Filing 3022 ORDER terminating [3021-1] motion re: Judge Conboys decision in case #PR-140; requesting a hearing; terminating [3020-1] motion re: the decision of the election appeals master Judge Conboy Post 052-CsT - EOH Post 053-CST.EOH; requesting a hearing on this matter; terminating [3019-1] motion re: the election appeals master designee decision in case #'s PR-119 STC-EOH and Pr-121 LU836 EOH; requesting a hearing on this issue; the decisions of the Election Appeals Master in In re: C. Sam Theodus and Robert Wenger, 98 Elec. App. 355(GSB) (6/24/98), In re: C. Sam Theodus, 98 Elec. App. 357 (KC) (7/6/98), and In re: C. Sam Theodus, 98 Elec. App. 360 (KC) are Affirmed ( signed by Judge David N. Edelstein ); Copies mailed (lam)
August 18, 1998 Filing 3021 Notice of Letter APPEAL to Judge Edelstein from C. Sam Theodus dated 7/1/98 re: Judge Conboys decision in case #PR-140; requesting a hearing . Return date not indicated. (lam)
August 18, 1998 Filing 3020 Notice of Letter APPEAL to Judge Edelstein from C. Sam Theodus re: the decision of the election appeals master Judge Conboy Post 052-CsT - EOH Post 053-CST.EOH; requesting a hearing on this matter . Return date not indicated. (lam)
August 18, 1998 Filing 3019 Notice of Letter APPEAL to Judge Edelstsin from C. Sam Theodus re: the election appeals master designee decision in case #'s PR-119 STC-EOH and Pr-121 LU836 EOH; requesting a hearing on this issue . Return date not indicated. (lam)
August 18, 1998 Filing 3018 Letter to Judge Elelstein filed by Ken Paff, Nat'l Organizer of the Teamsters for a Democratic Union dated 8/17/98 re enclosing a copy of a letter sent by him to the Independent Review Board urging the IRB to investigate the corruption found by Election Officer Michael Cherkasky in his report on the campaign of James P. Hoffa; urging the Court to order the IRB members and investigators to take strong, immediate action on the information uncovered in Mr. Cherkasky's report. (lam)
August 17, 1998 Filing 3017 NOTICE OF APPEAL by James P. Hoffa and the Hoffa State hereby appeal ; from ; that part of the Order entered in this action on June 22, 1998, that ordered Mr. Hoffa and the Slate to "disgorge" an additional sum to the election office with respect to alleged underpayments by the Hoffa Campaign to ARl Communications during the initial election . Copies of notice of appeal mailed to Attorney(s) of Record: Honorable Kenneth Conboy, Karen Konigsberg, Esq., William A. Sankbeil, Esq., Barbara Harvey, Esq., Robert S. Harrison, Esq., Michael Cherasky, Esq., David Neigus, Esq., Henry F. Murray, Esq. and Thomas M. Kennedy, Esq. $105.00 Appeal filing fee paid on August 17, 1998 on receipt # E 323714. (dt)
August 17, 1998 Filing 3016 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 8/13/98 re advising the Court of the current status of the efforts to obtain funding for the Election Officer supervision of the rerun of the 1996 IBT election. (lam)
August 17, 1998 Opinion or Order Filing 3015 ORDER, that this Court's oral Order of 8/13/98, compelling the appearance in this Court of all members of the IBT's General Ececutive Board on 8/19/98 is withdrawn ( signed by Judge David N. Edelstein ); Copies mailed (lam)
August 14, 1998 Filing 3014 Objection(s) by Int'l Bro. of Teamsters to Court Order requiring members of the IBT General Executive Board to appear in Court. (lam)
August 14, 1998 Opinion or Order Filing 3012 OPINION & ORDER #81063, denying Carey's request for a stay of the rerun election ( Signed by Judge David N. Edelstein) Copies mailed. (lam)
August 13, 1998 Filing 3013 REPLY by Int'l Bro. of Teamst Re: Funding for Supervised Election and Plan for Unsupervised Election. [3007-1] (lam)
August 13, 1998 Filing 3011 MEMORANDUM of Teamsters for a Democratic Union in response to the IBT's Plan for an Unsupervised Election. (lam)
August 12, 1998 Filing 3010 RESPONSE to [2991-1] motion Application LXI of the Independent Review Board for a ruling by Judge Edelstein, USDJ--Majority Opinion and Concurring Opinion of the IRB in the matter of the hearing of Ronald Carey and William Hamilton (lam)
August 12, 1998 Only the portion of the file that has the USCA # 97-6212 was sent up to the USCA. (as)
August 10, 1998 Filing 3009 MEMORANDUM by United States in opposition to Carey's Motion to Stay the Rerun Election indefinitely (lam)
August 10, 1998 Filing 3008 DECLARATION of Michael G. Cherkasky, Election Officer Re: his views on the "IBT Memorandum Regarding Plan for an Unsupervised Election and on the "Estimated Budget for Unsupervised IBT Election submitted with the IBT Plan. (lam)
August 10, 1998 Filing 3007 MEMORANDUM OF LAW IN RESPONSE by the Government to the IBT's Plan for an Unsupervised Election. (lam)
August 10, 1998 Filing 3006 Objections by Ron Carey to [2991-1] Application LXI of the Independent Review Board for a ruling by Judge Edelstein, USDJ--Majority Opinion and Concurring Opinion of the IRB in the matter of the hearing of Ronald Carey and William Hamilton (lam)
August 7, 1998 Filing 3005 Transcript of record of proceedings filed for dates of 6/29/98 @2:13pm before Judge Edelstein. (lam)
August 6, 1998 Filing 3004 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 8/4/98 re: the government will be seeking to obtain the IBT's agreement to contribute the remaining funds necessary to have Election Officer supervision of the rerun (apart from monies remaining from the escrow acct established by this Court at the request of the Government). Attached are copies of letters received from Chairman Ted Stevens of the Senate Comm. on Appropriations and from Chairman Harold Rogers of the Subcommittee on the Depts. of Commerce, Justice and State, the Judiciary, and Related Agencies of the House Comm. on Appropriations; also attached are the Department's 7/30/98 letters to Chairmen Stevens and Rogers (referred to in the letters from the Chairmen) (lam)
August 5, 1998 Filing 3003 MEMORANDUM by Int'l Bro. of Teamsters regarding Plan for Unsupervised Election (lam)
August 3, 1998 Filing 3002 REPLY MEMORANDUM by United States in support of the Government's [2982-1] application for approval of proposed rerun Election Plan; and in opposition to the IBT's [2995-1] application for an order requiring the United States to fund supervision of the Rerun Election and for entry of Judgment against the United States in the amount of $8,601,620 (lam)
July 30, 1998 Filing 3001 SUPPLEMENTAL DECLARATION of Bruce C. Bishop, atty for Ron Carey in support of [2986-1] motion to stay the 8/17/98 Notice of Election and Ballot Printing Deadline in the Election (lam)
July 30, 1998 Filing 3000 SUPPLEMENTAL MEMORANDUM in support of Mr. Carey's [2986-1] motion to stay the 8/17/98 Notice of Election and Ballot Printing Deadline in the Rerun Election (lam)
July 30, 1998 Filing 2999 Statement of the Hoffa Unity Slate Re: United States' [2982-1] motion for approval of proposed rerun Election Plan (lam)
July 29, 1998 Filing 2998 AFFIDAVIT of Ronald Weich, atty for Int'l Bro. of Teamst Re: past experience of the IBT with respect to the conduct of referenda (lam)
July 29, 1998 Filing 2997 International Brotherhood of Teamster's submission regarding Court-Ordered Referendum. (lam)
July 28, 1998 Filing 2996 MEMORANDUM by Int'l Bro. of Teamsters in opposition to the United States' [2982-1] motion for approval of proposed rerun Election Plan, and in support of IBT's [2995-1] application for an order requiring the United States to fund supervision of the Rerun Election and for entry of Judgment against the United States in the amount of $8,601,620 (lam)
July 28, 1998 Filing 2995 NOTICE OF MOTION by Int'l Bro. of Teamst for an order requiring the United States to fund supervision of the Rerun Election and for entry of Judgment against the United States in the amount of $8,601,620 . Return date 8/3/98. (lam)
July 28, 1998 Filing 2994 Exhibit A - Inependent Review Board Investigaitve Report 11/25/97 with exhits 1-10; In the matter of Ronald Carey - Volume I (12 additional exhibits filed) (lam)
July 28, 1998 Filing 2993 Affidavit of service of of 1 original and 2 copies of Application LXI; 1 original and 2 copies of the IRB's Majority Opinion and Concurring Opinion in the matter of Ron Carey and William Hamilton with exhibits; and 1 original and 2 copies of the Acknowledgment of Receipt by hand delivery to Judge Edelstein on 7/27/98. Copies of Application LXI along with the enclosures by hand delivery to David Neigus, Karen Konisberg, AUSA (with exhibits), Charles M. Carberry, G. Rovert Gage, Reid H. Weingarten. (lam)
July 28, 1998 Filing 2992 Decision of the Independent Review Board concerning William Hamilton and Ronald Carey; with Concurring Opinion by Frederick B. Lacey. (lam)
July 28, 1998 Filing 2991 Application LXI of the Independent Review Board for a ruling by Judge Edelstein, USDJ--Majority Opinion and Concurring Opinion of the IRB in the matter of the hearing of Ronald Carey and William Hamilton . Return date not indicated. (lam)
July 28, 1998 Filing 2990 Acknowledgment of Receipt of Application LXI by Judge Edelstein. (lam)
July 28, 1998 Filing 2989 Letter to Judge Edelstein filed by Frederick B. Lacey dated 7/27/98 re the sending of Application LXI of the IRB (lam)
July 27, 1998 Filing 2988 DECLARATION of Bruce c. Bishop, atty for Ron Carey in support of [2986-1] motion to stay the 8/17/98 Notice of Election and Ballot Printing Deadline in the Election (lam)
July 27, 1998 Filing 2987 MEMORANDUM by Ron Carey in support of [2986-1] motion to stay the 8/17/98 Notice of Election and Ballot Printing Deadline in the Rerun Election (lam)
July 27, 1998 Filing 2986 NOTICE OF MOTION filed by Ron Carey to stay the 8/17/98 Notice of Election and Ballot Printing Deadline in the Rerun Election . Return date not indicated. (lam)
July 23, 1998 Filing 2985 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 7/23/98 re government funding for Election Officer supervision of the rerun of the 1996 IBT election. (lam)
July 23, 1998 Filing 2984 Report of the Election Officer, #16, June 1998 (lam)
July 23, 1998 Filing 2983 MEMORANDUM by United States in reply to the IBT's [2966-1] supplemental response to Election Officer Application XIX and in support of the government's [2982-1] motion for approval of proposed rerun Election Plan (lam)
July 23, 1998 Filing 2982 APPLICATION by United States for approval of proposed rerun Election Plan . Return date not indicated. (lam) Modified on 07/27/1998
July 22, 1998 Filing 2981 Letter filed by Karen b. Konigsberg, AUSA for the United States dated 7/22/98 re the Government's attempt to secure sufficient funding to exercise its option to have the rerun of the 1996 IBT election supervised by an Election Officer. (lam)
July 21, 1998 Opinion or Order Filing 2980 MEMORANDUM & ORDER granting [2978-1] APPLICATION LX of the Independent Review Board--Opinion of the IRB in the matter of Bruce W. Presley; requesting that an Order be entered affirming the IRB's 7/8/98, Opinion that the charges Presley have been proved and sanctions imposed; the IRB is Ordered to submit its findings regarding Bruce W. Presley to the appropriate law enforcement authorities for their consideration ( signed by Judge David N. Edelstein ); Copies mailed (lam)
July 21, 1998 Filing 2979 Exhibit A - Independent Review Board Investigative Report 4/15/97 with exhibits 1-20 in the Matter of Bruce W. Presley (Exhibit B, C, D, total 5 volumes) (lam)
July 21, 1998 Filing 2978 APPLICATION LX of the Independent Review Board--Opinion of the IRB in the matter of Bruce W. Presley; requesting that an Order be entered affirming the IRB's 7/8/98, Opinion that the charges against Presley have been proved and sanctions imposed . Return date not indicated. (lam)
July 21, 1998 Filing 2977 Opinion and Decision of the Independent Review Board. (lam)
July 21, 1998 Filing 2976 Acknowledgment of Receipt of Application LX by Judge Edelstein. (lam)
July 21, 1998 Filing 2975 Affidavit of service of an original and 2 copies of Application LX; one original and 2 copies of the IRB's Opinion and Decision in the Matter of Bruce W. Presley of Local 497 with exhibits; one original and 2 copies of the Acknowlegemnt of Receipt by UPS Next Day Air to Judge Edelstein on 7/13/98. A copy of application LX with the enclosures by UPS Next Day Air to Grant Crandall, William H. Webster, Earl V. Brown, Jr., Karen Konisberg, AUSA (with exhibits), Charles M. Carberry, John J. Cronin, Jr., George B. Vasko. (lam)
July 21, 1998 Filing 2974 Letter filed to Judge Edelstein from Frederick B. Lacey of the Independent Review Board dated 7/13/98 re submission of the original and 2 copies of Application LX of the IRB, submitting the Opinion and Decision regarding Bruce W. Presley of IBT Local 497, submitted to be "so ordered" if appropriate; in addition the original and 2 copies of the 7/13/98 Opinion and Decision of the IRB with exhibits, Acknowlegment of Receipt and an Affidavit of Service. (lam)
July 20, 1998 Filing 2973 NOTICE OF INTERLOCUTORY APPEAL by William Carothers & Ken Mee hereby appeal from that part od an order of the USDC entered on June 22, 1998, that affirmed in relevant part the decision of the Election Appeals Master on the Carey Slate protest in PR-035-EOH;98 Elec. App. 348, that denied appellants' request to disqualify James P. Hoffa as a candidate for the office of General President of the International Brotherhood of Teamsters. Entered on docket ; Copies sent to attys of Record: Karen Konigsberg, Robert M. Baptiste, Henry F. Murray, Michael Cherkasky, David Neigus, William A. Sankbeil, Robert S. Harrison, Honorable Kenneth Conboy. Fee Pd, $105.00, rec # 321677. (as)
July 16, 1998 Filing 2972 Filed Memo-Endorsement on letter from Karen B. Konigsberg, AUSA dated 7/15/98, granting the Government's request for another extension of time until 7/17/98 @5:00 to report back to the Court and advise the Court whether the Government has secured sufficient funding to exercise its option to have the rerun of the 1996 IBT election supervised by an Election Officer ( signed by Judge David N. Edelstein ) (lam)
July 16, 1998 Filing 2969 Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals on July 16, 1998. (dt)
July 15, 1998 Filing 2971 Supplemental Statement of the Hoffa Slate Re: [2952-1] opposition response filed by the IBT, Re: [2947-1] ELECTION OFFICER'S APPLICATION XIX for an order securing funding for the Rerun Election (lam)
July 15, 1998 Filing 2970 Filed Memo-Endorsement on letter from Karen B. Konigsberg, AUSA dated 7/15/98, granting the Government's request that the deadline of 5:00pm for the Government to advise the Court whether it has secured sufficient funding to exercise its option of Election Officer supervision for the rerun of the 1996 IBT election be extended until 7:00pm ( signed by Judge David N. Edelstein ) (lam)
July 15, 1998 Filing 2968 Bill of costs taxed in the amount of $2,593.50 in favor of the appellant, Int'l Brotherhood of Teamsters. (97-6324) George Lange, III, Clerk, USCA. (as)
July 14, 1998 Filing 2967 MANDATE OF USCA (certified copy) Re: It is ordered that the judgment of said district court be, and it hereby is reversed. Bill of costs attached. (97-6324) George Lange, III, Clerk, USCA. (Docketed as Judgment #98,1651 on 7/15/98)(as) Modified on 07/16/1998
July 13, 1998 Filing 2965 STIPULATION by and between the parties through their respective counsel that copies of the listed documents constituting the record in the appeal to the United States Court of Appeals Second Circuit, Docket 98-6074 may be filed with the clerk and substituted as the original docketed record for the appeal . (lam)
July 10, 1998 Filing 2966 SUPPLEMENTAL RESPONSE by Int'l Bro. of Teamst Re: [2958-1] order that the IBT shall submit by 7/10/98, its plan for conducting an unsupervised rerun election in accordance with the Consent Decree, the Election Rules, and the timetable set by this Court for the rerun; the IBT shall submit by 7/10/98, papers addressing the proper role for a Special Master in the rerun election should this Court decide to make such an appointment; the Government shall submit by 7/15/98 any response to IBT's plan for an unsupervised rerun election; the Government shall inform this Court by 7/15/98 whether it has secured funding for and intends to exercise its option to have supervision of the rerun election by the Election Officer, [2958-2] relief (sac)
July 9, 1998 Filing 2964 REPLY MEMORANDUM re: in support of Ron Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
July 9, 1998 Filing 2962 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals on July 9, 1998. (dt)
July 8, 1998 Filing 2963 Copy of Letter to Mark Clark from Michael G. Cherkasky, Election Officer dated 7/7/98 re Election Office Case #PR-055-LU995-PHW Letters of 6/6/ and 6/14/98. (lam)
July 8, 1998 Opinion or Order Filing 2961 OPINION & ORDER #80856 denying Ron Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in Rerun Election ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
July 7, 1998 Filing 2960 REPLY MEMORANDUM re: in support of Mr. Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
July 7, 1998 Filing 2959 Letter from Frederick B. Lacey, of the IRB dated 7/2/98 re advising Judge Edelstein that the members of the IRB have been asked to testify on 7/30/98, before the Hoekstra Subcommittee on Oversight and Investigation, and has agreed to do so. (lam)
July 6, 1998 Opinion or Order Filing 2958 ORDER, that the IBT shall submit by 7/10/98, its plan for conducting an unsupervised rerun election in accordance with the Consent Decree, the Election Rules, and the timetable set by this Court for the rerun; the IBT shall submit by 7/10/98, papers addressing the proper role for a Special Master in the rerun election should this Court decide to make such an appointment; the Government shall submit by 7/15/98 any response to IBT's plan for an unsupervised rerun election; the Government shall inform this Court by 7/15/98 whether it has secured funding for and intends to exercise its option to have supervision of the rerun election by the Election Officer ( signed by Judge David N. Edelstein ); Copies mailed (lam)
July 1, 1998 Filing 2957 MEMORANDUM by Election Officer in opposition to Ron Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
July 1, 1998 Filing 2956 DECLARATION of Michael G. Cherkasky in opposition to Ron Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
July 1, 1998 Filing 2955 DECLARATION in opposition by United States to Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
July 1, 1998 Filing 2954 MEMORANDUM by United State in opposition to Carey's [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
July 1, 1998 Filing 2953 RESPONSE by United States to [2947-1] ELECTION OFFICER'S APPLICATION XIX for an order securing funding for the Rerun Election, [2947-2] motion directing the IBT to conduct the rerun election as required by the Consent Decree and Art.IV of the IBT Constitution, and in accordance with the Rules and timetable approved by this Court (lam)
June 29, 1998 Filing 2952 RESPONSE by Int'l Bro. of Teamst Re: [2947-1] ELECTION OFFICER'S APPLICATION XIX for an order securing funding for the Rerun Election (lam)
June 29, 1998 Filing 2951 DECLARATION of Ronald H. Weich, atty for IBT Re: seeking to obtain the agreement of the US to fund all or part of the cost of supervising the IBT rerun election. (lam)
June 29, 1998 Filing 2950 Statement of the Hoffa slate Re: Election Officer Application XIX. (lam)
June 25, 1998 Filing 2949 Letter filed by Thomas J. McKenna dated 6/24/98 re accompanying a stipulation signed by all counsel representing clients with an interest in the appeal. Central States Southwest and Southeast Area Health & Welfare Fund is a deft in one of the underlying 1998 district court actions (98cv517(DNE), 98cv1137(DNE)--appeal from injunction of 6/16/97) (lam)
June 25, 1998 Filing 2948 MEMORANDUM in support of [2947-1] ELECTION OFFICER'S APPLICATION XIX for an order securing funding for the Rerun Election, [2947-2] motion directing the IBT to conduct the rerun election as required by the Consent Decree and Art.IV of the IBT Constitution, and in accordance with the Rules and timetable approved by this Court (lam)
June 25, 1998 Filing 2947 ELECTION OFFICER'S APPLICATION XIX for an order securing funding for the Rerun Election ; directing the IBT to conduct the rerun election as required by the Consent Decree and Art.IV of the IBT Constitution, and in accordance with the Rules and timetable approved by this Court . With declaration attached. Return date 6/30/98 @10:00. (lam)
June 25, 1998 Opinion or Order Filing 2946 INDEX TO THE RECORD AND STIPULATION FOR RETENTION OF RECORD: purs to Fed.R.App.P. 10 and 11 (f), the parties to the appeal docketed as Case #98-6074 in the United States Court of Appeals for the Second Circuit stipulate and agree that the documents listed on Schedule A, attached hereto, shall constitute the index of docketed entries in the record for transmittal to the Court of Appeals in the above appeal if requested or ordered. The full record in the above captioned case shall be retained in the District Court and not transmitted to the Court of Appeals, unless otherwise ordered by the Court of Appeals. This Stipulation shall not in any way affect the composition of the record on appeal under Fed.R.App.P.10(a) ( signed by Judge David N. Edelstein ). (lam)
June 25, 1998 Filing 2945 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [2893-1] appeal (as)
June 25, 1998 Opinion or Order Filing 2944 STIPULATION and ORDER; purs. to Fed R. App. P. 11(f), the parties to the appeal docketed as Case No. 98-6106 in the USCA, 2nd Circuit agree and stipulate that the record in this case, w/ the exception of the documents set forth on Schedule A attached hereto, shall be retained in the Dist. Court unless thereafter the Court of Appeals shall order or any party shall request its transmittal to the Court of Appeals ( signed by Judge David N. Edelstein ). (emil)
June 22, 1998 Opinion or Order Filing 2943 OPINION & ORDER #80779, this Court finds that the Election Officer's decision to order only a "symbolic" fine was inexplicably contrary to the Election Rules' mandate that prohibited contributions be returned promptly. In order to ensure a fair and honest election and to encourage future vigilance against improper contributions, the Hoffa campaign must be held accountable for the entire improper contribution. Therefore, in addition to the fines already imposed by the Election Officer, the Hoffa Campaign is ordered to pay a fine of $150,908 to the Election Officer. The sum is ordered to be remitted to the Election Officer within 30 days of this decision. The Election Appeals Master's 5/15/98 decision affirming the Election Officer's 4/27/98 decision is hereby affirmed in part and modified in accordance with this Opinion ( Signed by Judge David N. Edelstein ); Copies mailed. (lam) Modified on 06/25/1998
June 22, 1998 Filing 2942 APPLICATION LVI of the Independent Review Board --in the matter of Glenn Boggia and Local 282 ; (copy docketed as per instuction of Chambers) Return date not indicated. (lam)
June 22, 1998 Filing 2941 SUPPLEMENTAL DECLARATION of Bruce C. Bishop, atty for Ron Carey in support [2940-1] motion to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election (lam)
June 22, 1998 Filing 2940 AMENDED NOTICE OF MOTION filed by Ron Carey to stay the 7/13/98 Slate declaration and withdrawal deadline in the Rerun Election . Return date 7/7/98 @10:30. (lam)
June 22, 1998 Filing 2939 Letter filed by Robert A. Culp dated 1/8/98 re seeking guidance concerning the appropriate procedures for seeking review of disciplinary determinations against client Glenn Boggia. (lam)
June 17, 1998 Filing 2938 MEMORANDUM in support by Ron Carey of [2936-1] motion to stay the 7/13/98 Slate Declaration and Withdrawal Deadline in the Rerun Election (lam)
June 17, 1998 Filing 2937 DECLARATION of Reid H. Weingarten, atty for Ron Carey in support of [2936-1] motion to stay the 7/13/98 Slate Declaration and Withdrawal Deadline in the Rerun Election (lam)
June 17, 1998 Filing 2936 NOTICE OF MOTION filed by Ron Carey to stay the 7/13/98 Slate Declaration and Withdrawal Deadline in the Rerun Election . Return date not indicated. (lam)
June 17, 1998 Filing 2935 Letter filed by Barbara Harvey, atty for appellants William J. Carothers and Ken Mee dated 6/12/98 re requesting permission to file a reply to the responses of the US Attorney and Mr. Hoffa to the appeal from the Election Officer's decision to refrain from disqualifying Mr. Hoffa from candidacy. (lam)
June 17, 1998 Filing 2933 REPLY BRIEF in support of Appeal by William Carothers and Ken Mee from decision of the Election Appeals Master in Case #PR-035-EOH, 98 Elec.App.348(KC) re: [2918-1] (lam)
June 16, 1998 Filing 2934 REPLY of the Hoffa Slate to the AUSA's [2932-1] letter [2931-1] letter (lam)
June 12, 1998 Filing 2932 Letter filed by Karen B. Konigsberg, AUSA for United States dated 6/12/98 Re: the Election Appeals Master's decision should be affirmed in part and modified in part. (lam)
June 12, 1998 Filing 2931 Letter filed by Beth E. Goldman, AUSA for United States dated 6/12/98 re: the decision of the Election Appeals Master should be affirmed. (lam)
June 12, 1998 Filing 2930 Letter to Judge Elelstein filed by Steven Baudo dated 6/8/98 re dismay concerning Judge Edelstein's decision to proceed with the Teamster rerun election. (lam)
June 12, 1998 Filing 2929 Filed Memo-Endorsement on letter addressed to Judge Edelstein from Barbara Harvey, dated 6/12/98; granting counsel's request for permission to file a reply to the responses of the U.S. Attorney and Mr. Hoffa to appellants William J. Carothers and Ken Mee's appeal from the Election Officer's decision to refrain from disqualifying Mr. Hoffa from candidacy ( signed by Judge David N. Edelstein ) (emil)
June 11, 1998 Filing 2928 Statement of the Hoffa Slate Re: Appeal of William Carothers and Ken Mee (lam)
June 3, 1998 Filing 2927 Letter filed by Barbara Harvey, atty dated 6/2/98 re the enclosed 3 exhibits taht were appended to the brief filed before Judge Conboy in support of the appeal of Messrs. Carothers and Mee from the Election Officer's decision declining to disqualify Mr. Hoffa from candidacy for the presidency of the Int'l Union; in addition enclosed is the cover page and page 20 of the brief filed on behalf of Richard Leebove to Judge Conboy, appealing the Election Officer's penalties involving Mr. Leebove, because page 20 of his brief is referenced in our brief to this Court. (lam)
June 3, 1998 Filing 2926 Independent Review Board hearing transcript of charges, 4/13/98 with exhibits 1-7, in the matter of Balentine N. Ortense. (lam)
June 3, 1998 Filing 2925 Independent Review Board Investigative Report - 12/16/97 with exhibits 1-19, in the matter of Valentine N. Ortense. (lam)
June 3, 1998 Opinion or Order Filing 2924 Opinion and Decision of the Independent Review Board, the hearing evidence established that Ortense brought reproach upon the IBT and violated the IBT Constitution by knowingly associating with members of Organized Crime. Accordingly, Ortense is permanently barred from holding membership in or any position with the IBT, or any IBT-affiliated entity, in the future. Ortense also may not herafter obtain employment, consulting or other work with the IBT or any IBT-affiliated entity ( so ordered by Judge David N. Edelstein ); Copies mailed (lam)
June 3, 1998 Filing 2923 Application LIX of the Independent Review Board--Opinion of the Independent Review Board in the matter of the hearing of Valentine N. Ortense . Return date not indicated. (lam)
June 3, 1998 Filing 2922 Acknowledgment of receipt of application LIX by Judge Edelstein, USDJ (lam)
June 3, 1998 Filing 2921 Affidavit of service by UPS Next Day Air of the original and 2 copies of Application LIX, the original and 2 copies of the IRB's Opinion and Decision in the matter of Valentine N. Ortense of Local 560 with exhibits, and the original and 2 copies of the Acknowledgment of Receipt to Judge Edelstein on 5/26/98. Also sent by UPS Next Day Air to Grant Crandall, Esq., William H. Webster, Esq., Earl V. Brown, Jr., Esq., Kren Konisberg, AUSA (with exhibits), Charles M. Carberry, Esq., John J. Cronin, Jr., Valentine N. Ortense. (lam)
June 3, 1998 Opinion or Order Filing 2916 ORDER granting Election Officer's [2891-1] Application XVIII for approval of a proposed timetable for the Rerun Election ( signed by Judge David N. Edelstein ); Copies mailed (lam)
June 3, 1998 Opinion or Order Filing 2915 OPINION & ORDER #80685 denying Carey's [2895-1] motion for a declaration that the court intends to grant Mr. Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98; and his request for an evidentiary hearing (Signed by Judge David N. Edelstein ); Copies mailed. (lam)
June 1, 1998 Filing 2920 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 5/27/98 re enclosed copies of 2 letters dated 5/18/98 sent by Mary Jo White to Chairman Peter Hoekstra of the Subcommittee on Oversight and Investigations of the House Committee on Educ. and the Workforce. (lam)
June 1, 1998 Filing 2919 BRIEF in support of [2918-1] Appeal by William Carothers and Ken Mee from decision of the Election Appeals master in case #PR-035-EOH, 98Elec. App.348(KC) (lam)
June 1, 1998 Filing 2918 Notice of Appeal by William Carothers and Ken Mee from decision of the Election Appeals Master in case #PR-035-EOH, 98Elec. App.348(KC) (lam)
June 1, 1998 Filing 2917 REPLY MEMORANDUM filed by Ron Carey in support of [2895-1] motion for a declaration that the court intends to grnat Mr. Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98 (lam)
June 1, 1998 Filing 2913 Copy of Letter to the Independent Review Board from Robert J. Ewanco, Sec.-Treas Local 636, Joseph Yeoman, Pres., Local 331, and Donald Deivert, Pres., Local 764 dated 5/26/98 re requesting an investigation of James P. Hoffa, candidate for General Pres. of the IBT (lam)
May 29, 1998 Filing 2912 Letter with attachements filed by Karen B. Konigsburg, AUSA for the United States dated 5/28/98 re pending motion purs to Rule 60(b) that Ronald Carey submitted to the Court (lam)
May 28, 1998 Filing 2914 MEMORANDUM in support of Appeal of RL Communications, Inc. and Richard Leebove to Decision of Election Appeals Master - 98 Elec. App.348(KC) (lam)
May 22, 1998 Filing 2911 DECLARATION of Andrew W. Schilling, AUSA in connection with the Government's [2910-1] motion response to Carey's [2895-1] motion for a declaration that the court intends to grant Mr. Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98. (lam)
May 22, 1998 Filing 2910 MEMORANDUM IN RESPONSE by United States to Carey's [2895-1] motion for a declaration that the court intends to grant Mr. Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98 (lam)
May 21, 1998 Filing 2909 Copy of Letter to Earl V. Brown, Jr., IBT General Counsel filed by Frederick B. Lacey of LeBoeuf Lamb Greene & MacRae dated 5/19/98 re: the firms April bill for services and expenses rendered by the office in connection with the IRB. (lam)
May 19, 1998 Filing 2908 NOTICE of Change of Law Firm for counsel to the Election Officer: Richard W. Mark, Orrick Herrington & Sutcliffe LLP 666 Fifth Avenue, NY NY 10103 (212) 506-5000 (lam)
May 19, 1998 Filing 2907 Quarterly Report XXII of the Independent Review Board under the Consent Order Article G. "Report to the Court" (lam)
May 19, 1998 Filing 2906 Acknowledgment of Receipt of Quarterly Report XXII of the Independent Review Board by Judge David Edelstein. (lam)
May 19, 1998 Filing 2905 Affidavit of service of 1 original and 2 copies of the IRB's Quarterly Report XXII to Judge Edelstein by UPS Next Day Air on 5/18/98. Also by UPS Next Day Air to Earl V. Brown, Jr., Esq., Karen Konigsberg, AUSA, Charles M. Carberry, Esq., Grant Crandall, Esq., William H. Webster, Esq., John J. Cronin, Jr. (lam)
May 18, 1998 Filing 2904 Decision of the Election Appeals Master, Kenneth Conboy (lam)
May 18, 1998 Filing 2899 Affidavit of service via UPS Next Day Air to Judge Edelstein one original and 2 copies of Application LVIII, the executed original and 2 copies of the Compromise Agreement between the IRB and Peter M. DeFronzo and the original and 2 copies of the Acknowledgment of Receipt on 5/14/98. Copies were also delivered via UPS Next Day Air to: Grant Crandall, Esq., William H. Webster, Esq. John J. Cronin, Jr., Earl V. Brown, Esq., Karen Konigsberg, AUSA, Charles M. Barberry, Esq., Angelo Ruggiero, Esq. (lam)
May 15, 1998 Filing 2903 NOTICE of change of Law Firm to Orrick Herrington & Sutcliff LLP, 666 Fifth Ave., NY NY 10103 (212) 506-5000 by Richard W. Mark counsel to the Election Officer (lam)
May 15, 1998 Opinion or Order Filing 2902 Affidavit and Agreement by Peter M. DeFronzo "to permanently resign my IBT membership and all IBT affiliated positions in order to resolve the charges pending before the IRB described in paragraph 1. This agreement does not constitute an admission of the IRB charges" ; granting [2901-1] application LVIII of the IRB: Compromise Agreement between the IRB and Peter M. DeFronzo ( signed by Judge David N. Edelstein ); Copies mailed (lam)
May 15, 1998 Filing 2901 APPLICATION LVIII of the IRB: Compromise Agreement between the IRB and Peter M. DeFronzo . Return date not indicated. (lam)
May 15, 1998 Filing 2900 Acknowledgment of Receipt of Application LVIII by Judge Edelstein. (lam)
May 14, 1998 Opinion or Order Filing 2898 STIPULATION and ORDER for extension of time, the Government's Response to motion reset to 5:00 5/22/98 for [2895-1] motion for a declaration that the court intends to grant Mr. Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98 ; Carey's Reply to Response to Motion reset to 6/1/98 for [2895-1] motion for a declaration that the court intends to grant Mr. Carey's motion for relief from judgment due to newly discovered evidence, FRCP 60(b)(2) which was previously noticed for 5/20/98 ; Return date reset to 6/2/98 for [2895-1] motion for a declaration that the court intends to grant Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98 ( signed by Judge David N. Edelstein ). (lam)
May 12, 1998 Filing 2897 Report of the Election Officer Michael G. Cherkasky, #15, March 1998 (lam)
May 12, 1998 Filing 2896 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 5/11/98 re the Government's response to Election Officer's Application XVIII (for approval of a proposed timetable for the Rerun Election) (lam)
May 7, 1998 Filing 2895 AMENDED NOTICE OF MOTION by Ron Carey for a declaration that the court intends to grnat Mr. Carey's motion for relief from judgment due to newly discovered evidence, under FRCP 60(b)(2) which was previously noticed for 5/20/98 . Return date 5/27/98 @10:30. (lam)
May 7, 1998 Filing 2893 NOTICE OF APPEAL that Glenn Boggia, to whom the above-referenced application LVI of the Independant Review Board ("IRB") relates ; from ; the annexed April 15, 1998 final Order entering as an Order of the Court the IRB's determination upholding a decision by the International Brotherhood of Teamsters ("IBT"), inter alia, permanently expelling Mr. Boggia from the IBT . Copies of notice of appeal mailed to Attorney(s) of Record: Dennis Milton, Esq. and Andrew W. Schilling. $105.00 Appeal filing fee paid on May 7, 1998 on receipt # E 315259. (dt) Modified on 05/08/1998
May 6, 1998 Filing 2894 Copy of Letter to Earl V. Brown, Jr., IBT General Counsel from Frederick B. Lacey dated 4/28/98 re March bill for services and expenses rendered in the FRC office. (lam)
May 6, 1998 Filing 2892 MEMORANDUM in support of [2891-1] motion Application XVIII for approval of a proposed timetable for the Rerun Election (lam)
May 6, 1998 Filing 2891 NOTICE OF election Officer's Application XVIII for approval of a proposed timetable for the Rerun Election . With declaration attached. Return date 5/15/98. (lam)
May 5, 1998 Filing 2889 DECLARATION of Jeffrey R. Gans, atty for Ron Carey in support of [2887-1] motion for relief from judgment due to newly discovered evidence under FRCP 60(b)(2) (lam)
May 5, 1998 Filing 2888 MEMORANDUM in support of [2887-1] motion for relief from judgment due to newly discovered evidence under FRCP 60(b)(2) (lam)
May 5, 1998 Filing 2887 NOTICE OF MOTION filed by Ron Carey for relief from judgment due to newly discovered evidence under FRCP 60(b)(2) . Return date not indicated. (lam)
May 4, 1998 Filing 2890 Copy of Memorandum from Judge Edelstein to Michael G. Cherkasky, Election Officer dated 4/30/98: "It occurs to me that the wisdom of protocol suggests that you communicate with Honorable Pete Hoekstra, Chairman of the Subcommittee on Oversight and Investigations of the Comm. on Educ. and Workforce of the US House of Representatives, to advise him that this Court is seriously considering withholding a fixed date for the IBT rerun election until he has completed his hearings and filed his report." (lam)
April 28, 1998 Opinion or Order Filing 2886 AMENDED STIPULATION and ORDER Re: retention of record in the District Court; purs to Fed.R.App.P. 11(f), the parties to the appeal docketed as Case #98-6014 in the US Court of Appeals for the Second Circuit agree and stipulate that the record in this case, with the exception of the documents set forth on Schedule A attached hereto, be retained in the District Court unless thereafter the Court of Appeals shall order or any party shall request its transmittal to the Court of Appeals; this Stipulation shall not in any way affect the composition of the record on appeal under Fed.R.App.P. 10(a); this Amended Stipulation and Order shall supersede the Stipulation and Order filed 3/27/98, docket #2856 (entry dated 3/30/98) ( signed by Judge David N. Edelstein ). (lam) Modified on 05/01/1998
April 28, 1998 Filing 2885 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals on April 28, 1998. (dt)
April 27, 1998 Filing 2884 Copy of Letter to Judge Solomon Oliver, USDJ, USDC, ND of Ohio, Eastern Div. from Charles M. Carberry, Chief Investigator, IRB re: Copy of the Chief Investigator's Memorandum in Opposition to [2883-1] motion to enjoin and prohibit sworn examination of deft Terrence Freeman before the Independent Review board (lam)
April 27, 1998 Filing 2883 Copy of NOTICE OF MOTION by deft Terrence Freman to enjoin and prohibit sworn examination of deft before the Independent Review board . Return date not indicated. (lam)
April 27, 1998 Filing 2882 Letter filed by Richard W. Mark, Counsel to the Election Officer dated 4/24/98 re: his imminent move to the law firm of Orrick Herrington & Sutcliff LLP and the fact that he would not perform any work on matters in the labor law field that are directly adverse to either the IBT or any IBT entity. (lam)
April 27, 1998 Filing 2881 Exhibit to doc. #2880 (lam)
April 27, 1998 Filing 2880 Summary of Decision (this summary has abeen prepared by the Office of the Election Officer for the convenience of the parties and the general reader; this summary is not part of their decison and may not be cited before the Election Appeals Master, the District Court, or any other tribunal. (lam)
April 27, 1998 Filing 2879 Letter filed by Michael G. Cherkasky, Election Officer dated 4/27/98 re Gene Moriarty, a member of Local Union 677, filing of a pre-election protest (lam)
April 24, 1998 Filing 2878 Testimony before the Subcommittee on Oversight and Investigation Committee on Education and the Workforce; Witnesses: Robert G. DeRusha, Robert Simpson, Sam Theodus, Joel LeFevre and Frederick W. Smolen. (lam)
April 23, 1998 Filing 2877 Affidavit of service of Application LVII, the Compromise Agreement and the Acknowlegment of Recipt by UPS Next Day Air to Judge Edelstein and on Grant Crandall, William H. Webster, David Neigus, Karen Konigsberg, Charles M. Carberry Susan l. Gragel, Esqs. and John J. Cronin, Jr. (lam)
April 23, 1998 Filing 2876 APPLICATION LVII of the IRB--agreement between the IRB and Nicholas A. Nardi resolving the matter re: charges . Return date not indicated. (lam)
April 23, 1998 Filing 2875 Acknowledgment of Receipt of Application LVII signed by Judge Edelstein. (lam)
April 23, 1998 Filing 2874 AFFIDAVIT AND AGREEMENT regarding resolution of charges brought against Nicholas A. Nardi by the Independent Review Board ( signed by Judge David N. Edelstein ); Copies mailed (lam)
April 22, 1998 Filing 2873 Letter filed by Michael G. Cherkasky, Election Officer dated 4/21/98 re request for testimony from the Special Counsel to the Subcommittee on Oversight and Investigations of the Committee on Education and the Workforce with letter from Pete Hoekstra dated 4/17/98 attached. (lam)
April 22, 1998 Filing 2872 Copy of Letter filed to Earl V. Brown, Generla Counsel, IBT by Karen B. Konigsberg, AUSA for the United States dated 4/21/98 re: "Consistent with KPMG Peat Marwick's ordinary practice regarding firm engagements, the Independent Financial Auditor established purs to the Nov. 1997 Interim Agreement between the US and the IBT is technically KPMG Peat Marwick, rather than Marvin M. Levy individually." (lam)
April 22, 1998 Filing 2871 Letter filed by Frederick B. Lacey, of the IRB dated 3/31/98 re enclosing a copy of the revised letter that the IRB sent to the Hoekstra Committee. (lam)
April 22, 1998 Filing 2870 Copy of Letter to Judge Edelstein filed by Frederick B. Lacey, of the IRB dated 3/13/98 re enclosed copy of the 3/4/98 letter from Congressman Pete Hoekstra, Chairman, Subcommittee on Oversight and Investigations, House Comm. on Education and the Workforce, requesting information on the IRB's investigation activities. (lam)
April 15, 1998 Opinion or Order Filing 2869 ORDER, that the IRB's determination of 12/17/97, finding that the IBT decision of 9/23/97, was not inadequate, is hereby made an Order of this Court ( signed by Judge David N. Edelstein ); Copies mailed (lam)
April 13, 1998 Filing 2867 Copy of MEMORANDUM in support of [2857-1] motion denying Application LVI of the IRB to "so order" the IRB's Affirmance of the expulsion of Mr. Boggia by the IBT and restoring Mr. Boggia to full membership in the IBT (docketed as per Chambers) (lam)
April 13, 1998 Filing 2866 Letter to Judge Edelstein filed by Andrew W. Schilling, AUSA for the United States dated 4/8/98 re the Government's support of Application LVI of the IRB concerning disciplinary action taken against Glenn Boggia a former member of Local 282 of the IBT. (lam)
April 13, 1998 Filing 2865 Copy of Letter to John J. Cronin, Jr. of the IRB from Charles g. Slepian filed dated 4/7/98 re: writing to seek a formal appeal of the penalty imposed by the IBT on Ronald Forino formerly a member of Local 282. (lam)
April 9, 1998 Opinion or Order Filing 2864 NOTICE OF APPEAL by Lawrence Bastian, Robert Weisenburger ; from ; any and all aspects of a preliminary injunction ordered on June 16, 1997 by Judge Edelstein in the United States District Court, Southern Distritct of New York, enjoining the litigation of two actions brought by Bastian and Weisenburger in the United States District Court for Minnesota (97CV 1289 and 97 CV 1101), and ordering the transfer of said actions to the United States District Court, Southern District of New York. Said injunction order was docketed on February 10, 1998 . Copies of notice of appeal mailed to Attorney(s) of Record: James L. Lindsey, Richard M. Seltzer, Thomas N. Ciantraand James Philbin. $105.00 Appeal filing fee paid on April 9, 1998 on receipt # E 312974. (dt)
April 8, 1998 Filing 2863 MEMORANDUM in support of of Application LVI of the Independent Review Board - in the matter of Glenn Boggia and Local 282 (application/motion not filed) (lam)
April 8, 1998 Filing 2862 Letter filed by US Dept of Justice for the United States dated 4/8/98 re in support of Application LVI of the IRB concerning disciplinary action taken against Glenn Boggia a former member of Local 282 of the IBT and in opposition to Boggia's motion dated 2/25/98 to deny the IRB's application. (lam)
April 6, 1998 Filing 2868 True Copy of Order from the USCA RE: A motion having been filed herin by appellant, through counsel, for remand and reinstatement, upon consideration thereof, it is Ordered that said motion be and it hereby is denied as premature, without prejudice to its being refiled after appellant has filed a Rule 60(b) motion. (98-6014), George Lange, III, Clerk, U.S.C.A. (dt)
April 3, 1998 Filing 2861 Copy of Letter to Mark J. Hulkower from Kenneth Conboy dated 11/26/98 re in response to the letter of 11/25/98 in which he requested "transcripts or memoranda from all witness interviews" conducted as part of my investigation. (lam)
April 3, 1998 Filing 2860 Copy of Letter to Judge Kenneth Conboy filed by Reid H. Weingarten and Mark J. Hulkower dated 11/25/97 re Judge Conboy's 11/17/97 11/17/97 decision as Election Officer disqualifying Mr. Carey. (lam)
March 31, 1998 Filing 2859 Copy of Letter to Earl V. Brown, Counsel to the IBT filed by John J. Cronin, Jr. Administrator of the Independent Review Board dated 3/26/98 re itemized statements of expenses of the Chief Investigator's Office totaling $50,588.48 submitted for payment by the IBT. (lam)
March 27, 1998 Opinion or Order Filing 2856 STIPULATION and ORDER Re: Retention of Record in the District Court; purs to Fed.R.App.P. 11(f), the parties to the appeal docketed as Case #98-6014 in the US Court of Appeals for the Second Circuit agree and stipulate that the record in the above captioned case, with the exception of the documents set forth on Schedule A attached hereto, shall be retained in the DC unless thereafter the Court of Appeals shall order or any party shall request its transmittal to the Court of Appeals. This Stipulation shall not in any way affect the composition of the record on appeal under Fed.R. App. P. 10(a) ( signed by Judge David N. Edelstein ). (lam)
March 27, 1998 Filing 2855 Letter to Judge Edelstein filed by Frederick B. Lacey, of the Independent Review Board dated 3/25/98 Re: "The IRB received 2 letters from Representative Hoekstra's Comm. which is apparently conducting an investigation into EBT matters. We enclose herewith copies of the Hoekstra Committe letters and the IRB's response. (lam)
March 26, 1998 Filing 2858 MEMORANDUM in support of [2857-1] motion denying Application LVI of the IRB to "so order" the IRB's Affirmance of the expulsion of Mr. Boggia by the IBT and restoring Mr. Boggia to full membership in the IBT, [2857-2] motion remanding for a full and fair hearing before the IRB (lam)
March 26, 1998 Filing 2857 APPLICATION by Glenn Boggia and Local 282 denying Application LVI of the IRB to "so order" the IRB's Affirmance of the expulsion of Mr. Boggia by the IBT and restoring Mr. Boggia to full membership in the IBT , or, alternatively; remanding for a full and fair hearing before the IRB . With affidavit attached. Return date 4/15/98 @10:30. (lam)
March 26, 1998 Filing 2852 Letter filed to Judge Edelstein by United States of Ame dated 1/15/98 re hearing on disciplinary charges as to Ronald Carey (cd)
March 26, 1998 Filing 2851 Letter filed by United States of Ame dated 1/15/98 re hearing on disciplinary charges against William Hamilton (cd)
March 24, 1998 Opinion or Order Filing 2850 MEMORANDUM AND ORDER; granting in part, [2834-1] motion for approval of a proposed timetable for the Rerun Election and limited amendments to the Rerun Election Plan; that the proposed amendments to the election rules for the Rerun Election are adopted as amended in this opinion; that all subordinate entities of the International Brotherhood of Teamsters, incl. all locals and joint councils, are bound by these election rules, effective immediately; that these rules shall be enforceable upon pain of contempt ; ( signed by Judge David N. Edelstein ); copies mailed (ls)
March 23, 1998 Filing 2854 Letter to Judge Edelstein from Charles Carberry filed, dated 3/19/98 re itemized expenses incurred by the Investigations Officer as disbursements (cd)
March 23, 1998 Filing 2853 Letter to Judge Edelstein from Frederick Lacey filed, dated 3/13/98 re 3/4/98 letter from Congressman Pete Hoekstra (cd)
March 17, 1998 Filing 2844 Transcript of record of proceedings filed for dates of 1/16/97 @2:15 before Judge Edelstein. (lam)
March 16, 1998 Filing 2849 DECLARATION of Lary Yud, Chief of the "DOE", Dept. of Labor re: current and past policies and practices of the Dept. with regard to union officer elections. (lam)
March 16, 1998 Filing 2848 Letter filed by Karen B. Konigsberg, AUSA United States dated 3/16/98 re policy the Dept. of Labor has in response to Election Officer Application XVII (for approval of a proposed timetable for the Rerun Election and Limited Amendments to the Rerun Election Plan, and the Slate of James P. Hoffa which raised the issue of the term of office of the winning candidates in the rerun election (declaration provided by the Dept. of Labor is attached and will be the next document added to the docket). (lam)
March 16, 1998 Filing 2847 Acknowledgment of Receipt of Application LVI by Chambers (lam)
March 16, 1998 Filing 2846 Affidavit of service of one executed original and 2 copies of Application LVI in the matter of Glenn Boggia and Local 282 with exhibits; one original and 2 copies of a proposed form of Order; and one original and 2 copies of the Acknowledgment of Receipt to Judge David N. Edelstein by UPS Next Day Air on 3/9/98. Also sent by UPS Next Day Air to Grant Cradall, Esq., William H. Webster, Esq. Earl V. Brown, Jr., Esq., Karen Konisbrg, AUSA, Charles M. Carberry, Esq., John J. Cronin, Jr., Larry Singer, NLRB Supervisor, Susan Davis, Esq., Robert A. Culp, Esq. (lam)
March 9, 1998 Filing 2845 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 3/6/98 re Government's response to Election Officer Application XVII. (lam)
March 9, 1998 Filing 2843 Reply declaration of Michael G. Cherkasky, Election Officer in further support of [2834-1] motion for approval of a proposed timetable for the Rerun Election and limited amendments to the Rerun Election Plan (lam)
March 9, 1998 Filing 2842 REPLY MEMORANDUM in support of the Election Officer's [2834-1] application XVII for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan (lam)
March 4, 1998 Filing 2841 Letter to Karen B. Konigsberg, AUSA and Earl V. Brown, General Counsel IBT filed by Richard W. Mark, Counsel to the Election Officer dated 2/26/98 re the Election Officer's Application XVII states that "answering affidavits or memoranda if any should be served, by hand or by telecopier, not later than 3/13." The chambers of Judge Elelstein, however, has requested that I remind counsel that filing with the Court or delivery of courtesy copies may not be accomplished by telecopier. Accordingly, please be advised that transmission by telecopier is only appropriate for service on counsel. (lam)
March 4, 1998 Filing 2840 Letter filed by Richard W. Mark, Counsel to the Election Officer dated 2/25/98 re the copy of the Declaration of Michael G. Cherkasky in Support of Election Officer's Application XVII filed yesterday had a facsimile signature page. The declaration bearing Mr. Cherkasky's original signature was filed today. (lam)
March 3, 1998 Filing 2839 Statement of the hoffa Slate Re: Election Officer's [2834-1] application XVII for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan (lam)
March 3, 1998 Filing 2838 MEMORANDUM IN RESPONSE by Teamsters for a Democratic Union to Election Officer's [2834-1] application VII for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan (lam)
March 3, 1998 Filing 2837 RESPONSE by United States to Election Officer's [2834-1] application #VII for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan (lam)
February 25, 1998 Filing 2836 DECLARATION in support of Election Officer's [2834-1] motion for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan (lam)
February 24, 1998 Filing 2835 MEMORANDUM in support of [2834-1] Election Officer's Application XVII for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan (lam)
February 24, 1998 Filing 2834 APPLICATION XVII filed by the Election Officer for approval of a proposed timetable for the Rerun Election and limited amendments to teh Rerun Election Plan . With declaration attached. Return date 3/6/98 on submission. (lam)
February 19, 1998 Filing 2833 Attestation of Philip Perry: during the period of my personal disqualification from the matter or any matter involving the appointment of Kenneth Conboy as Election Appeals Master or Special Election Officer, I will not participate in any manner in the matter or representation, will not discuss the matter or representation with any partner, associate, or of counsel lawyer, and will not share in any fees for the matter or the representation. (lam)
February 10, 1998 Filing 2831 Attestation of Kenneth Conboy (lam)
February 10, 1998 Opinion or Order Filing 2830 MEMORANDUM & ORDER granting Election Officer's [2824-1] application XVI to continue suspension of the timetable for the Rerun Election; the Election Officer will report back to this Court not later than 14 days from the date of this Order ( signed by Judge David N. Edelstein ); Copies mailed (lam)
February 10, 1998 Filing 2829 Transcript of record of proceedings filed for dates of 6/16/97 @2:15 before Judge Edelstein. (lam)
February 10, 1998 Filing 2828 Transcript of record of proceedings filed for dates of 12/12/97 @11:10am before Judge Edelstein. (lam)
February 10, 1998 Filing 2827 Supplemental volume of the Chief Investigator's hearing exhibits for the Independent Review Board's January 20 and 21, 1998 hearing regarding charges against Ronald Carey and William W. Hamilton, Jr. (lam)
February 6, 1998 Filing 2826 MEMORANDUM in support of Election Officer's Application XVI [2824-1] to continue suspension of the timetable for the Rerun Election. (lam)
February 6, 1998 Filing 2825 DECLARATION of Election Officer Michael G. Cherkasky in support of Application XVI [2824-1] to continue suspension of the timetable for the Rerun Election. (lam)
February 6, 1998 Filing 2824 NOTICE OF APPLICATION XVI by the Election Officer to continue suspension of the timetable for the Rerun Election. Return date 2/9/98 on submission. (lam)
February 6, 1998 Filing 2823 Quarterly Report XXI of the Independent Review Board under the Consent Order Article G. "Report to the Court" (lam)
February 6, 1998 Filing 2822 Acknowledgment of Receipt of Quarterly Report XXI of the Independent Review Board (lam)
January 23, 1998 Filing 2821 Report of the Election Officer: #14, December 1997 (lam)
January 22, 1998 Filing 2832 Remark by Cashier's Office on a copy of order signed 1/22/98 (page 2) on 1/22/98 the following transaction was made: Received check #462457 in the amount of $100,000 payable to Office of the Election Officer; sent by FedEx on 1/23/98 to Michael Cherkasky, Office of the Election Officer, 444 N. Capital St. NW, Wash DC 20001. (lam)
January 21, 1998 Opinion or Order Filing 2820 ORDER, that the Clerk of the Court hereby withdraw $100,000 from the Account and tender such $100.000 to the Office of the Election Officer for the IBT International Union Delegate and Officer Election by check payable to the Office of the Election Officer at: Office of the Election Officer c/o Election Officer Michael G. Cherkasky, 444 N. Capitol Street, NW, Suite 445, Washington, DC 20001 (signed by Judge David N. Edelstein ); Copies mailed. Sent to Cashier's Office on 1/23/98. (lam) Modified on 01/23/1998
January 20, 1998 Opinion or Order Filing 2819 ORDER denying Hamilton's [2812-1] motion authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in connection with the hearing before the Independent Review Board scheduled for 1/20-21, 1998 ( signed by Judge David Edelstein ); Copies mailed (lam)
January 20, 1998 Opinion or Order Filing 2818 ORDER denying Ron Carey's [2815-1] motion for expedited review of a motion for an order authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in furtherance of defense ( signed by Judge David N. Edelstein) Copies mailed (lam)
January 16, 1998 Opinion or Order Filing 2811 STIPULATION to retain record in the District Court: purs to Fed. R. App. P. 11(f), counsel for the parties to the appeal docketed as case #97-6324 in the US Court of Appeals for the Second Circuit agree and stipulate that the record in the above captioned case shall be retained in the district court unless the Court of Appeals shall order or any party shall request the transmittal of any part of the record. This stipulation shall not in any way affect the composition of the record on appeal ( signed by Judge David N. Edelstein ). (lam)
January 16, 1998 Filing 2809 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals on January 16, 1998. (dt)
January 15, 1998 Filing 2814 DECLARATION of G. Robert Gage, Jr., atty for William Hamilton, the former director of gov. affairs of the IBT in support of his [2812-1] motion authorizing the issuance of 2 witness subpoenas and one subpoena duces in connection with the hearing before the Independent Board scheduled for 1/20-21, 1998 (lam)
January 15, 1998 Filing 2813 MEMORANDUM in support of [2812-1] motion authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in connection with the hearing before the Independent Review Board scheduled for 1/20-21, 1998 (lam)
January 15, 1998 Filing 2812 NOTICE OF MOTION and application by William Hamilton authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in connection with the hearing before the Independent Review Board scheduled for 1/20-21, 1998 . Return date 1/16/98 (lam)
January 15, 1998 Opinion or Order Filing 2808 ORDER denying [2800-1] motion for stay pending appeal of 12/18/97 Order regarding funding of the Rerun Election (signed by Judge David N. Edelstein ); Copies mailed (lam)
January 14, 1998 Filing 2817 MEMORANDUM in support of Mr. Carey's [2815-1] motion/application for expedited review of a motion for an order authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in furtherance of his defense (lam)
January 14, 1998 Filing 2816 DECLARATION of Mark J. Hulkower, counsel for Ron Carey in support of [2815-1] motion for expedited review of a motion for an order authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in furtherance of his defense (lam)
January 14, 1998 Filing 2815 NOTICE OF MOTION/APPLICATION by Ron Carey for expedited review of a motion for an order authorizing the issuance of 2 witness subpoenas and one subpoena duces tecum in furtherance of his defense . Return date 1/16/98. (lam)
January 14, 1998 Filing 2810 NOTICE OF APPEAL ; from [2797-2] order . Copies of notice of appeal mailed to Attorney(s) of Record: Office of the Election Officer, Jim Hoffa, Earl Brown, Jeraldine Cheaten, Robert H. Spearman, Bradley T. Raymond, James P. Hoffa, Kenneth Conboy, Leroy Ellis, US Attys Office.Fee Pd. $105.00, rec # 306053 . (as)
January 9, 1998 Filing 2807 MEMORANDUM of Election Officer in opposition to the IBT [2800-1] motion for stay pending appeal of 12/18/97 Order regarding funding of the Rerun Election (lam)
January 9, 1998 Filing 2806 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 1/9/98 re in response to the IBT's application for stay pending appeal of 12/18/97 Order regarding funding of the Rerun Election. (lam)
January 9, 1998 Filing 2805 Transcript of record of proceedings before Judge Edelstein filed for dates of June 16, 1997 (jp)
January 7, 1998 Opinion or Order Filing 2803 ORDER granting [2798-1] motion to continue suspension of the timetable for the Rerun Election; the Election Officer will report back to this Court not later than 30 days from the date of this Order whether he will require additional time to continue his investigation into the allegations against the Hoffa slate ( signed by Judge David N. Edelstein ); Copies mailed (lam)
January 6, 1998 Filing 2804 Statement of the Hoffa Slate Re: Election Officer's Application XV (filed in the night deposit box on 1/6/98 @6:42pm) (lam)
January 6, 1998 Filing 2802 MEMORANDUM by Int'l Bro. of Teamst in support of [2800-1] motion for stay pending appeal of 12/18/97 Order regarding funding of the Rerun Election (lam)
January 6, 1998 Filing 2801 DECLARATION in support by Lisa a. Cahill, atty for Int'l Bro. of Teamst Re: [2800-1] motion for stay pending appeal of 12/18/97 Order regarding funding of the Rerun Election (lam)
January 6, 1998 Filing 2800 NOTICE OF APPLICATION by Int'l Bro. of Teamst for stay pending appeal of 12/18/97 Order regarding funding of the Rerun Election . Return date 1/14/98 (lam)
January 5, 1998 Filing 2799 MEMORANDUM in support of [2798-1] motion to continue suspension of the timetable for the Rerun Election (lam)
January 5, 1998 Filing 2798 ELECTION OFFICER'S APPLICATION XV to continue suspension of the timetable for the Rerun Election . With declaration attached. Return date 1/7/98. (lam)
December 31, 1997 Opinion or Order Filing 2797 OPINION & ORDER #79853, the remedy of disqualification imposed by the Election Officer in this case is both proportionate to the misconduct at issue, and appropriate to help ameliorate the harm caused by this misconduct. The Election Officer's choice of remedy was not arbitrary nor capricious and thus is affirmed without modification (Signed by Judge David N. Edelstein ); Copies mailed. (lam) Modified on 01/07/1998
December 30, 1997 Filing 2795 Copy of Letter to Earl V. Brown, Jr., IBT General Counsel filed by Frederick B. Lacey of LeBoeuf Lamb Green & MacRae dated 12/19/97 re November bill for services and expenses rendered in connection with the Independent Review Board. (lam)
December 24, 1997 Opinion or Order Filing 2796 ORDER, that the Clerk of the Court hereby withdraw $200,000 from the Account and tender such $200,000 to the Office of the Election Officer for the IBT International Union Delegate and Election Officer by check payable to the Office of the Election Officer at: Office of the Election Officer, c/o Election Officer Michael G. Cherkasky, 444 N. Capitol Street, NW, Suite 445, Washington, D.C. 20001 (signed by Judge David N. Edelstein ); Copies mailed (lam)
December 23, 1997 Remark by Cashiers Office on doc.#2796 (page 2), on 12/23/97 the following transaction was made: Received Check #460477 in the amount of $200,000 payable to the Office of the Election Officer, mailed by Federal Express Airbill # 9555252114 12/24/97. (lam)
December 23, 1997 Filing 2794 NOTICE OF APPEAL by Int'l Bro. of Teamst ; from ; the Order requiring IBT to pay for the rerun of the 1996 IBT elections, entered in this action on the 18th day of December, 1997. . Copies of notice of appeal mailed to Attorney(s) of Record: Karen B. Konigsberg, Esq., Michael G. Cherkasky, Esq. and Richard W. Mark, Esq. $105.00 Appeal filing fee paid on December 23, 1997 on receipt # E 304525. (dt) Modified on 12/23/1997
December 23, 1997 Filing 2793 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 12/19/97 re copies of the three volumes of of exhibits to the Independent Review Board's Report recommending charges against Ronald Carey and the one volume of exhibits to the IRB's Report recommending charges against William W. Hamilton, Jr. (lam)
December 19, 1997 Filing 2792 Independent Review Board's Supplemental Report to the Five-Year Report (1992-1997) to David N. Edelstein, USDJ. (lam)
December 19, 1997 Filing 2791 Acknowledgment of Receipt of the Supplemental Report to the Independent Review Board Five-Year Report. (lam)
December 18, 1997 Opinion or Order Filing 2790 OPINION & ORDER #79794, in order to prevent interference with the Consent Decree's mandate of a fair, free, democratic and informed IBT election, and to ensure that the Consent Decree's goals are fulfilled, the funding for the rerun election must come from the IBT, to the extent that other sources, (such as the escrow acct established for the payment of restitution monies, and any other funds that may subsequently become available), are not sufficient to pay the costs of Election officer supervision ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
December 18, 1997 Filing 2789 Letter filed by Karen B. Konigsberg, AUSA for the United States dated 12/18/97 re review of the appeal of Ronald Carey from the decision of Election Officer Kenneth Conboy, dated 11/17/97. (lam)
December 18, 1997 Filing 2788 Letter filed by Beth E. Goldman, AUSA for the United States dated 12/18/98 re review of the appeal of the of the Hoffa Slate from the decision of Election Officer Kenneth Conboy, dated 11/17/97. (lam)
December 17, 1997 Filing 2787 Reply of Ron Carey from the 11/17/97 decision of the Election Officer. (lam)
December 16, 1997 Filing 2786 SUPPLEMENTAL MEMORANDUM by Int'l Bro. of Teamst in response to Election Officer [2755-1] application # XIII for an Order securing funding for the rerun election (lam)
December 12, 1997 Filing 2785 REPLY MEMORANDUM in support of [2755-1] application XIII for an Order securing funding for the rerun election (lam)
December 12, 1997 Filing 2784 MEMORANDUM of the Ron Carey No Corruption-No Dues Increase Slate in response to the Appeal of the Hoffa Slate. (lam)
December 12, 1997 Filing 2783 Election Officer's Statement regarding the Appeal of Ronald Carey from the 11/17/97 decision of the Election Officer. (lam)
December 12, 1997 Filing 2782 Letter filed by Michael Cherkasky, Election Officer, IBT dated 10/10/97 re: additional item regarding potential conflicts re 12/2/97 letter. (lam)
December 12, 1997 Filing 2781 Letter filed by Charles G. Slepian, atty for Ronald Foino, a member of Local 282, IBT for 22 yrs., dated 12/1/97 re: supension from the local by Pres. Carey. (lam)
December 11, 1997 Opinion or Order Filing 2780 STIPULATION and ORDER for extension of time, the Government's time to file its response to the Carey Appeal and the Hoffa Appeal is extended to 12/18/97 @5:00pm (signed by Judge David N. Edelstein ). (lam)
December 11, 1997 Opinion or Order Filing 2779 ORDER granting [2772-1] motion (request for order permitting Election Officer to issue subpoenas ( signed by Judge David N. Edelstein ); Copies mailed (lam)
December 10, 1997 Filing 2778 DECLARATION in support by Karen B. Konigsberg, AUSA for United States [2777-1] motion response to Election Officer Application XIII for an order securing funding for the Rerun Election. (lam)
December 10, 1997 Filing 2777 RESPONSE by United States to Election Officer Application #XIII [2755-1] for an Order securing funding for the rerun election (lam)
December 10, 1997 Filing 2776 DECLARATION in support by Lisa A. Cahill, atty for Int'l Bro. of Teamst of [2775-1] opposition memorandum (lam)
December 10, 1997 Filing 2775 MEMORANDUM by Int'l Bro. of Teamst in response to Election Officer Application #XIII [2755-1] for an Order securing funding for the rerun election (lam)
December 10, 1997 Filing 2774 DECLARATION of Michael G. Cherkasky, Election Officer in support of [2772-1] motion (request for order permitting Election Officer to issue subpoenas (lam)
December 10, 1997 Filing 2773 MEMORANDUM in support of [2772-1] motion (request for order permitting Election Officer to issue subpoenas (lam)
December 10, 1997 Filing 2772 NOTICE OF APPLICATION # XIV (request for order permitting Election Officer to issue subpoenas . Return date not indicated. (lam)
December 10, 1997 Filing 2771 Decision of the Election Appeals Master; this matter is an appeal from the Interim Election Officer's decision dated 19/31/97 in Election Office Case #PR-017-IBT-EOH. (lam)
December 10, 1997 Filing 2770 Decision of the Election Appeals Master; this matter is an appeal of the determination by the Election Officer dated 9/5/97 (Elec. App. 329) (lam)
December 10, 1997 Filing 2769 Decision of the Election Appeals Master; this matter is an appeal from the Interim Election Officer's letter dated 10/29/97 (Elec. App 328) (lam)
December 10, 1997 Filing 2768 Decision of the Election Appeals Master; this matter is an appeal from the Interim Election Officer's letter dated 10/28/97 (Elec. app. 327). (lam)
December 10, 1997 Filing 2767 Decision of the Election Appeals Master; this matter is an appeal from the Interim Election Officer's decision dated 10/24/97 in Election Office Case #PR-007-LU490-PNW. (lam)
December 10, 1997 Filing 2766 Decision of the Election Appeals Master; this matter is an appeal from the Election Officer's decision dated 10/15/97, in Election Office Case #PR-002-IBT-EOH and PR-004-IBT-EOH. (lam)
December 10, 1997 Filing 2765 Decision of the Election Appeals Master; this matter is an appeal from the Interim Election Officer's decision dated 10/22/97, in Election Office Case #PR-011-LU337-EOH. (lam)
December 10, 1997 Filing 2764 Decision of the Election Appeals Master; this matter is an appeal from the Interim Election Officer's decision dated 10/30/97, in Election Office Case In Re: Theodore h. Kheel. (lam)
December 8, 1997 Filing 2763 Statement of John P. Morris, Int'l VP for the Eastern Region of the IBT in opposition to [2753-1] Appeal of the Hoffa Slate from the decision of Election Officer Kenneth Conboy in Post-27-EOH et al (lam)
December 5, 1997 Opinion or Order Filing 2762 STIPULATION and ORDER for extension of time for the filing of responses to the Application of the Election Officer for an Order Securing Funding for the Rerun Election; the IBT and the United States will file responses to the Application of the Election Officer on 12/10/97, and the Election Officer will file any reply to the responses of the IBT and the United States on 12/12/97 ( signed by Judge David N. Edelstein ). (lam)
December 4, 1997 Filing 2761 Quarterly Report XX of the Independent Review Board under the Consent Order Article G. "Report to the Court" (lam)
December 4, 1997 Filing 2760 Acknowledgment of receipt of Quarterly Report XX of the Independent Review Board (signed by Judge David Edelstein) (lam)
December 3, 1997 Filing 2759 NOTICE of Ron Carey's Appeal from the Decision of Election Officer Kenneth Conby in Post-27-EOH et al. (lam)
December 2, 1997 Filing 2758 Appeal of Ron Carey from the 11/17/97 Decision of Kenneth Conboy, the Election Officer. (lam)
December 2, 1997 Filing 2757 DECLARATION of Benetta M. Mansfield, Interim Election Officer in support of [2755-1] Application # XIII, for an Order securing funding for the rerun election (lam)
December 2, 1997 Filing 2756 MEMORANDUM in support of [2755-1] Application # XIII for an Order securing funding for the rerun election (lam)
December 2, 1997 Filing 2755 APPLICATION # XIII by Benetta M. Mansfield, the Interim Election Officer for an Order securing funding for the rerun election . Return date 12/8/97. (lam)
December 2, 1997 Opinion or Order Filing 2752 ORDER, that the Clerk of the Court hereby withdraw $125,000 from the Account and tender such $125,000 to the Office of the Election Officer for the IBT International Union Delegate and Officer Election by check payable to the Office of the Election Officer at: Office of the Election Officer, c/o Election Officer Michael G. Cherkasky, 444 N. Capitol Street, NW, Suite 445, Washington, DC 20001 (signed by Judge David N. Edelstein ); Copies mailed (orig doc. sent to Cashiers on 12/3/97) (lam)
December 2, 1997 Opinion or Order Filing 2751 ORDER, I, Michael G. Cherkasky, do solemnly swear that I will faithfully and impartially discharge all duties and responsibilities incumbent upon me as Election Officer, according to the best of my ability and understanding, and in accordance with applicable law; so help me God. Michael G. Cherkasky ( signed by Judge David N. Edelstein ); Copies mailed (lam)
December 2, 1997 Opinion or Order Filing 2750 ORDER of Appointment of Michael G. Cherkasky as Election Officer by appointment of USDJ David N. Edelstein ( signed by Judge David N. Edelstein ); Copies mailed (lam)
December 2, 1997 Filing 2749 Letter filed b y Michael Cherkasky dated 12/2/97 re being considered for appointment as Election Officer purs to the 3/14/89 Consent Decree (as amended); providing information about any potential conflict. (lam)
December 2, 1997 Filing 2748 Letter filed by Michael G. Cherkasky dated 12/2/97 re advising the Court that in connection with his appointment as the Election Officer purs to the 3/14/89 Consent Decree (as amended), he has engaged Richard W. Mark, of Donovan Leisure Newton & Irvine, LLP, to serve as General Counsel to the Election Officer. (lam)
December 1, 1997 Filing 2754 Statement in support of Appeal of the Hoffa Slate from the Decision of Election Officer Kenneth Conboy in Post-27-EOH et al. (lam)
December 1, 1997 Filing 2753 Notice of Appeal of the Hoffa Slate from the Decision of Election Officer Kenneth Conboy in Post-27-EOH et al. (lam)
November 26, 1997 Filing 2747 Letter filed by Frederick B. Lacey of the Independent Review Board dated 11/25/97 re: enclosed is a copy of a report submitted today to the IBT General Executive Board recommending that Mr. Carey be charged in accordance with this report. Also enclosed is a copy of Mr. Carey's 11/25/97, signed agreement to take a leave of absence from his position of General Pres of the IBT. (lam)
November 25, 1997 Filing 2746 Letter filed by Karen B. Konigsberg, AUSA for United States of America dated 11/24/97 re advising the Court that the US and the IBT have entered into the enclosed Interim Agreement, in which the IBT agrees to the immediate retention of an Independent Financial Auditor selected by the US, with authority over the financial transactions of the IBT. (lam)
November 25, 1997 Opinion or Order Filing 2745 AMENDED ORDER, that the Clerk of the Court hereby withdraw $150,000 from the Account and tender such $150,000 to the Office of the Election Officer for the IBT Int'l Union Delegate and Officer Election by check payable to the Office of the Election Officer at: Office of the Election Officer, c/o Interim Election Officer Benetta Mansfield, 444 N. Capitol St., N.W., Suite 445, Washington, D.C. 20001 ( signed by Judge David N. Edelstein ); Copies mailed (sent orig doc. to the Cashier's Office on 11/28/97) (Remark by Cashier's Office on pg. 3 of this document that on 11/26/97 the following transaction were made: Check No. 458303 in the amount of $150,000 payable to Office of the Election Officer. (lam) Modified on 12/03/1997
November 21, 1997 Opinion or Order Filing 2744 MEMORANDUM & ORDER granting [2741-1] motion for temporary suspension of the timetable for the Rerun Election for 45 days ( signed by Judge N. Edelstein ); Copies mailed (lam) Modified on 11/24/1997
November 21, 1997 Filing 2743 MEMORANDUM by Benetta M. Mansfield, Interim Election Officer in support of [2741-1] Application # XII for temporary suspension of the timetable for the Rerun Election approved by the Court on 10/20/97. (lam)
November 21, 1997 Filing 2742 DECLARATION of Benetta M. Mansfield, Interim Election Officer in support of [2741-1] application # XII, for temporary suspension of the timetable for the Rerun Election approved by the Court on 10/20/97. (lam)
November 21, 1997 Filing 2741 APPLICATION XII by Election Officer Benetta M. Mansfield for temporary suspension of the timetable for the Rerun Election . Return date 11/20/97. (lam)
November 20, 1997 Filing 2740 FAXED MEMORANDUM in support of Interim Election Officer's [2738-1] Applciation XII for temporary suspension of the timetable for the Rerun Election approved by the Court on 10/20/97 (lam)
November 20, 1997 Filing 2739 FAXED DECLARATION of Benetta M. Mansfield, Interim Election Officer in support of [2738-1] Application # XII for temporary suspension of the timetable for the Rerun Election approved by the Court on 10/20/97 (lam) Modified on 11/21/1997
November 20, 1997 Filing 2738 FAXED APPLICATION XII by Benetta M. Mansfield, the Interim Election Officer for temporary suspension of the timetable for the Rerun Election approved by the Court on 10/20/97 . Return date 11/20/97. (lam)
November 20, 1997 Opinion or Order Filing 2737 ORDER, that Carey's appeal will be addressed to the Honorable David N. Edelstein, USDJ, SDNY; the following schedule must be adhered to scrupulously: Appeal papers must be filed by 5:00pm, on 12/2/97; Response papers must be filed by 5:00, on 12/12/97 ( signed by Judge David N. Edelstein ); Copies mailed (lam)
November 20, 1997 Filing 2736 Faxed Letter filed by Reid H. Weingarten, atty for Ron Carey dated 11/19/97 re: Judge Conboy's decision of 11/17/97 disqualifying Mr. Carey from running for reelection. "We have serious disagreements with the decision and respectfully request the opportunity to be heard before this Court with an oral presentation." (lam)
November 19, 1997 Opinion or Order Filing 2735 ORDER, that the Clerk of the Court hereby withdraw $265,000 from the Account and tender such $265,000 to the Office of the Election Officer for the IBT Int'l Union Delegate and Officer Election by check payable to the Office of the Election Officer at: Office of the Election Officer, c/o Interim Election Officer Benetta Mansfield, 444 N. Capitol Street, N.W., Suite 445, Washington, D.C. 20001 ( signed by Judge David N. Edelstein ); Copies mailed (sent original doc. to Cashiers on 11/19/97) (lam)
November 18, 1997 Filing 2734 Decision of Kenneth Conboy, the Election Appeals Master (lam)
November 18, 1997 Filing 2733 Decision of Kenneth Conboy, Election Officer. (lam) Modified on 11/19/1997
November 14, 1997 Opinion or Order Filing 2732 OPINION & ORDER #79616, the Election Appeals Master's decision is affirmed ( Signed by Judge David N. Edelstein) Copies mailed. (lam)
November 13, 1997 Filing 2731 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: on November 13, 1997. (dt)
November 13, 1997 Opinion or Order Filing 2730 STIPULATION and ORDER, pursuant to FRAP 11(f), counsel for the parties to this appeal that the record in the above captioned case, with the exception of the documents set forth on Schedule A attached hereto, shall be retained in the district court unless thereafter the court of appeals shall order or any party shall request their transmittal. The record thus designated shall nevertheless be part of the record on appeal for all purposes. ( signed by Judge David N. Edelstein ). (rag)
November 12, 1997 Filing 2729 Letter filed by Beth E. Goldman, AUSA, atty for United States dated 5/28/97 re in support of the IRB'S Application XXX concerning Gene Giacumbo and in opposition to Giacumbo's objections to the IRB's opinion and decision. (lam)
November 10, 1997 Filing 2728 Letter filed by United States of America dated 7/3/97 re in support of the Independent Review Board's Application L concerning Gene Giacumbo, affirming the IRB's 5/15/97 decision permanently barring Giacumbo from the IBT. (lam)
November 10, 1997 Filing 2727 Letter filed by Celia A. Zahner, Special Counsel, Independent Review Board, Office of the Chief Investigator dated 6/24/97 re based upon the foregoing, and upon the Chief Investigator's prior submissions to the Court in this matter, we respectfully request that the IRB's decision on Application L be affirmed in all respects. (lam)
November 10, 1997 Filing 2726 Letter filed Frederick H. Cohn, atty for Gene Giacumbo, the respondent in the Application of The Independent Review Board "I respectfully rely on the earlier submissions regarding the disproportionality of the sanctions imposed" dated 6/13/97. (lam)
November 10, 1997 Filing 2725 Transcript of record of proceedings filed for dates of 9/17/97 @11:00 before the Hon. Kenneth Conboy, Election Appeals Master. (lam)
November 7, 1997 Filing 2724 Independent Review Board's Five-Year Report (1992-1997) (ls)
November 5, 1997 Filing 2722 (copy of) REPORT OF THE ELECTIN OFFICER NO. 13, SEPTEMBER, 1997; (docket as per Ctrm. Deputy on 11/4/97) (ls)
November 4, 1997 Filing 2720 Letter filed to Judge Edelstein from Kenneth Conboy dated 11/3/97 re the decision of the Election Appeals Master should be affirmed (ls)
November 4, 1997 Filing 2719 Letter filed to Judge Edelstein from Karen B. Konigsberg dated 11/3/97 re the Election Appeals Master's decision should therefore be affirmed (ls)
November 3, 1997 Filing 2721 Statement of the Hoffa Slate Re: Appeal of John Morris, 97, Elec. App. 322 (KC) (ls)
November 3, 1997 Filing 2718 Letter filed to Judge Edelstein from Richard M. Seltzer for deft. Int'l Bro. of Teamst dated 10/30/97 re I enclose a copy of the bond issd. in connection w/ the preliminary injunction issd. by the Court yesturday; the orig. of the bond will not be able to be fld. until tomorrow morning, although the bond has been issd.; (docket & file as per chmbrs.) (ls)
October 31, 1997 Filing 2723 BOND; $50,000; #SUN320722; entered by Int'l Bro. of Teamst (ls)
October 31, 1997 Filing 2717 fld receipt of $25,000 to the Office of the Election Officer, on copy of 10/20/97 order (cd)
October 29, 1997 Opinion or Order Filing 2716 ORDER granting [2700-1] motion for preliminary injunction, enjoining all parties from litigating the action Corinne A. Lippa-v-IBT, AFL-CIO AND RON CAREY #97CV6472T USDC, WDNY in any court or forum other than this Court; security in the amount of $50,000 shall be posted by 10/29/97 by 5pm; defts shall respond to pltff's complaint in this case within 5 business days of receiving official notice that the case has been received and docketed in the SDNY; the deft shall keep in touch with the Clerk's Office less any glitch occur ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 29, 1997 Filing 2715 Faxed Letter filed Joseph S. Damelio, atty for Corinne A. Lippa dated 10/28/97 re Corrine A. Lippa will not be submitting responding papers to IBT's Order to Show Cause since they do not oppose the case being litigated in the USDC for the SDNY. (lam)
October 28, 1997 Opinion or Order Filing 2714 MEMORANDUM AND ORDER, the TRO issued by this Court on 10/22/97, which by its terms would expire on 11/5/97, is extended to 11/19/97 ; responsive papers from Corinne Lippa's atty regarding the Order to Show Cause issued by this Court on 10/22/97, are due by 5:00pm on 10/29/97; reply papers from attys for the IBT are due by 5:00 on 10/31/97 ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 28, 1997 Filing 2713 Fax Copy of Letter filed by Joseph S. Damelio dated 10/28/97 re to consent, agree, and stipulate, to the extension of the TRO signed and entered on 10/22/97; it is further stipulated that the TRO shall be extended to 11/19/97. (lam)
October 27, 1997 Filing 2712 Fax Copy of Letter filed by Joseph S. Damelio, atty for Corinne Lippa in a law suit in State Court in NY (Corinne Lippa v. IBT, AFL CIO and Ron Carey) dated 10/27/97 re the Notice of Removal from NY State Supreme Court to the USDC for the WDNY and a TRO & Order to Show Cause in the SDNY; requesting an adjournment of this matter for submission of papers so that Ms. Lippa may retain local counsel. (lam)
October 27, 1997 Opinion or Order Filing 2711 ORDER granting [2710-1] motion to permit Kenneth Conboy, Election Officer to issue any necessary subpoenas in furtherance of his investigation into whether Ronald Carey should be disqualified from the rerun election of the IBT (signed by Judge David N. Edelstein ); Copies mailed (lam)
October 27, 1997 Filing 2710 APPLICATION NO. II to permit Kenneth Conboy, Election Officer to issue any necessary subpoenas in furtherance of his investigation . With declaration attached. Return date not indicated. (lam)
October 24, 1997 Filing 2706 NOTICE OF APPEAL TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK by Int'l Bro. of Teamst ; from ; the Decision of the Election Appeals Master in the above-captioned matter, per the Honorable Kenneth Coboy, dated October 10, 1997, affirming in pertinent part of the Decision of the Election Office for the International Brotherhood of Teamsters, per Election Officer Barbara Zack Quindel, dated August 21, 1997. This appeal is filed in accordance with and pursuant to the procedures set forth by the Order of This Court, per the Honorable David N. Edelstein, dated March 22, 1996. . Copies of notice of appeal mailed to Attorney(s) of Record: Benetta Mansfiel, Esq., Earl Brown, Susan Davis, Esq., Stanley Berman, Esq., John Murphy, Richard Volpe,Bradley T. Raymond, Esq.,Reid H> Weingarten, A.U.S.A., Ron Carey, Patrick J. Szymanski, Esq.James P. Hoffa., Robert H. Spearman., Jerry, Halberg, Gene Moriarty, Jeraldine Cheatern, Leroy Ellis, Jr.,. Ben Rosenberg, Esq., Phil Inglima, Esq., I. William Codhina, Esq., Stephen Ryan, Esq., Paul Enzinna, Esq., Mark MacDougall, Esq., Robert Gage, Esq., David Schertler, Esq., Thomas N. Sobel, Esq., Marc J. Gottridge, Esq., Peter T. Sheridan, Esq., Elliot Lobel, Esq., Seymour Glanzer, Esq., Bob Thomas, Esq., Timothy Broas, Esq., Walt De Treux, Esq., and Christopher Mead, Esq. $105.00 Appeal filing feepaid on receipt # E 300106 on October 24, 1997. (dt) Modified on 11/05/1997
October 23, 1997 Opinion or Order Filing 2709 Memorandum and ORDER, that Dominick Fusco's appeal of the decision of General President Ron Carey is Denied. ( signed by Judge David N. Edelstein); Copies mailed (djc)
October 23, 1997 Opinion or Order Filing 2708 MEMORANDUM & ORDER, that Dominick Fusco's appeal of the decision of General President Ron Carey is denied (signed by Judge David N. Edelstein ); Copies mailed (lam)
October 23, 1997 Filing 2707 BOND $ 50,000 # SUN320721 entered by Int'l Bro. of Teamst (Hartford fird Ins. Co.) (lam)
October 23, 1997 Opinion or Order Filing 2704 Memorandum and ORDER, that Dominick Fusco's appeal of the decision of General President Ron Carey is Denied ( signed by Judge David N. Edelstein) Copies mailed (djc)
October 23, 1997 Opinion or Order Filing 2703 ORDER, that the Clerk of the Court hereby withdraw $320,000 from the Account and tender such $320,000 to the Office of the Election Officer for the IBT International Union Delegate and Officer Election by check payable to the Office of the Election Officer at: Office of the Election Officer c/o Interim Election Officer Benetta Mansfield, 444 N. Capitol Street, N.W., Suite 445, Washington, D.C. 20001 ( signed by Judge David N. Edelstein ); Copies mailed (orig doc. sent to Cashier's Office on 10/24/97) (lam)
October 22, 1997 Filing 2705 BOND $ 50,000 # SUN320717 entered by Int'l Bro. of Teamst (Hartford Fire Ins. Co.) (lam)
October 22, 1997 Filing 2702 MANDATE OF USCA (certified copy) Re: [2490-1] appeal . It is hereby ordered that the judgment be and it hereby is affirmed. (96-6196) George Lange, III, Clerk, USCA. (as)
October 22, 1997 Opinion or Order Filing 2701 ORDER, that the Election Officer's Application to this Court is granted. The Election Officer is authorized to issue subpoenas in furtherance of his investigation into whether Ronald Carey should be disqualified from the rerun election ( signed by Judge David N. Edelstein ); Copies mailed (With attached application and declaration of Kenneth Conboy, Election Officer) (lam)
October 22, 1997 Opinion or Order Filing 2700 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Int'l Bro. of Teamst; Show Cause Hearing set for 10/27/97 for preliminary injunction; security in the amount of $50,000 shall be posted by 10/22/97 by 5pm ( signed by Judge David N. Edelstein ); Copies mailed. (orig doc sent to cashier's office on 10/23/97) (lam)
October 20, 1997 Opinion or Order Filing 2699 ORDER, that the Clerk of the Court hereby deposit the $25,000, paid by Jere Nash in restitution to help defray some of the costs of the rerun election for the IBT, into the Account maintained by the Clerk; the Clerk of Court is to withdraw $25,000 from the Account and tender such $25,000 to the Office of the Election Officer for the IBT International Union Delegate and Officer Election by check payable to the Office of the Election Officer at: Office of the Election Officer, c/o Interim Election Officer Benetta Mansfield, 444 N. Capitol Stree, N.W., Suite 445, Washington, D.C. 20001 ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 20, 1997 Opinion or Order Filing 2698 MEMORANDUM & ORDER granting Interim Election Officer's [2697-1] motion for an extension of the timetable for the Rerun Election Plan; The following deadlines shall govern the IBT Rerun Election: 11/21/97: Declaration of candidacy of previously nominated candidates; 12/5/97: Supplemental nomination ballots sent to delegates; 12/19/97: Nominating ballots to be returned and tallied; 12/30/97: New Slate declarations due and withdrawals; 1/16/98: Notice of Election posted at work sites and published in magazine, ballots printed, hiatus on Union publications begins; 2/16/98: Mailing of Rerun ballots to IBT members; 3/17/98: Return of ballots and begin Rerun count ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 20, 1997 Filing 2697 APPLICATION XI by the Election Officer Benetta M. Mansfield for an extension of the timetable for the Rerun Election Plan . With declarations and memorandum of law attached. Return date 10/20/97. (lam)
October 15, 1997 Opinion or Order Filing 2696 MEMORANDUM & ORDER, Application LV of the Independent Review Board regarding the charges and sanctions imposed against Peter Menechino, Sr. is granted ( signed by Judge David N. Edelstein ); Copies mailed (lam)
October 15, 1997 Opinion or Order Filing 2695 OPINION & ORDER #79459 granting IBT's [2671-1] motion for preliminary injunction; Local Union 918 of the IBT and its officers, employees, agents, attys, or other representatives are enjoined from behavior listed in this order; the IBT is ordered to post security in the amount of $50,000 ( Signed by Judge David N. Edelstein ); Copies mailed. (orig doc. sent to Cashiers Office on 10/15/97) (lam) Modified on 10/15/1997
October 14, 1997 Filing 2694 Transcript of record of proceedings filed for dates of 10/1/97 @2:00 before Judge Edelstein. (lam)
October 10, 1997 Filing 2693 Affidavit of service of the Application LV, IRB's Opinion and Decision in the matter of Peter Menechino, Sr. and the Acknowledgment of Receipt (all originals and with copies) to Judge Edelstein by UPS Next Day Air on 10/9/97. (lam)
October 10, 1997 Filing 2692 Opinion and Decision of the Independent Review Board (lam)
October 10, 1997 Filing 2691 Application LV of the Independent Review Board--Opinion of the Independent Review Board in the matter of the hearing of Peter Menechino, Sr. (lam)
October 10, 1997 Filing 2690 Acknowledgment of Receipt of Application LV signed by Judge Edelstein (lam)
October 9, 1997 Filing 2689 REPLY MEMORANDUM by Int'l Bro. of Teamst and Trustee Eugene P. Maney in support of [2671-1] motion for preliminary injunction to enforce emergency Trusteeship. With affidavits attached. (lam) Modified on 10/10/1997
October 9, 1997 Filing 2688 Letter filed by Beth E. Goldman, AUSA for the United States dated 10/9/97 re in response to papers submitted to the Court by Local 918 of the IBT in opposition to the IBT's motion for preliminary injunction and application for a TRO. (lam)
October 9, 1997 Filing 2687 Letter filed by Benetta M. Mansfield, Interim Election Officer dated 10/8/97 re serious funding crises (lam)
October 8, 1997 Filing 2686 Letter filed by Beth E. Goldman, AUSA for the United States dated 10/8/97 re in response to the letter to the Court dated 10/1/97 from the Hoffa Slate requesting a pre-motion conference to intervene in the Consent Decree. (lam)
October 8, 1997 Filing 2685 Letter filed by Beth E. Goldman, AUSA for the United States dated 10/7/97 re in response to letter from the the Hoffa campaign to the Court dated 9/30/97 in which they object to the appt of Benetta Mansfield as interim Election Officer. (lam)
October 8, 1997 Filing 2684 Letter filed by Richard M. Seltzer, local counsel to the Int'l Bro. of Teamst dated 9/15/97 re enclosing a copy of an 8/29/97 memorandum decision of Judge Hood fo the USDC for the ED of Michigan transferring the case of Nancy DeLong V. IVT, et al #96CV73524 to the SDNY. (lam)
October 7, 1997 Filing 2683 AFFIDAVIT of Roy Barnes, atty Re: examination of the report of the Independent Review Board and the trusteeship recommendation concerning Teamsters Local 918. (lam)
October 7, 1997 Filing 2682 AFFIDAVIT of Barry S. Slevin, atty for Teamsters Local 918 Pension Fund; and Welfare Fund. (lam)
October 7, 1997 Filing 2681 AFFIDAVIT in opposition of Daniel Lombardozzi, Pres. of Local 918 Re: IBT's [2670-1] motion for temporary restraining order (lam)
October 7, 1997 Filing 2680 MEMORANDUM in opposition to [2670-1] motion for temporary restraining order (lam)
October 6, 1997 Filing 2679 DECLARATION of James L. Linsey, atty for the Int'l Bhd of Team. Re: Volume III of the Exhibits to the 9/16/97 Independent Review Board Investigative Report on Local Union 918. (lam)
October 6, 1997 Filing 2678 DECLARATION of James L. Linsey, atty for the Int'l Bhd of Team. Re: Volume II of the Exhibits to the 9/16/97 Independent Review Board Investigative Report on Local Union 918. (lam)
October 6, 1997 Filing 2677 DECLARATION of James L. Linsey , atty for the Int'l Bhd of Team. Re: Volume I of the Exhibits to the 9/16/97 Independent Review Board Investigative Report of Local Union 918. (lam)
October 6, 1997 Filing 2676 BOND $ 50,000 # SUN319198 entered by Int'l Bro. of Teamst and Eugene P. Maney re TRO (Hartford Fire Ins. Co.) (lam)
October 6, 1997 Filing 2675 Letter to Judge Edelstein filed by Barbara Zack Quindel dated 10/3/97 re with copy of the written request for testimony before the Subcommittee on Oversight and Investigations of the Comm. on Education and the Workforce. This written request corresponds to the telephone call received on 9/30 and referred to in the letter to you of that date (enclosure) (lam)
October 3, 1997 Opinion or Order Filing 2670 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Int'l Bro. of Teamst; Show Cause Hearing set for 2:30 10/7/97, for a preliminary injunction purs to Rule 65 of the FRCP signed by Judge David N. Edelstein ); Copies mailed. (lam)
October 3, 1997 Filing 2674 DECLARATION in support of fJames L. Linsey, atty for Int'l Bro. of Teamst re: [2671-1] motion for preliminary injunction (filed in night deposit on 10/3/97 @11:19pm) (lam)
October 3, 1997 Filing 2673 DECLARATION in support of Eugene P. Maney, Trustee of Locals of the Int'l Bro. of Teamst re: [2671-1] motion for preliminary injunction (filed in night deposit on 10/3/97 @11:19pm) (lam) Modified on 10/07/1997
October 3, 1997 Filing 2672 MEMORANDUM by Int'l Bro. of Teamst and Eugene P. Maney in support of [2671-1] motion for preliminary injunction (filed in night deposit on 10/3/97 @11:19pm) (lam)
October 3, 1997 Filing 2671 NOTICE OF MOTION by Int'l Bro. of Teamst for preliminary injunction , and application for temporary restraining order . Return date 10/3/97. (filed in night deposit on 10/3/97 @11:19pm) (lam) Modified on 10/07/1997
October 3, 1997 Filing 2669 Letter filed by Franklin K. Moss, and Patrick J. Szymanski, attys for the Hoffa State dated 10/1/97 re requesting a pre-motion conference concerning a motion to intervene in the Consent Decree for the purpose of securing the right to notice and an opportunity to be heard on (a) any matter involving the 1996 IBT Officers Election and its rerun and (b) any amendment of the Consent Decree. (lam)
October 1, 1997 Filing 2668 Copy of Letter to Barbara Zack Quindel, Election Officer for the IBT from Harris Fawell, Chairman Subcommittee on Employer and Employee Relations, Committee on Education and the Workforce (US House of Representatives) dated 9/17/97 re: requesting that she provide responses and exhibits by 9/30/97 relating to the 1996 election of the IBT (this letter was sent on 9/30/97 with letter doc.#2667 from Barbara Zack Quindel. (lam)
October 1, 1997 Filing 2667 Letter filed by Barbara Zack Quindel, Election Officer for the Int'l Bro. of Teamst dated 9/30/97 re two requests received from a Congressional Committee. (lam)
October 1, 1997 Filing 2666 Letter filed by Barbara Zack Quindel, Election Officer for the Int'l Bro. of Teamst dated 9/30/97 re the transmition by courier of the computer chips and an electronic version of the computer code used by the electronic counting devices for the count of ballots in the 1996 IBT International Officer election. These materials are submitted to be placed in escrow with the Court. (lam)
October 1, 1997 Filing 2665 Letter filed by Franklin K. Moss and Patrick J. Szymanski, attys for the Hoffa Campaign dated 9/30/97 re objecting to the US Attorney's recommendation appointing Benetta Mansfield as "interim Election Officr" for an indefinite period "until a new Election Officer is appointed by the Court" (lam)
October 1, 1997 Filing 2664 Copy of Letter to Earl v. Brown, Jr., IBT General Counsel from Frederick B. Lacey, filed by dated 9/29/97 re the August/September bill for services and expenses rendered by the Law Firm of LeBoeuf Lamb Greene & MacRae. (lam)
October 1, 1997 Opinion or Order Filing 2663 ORDER, "I, Benetta Mansfield, do solemnly swear that I will faithfully and impartially discharge all duties and responsibilities incumbent upon me as the interim Election Officer, according to the best of my ability and understanding, and in accordance with applicable law; so help me God" ( signed Benetta M. Mansfield, and by Judge David N. Edelstein ); Copies mailed (lam)
October 1, 1997 Opinion or Order Filing 2662 ORDER of appointment of Benetta M. Mansfield as interim Election Officer by appointment of USDJ David N. Edelstein (signed by Judge David N. Edelstein, and Benetta M. Mansfield) Copies mailed (lam)
October 1, 1997 Opinion or Order Filing 2661 ORDER, "I, Kenneth Conboy, do solemnly swear that I will faithfully and impartially discharge all duties and responsibilities incumbent upon me as Election Officer for the sole purpose of investigating and deciding the issue of disqualification of Ronald Carey from the rerun election, according to the best of my ability and understanding, and in accordance with applicable law; so help me God" (signed Kenneth Conboy and by Judge David N. Edelstein ); Copies mailed (lam)
October 1, 1997 Opinion or Order Filing 2660 ORDER of appointment of Kenneth Conboy as Election Officer for the sole purpose of investigating and deciding the issue of disqualification of Ronald Carey from the rerun election by appointment of USDJ David N. Edelstein (signed by Judge David N. Edelstein, and Kenneth Conboy ); Copies mailed (lam)
September 30, 1997 Opinion or Order Filing 2659 ORDER, that Application LIV of the Independent Review Board regarding the charges and sanctions imposed on Joseph LoDolce is granted ( signed by Judge David N. Edelstein ) Copies mailed (lam)
September 30, 1997 Opinion or Order Filing 2658 ORDER, that Benetta M. Mansfield is designated as the interim Election Officer for the period from 10/1/97, until a new Election Officer is appointed by the Court; she shall perform all duties of the Election Officer other than those set forth in the order of the Court dated 9/29/97 ( signed by Judge David N. Edelstein ); Copies mailed (lam)
September 30, 1997 Filing 2657 SEALED DOCUMENT placed in vault (sp)
September 30, 1997 Filing 2656 Letter filed by Beth E. Goldman, AUSA for the United States of America dated 9/30/97, accompanying a proposed order for the Court's review and approval designating Benetta M. Mansfield as the interim Election Officer for the period from 10/1/97, until a new Election Officer is appointed by the Court. (lam)
September 29, 1997 Opinion or Order Filing 2655 MEMORANDUM AND ORDER granting Election Officer Application X RE: [2618-1] motion for approval of proposed rerun election plan; the proposed election rules for the Rerun Election are adopted as amended in this opinion; it is further ordered that all subordinate entities of the IBT, including all locals and joint councils, are hereby bound by these election rules, effective immediately; these rules shall be enforceable upon pain of contempt ( signed by Judge David N. Edelstein ); Copies mailed (lam)
September 29, 1997 Opinion or Order Filing 2654 ORDER, that Kenneth Conboy is designated as the Election Officer for the sole purpose of investigating and deciding the issue of the disqualification of Ronald Carey from the rerun election; Any appeal of Mr. Conboy's decision on disqualification may be made directly to this Court and then to the United States Court of Appeals for the Second Circuit; Mr. Conboy shall continue as Election Appeals Master for all other purposes ( signed by Judge David N. Edelstein ); Copies mailed (lam)
September 29, 1997 Filing 2653 Letter sent to Franklin K. Moss from Judge David N. Edelstein dated 9/29/97, acknowleging receipt of the 9/26/97 letter on 9/29/97 @12:00 and advising that the Order designating Judge Kenneth Conboy as Election Officer for a limited purpose was filed at approximately 10:30am on 9/29/97. (lam)
September 29, 1997 Filing 2652 Letter filed by Franklin K. Moss, local counsel to the Hoffa campaign dated 9/26/97, re: an enclosed copy of the letter which Patrick J. Szymanski, counsel to the Hoffa Campaign faxed to the US Attorney's Office on 9/26/97 in reference to the rerun election. (lam)
September 26, 1997 Filing 2651 Letter filed by Jane E. Booth, Chief, Civil Division, Office of the US Attorney dated 9/26/97 re the government submits a proposed order for the Court's review and approval. The proposed order designates Kenneth Conboy, the court-appointed Election Appeals Master, as Election Officer for the sole purpose of investigating and deciding the issue of the disqualification of Ronald Carey from the rerun election. (lam)
September 25, 1997 Filing 2650 Copy of Letter to Kenneth Conboy, Election Appeals Master filed by Barbara Zack Quindel, Election Officer dated 9/19/97 Re: fines levied in the Election Officer's Decision on 8/21/97 and the escrow account established with the Clerk of Courts to defray the cost of the rerun election, Judge Edelstein signed an Order establishing this acct on 9/12/97. (lam)
September 24, 1997 Filing 2649 Letter filed by Barbara Zack Quindel, Election Officer dated 9/23/97 re her decision to recuse herself on a pending matter (orig letter sent by UPS overnight mail) (lam)
September 24, 1997 Filing 2647 Letter filed from Barbara Zack Quindel, Election Officer dated 9/23/97 re decision to recuse herself on a pending matter (via fax with permission of the Court, original letter to arrive by UPS overnight mail for docketing) (lam) Modified on 09/24/1997
September 23, 1997 Filing 2648 REPLY MEMORANDUM in support of Election Officer Application X Re: [2618-1] motion for approval of proposed rerun election plan. (lam)
September 22, 1997 Filing 2646 Copy of Letter to Ron Carey, Pres. IBT filed by Charles M. Carberry, atty for Int'l Bro. of Teamst dated 9/18/97 re: enclosing itemized statements of fees and expenses incurred by the Investigations Officer as disbursements through Jones Day Reavis & Pogue, submitted for payment by the IBT; the statements reflect unpaid fees and expenses for 6/1/97 through 8/31/97 in connection with Teamster issues relating to Sublease and renewal of lease. (lam)
September 22, 1997 Filing 2645 Affidavit of service of the Application LIV, IRB's Opinion and Decision with exhibits and acknowlegement of receipt (originals and copies) by UPS Next Day Mail on 9/19/97 to Judge Edelstein, and a copy of Application LIV by UPS Next Day Service to Grant Crandall, Esq., William H. Webster, Esq., Earl V. Brown, Jr., Esq., Karen Konisber, AUSA, Charles M. Carberry, Esq., John J. Cronin, Jr., Joseph LoDolce. (lam)
September 22, 1997 Filing 2644 Independent Review Board Investigative Report - in the matter of Joseph LoDolce dated 3/19/97 (in 2 volumes, exhibit 1 and exhibits 2-16) and dated 6/4/97 (with exhibits 1-6, 1 volume) (lam)
September 22, 1997 Filing 2643 Opinion and Decision of the Independent Review Board (lam)
September 22, 1997 Filing 2642 Application LIV of the Independent Review Board--Opinion of the Independent Review Board in the matter of the Hearing of Joseph LoDolce. (lam)
September 22, 1997 Filing 2641 Acknowlegement of receipt of Application LIV signed by Judge Edelstein. (lam)
September 19, 1997 Filing 2640 Bill of costs taxed in the amount of $604.19 in favor of the appellee, United States of America attached. (97-6092) George Lange, III, Clerk, USCA. (as)
September 19, 1997 Filing 2638 Letter filed by Judith R. Schneider, atty for the Association for Union Democracy ("AUD") dated 9/18/97 re submitting this letter in lieu of a motion for leave to file a response to Application X as amicus curiae. (lam)
September 18, 1997 Filing 2637 Filed Memo-Endorsement on letter from Barbara Zack Quindel, Election Officer dated 9/18/97, for a short continuance until 9/23/97, in which to file a reply memorandum in Election Officer's Application X (for Approval of Proposed Election Rerun Plan) ( signed by Judge David N. Edelstein) (lam)
September 17, 1997 Filing 2639 MANDATE OF USCA (certified copy) Re: [2620-1] appeal. It is now hereby ordered, adjudged, and decreed that the judgment of said district court be and it hereby is affirmed. (97-6092) George Lange, III, Clerk, USCA. (as)
September 17, 1997 Filing 2636 Letter filed by Jeraldine Cheatem, Recording Secretary, Local 743 dated 9/10/97 re opposition to a part of the Rerun Election Plan that Ms. Quindel has sent to Court for approval. (lam)
September 15, 1997 Filing 2635 Copy of Letter to Kenneth Conboy, Election Appeals Master from Barbara Zack Quindel, Election Officer filed dated 9/11/97 re requesting a continuance, of the hearing for the several appeals, until 9/17/97 in order for her to personally argue the appeal. (lam)
September 12, 1997 Filing 2634 MEMORANDUM in response/support of the Ron Carey No Corruption-No Dues Increase Slate re: the Election Officer's Application X [2618-1] motion for approval of proposed rerun election plan. (lam)
September 12, 1997 Filing 2633 RESPONSE by United States of America to Election Officer's application No. X Re: [2618-1] motion for approval of proposed rerun election plan. (lam)
September 12, 1997 Filing 2632 MEMORANDUM by the Hoffa Capmpaign in support of [2627-1] motion for Patrick J. Szymanski to appear pro hac vice. (lam)
September 12, 1997 Filing 2631 DECLARATION in support of Eric R. Greene, atty for the Hoffa Campaign of [2627-1] motion for Patrick J. Szymanski to appear pro hac vice. (lam)
September 12, 1997 Filing 2630 DECLARATION in support of Patrick J. Szymanski of [2629-1] statement of the Hoffa Slate Re: Election Officer Application X. (lam)
September 12, 1997 Filing 2629 Statement of the Hoffa slate Re: Election Officer Application X. (lam)
September 12, 1997 Filing 2628 DECLARATION in support of Patrick J. Szymanski [2627-1] motion for Patrick J. Szymanski to appear pro hac vice for the James P. Hoffa, Jr. Campaign. With Certificates attached. (lam) Modified on 09/16/1997
September 12, 1997 Filing 2627 NOTICE OF MOTION filed by the James P. Hoffa, Jr. Campaign for Patrick J. Szymanski to appear pro hac vice . Return date 9/19/97 @9:30. (lam)
September 12, 1997 Opinion or Order Filing 2626 ORDER, that the Clerk of the Court shall establish an interest-bearing acct and that payment of any funds tendered purs to or in accord with this Order shall be deposited by the Clerk of the Court into the Acct to be used to defray the costs of a rerun election, and that the Clerk of the Court shall maintain the Acct until such further order of this Court ( signed by Judge David N. Edelstein ); Copies mailed. (orig doc. sent to Cashier's on 9/15/97 mailed (lam)
September 11, 1997 Filing 2625 MEMORANDUM by Int'l Bro. of Teamst regarding Election Officer's application X re: [2618-1] motion for approval of proposed rerun election plan (lam)
September 11, 1997 Filing 2623 Letter filed by Franklin K. Moss and Patrick J. Szymanski, attys for the Hoffa Campaign dated 9/10/97 re requesting that the Hoffa Campaign be allowed to participate in the selection of a successor to Election Officer Quindel. (lam)
September 10, 1997 Filing 2624 Copy of Letter to Mr. Moss & Mr. Szymanski, attys for the Hoffa Campaign from Judge Edelstein dated 9/10/97 re: receipt of their letter dated 9/10/97 (doc.#2623) (lam)
September 4, 1997 Filing 2622 Letter filed by Joseph R. Moderow, Sr. VP and General Counsel for UPS dated 9/2/97 re protesting the Election Officer's delay in invalidating tyhe election of Teamster President Ron Carey. (lam)
September 4, 1997 Filing 2621 Letter filed by Barbara Zack Quindel, Election Officer dated 9/3/97 re informing the Court of her intention to resign as Election Officer after a plan for conducting the rerun election has been put in place. (lam)
August 26, 1997 Filing 2620 NOTICE OF APPEAL by Gene Giacumbo, a respondent in the above named case ; from [2611-1] order that this Court finds that Application L of the Independent Review Board regarding the proper level of sanctions to be imposed on Gene Giacumbo is granted; (motion not filed), [2611-2] relief . Copies of notice of appeal mailed to Attorney(s) of Record: Christine Chung and Charles CArberry. $105.00 appeal filing fee paid on receipt # E 295721 on August 26, 1997. (dt) Modified on 08/26/1997
August 25, 1997 Filing 2619 MEMORANDUM in support of Election Officer's [2618-1] motion for approval of proposed rerun election plan (lam)
August 25, 1997 Filing 2618 NOTICE OF MOTION/APPLICATION X filed by Election Officer Barbara Zack Quindel for approval of proposed rerun election plan . With declaration and Rerun Election plan attached. Return date 9/19/97 (lam)
August 15, 1997 Filing 2617 Quarterly Report XIX of the Independent Review Board under the Consent Order Article G. "Report to the Court" (lam)
August 15, 1997 Filing 2616 Acknowledgment of Receipt of Quarterly Report XIX of the Independent Review Board ( signed by Judge David N. Edelstein ); Copies mailed (lam)
August 12, 1997 Filing 2615 Letter filed Frederick B. Lacey for the Independent Reviedw Board dated 8/11/97 re: IRB's position with regard to payment to Robert Simpson for reimbursement for expenses incurred but not paid before sanction was imposed and for accrued vacation. (lam)
August 6, 1997 Filing 2614 Report of the Election Officer #12, June 1997 filed by Barbara Zack Quindel. (lam)
August 4, 1997 Filing 2613 Copy of Letter to Karen B. Konigsberg, AUSA by Patrick J. Szymanski dated 7/31/97 re writing on behalf of the Hoffa Slate concerning matters raised by the Election Officer's 6/6/97 letter to the Court. (lam)
July 31, 1997 Filing 2612 Copy of Letter to the Independent Review Board dated 7/17/97 from Jennifer A. Meyer, Law Clerk to Judge Edelstein re: forwarding a letter addressed to Chambers regarding Application XXI of the IRB (Simpson) (lam)
July 28, 1997 Opinion or Order Filing 2611 ORDER, that this Court finds that Application L of the Independent Review Board regarding the proper level of sanctions to be imposed on Gene Giacumbo is granted; (motion not filed) ( signed by Judge David N. Edelstein ) Copies mailed (lam)
July 21, 1997 Filing 2610 Copy of Letter to Joseph A. Barker, Acting Regional Director, Nat'l Labor Relations Board - Region 7 filed by Martha Walfoort, Atty for Int'l Bro. of Teamst dated 7/11/97 re enclosing IBT's Answer to the Board's Complaint and Notice of Hearing and the Motion to Dismiss Complaint "The IBT respectfully submits that questions concerning the Board's Jurisdiction, application of preclusion doctrines and deferral policy are sufficiently compelling to warrant full briefing and, if appropriate, referral to the Division of Advice before this case is allowed to proceed." (lam)
July 15, 1997 Filing 2609 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [2490-1] appeal (as)
July 15, 1997 Filing 2608 NOTICE OF MOTION by Int'l Bro. of Teamsters to dismiss complaint . Return date not indicated. (lam)
July 15, 1997 Filing 2607 ANSWER to Complaint by Int'l Bro. of Teamsters (Attorney Martha Walfoort) (lam)
July 9, 1997 Filing 2606 Application LIII of the Independent Review Board-- Agreement Between the Independent Review Board and Joseph T. Stauffer. (kg)
July 8, 1997 Opinion or Order Filing 2605 AFFIDAVIT of Joseph T. Stauffer and AGREEMENT, to permanently resign my IBT membership and all IBT affilataed positions in order to resolve the planned IRB charges. This agreement does not constitute an admission of the planned IRB charges (signed by Judge David N. Edelstein); Copies mailed. (kg)
July 8, 1997 Opinion or Order Filing 2604 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION LIII (ORDER), this Court hereby acknowledges that Application LIII of the Independent Review Board for the IBT has been received by this Court, and that this Court has caused to be filed the original documents concerning Application LIII of the IRB with the Clerk of the Court of the SDNY (signed by Judge David N. Edelstein); Copies mailed. (kg)
July 1, 1997 Filing 2603 BOND $50,000 #SUN319192 entered by Int'l Brotherhood of Teamsters. (Preliminary Injunction) (kg)
June 16, 1997 Filing 2602 DECLARATION of David A. Singer, atty for Lawrence Bastian and Robert Weisenburger (lam)
June 16, 1997 Filing 2601 AFFIDAVIT of Lawrence Bastian (lam)
June 16, 1997 Filing 2600 AFFIDAVIT of by Robert Weisenburger (lam)
June 16, 1997 Filing 2599 RESPONSIVE MEMORANDUM of Lawrence Bastian, Robert Weisenburger (lam)
June 16, 1997 Filing 2598 AFFIDAVIT of David A. Singer, atty for Lawrence Bastian, Robert Weisenburger (lam)
June 16, 1997 Filing 2597 AFFIRMATION of Thomas McKenna, local counsel for Lawrence Bastian, Robert Weisenburger in support of [2596-1] motion for David A. Singer to appear pro hac vice (lam)
June 16, 1997 Filing 2596 NOTICE OF MOTION by Lawrence Bastian, Robert Weisenburger for David A. Singer to appear pro hac vice . Return date 6/16/97 @2:00. (lam)
June 13, 1997 Filing 2595 Acknowlegement of Receipt of Application LI (attached to doc. #2594) ( signed by Judge David N. Edelstein ); Copies mailed (lam)
June 13, 1997 Filing 2589 Letter to Judge Edelstein filed by Barbara Zack Quindel, Election Officer for the Int'l Bro. of Teamsters dated 6/6/97 regaring 2 matters involving her role as Election Officer in certain post-election protests. (lam)
June 12, 1997 Filing 2588 BOND $ 50,000 # SUN319187 entered by Int'l Bro. of Teamsters, as a condition for a TRO restraining and enjoining Lawrence Bastian and David Weisenburger. (lam)
June 11, 1997 Opinion or Order Filing 2594 Affidavit and agreement of Anthony Garbarino to permanently resign his Int'l Brotherhood of Teamsters (IBT) membership and all IBT affiliated positions in order to resolve the planned IRB charges. This agreement does not constitute an admission of the charges. From the effective date forward, I agree never to hold membership in the IBT etc. I understand that, if this agreement is approved by the USDC for the SDNY, it will be entered as a Court Order. ( signed by Judge David N. Edelstein ); With application LI of the Independent Review Board--Agreement between the IRB and Anthony Garbarino attached. Copies mailed (lam)
June 11, 1997 Opinion or Order Filing 2593 ORDER TO SHOW CAUSE by Int'l Bro. of Teamst Show Cause Hearing set for 2:00 6/16/97 granting a temporary restraining order ; it is Ordered that Lawrence Bastian and Robert Weisenburger, show cause why an order purs to Rule 65 of the FRCP, should not be made and entered herein enjoining all parties from Litigating the action #97cv1101 and #97cv1289 (District of Minnesota), in any court or forum other than this Court ; Ordered that security in the amt of $50,000 be posted by 6/12/97 @noon. ( signed by Judge David N. Edelstein ); Copies mailed. (Sent this doc. to cashiers on 6/16/97) (lam)
June 11, 1997 Filing 2592 DECLARATION of James L. Linsey, atty for Int'l Bro. of Teamst in support of [2590-2] motion application for temporary restraining order (lam)
June 11, 1997 Filing 2591 MEMORANDUM by Int'l Bro. of Teamst in support of [2590-1] motion for preliminary injunction (lam)
June 11, 1997 Filing 2590 NOTICE OF MOTION by Int'l Bro. of Teamst for preliminary injunction , and application for temporary restraining order . Return date 6/11/97. (lam)
June 6, 1997 Filing 2587 ACKNOWLEDGMENT OF RECEIPT OF APPLICATION L: this Court has caused to be filed the original documents concerning Application L of the IRB with the Clerk of the Court of the SDNY. This Court further certifies that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that copies of the Acknowledgement have been forwarded to Frederick B. Lacey, Esq., and Frederick H. Cohn, Esq. ( signed by Judge David N. Edelstein ); Copies mailed (lam)
June 4, 1997 Filing 2586 Transcript of record of proceedings filed for dates of 4/17/97 @2:30 before Judge Edelstein. (lam)
June 2, 1997 Opinion or Order Filing 2585 AFFIDAVIT AND AGREEMENT: Anthony Scaffidi, Jr. deposes and says, and agrees as follows: The Independent Review Roard, appointed purs to the Consent Order entered 3/14/89 plans to recommend that charges be filed against me alleging that I am a La Cosa Nostra member and knowingly associated with other La Cosa Nostra members. I make this Affidavit and Agreement to permanently resign my IBT membership and all IBT affiliated positions in order to resolve the proposed charges. This Agreement is permanent. ( signed by Judge David N. Edelstein ); Copies mailed (lam)
June 2, 1997 Filing 2584 Acknowledgment of Receipt of Application XLIX: This Court has caused to be filed the original documents concerning Application XLIX of the IRB with the Clerk of the Court of the SDNY. This Court further certified that the instant Acknowledgment of Receipt has been filed with the Clerk of the Court of the SDNY, and that copies of the Acknowledgment have been forwarded to the following: Frederick B. Lacey, Esq. and Kenneth Reiss, Exq. With application attached. (signed by Judge David N. Edelstein) Copies mailed (lam)
May 22, 1997 Filing 2583 MANDATE OF USCA (certified copy) Re: [2567-1] appeal by Jere Nash. It is hereby ordered, adjudged and decreed that the orders be and it hereby are affirmed. (96-9103) George Lange, III, Clerk, USCA. (as)
May 21, 1997 Opinion or Order Filing 2582 OPINION & ORDER # 78603, that the findings and sanctions of Application XLVII of the Independent Review Board are Affirmed. ( Signed by Judge David N. Edelstein ); Copies mailed. (lam)
May 13, 1997 Opinion or Order Filing 2581 ORDER/ACKNOWLEDGMENT OF RECEIPT OF REVISED APPLICATION XX, this Court acknowledges that Revised Application XX of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed the original documents concerning Revised Application XX of the IRB w/ the Clerk of the Court of the SDNY ( signed by Judge David N. Edelstein ); Copies mailed to LeBoeuf Lamb Greene & MacRae and to Martin & Bonnett (emil)
May 12, 1997 Opinion or Order Filing 2580 ORDER, petitioner Greg Rushton appeals to this Court from a decision of the Election Appeals Master Kenneth Conboy, which reversed a decision of the Election Officer Barbara Zack Quindel. It is ordered that the 2/17/97, decision of the Election Appeals Master, 97-Elec. App. 316 (KC), is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 12, 1997 Opinion or Order Filing 2579 ORDER granting [2578-1] motion for an order approving the resolution of the matter regarding the charges and penalties imposed on the Officers of Local 677 in Waterbury, CT, the Affidavit and Agreement in the matter Raymond, et al, as modified by the IBT's revised penalty of 90-days suspension is appproved and so ordered ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 12, 1997 Filing 2578 REVISED APPLICATION XX of the IRB for an order approving the resolution of the matter regarding the charges and penalties imposed on the Officers of Local 677 in Waterbury, CT , Return date not indicated. (emil)
May 12, 1997 Filing 2577 Letter filed by United States of America addressed to Judge Edelstein, dated 4/16/97 re: in support of Election Officer Application IX (emil)
May 12, 1997 Filing 2576 DECLARATION Barbara Zack Quindel, Election Officer, in support [2574-1] motion for a declaratory judgment regarding a claim of privilege in order to allow disclosure of information important and material to an ongoing protest investigation (emil)
May 12, 1997 Filing 2575 MEMORANDUM by Election Officer in support of [2574-1] motion for a declaratory judgment regarding a claim of privilege in order to allow disclosure of information important and material to an ongoing protest investigation (emil)
May 12, 1997 Filing 2574 APPLICATION NO. IX by Election Officer for a declaratory judgment regarding a claim of privilege in order to allow disclosure of information important and material to an ongoing protest investigation , Return date 8/27/96 (emil) Modified on 05/12/1997
May 9, 1997 Opinion or Order Filing 2573 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Joseph Vitarelli by the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 9, 1997 Filing 2572 Application XLVIII of the IRB -- Agreement between the IRB and Joseph Vitarelli (emil)
May 9, 1997 Opinion or Order Filing 2571 ORDER/ACKNOWLEDGMENT OF REC. OF APPLICATION XLVIII, this Court acknowledges that Application XLVIII of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed w/ the original documents concerning Application XLVIII of the IRB w/ the Clerk of the Court of the SDNY ( signed by Judge David N. Edelstein ); Copies mailed to the following: LeBoeuf Lamb Greene & MacRae; Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (emil)
May 8, 1997 Filing 2570 Quarterly Report XVIII of the IRB under the Consent Order Article G. "Report to the Court" (emil)
May 8, 1997 Opinion or Order Filing 2569 ORDER/ACKNOWLEDGMENT OF REC. OF APPLICATION XVIII, this Court acknowledges that Application XVIII of the IRB has been received by this Court, and that this Court has caused to be filed the original documents concerning Application XVIII of the IRB w/ the Clerk of the Court of the SDNY ( signed by Judge David N. Edelstein ); Copy mailed to LeBoeuf Lamb Greene & MacRae (emil) Modified on 05/09/1997
April 24, 1997 Filing 2568 MEMORANDUM OPINION #78453, Application IX of the Election Officer for a declaratory judgment that Nash may not assert an atty-client privilege over his communications w/ Cohen, Weiss & Simon is granted ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
April 17, 1997 Filing 2567 NOTICE OF APPEAL by Jere Nash ; from [2566-1] motion for a stay of the Court's Order holding that Jere Nash does not have a valid personal claim of atty-client privilege w/ respect to his conversations w/ attys from the firm of Cohen, Weiss & Simon . Copies of notice of appeal mailed to Attorney(s) of Record: Robert L. Vogel .Fee Pd. $105.00, rec # 285484. (as)
April 17, 1997 Filing 2566 NOTICE OF MOTION by Jere Nash for a stay of the Court's Order holding that Jere Nash does not have a valid personal claim of atty-client privilege w/ respect to his conversations w/ attys from the firm of Cohen, Weiss & Simon , Return date not indicated. Fld in night deposit on 4/17/97 at 6:56 p.m. (emil)
April 16, 1997 Filing 2565 OPPOSITION BRIEF by Jere Nash re: Election Officer Application No. IX (request for Declaratory Judgment regarding claim of privilege) (emil)
April 16, 1997 Filing 2564 MEMORANDUM by Jere Nash in support of [2563-1] motion for an order allowing Jere Nash to intervene in the matter of Election Officer Application No. IX (emil)
April 16, 1997 Filing 2563 NOTICE OF MOTION and MOTION for an order allowing Jere Nash to intervene in the matter of Election Officer Application No. IX , Return date not indicated. (emil)
April 16, 1997 Filing 2562 DECLARATION of Susan Davis on behalf of Cohen Weiss and Simon Re: in response to the Election Officer's application for a declaratory judgment regarding a claim of privilege (emil)
April 16, 1997 Filing 2561 MEMORANDUM OF LAW submitted on behalf of Cohen Weiss and Simon in response to the Election Officer's Application No. IX (requesting a Declaratory Judgment regarding claim or privilege) (emil)
April 16, 1997 Filing 2560 RESPONSE by Int'l Bro. of Teamst Re: Election Officer Application No. IX (Request for Declaratory Judgment regarding claim of privilege) (emil)
March 27, 1997 Opinion or Order Filing 2559 ORDER, this Court ackowledges that Application XLVII of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed the original documents concerning Application XLVII of the IRB w/ the Clerk of the Court for the SDNY ( signed by Judge David N. Edelstein ); Copies mailed to LeBoeuf Lamb Greene & MacRae and Eric Tunis. (emil)
March 26, 1997 Filing 2558 SEALED DOCUMENT placed in vault (sp)
March 17, 1997 Opinion or Order Filing 2557 ORDER/ACKNOWLEDGEMENT OF REC. OF CLARIFICATION LETTER REGARDING APPLICATION XLV, this Court acknowledges that a Clarification Letter regarding Application XLV of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed w/ the original documents concerning Application XLV of the IRB w/ the Clerk of the Court for the SDNY. This Court further certifies that the instant Acknowledgment of Receipt has been filed w/ the clerk of the court of the SDNY, and that copies of the Acknowledgment have been forwarded to the following: LeBoueuf Lamb Greene & MacRae; Herald P. Fahringer ( signed by Judge David N. Edelstein ); Copies mailed (emil)
March 11, 1997 Opinion or Order Filing 2556 MEMORANDUM OPINION #78178, Election Officer Application VII for an order permitting the installation of officers prior to certification is granted ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
March 10, 1997 Opinion or Order Filing 2555 ORDER granting [2552-1] motion for an order permitting the Election Officer to issue subpoenas in furtherance of her investigation of a protest involving allegations of improper contributions in the 1996 Int'l officer election of the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
March 7, 1997 Filing 2554 DECLARATION of Barbara Zack Quindel in support [2552-1] motion for an order permitting the Election Officer to issue subpoenas in furtherance of her investigation of a protest involving allegations of improper contributions in the 1996 Int'l officer election of the IBT (emil)
March 7, 1997 Filing 2553 MEMORANDUM of Barbara Zack Quindel, Election Officer in support of [2552-1] motion for an order permitting the Election Officer to issue subpoenas in furtherance of her investigation of a protest involving allegations of improper contributions in the 1996 Int'l officer election of the IBT (emil)
March 7, 1997 Filing 2552 APPLICATION NO. VIII by Barbara Zack Quindel, Election Officer for an order permitting the Election Officer to issue subpoenas in furtherance of her investigation of a protest involving allegations of improper contributions in the 1996 Int'l officer election of the IBT , Return date not indicated (emil) Modified on 03/11/1997
February 27, 1997 Filing 2551 RESPONSE by Int'l Bro. of Teamst Re: in support of Election Officer Application No. VII (emil)
February 10, 1997 Opinion or Order Filing 2550 ORDER/ENDORSEMENT ATTACHED TO AFFIDAVIT AND AGREEMENT granting [2545-1] motion for an order approving the Compromise Agreement w/ Frank Vitarelli, Sr., member of IBT Local Union 813 in New York, NY ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 10, 1997 Opinion or Order Filing 2549 ORDER/ENDORSEMENT ATTACHED TO AFFIDAVIT AND AGREEMENT granting [2543-1] motion for an order approving the Compromise Agreement w/ Frank Fiumefreddo, member of IBT Local Union 813 in New York, NY ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 7, 1997 Opinion or Order Filing 2548 Memo endorsed on Affidavit and Agreement; granting [2547-1] motion for an order approving the Compromise Agreement w/ David H. Wallach, member of IBT Local Union 868 in New York, NY ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
February 7, 1997 Filing 2547 APPLICATION XLVI by the IRB for an order approving the Compromise Agreement w/ David H. Wallach, member of IBT Local Union 868 in New York, NY , Return date not indicated. (emil)
February 7, 1997 Opinion or Order Filing 2546 ORDER/ACKNOWLEDGMENT OF REC. OF APPLICATION XLVI this Court acknowledges that Application XLVI of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed w/ the original documents concerning Application XLVI of the IRB w/ the Clerk of the Court of the SDNY ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 7, 1997 Filing 2545 APPLICATION XLV by the IRB for an order approving the Compromise Agreement w/ Frank Vitarelli, Sr., member of IBT Local Union 813 in New York, NY , Return date not indicated. (emil)
February 7, 1997 Opinion or Order Filing 2544 ORDER/ACKNOWLEDGMENT OF REC. OF APPLICATION XLV this Court acknowledges that Application XLV of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed the original documents concerning Application XLV of the IRB w/ the Clerk of the Court of the SDNY ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 7, 1997 Filing 2543 APPLICATION XLIV by the IRB for an order approving the Compromise Agreement w/ Frank Fiumefreddo, member of IBT Local Union 813 in New York, NY , Return date not indicated.(emil) Modified on 02/10/1997
February 7, 1997 Opinion or Order Filing 2542 ORDER/ACKNOWLEDGEMENT OF REC. OF APPLICATION XLIV, this Court acknowledges that Application XLIV of the IRB for the IBT has been received by this Court, and that this Court has caused to be filed the original documents concerning Application XLIV of the IRB w/ the Clerk of the Court of the SDNY ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 6, 1997 Opinion or Order Filing 2541 ORDER, petitioner Clifford T. Chetnick appeals to this Court from a decision of the Election Appeals Master Kenneth Conboy, which affirmed a decision of the Election Officer Barbara Zack Quindel. This Court finds that the decision of the Election Appeals Master was neither arbitrary nor capricious, and therefore, should be affirmed in all respects. It is hereby ordered that the 12/4/96, decision of the Election Appeals Master, 96 Elec. App. 294 (KC), is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 4, 1997 Filing 2540 Quarterly Report XVII of the IRB under the Consent Order Article G. "Report to the Court" (emil)
January 13, 1997 Filing 2539 Letter filed addressed to Judge Edelstein from Barbara Zack Quindel, dated 1/10/97 re report issued by Barbara Zack Quindel (copy attached) on the second phase of challenged ballot resolution in the 1996 IBT Int'l Officer Election (emil)
January 9, 1997 Opinion or Order Filing 2538 MEMORANDUM OPINION #77871, the findings of IRB Application XXV are affirmed in all respects except as to sanctions. The findings of IRB Application XXX are affirmed in all respects, except those relating to the IRB's characterization of Theodus' testimony and those relating to sanctions. The findings of IRB Application XXX regarding santions are rejected. IRB Application XXX is remanded to the IRB for further consideration consistent w/ this Court's Opinion and Order ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
January 3, 1997 Filing 2537 Transcript of record of proceedings filed for dates of 11/4/96 (emil)
January 2, 1997 Filing 2536 Before J Edelstein; Transcript of record of proceedings filed for dates of 11/6/96 (cd)
December 23, 1996 Opinion or Order Filing 2535 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Joseph K. Foy by the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 16, 1996 Opinion or Order Filing 2534 ORDER, all IRB Applications sent to this Court are to contain a statement of acknowledgment for this Court to sign and: 1) to return to the IRB; 2) to file w/ the Clerk of the Court of the SDNY; and 3) to forward to all individual IBT members named as subjects of the Application. The terms of this Order apply to all IRB Applications generated on or after 12/16/96 ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 13, 1996 Opinion or Order Filing 2533 ORDER, petitioner Charles Thibault appeals to this Court from a decision of the Election Appeals Master Kenneth Conboy, which affirmed the decision of the Election Officer Barbara Zack Quindel. Thibault brings the instant appeal, challenging the Election Appeals Master's affirmance of the Election Officer's decision. For the reasons stated in this Order, the 11/4/96 decision of the Election Appeals Master, 96 Elec. App. 263 (KC), is affirmed ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 11, 1996 Opinion or Order Filing 2532 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Angela Perrucci by the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 11, 1996 Opinion or Order Filing 2531 ORDER/ENDORSEMENT, in the attached petitions, the signatories ask this Court "to reverse the action of delegates to reinstate Frank Wsol". The signatories further urge this Court "to sustain the action of the General Executive Board to suspend Frank Wsol". The attached petition does not explain the basis of this Court's jurisdiction or why the Court should take any action regarding Frank Wsol. Even if this Court were to interpret the attached petition liberally, the attached petition cannot reasonably be interpreted as an application to the Court. The attached petition is rejected ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 11, 1996 Opinion or Order Filing 2530 ORDER/ENDORSEMENT, in the attached petitions, the signatories ask this Court to investigate the reversal of a decision by the Teamsters General Executive Board at the July 1996 Teamster Convention concerning disciplinary action taken against Local Union 710 officer Frank Wsol. The attached petition does not explain the basis of this Court's jurisdiction or why the Court should take any action regarding Frank Wsol. Even if this Court were to interpret the attached petition liberally, the attached petition cannot reasonably be interpreted as an applicaton to the Court. The attached petition is rejected ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 9, 1996 Opinion or Order Filing 2529 MEMORANDUM & ORDER granting [2461-1] motion for a ruling by Judge Edelstein on the issues heard by the IRB during a hearing 4/23/96, and thereafter determined, on the charge filed against Dominic Froncillo, having carefully reviewed the IRB's Opinion and Decision, as well as the exhibits attached thereto, this Court finds that the IRB's decision is not arbitrary and capricious. This Court finds that the IRB received adequate proof that Malangone was a member of organized crime. In addition, this Court finds that the IRB sufficiently established that Froncillo knew that Malangone was an organized crime member. This Court further finds that the Chief Investigator presented the IRB w/ proof that Froncillo knowingly associated w/ Malangone. Accordingly, the decision of the IRB is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 26, 1996 Filing 2527 MANDATE OF USCA (certified copy) Re: [2344-1] appeal by Int'l Bro. of Teamsters: On consideration whereof, it is now hereby ordered adjudged and decreed that the order of the district court be and it hereby is affirmed in accordance with the opinion of this court. Bill of costs in favor of the Appellee, United States of America in the amount of $432.75, attached. (96-6034). GEORGE LANGE III, Clerk, U.S.C.A. (em) Modified on 11/27/1996
November 22, 1996 Opinion or Order Filing 2526 MEMORANDUM & ORDER, the application of Dennis E. Hickey for a stay of the sworn examination scheduled before the Chief Investigator of the IRB of the IBT is denied. Dennis E. Hickey is to appear for sworn examination before the Chief Investigator of the IRB of the IBT on 11/27/96 ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 21, 1996 Filing 2528 Letter filed addressed to Judge Edelstein from counsel representing Dennis E. Hickey, dated 11/20/96 re request for a stay of the Sworn Examination pending resolution of the criminal charges against Dennis E. Hickey (emil)
November 18, 1996 Filing 2525 PETITION by Charles Thibault for an appeal to this Court from the decsion of Election Appeals Master Kenneth Conboy in accordance w/ the Rules for the 1995-1996 IBT Int'l Union Delegate and Officer Elections and this Court's Order, dated 3/22/96 , Return date not indicated. (emil)
November 18, 1996 Opinion or Order Filing 2524 ORDER/AFFIDAVIT & AGREEMENT, regarding resolution of charges brought against Carmine Fusco by Patrick D. DeFelice, Int'l Trustee of Local 1205, IBT ( signed by Judge David N. Edelstein ); Application XL of the IRB - Agreement between the IRB and Carmine Fusco attached; Copies mailed (emil)
November 18, 1996 Opinion or Order Filing 2523 ORDER/AFFIDAVIT & AGREEMENT, regarding resolution of charges brought against Aniello Madonna by the IRB ( signed by Judge David N. Edelstein ); Application XXXIX of the IRB (Agreement between the IRB and Aniello Madonna) attached; Copies mailed (emil)
November 13, 1996 Opinion or Order Filing 2522 ORDER/ENDORSEMENT ON PETITIONS, the attached petition (in which signatories ask this Court to reverse the action of delegates to reinstate Frank Wsol) is rejected ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 12, 1996 Filing 2521 Quarterly Report XVI of the IRB under the Consent Order Article G. "Report to the Court" (emil)
November 12, 1996 Filing 2520 MEMORANDUM by United States of Ame in support of its motion for an order of civil contempt (emil)
November 12, 1996 Filing 2519 Afffidavit of Service of Order to Show Cause and supporting documents upon Labatt Breweries by Robert Cote on 11/4/96. Also served upon the following by Fed Ex on 11/1/96: Mr. Alain Gascon; Barbara Zack Quindel, Election Officer; Judith Scott, IBT (emil) Modified on 11/12/1996
November 12, 1996 Opinion or Order Filing 2518 ORDER TO SHOW CAUSE, Labatts is to appear before this Court on 11/4/96 to show cause why an order should not be entered: directing Labatts to comply fully, within 24 hrs., with the 10/17/96 decision of the Election Officer in Election Case No. P-942-LAB-CAN, by allowing Mr. Hoffa, and/or any other nonemployee IBT members to have access for campaign purposes to the parking lot at Labatts' facility in LaSalle, Quebec, Canada where IBT members park their personal vehichles; in the event of Labatts' failure to take the action directed in the above, adjudging Labatts in civil contempt and imposing coercive sanctions as the Court deems appropriate, including, without limitation, substantial daily fines, until such time as Labatts fully complies as directed; awarding the Gov't and the Election Officer such other and further relief as the Court deems just and proper ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 12, 1996 Opinion or Order Filing 2517 MEMORANDUM OPINION #77576, Labatt Brewing Co. is to comply fully, within 24 hrs. of receipt of this Opinion and Order, w/ the 10/17/96, decision of the Election Officer in Election Case No. P-942-LAB-CAN, by allowing Mr. James P. Hoffa, and/or any other nonemployee members of the IBT to have access for campaign purposes to the parking lot where IBT members park their personal vehicles at the Labatt's facility in LaSalle, Quebec, Canada ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
November 6, 1996 Filing 2516 DECLARATION of Beth E. Goldman by pltff USA Re: Government's application for an order directing Labatt Brewing Co. Ltd. to permit union electioneering on premises in Canada (emil)
November 6, 1996 Filing 2515 MEMORANDUM of Labatt Brewing Co. Ltd. in opposition to the Government's application for an order directing it to permit union electioneering on premises in Canada (emil)
November 6, 1996 Filing 2514 AFFIDAVIT in opposition of Guy Lemay by Lebatt Brewing Co. Ltd. Re: U.S. Government's application for an order directing Labatt to allow James P. Hoffa access to the parking lot of Labatt's facility in LaSalle, Quebec for the purpose of an election meeting (emil)
November 6, 1996 Filing 2513 AFFIDAVIT in opposition of James West by Labatt Brewery Co. Ltd. Re: U.S. Government's application for an order directing Labatt to allow James P. Hoffa access to the parking lot of Labatt's facility in LaSalle, Quebec for the purpose of union electioneering (emil)
November 6, 1996 Filing 2512 MEMORANDUM by United States of Ame in support of its motion for an order of civil contempt (emil)
November 4, 1996 Filing 2511 Letter filed addressed to Judith Scott from John J. Cronin, Jr. of the IRB, dated 10/24/96 re itemized statements of expenses of the Chief Investigator's Office (emil)
October 30, 1996 Opinion or Order Filing 2510 MEMORANDUM OPINION #77520 granting [2491-1] motion for an order approving the Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election and directing compliance w/ the Count Rules, the request of James P. Hoffa to modify the Supplemental Rules for the 1996 Int'l Officer Mail Ballot is denied ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
October 29, 1996 Filing 2509 Letter filed addressed to Judith A. Scott from Frederick B. Lacey, dated 10/22/96 re bill for services and expenses rendered by his office in connection w/ the IRB (emil)
October 21, 1996 Filing 2508 REPORT of the Election Officer on contracts w/ mail houses and envelope printers for the 1996 Int'l Officer Election (emil)
October 16, 1996 Opinion or Order Filing 2507 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Adrianne Paccione by the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
October 7, 1996 Filing 2506 REPLY MEMORANDUM by Election Officer in support re: [2491-1] motion for an order approving the Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election and directing compliance w/ the Count Rules (emil)
October 7, 1996 Filing 2505 Transcript of record of proceedings filed for dates of 8/5/96 (emil)
September 24, 1996 Filing 2503 Memo endorsed on petition, in the attached petition, the signatories ask this Court to investigate the reversal of a disciplinary action taken by the General Executive Board of the IBT against Frank Wohl. The petition does not explain the basis of this Court's jurisdiction or why the Court should reverse the disciplinary action against Wohl. The attached petition is rejected ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
September 23, 1996 Filing 2504 MEMORANDUM on behalf of James P. Hoffa re: w/ respect to the Election Officer's Application VI for an Order approving Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election which were issued by Election Officer Barbara Zack Quindel on 9/5/96 (emil)
September 23, 1996 Filing 2502 RESPONSE by United States of Ame to [2491-1] motion for an order approving the Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election and directing compliance w/ the Count Rules (emil)
September 16, 1996 Filing 2501 Notice that the original record on appeal (appeal of Robert T. Simpson) has been certified and transmitted to the U.S. Court of Appeals (emil)
September 12, 1996 Opinion or Order Filing 2500 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Nicholas Parise, Sr. by the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
September 12, 1996 Opinion or Order Filing 2499 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Nicholas Parise, Jr. by the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
September 11, 1996 Opinion or Order Filing 2498 AMENDED ORDER, this Amended Order replaces the Order in this case regarding the Joint Application of the Gov't and the IBT purs. to Paragraph 16 of the 3/14/89 Consent Decree, issued on 12/13/95 ( signed by Judge David N. Edelstein ); Copies mailed (emil)
September 9, 1996 Opinion or Order Filing 2497 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against John Guglielmo by the IRB ( signed by Judge David N. Edelstein ); Application XXXVI of the IRB w/ Affidavit of Service attached; Copies mailed (emil)
September 9, 1996 Filing 2496 MEMORANDUM OPINION #77248, pltffs in IBT, Local Union 107 v. IBT, Civ. No. 96-5633 (E.D. Pa.) (HB) are enjoined from pursuing that action in any court or forum in any jurisdiction except this Court. The case IBT, Local Union 107 v. IBT, Civ. No. 96-5633 (E.D. Pa.) (HB) is to be transferred to this Court immediately ( Signed by Judge David N. Edelstein ); Copies mailed. Copy to Dorothy Guranich. (emil)
September 9, 1996 Filing 2494 Filed Memo-Endorsement on petition, in the attached petition, the signatories ask this Court to suspend Frank Wsol from the IBT. The attached petition does not explain the basis of this Court's jurisdiction or why the Court should suspend Wsol. Even if this Court were to interpret the attached petition liberally, the attached petition cannot reasonably be interpreted as an application to the Court. The attached petition is rejected ( signed by Judge David N. Edelstein ) (emil)
September 6, 1996 Filing 2495 Transcript of record of proceedings filed for dates of 7/10/96 (emil)
September 5, 1996 Filing 2493 AFFIDAVIT in support of R. Doug Lewis by Election Officer Re: [2491-1] motion for an order approving the Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election and directing compliance w/ the Count Rules (emil)
September 5, 1996 Filing 2492 MEMORANDUM of Election Officer in support of [2491-1] motion for an order approving the Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election and directing compliance w/ Count Rules (emil)
September 5, 1996 Filing 2491 NOTICE OF MOTION by Election Officer for an order approving the Supplemental Rules for the 1996 IBT Int'l Officer Mail Ballot Election and directing compliance w/ the Count Rules , Return date 9/30/96 (emil)
September 4, 1996 Filing 2490 NOTICE OF APPEAL by defendants Teamsters Local 714, Machinery Scrap Iron, Metal & Steel Chauffeurs, Warehousemen, Handlers, Helpers, Alloy Fabricators, Theatrical Exposition, Convention & Trade Show Employees, Chicago & Vicinity, Illinois, William T. Hogan, Robert A& Hogan, James Hogan, & Marshall Arrington ; from [2489-1] order pltffs' Rule 65(a) motion for a preliminary injunction, purs. to FRCP 65(a), is granted. Deft, its officers, and its successors, agents, assigns, etc. shall: 1) deliver all property, funds, books, records and assets of any kind in their possession to John Metz as Trustee and/or his designee; 2) cease and desist from representing themselves as the authorized officers and/or representatives of Local 714, unless so authorized by John Metz, as Trustee and/or his designee 3) cease and desist from interfering in any manner w/ the conduct of the trusteeship by John Metz, as Trustee and/or his designee; 4) provide a complete accounting of the financial condition of Local 714 to John Metz, as Trustee and/or his designee, along w/ any and all financial records and an explanation for all receipts, disbursements and financial transactions of any kind by Local 714; 5) refrain from any destruction, removal secretion, or alteration of the financial records of Local 714; 6) provide a complete accounting of the collective bargaining relationships and agreements of Local 714 to John Metz, as Trustee and/or his designee along w/ any and all certificates, agreements or other indicia of recognition of Local 714 as a representative of any person or persons plus any and all collective bargaining contracts, letters of modification and similar documents of any kind of Local 714; refrain from any destruction, removal, secretion, alteration of any documents reflecting the collective bargaining relationships or agreements of Local 714. Defts, its officers, and its successors, agents, etc. shall cease from failing to comply w/ the terms of the trusteeship imposed on IBT Local 714 by the General President of the IBT . Copies of notice of appeal mailed to Attorney(s) of Record: Richard M. Seltzer . (as)
September 3, 1996 Filing 2489 MEMORANDUM OPINION #77206 denying [2486-1] motion purs. to FRCP 12(b), to dismiss; denying [2486-2] motion to transfer case purs. to 28 USC 1406, pltffs' Rule 65(a) motion for a preliminary injunction, purs. to FRCP 65(a), is granted. Deft, its officers, and its successors, agents, assigns, etc. shall: 1) deliver all property, funds, books, records and assets of any kind in their possession to John Metz as Trustee and/or his designee; 2) cease and desist from representing themselves as the authorized officers and/or representatives of Local 714, unless so authorized by John Metz, as Trustee and/or his designee 3) cease and desist from interfering in any manner w/ the conduct of the trusteeship by John Metz, as Trustee and/or his designee; 4) provide a complete accounting of the financial condition of Local 714 to John Metz, as Trustee and/or his designee, along w/ any and all financial records and an explanation for all receipts, disbursements and financial transactions of any kind by Local 714; 5) refrain from any destruction, removal secretion, or alteration of the financial records of Local 714; 6) provide a complete accounting of the collective bargaining relationships and agreements of Local 714 to John Metz, as Trustee and/or his designee along w/ any and all certificates, agreements or other indicia of recognition of Local 714 as a representative of any person or persons plus any and all collective bargaining contracts, letters of modification and similar documents of any kind of Local 714; refrain from any destruction, removal, secretion, alteration of any documents reflecting the collective bargaining relationships or agreements of Local 714. Defts, its officers, and its successors, agents, etc. shall cease from failing to comply w/ the terms of the trusteeship imposed on IBT Local 714 by the General President of the IBT ( Signed by Judge David N. Edelstein ); Copies mailed. (emil) Modified on 09/04/1996
August 30, 1996 Filing 2488 Letter filed addressed to Judge Edelstein from Anthony DiSarro (IBT v. Local Union 714) dated 8/27/96 re to confirm that Richard M. Seltzer and Anthony DiSarro waive their clients' rights to a hearing on pltffs' pending motion for a preliminary injunction (emil)
August 28, 1996 Filing 2487 MEMORANDUM by Local 714 in support of [2486-1] motion purs. to FRCP 12(b), to dismiss, [2486-2] motion to transfer case purs. 28 USC 1406 (emil)
August 28, 1996 Filing 2486 NOTICE OF MOTION by Local Union 714 purs. to FRCP 12(b), to dismiss , or, in the alternative to transfer case purs. to 28 USC 1406 , Return date not indicated. Affidavit in support attached. (emil)
August 28, 1996 Filing 2485 Letter filed addressed to Judge Edelstein from Anthony DiSarro (counsel for Local 714, William Hogan, Jr., James Hogan, Robert Hogan and Marshall Arrington in the case captioned IBT, et al v. Local Union 714, et al), dated 8/27/96 re to confirm that neither Mr. Seltzer or Mr. DiSarro request a hearing to be held on pltffs' pending motion for a preliminary injunction (emil)
August 27, 1996 Filing 2481 AMENDED MEMORANDUM OPINION #77174, pltffs in IBT v. Local Union 714 of the IBT, 96 CV 4903 (N.D. Ill.) are enjoined from pursuing that action in any court or forum in any jurisdiction except this Court. 96 CV 4903 (N.D. Ill.) is to be transferred to this Court immediately ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
August 26, 1996 Filing 2484 DECLARATION of Richard M. Seltzer in support by Int'l Bro. of Teamst [2482-1] motion requesting that this Court assert its jurisdiction under the Consent Decree between the IBT and the U.S. Gov't in this case and under the injunction issued by this Court in this case and purs. to the All Writs Act; Specifically, the IBT requests that the Court enter an order w/ respect pltffs in 96 CV 5633 (in which pltffs challenge the IBT's imposition of a trusteeship on Local 107 following a recommendation by the IRB), which is pending in the USDC, EDPA, enjoining them from pursuing those claims in any or forum other than before this Court and enjoining all other parties from litigating such claims concerning the Local 107 trusteeship in any court or forum other than this Court. Fld in night deposit on 8/26/96 at 6:31 p.m. (emil)
August 26, 1996 Filing 2483 MEMORANDUM by Int'l Bro. of Teamst in support of [2482-1] motion requesting that this Court assert its jurisdiction under the Consent Decree between the IBT and the U.S. Gov't in this case and under the injunction issued by this Court in this case and purs. to the All Writs Act; Specifically, the IBT requests that the Court enter an order w/ respect to pltffs in 96 CV 5633 (in which pltffs challenge the IBT's imposition of a trusteeship on Local 107 following a recommendation by the IRB), which is pending in the USDC, EDPA, enjoining them from pursuing those claims in any court or forum other than before this Court and enjoining all other parties from litigating such claims concerning the Local 107 trusteeship in any court or forum other than this Court. Fld in night deposit on 8/26/96 at 6:31 p.m. (emil)
August 26, 1996 Filing 2482 APPLICATION by Int'l Bro. of Teamst requesting that this Court assert its jurisdiction under the Consent Decree between the IBT and the U.S. Gov't in this case and under the injunction issued by this Court in this case and purs. to the All Writs Act; Specifically, the IBT requests that the Court enter an order w/ respect to pltffs in 96 CV 5633 (in which pltffs challenge the IBT's imposition of a trusteeship on Local 107 following a recommendation by the IRB), which is pending in the USDC, EDPA, enjoining them from pursuing those claims in any court or forum other than before this Court and enjoining all other parties from litigating such claims concerning the Local 107 trusteeship in any court or forum other than this Court , Return date not indicated. Fld in night deposit on 8/26/96 at 6:33 p.m. (emil)
August 26, 1996 Filing 2480 MEMORANDUM OPINION #77174, pltffs in IBT v. Local Union 714 of the IBT, 96 CV 4903 (N.D. Ill.) are enjoined from pursuing that action in any court or forum in any jurisdiction except this Court. 96 CV 4903 (N.D. Ill.) is to be transferred to this Court immediately ( Signed by Judge David N. Edelstein ); Copies mailed. Copy to Dorothy Guranich. (emil) Modified on 08/26/1996
August 23, 1996 Filing 2479 DECLARATION of Dominique T. Bravo on behalf of IBT Re: four volumes of exhibits to the Report of the IRB, dated 8/5/96, recommending that Teamsters Local 745, IBT be placed under international trusteeship (emil) Modified on 08/26/1996
August 23, 1996 Opinion or Order Filing 2478 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against James Galante by the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 22, 1996 Filing 2477 APPLICATION by Int'l Bro. of Teamst requesting that the allegations and facts set forth in the verified complaint filed in 96 CV 6328 also be considered as an Application in 88 CV 4486 (emil)
August 13, 1996 Filing 2476 MANDATE OF USCA (certified copy) Re: [2394-1] appeal by Teamsters Local 1150: On consideration whereof, it is now hereby ordered, adjudged and decreed that the order of the district court be and it hereby is remanded to the district court for modification in accordance with the opinion of this court. (95-6248). GEORGE LANGE III, Clerk, U.S.C.A. (em)
August 12, 1996 Filing 2475 MEMORANDUM (dated 7/8/96) by Barbara Zack Quindel, Election Officer, in support of Election Officer Application V for an order enjoining interference w/ her supervisory authority (emil)
August 12, 1996 Filing 2474 DECLARATION (dated 7/8/96) of Barbara Zack Quindel in support Election Officer Application V. (emil) Modified on 08/13/1996
August 12, 1996 Filing 2473 Letter filed by Int'l Bro. of Teamst dated 7/1/96 re Application of United States regarding procedures for the upcoming IBT Constitutional Convention (emil)
August 5, 1996 Opinion or Order Filing 2472 ORDER, regarding oath of Grant Crandall that he will faithfully and impartially discharge all duties and responsibilities incumbent upon him as a member of the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 5, 1996 Opinion or Order Filing 2471 ORDER, regarding oath of William H. Webster that he will faithfully and impartially discharge all duties and responsibilities incumbent upon him as a member of the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 5, 1996 Opinion or Order Filing 2470 ORDER, regarding oath by Frederick B. Lacey that he will faithfully and impartially discharge all duties and responsibilities incumbent upon him as a member of the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil) Modified on 08/06/1996
July 30, 1996 Filing 2469 Letter filed addressed to Judge Edelstein from Frederick B. Lacey dated 7/24/96 re to inform the Court that Frederick B. Lacey has been reappointed as the Government's designee to the IRB (emil)
July 26, 1996 Opinion or Order Filing 2468 ORDER, ordered that the reappointment of Frederick B. Lacey, Grant Crandall, and William H. Webster to the Independent Review Board of the International Brotherhood of Teamsters for a term of five years are APPROVED. Ordered that the reappointments of Frederick B. Lacey, Grant Crandall, and William H. Webster to the Independent Review Board of the International Brotherhood of Teamters are effective 7/19/96. ( signed by Judge David N. Edelstein ); Copies mailed (kg)
July 24, 1996 Opinion or Order Filing 2467 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Vincent J. Vilgiotti by the IRB ( signed by Judge David N. Edelstein ); Copies mailed. Application XXXIV of the IRB attached. (emil)
July 24, 1996 Filing 2466 NOTICE OF APPEAL ; from [2448-1] order Accordingly this Court holds that all objections that Simpson raises to the IRB Opinion and Decision in Application XXI are meritles, and that IRB Opinion and Decision in Application XXI is affirmed in its entirety. . Copies of notice of appeal mailed to Attorney(s) of Record: Karen B. Konigsberg and Celia Zahner . (em)
July 15, 1996 Opinion or Order Filing 2465 ORDER, regarding petitioner Danny J. Bruno's appeal to this Court from a decision of the Election Appeals Master Kenneth Conboy, which affirmed three decisions of the Election Officer Barbara Zack Quindel; the 5/16/96 decision of the Election Appeals Master, 96 Elec. App. 189 (KC) is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 12, 1996 Filing 2464 MEMORANDUM OPINION #76951, Election Officer Application V is granted. The IBT and any members thereof are enjoined from interfering w/ the Election Officer's supervisory authority by attempting to implement a constitutional amendment that convenes or compels a debate among candidates for International office during the 1996 International Convention ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
July 12, 1996 Opinion or Order Filing 2463 ORDER, regarding petitioner Richard H. Collins' appeal to this Court from decisions of the Election Officer Barbara Zack Quindel and the Election Appeals Master Kenneth Conboy; the 5/16/96 decision of the Election Appeals Master 96 Elec. App. 201 (KC) is affirmed ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 12, 1996 Filing 2462 Letter filed addressed to Judge Edelstein from Richard H. Collins, for the Unity Slate at Local 921, dated 7/11/96 re 1996 IBT Convention Delegate Election; the Appeal from 96 - Elec.App. 201 (KC) In Re Election Protest Nos. P-732, Post-021 and Post-022 (Local 921 Unity Slate) (emil)
July 12, 1996 Filing 2461 APPLICATION XXXIII by Int'l Bro. of Teamst for a ruling by Judge Edelstein on the issues heard by the IRB during a hearing on 4/23/96, and thereafter determined, on the charge filed against Dominic Froncillo , Return date not indicated. Opinion and Decision of the IRB (re Dominic Froncillo) attached. (emil)
July 10, 1996 Opinion or Order Filing 2460 ORDER granting in part, denying in part [2458-1] motion for Bradley T. Raymond to appear pro hac vice on behalf of James P. Hoffa, Bradley T. Raymond is admitted to appear before this Court pro hac vice to present oral argument on behalf of James P. Hoffa, Jr. as specified i U.S. v. IBT, et al, 88 CV 4486, Order to Show Cause (7/9/96). Except as specified above, Bradley T. Raymond, is not admitted to appear before this Court pro hac vice in any capacity, including but not limited to: (1) submitting papers to this Court; and (2) presenting oral argument to this Court ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 10, 1996 Filing 2459 MEMORANDUM by United States of America in support of Election Officer Application No. V (for an order enjoining interference w/ the Election Officer's supervisory authority) (emil)
July 10, 1996 Filing 2458 NOTICE OF MOTION by James P. Hoffa for Bradley T. Raymond to appear pro hac vice on behalf of James P. Hoffa , Return date not indicated. Affidavits in support and Memorandum of Law in response to Order to Show Cause attached. (emil)
July 9, 1996 Opinion or Order Filing 2457 ORDER, purs. to this Court's exclusive and continuing jurisdiction to ensure implementation of the Consent Decree, the Election Officer and the IRB, w/ the assistance as necessary and appropriate of the IBT and the Gov't, are to take all appropriate steps to ensure that there will be continuous and adequate communications between the Convention site and the Chambers of this Court during the entire period of the 1996 IBT Convention, and report to the Court on the steps they have taken to implement this directive. In the event that any dispute or other issue arises at the 1996 IBT Convention concerning whether any action taken or contemplated by anyone at the Convention is or would be in violation of the Consent Decree or the Election Rules approved by this Court, or otherwise threatens to prevent the full implementation of the Consent Decree, the Gov't the IBT, the Election Officer, and the IRB each shall have the right immediately to seek from this Court a prompt ruling on that dispute or other issue; and any such party exercising that right shall have the further right to notify the other parties that the Convention proceedings shall be suspended until a ruling has been sought and obtained from this Court, and such notification shall be deemed to constitute an Order of this Court, issued on pain of contempt, that the Convention proceedings shall be suspended immediately and until further Order of this Court. No delegate shall present an amendment or addition to the IBT Constitution from the floor of the Convention unless the proposed amendment or addition has either been submitted to the IBT Constitution Committee prior to the Convention in accordance w/ Article III, Section 9(a) of the IBT Constitution or has been submitted to the IBT Constitution Committee and the Gov't at the designated Convention Center offices no later than 10:00 a.m. on the previous day. Nothing in this Order shall limit the Government's right to object to proposed changes to the IBT Constitution after the close of the IBT Convention ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 9, 1996 Opinion or Order Filing 2455 ORDER TO SHOW CAUSE, the Office of the U.S. Atty, SDNY, the IBT and James P. Hoffa, Jr., by their respective attys, shall appear before this Court on 7/10/96 at 2:30 p.m. to show cause by this Court should not enter and Order: enjoining IBT and any members thereof from interfering w/ the Election Officer's supervisory authority by attempting to implement a constitutional amendment that convenes or compels a debate among candidates for Int'l office during the 1996 IBT Int'l Convention and awarding the Election Officer such other and further relief as the Court deems just and proper ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 8, 1996 Filing 2454 Letter filed w/ exhibits addressed to Judge Edelstein from Richard H. Collins, for the Unity Slate at Local 921, dated 6/30/96 re appeal from the 6/17/96 decision of the Appeals Master, Kenneth Conboy (emil)
July 8, 1996 Filing 2453 MEMORANDUM OPINION #76909 denying [2447-1] motion for Earl V. Brown, Jr. to appear pro hac vice on behalf of the IBT; denying [2446-1] motion for Judith A. Scott to appear pro hac vice on behalf of the IBT; denying [2445-1] motion for John J. Sullivan to appear pro hac vice on behalf of the IBT ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
July 8, 1996 Opinion or Order Filing 2452 ORDER, regarding Shannon McCarthy Primarolo's appeal to this Court from a decision of the Election Appeals Master Kenneth Conboy; the 5/16/96 decision of the Election Appeals Master is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 5, 1996 Opinion or Order Filing 2451 ORDER, the 5/17/96 decision of the Election Appeals Master is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 3, 1996 Opinion or Order Filing 2450 ORDER, the 2/29/96 decision of the Election Appeals Master and the 3/26/96 decision of the Election Appeals Master are affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 1, 1996 Opinion or Order Filing 2449 ORDER granting [2438-1] motion for an order: approving the News Media Access Rules for the 1996 IBT Int'l Union Convention; directing compliance w/ the Media Access Rules ( signed by Judge David N. Edelstein ); Copies mailed (emil)
June 27, 1996 Opinion or Order Filing 2448 OPINION & ORDER # 76860, Accordingly this Court holds that all objections that Simpson raises to the IRB Opinion and Decision in Application XXI are meritles, and that IRB Opinion and Decision in Application XXI is affirmed in its entirety. ( Signed by Judge David N. Edelstein ); Copies mailed. (kg)
June 24, 1996 Filing 2444 Letter filed addressed to Judge Edelstein from Barbara Zack Quindel, dated 6/18/96 re submitted to advise the Court that as of 6/6/96, the Election Officer had received 955 protests (emil)
June 21, 1996 Filing 2447 NOTICE OF MOTION by Int'l Bro. of Teamst for Earl V. Brown, Jr. to appear pro hac vice on behalf of the IBT , Return date 7/8/96. Declaration in support attached. (emil)
June 21, 1996 Filing 2446 NOTICE OF MOTION by Int'l Bro. of Teamst for Judith A. Scott to appear pro hac vice on behalf of the IBT , Return date 7/8/96. Declaration in support attached. (emil)
June 21, 1996 Filing 2445 NOTICE OF MOTION by Int'l Bro. of Teamst for John J. Sullivan to appear pro hac vice on behalf of the IBT , Return date 7/8/96. Declaration in support attached. (emil)
June 18, 1996 Opinion or Order Filing 2442 MEMORANDUM & ORDER, this Court must modify Article VIII, Section 8(e) of the Rules in order to narrow the scope of this provision in a manner consistent w/ the 2nd Circuit's recent decision. After carefully reviewing that decision, this Court holds that Article VIII, Section 8(e) is amended to read as follows: In order to ensure compliance with Article VIII, Sections 8(a) and 11(b)-(c) and Article XII, Sections 1(b)(1) and (3) of the Rules, every Union-financed publication to be mailed or otherwise distributed to the membership between 10/1/96, and December 20, 1996, shall be submitted to the Election Officer by the publishing body for review and approval prior to publication. Review and approval of Union publications is solely for the purpose of enforcing Article VIII, Sections (8)(a) and 11(b)-(c) and Article XII, Sections 1(b)(1) and (3) ( signed by Judge David N. Edelstein ); Copies mailed (emil)
June 17, 1996 Filing 2443 RESPONSE by United States of America to [2438-1] motion for an order: approving the News Media Access Rules for the 1996 IBT Int'l Union Convention; directing compliance w/ the Media Access Rules, [2418-1] motion for an order approving the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting and directing compliance w/ the Convention Rules. Fld in night deposit on 6/17/96 at 5:10 p.m. (emil)
June 10, 1996 Opinion or Order Filing 2441 ORDER, the 2/20/96 decision of the Election Appeals Master is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
June 9, 1996 Opinion or Order Filing 2456 ORDER, regarding Scott D. Schreiner's appeal to this Court from a decision of the Election Appeals Master Kenneth Conboy; the 5/16/96 decision of the Election Appeals Master regarding Election Officer decision P-647-LU396-CLA is affirmed ( signed by Judge David N. Edelstein ); Copies mailed (emil)
June 5, 1996 Filing 2440 DECLARATION of Barbara Zack Quindel by Barbara Zack Quindel, Election Officer, in support [2438-1] motion for an order: approving the News Media Access Rules for the 1996 IBT Union Convention; directing compliance w/ the Media Access Rules (emil)
June 5, 1996 Filing 2439 MEMORANDUM of Barbara Zack Quindel, Election Officer, in support of [2438-1] motion for an order: approving the News Media Access Rules for the 1996 IBT Union Convention; directing compliance w/ the Media Access Rules (emil)
June 5, 1996 Filing 2438 APPLICATION IV by Barbara Zack Quindel, Election Officer for an order: approving the News Media Access Rules for the 1996 IBT Int'l Union Convention; directing compliance w/ the Media Access Rules , Return date 6/23/96 (emil)
June 4, 1996 Filing 2436 Brief submitted to Judge Edelstein from Danny J. Bruno re: requesting review of the decision of the Election Appeals Master in Case Nos. P-382-LU396-CLA and P-615-LU396-CLA (emil)
June 4, 1996 Filing 2435 Letter filed addressed to Judge Edelstein from Scott D. Schreiner, dated 5/26/96 re request for appeal to a decision by Election Appeals Master Kenneth Conboy, regarding Case No. P-647-LU396-CLA (emil)
June 4, 1996 Filing 2434 Letter filed addressed to Judge Edelstein from Shannon McCarthy Primarolo, Independent Candidate, dated 5/29/96 re protest of postelection day conduct (emil)
June 4, 1996 Filing 2433 Quarterly Report XIV of the IRB under the Consent Order Article G. "Report to the Court" (emil)
June 3, 1996 Opinion or Order Filing 2437 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Michael Bourgal by the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 28, 1996 Filing 2432 Letter filed addressed to Judge Edelstein from Charles M. Carberry of the IRB, dated 5/28/96 re Application XXX of the IRB (Gene Giacumbo) (emil)
May 24, 1996 Opinion or Order Filing 2431 ORDER, IRB Application XXIX is remanded for further consideration ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 23, 1996 Opinion or Order Filing 2430 ORDER granting [2418-1] motion for an order approving the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting and directing compliance w/ the Convention Rules, the Supplementary Rules for the 1996 IBT Convention are approved ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 23, 1996 Opinion or Order Filing 2429 ORDER/AFFIDAVIT AND AGREEMENT, approving Application XXXII of the IRB regarding agreement between the IRB and Arcadio Vera ( signed by Judge David N. Edelstein ); Copies mailed; Application XXXII attached w/ Affidavit of Service. (emil)
May 21, 1996 Filing 2428 RESPONSE by United States of Ame Re: [2418-1] motion for an order approving the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting and directing compliance w/ the Convention Rules (emil)
May 20, 1996 Filing 2427 Quarterly Report XII of the IRB under the Consent Order Article G. "Report to the Court" (emil)
May 20, 1996 Filing 2426 Letter filed addressed to the IRB from James C. Maroulis, law clerk, dated 5/17/96 re letter of Jose M. Perales dated 5/3/96 (emil)
May 16, 1996 Filing 2425 Letter filed addressed to Judge Edelstein from J. Bruce Maffeo (on behalf of Gene Giacumbo, dated 5/15/96 re Application XXX of the IRB (emil)
May 16, 1996 Filing 2424 Letter filed by United States addressed to Judge Edelstein, dated 5/16/96 re stating that the Gov't does not intend to submit papers in connection w/ the appeals (emil)
May 13, 1996 Filing 2423 MEMORANDUM by Int'l Bro. of Teamst re: in reply in support of motion of IBT for summary judgment; in opposition to Local 745's motion to dismiss; in opposition to Local 745's motion under Rule 56(f); in further support of the IBT's Application under the Consent Decree. Fld in night deposit on 5/13/96 at 6:18 p.m. (emil)
May 10, 1996 Filing 2422 Letter filed addressed to Judge Baer from Beth E. Goldman, AUSA, by United States, dated 5/8/96 re request that 96 CV 2774 (HB) be reassigned to Judge Edelstein (emil)
May 8, 1996 Filing 2421 Letter filed addressed to Judge Edelstein from Kenneth Conboy, Election Appeals Master, dated 5/2/96 re designation of atty to act on behalf of Election Appeals Master (emil)
May 8, 1996 Filing 2420 DECLARATION of Barbara Zach Quindel in support [2418-1] motion for an order approving the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting and directing compliance w/ the Convention Rules (emil)
May 8, 1996 Filing 2419 MEMORANDUM of Election Officer in support of [2418-1] motion for an order approving the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting and directing compliance w/ the Convention Rules (emil)
May 8, 1996 Filing 2418 APPLICATION NO. III by Election Officer for an order approving the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting and directing compliance w/ the Convention Rules , Return date 5/28/96 (emil)
May 6, 1996 Filing 2417 Opinion and Decision of the IRB in re: charges filed against Gene Giacumbo (emil)
May 6, 1996 Filing 2416 APPLICATION XXX of the IRB for an order affirming the IRB's 5/1/96 Opinion (in re charges against Gene Giacumbo) (emil)
May 3, 1996 Filing 2415 Fld copy of Amended Complaint (originally filed in USDC, Northern Dist. of Illinois, Eastern Division) as per stip & order of Judge Edelstein, doc. 2414. (emil)
May 3, 1996 Opinion or Order Filing 2414 STIPULATION and ORDER, purs. to Rule 10(e) of the Federal Rules of Appellate Procedure, the Clerk shall accept for filing in this action the amended complaint (originally attached to this stip) ( signed by Judge David N. Edelstein ). (emil)
April 26, 1996 NOTICE OF MOTION by Int'l Bro. of Teamst *(see below) for (1) summary judgment purs. to Rule 56 (f) of the F.R.C.P. on the claims in its complt. , (2) dismissal purs. to Rule 12(c) of the F.R.C.P. , and/or summary judgment purs. to Rule 56(f) of the F.R.C.P. on all counterclaims fld. by deft. Teamsters Local 745 , Return date 5/13/96 *NOTE: orig. doc. fld. in case no. 95 civ 9766 ((DNE) and noted in this case (ls) Modified on 04/30/1996
April 26, 1996 FLD: ENDORSED MEMORANDUM ON REQUEST FOR REARGUEMENT (See 96CV1511 (CLB), dkt. #11.) (kz)
April 26, 1996 Rule 3(g) statement *(see below) filed by Int'l Bro. of Teamsters. Note: orig. doc. fld. in case no. 95 civ 9766 (DNE) and noted in this case (ls)
April 26, 1996 MEMORANDUM *(see below) by Int'l Bro. of Teamst in support of [0-1] motion for (1) summary judgment purs. to Rule 56 (f) of the F.R.C.P. on the claims in its complt., [0-2] motion (2) dismissal purs. to Rule 12(c) of the F.R.C.P., [0-3] motion summary judgment purs. to Rule 56(f) of the F.R.C.P. on all counterclaims fld. by deft. Teamsters Local 745, and pltff's applicationunder the consen decree *Note: orig. doc. fld. in case no. 95 civ. 9766 (DNE) and noted in this case (ls)
April 26, 1996 DECLARATION in support *(see below) by Richard M. Seltzer for Int'l Bro. of Teamst [0-1] motion for (1) summary judgment purs. to Rule 56 (f) of the F.R.C.P. on the claims in its complt., [0-2] motion (2) dismissal purs. to Rule 12(c) of the F.R.C.P., [0-3] motion summary judgment purs. to Rule 56(f) of the F.R.C.P. on all counterclaims fld. by deft. Teamsters Local 745, and in support of the IBT's application purs. to the Consent Decree *Note: orig. doc. fld. in case no. 95 civ 9766(DNE) and noted in this case (ls) Modified on 04/30/1996
April 26, 1996 DECLARATION in support *(see below) by David L. Neigue for Int'l Bro. of Teamst [0-1] motion for (1) summary judgment purs. to Rule 56 (f) of the F.R.C.P. on the claims in its complt., [0-2] motion (2) dismissal purs. to Rule 12(c) of the F.R.C.P., [0-3] motion summary judgment purs. to Rule 56(f) of the F.R.C.P. on all counterclaims fld. by deft. Teamsters Local 745, and in support of the IBT's application purs. to the Consent Decree. *Note: orig. doc. fld. in case no. 95 Civ. 9766(DNE) and noted in this case (ls) Modified on 04/30/1996
April 23, 1996 Opinion or Order Filing 2413 ORDER, regarding procedures governing appeals to this Court from decisions of the Election Appeals Master ( signed by Judge David N. Edelstein ); Copies mailed (emil)
April 22, 1996 Filing 2412 NOTICE OF JOINT APPLICATION by United States of Ame, Int'l Bro. of Teamst for an order setting forth certain procedures to be followed in appeals to this Court of decisions of the Election Appeals Master , Return date not indicated. (emil)
April 17, 1996 Filing 2411 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals (emil)
April 17, 1996 Opinion or Order Filing 2410 ORDER, withdrawing the appeal of petitioners Teamster Local Union No. 391 and its President, Jack Cipriani ( signed by Judge David N. Edelstein ); Copies mailed (emil)
April 15, 1996 Filing 2409 Fld Copy (as per Chambers of DNE) of Petitioners Teamster Local Union No. 391 and Jack Cipriani's Voluntary Withdrawal of Appeal. (emil)
April 4, 1996 Filing 2408 Amended Certificates of Service of Notice of Motion for admission pro hac vice, Affidavit of Kenneth J. Vianale w/ Exhibit and Proposed Order, Affidavit of Hugh J. Beins, Appearance of Kenneth J. Vianale, Notice of Application and Application, Memorandum of Law and Amended Certificate of Service upon all parties listed on 4/1 and 4/4/96. (emil)
April 1, 1996 Filing 2407 NOTICE of attorney appearance by Kenneth J. Vianale on behalf of Teamsters Local Union No. 391 and Jack Cipriani (emil)
April 1, 1996 Filing 2406 NOTICE OF MOTION by Teamster Local Union No. 391 and Jack Cipriani for Hugh J. Beins to appear pro hac vice on behalf of Teamsters Local Union No. 391 and Jack Cipriani , Return date not indicated. Affidavit in support attached. (emil)
April 1, 1996 Filing 2405 AFFIDAVIT in support of Hugh J. Beins on behalf of Teamster Local Union 391 and Jack Cipriani Re: [2403-1] motion for an order to modify the Election Appeals Master's decision in Case No. 96 Election Appeal 123 (KC), dated 3/13/96 (emil)
April 1, 1996 Filing 2404 MEMORANDUM by Teamster Local Union No. 391 and Jack Cipriani in support of [2403-1] motion for an order to modify the Election Appeals Master's decision in Case No. Election Appeal 123 (KC), dated 3/13/96 (emil)
April 1, 1996 Filing 2403 NOTICE OF MOTION/APPLICATION by Teamster Local Union 391 and its President, Jack Cipriani for an order to modify the Election Appeals Master's decision in Case No. 96 Election Appeal 123 (KC), dated 3/13/96 , Return date not indicated. (emil)
March 6, 1996 Filing 2401 MANDATE OF USCA (certified copy) Re: Motion to U.S.C.A. for a stay of injunction pending appeal. It is hereby ordered that the motion be and it hereby is denied. (96-6034). GEORGE LANGE III, Clerk, U.S.C.A. (em)
March 1, 1996 Filing 2400 Letter filed addressed to Janet Reno, Atty. General, from Henry J. Hyde, Chairman of the House of Representatives, dated 2/26/96 re requests for documents (emil)
March 1, 1996 Filing 2399 Letter filed by United States of America addressed to Judge Edelstein, dated 2/27/96 re request for documents received from Chairman Hyde of the House Judiciary Committee (emil)
February 26, 1996 Filing 2398 Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [2394-1] appeal (kk)
February 26, 1996 Filing 2397 Letter filed addressed to Judge Edelstein from Max G. Sanchez, dated 2/6/96 re charges brought against Louis Smith (emil)
February 23, 1996 Filing 2396 Copy of Letter filed addressed to Judge Edelstein from Barbara Zack Quindel, Election Officer, dated 2/20/96 re to provide the Court w/ an update on the ongoing funding crisis and to seek its guidance in this matter. (emil)
February 20, 1996 Filing 2395 WAIVER OF SERVICE of summons and complaint Returned Executed by Phillip C. Landrigan - Attorney for VINCENT TREROTOLA. Mailed on 02.14.96. (djc)
February 5, 1996 Notice of appeal and certified copy of docket to USCA: [2394-1] appeal ; Copy of notice of appeal sent to District Judge. (as)
February 1, 1996 Filing 2393 Filed Memo-Endorsement on letter dated 1/23/96, the record of IRB Application XXVII is supplemented to include IRB Member Webster's letter ( signed by Judge David N. Edelstein ) (emil)
January 31, 1996 Opinion or Order Filing 2392 ORDER denying w/ prejudice [2390-1] motion purs. to FRCP 62, to stay enforcement of the 1/19/96 order pending appeal ( signed by Judge David N. Edelstein ); Copies mailed (emil)
January 29, 1996 Filing 2394 NOTICE OF APPEAL by Erbacci, Cerone & Moriarity, Ltd., Anthony G. Erbacci & Jack P. Cerone, individually and d/b/a/ Marble Insurance ; from [2389-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Mary Jo White, Beth E. Goldman, Robert Gaffey, Michael H. Slutsky, Stuart Alderoty, Jeffrey Gilbert, Martin Burns . (as)
January 29, 1996 Filing 2391 MEMORANDUM by Erbacci Pltffs in support of [2390-1] motion purs. to FRCP 62, to stay enforcement of the 1/19/96 order pending appeal (emil)
January 29, 1996 Filing 2390 NOTICE OF MOTION & MOTION by Erbacci Pltffs purs. to FRCP 62, to stay enforcement of the 1/19/96 order pending appeal , Return date 3/20/96 (emil)
January 19, 1996 Opinion or Order Filing 2389 MEMORANDUM OPINION #75999 denying without prejudice [2340-1] motion for Aldo E. Botti, Peter M. De Longis and Ronald D. Menna to appear pro hac vice on behalf of the "Erbacci Plaintiffs", [2326-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d. Cir. 1990), and the All Writs Act, 28 USC 1651, and the Court's inherent equity powers: enjoining the pltffs in the action entitled Cerone and Moriarty, Ltd., et al v. U.S., et al, 95 C 3171, (N.D. Ill) (the "Erbacci Action") from prosecuting the Erbacci Action in any Court or forum other than this Court ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
January 18, 1996 Filing 2388 Letter filed addressed to Costabile Lauro from James C. Maroulis, Law Clerk for Judge Edelstein, dated 11/27/95 re Application XXVII of the IRB (emil)
January 11, 1996 Opinion or Order Filing 2387 ORDER, IRB Application XXV is remanded for further consideration ( signed by Judge David N. Edelstein ); Copies mailed (emil)
January 11, 1996 Opinion or Order Filing 2386 MEMORANDUM & ORDER, the decision of the IRB (re disciplinary charges brought against Costabile Lauro) is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
January 11, 1996 Filing 2385 Letter filed addressed to Jed S. Rakoff from Randy M. Mastro, dated 3/15/89 re mutual understanding between the parties. (This document is attached to doc. #2384) (emil)
January 11, 1996 Opinion or Order Filing 2384 STIPULATION and ORDER, purs. to Rule 10(e) of the Federal Rules of Appellate Procedure, the Clerk shall file in the official record of this matter the attached copy of the 3/15/89 letter agreement between Asst. U.S. Atty Randy M. Mastro and Jed S. Rakoff, Esq. ( signed by Judge David N. Edelstein ). (emil)
December 28, 1995 Filing 2383 AFFIDAVIT AND AGREEMENT, regarding resolution of all charges brought against Francis Allocca by the IRB ( signed by Judge David N. Edelstein ). (emil)
December 28, 1995 Filing 2382 APPLICATION XXVIII of the IRB -- Agreement between the IRB and Francis Allocca (emil)
December 26, 1995 Opinion or Order Filing 2381 ORDER/MEMO ENDORSED ON PROPOSED STIP, the attached stipulation for an extension of time is denied w/ prejudice ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 26, 1995 Opinion or Order Filing 2380 ORDER/MEMO ENDORSED ON PROPOSED STIP, the attached stipulation for an extension of time is denied w/ prejudice ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 20, 1995 Filing 2379 Letter filed by United States dated 12/14/95 re submitted in support of the IRB's Application XXV concerning Gene Giacumbo (emil)
December 18, 1995 Filing 2378 JOINT APPLICATION by United States of Ame, Int'l Bro. of Teamst for an order setting forth certain procedures to be followed in cases that relate to the Consent Decree, but in which the Gov't and/or the IBT is not a party , Return date not indicated. (emil)
December 14, 1995 Filing 2377 CHIEF INVESTIGATOR'S MEMORANDUM in support of the IRB's Application XXV (emil)
December 14, 1995 Opinion or Order Filing 2376 ORDER, regarding joint application purs. to paragraph 16 of the 3/14/89 Consent Decree ( signed by Judge David N. Edelstein ); Copies mailed (emil)
December 8, 1995 Filing 2375 Copy of Letter filed addressed to Albert A. Gaudelli from James C. Maroulis, law clerk for Judge Edelstein, dated 9/26/95 re Application XXII of the IRB (emil)
December 8, 1995 Filing 2374 Copy of Letter filed by IRB dated 10/24/95 re Chief Investigator's response to Joseph Cammarano, Jr.'s objections to the IRB's decision on Application XXII (emil)
December 8, 1995 Filing 2373 Copy of Letter filed by United States of America dated 11/3/95 re in support of the IRB's Application XXII concerning IBT Local 282 member Joseph Cammarano, Jr. (emil)
December 8, 1995 Opinion or Order Filing 2372 MEMORANDUM & ORDER, this Court has reviewed Camarano's objections and finds that these objections are meritless. Consequently, the decision of the IRB is affirmed in its entirety. ( signed by Judge David N. Edelstein ); Copies mailed (kg)
December 5, 1995 Filing 2371 Objection(s) by Gene Giacumbo to the IRB's Opinion and Decision dated 10/31/95. (emil)
November 28, 1995 Filing 2370 OPINION and DECISION of the IRB regarding Constabile Lauro (emil)
November 28, 1995 Filing 2369 APPLICATION XXVII of the IRB -- Opinion of the IRB in the matter of the hearing on Constabile Lauro (emil)
November 22, 1995 Filing 2368 MEMORANDUM OPINION #75761, the decision of the IRB (re Michael Porta, Jr.) is affirmed in its entirety ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
November 20, 1995 Opinion or Order Filing 2367 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Michael Schiarra by the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 20, 1995 Opinion or Order Filing 2366 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Brady Winstead by the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 20, 1995 Opinion or Order Filing 2365 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges brought against Robert Skeries by the IBT ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 9, 1995 Filing 2364 Fld Flyer titled "Hoffa Scam" as per chambers of Judge Edelstein (emil)
November 9, 1995 Filing 2363 Letter filed addressed to Judge Edelstein from Charles L. Weintraub dated 11/6/95 re question of whether Mr. Weintraub respresents Mr. Porta. (emil)
November 1, 1995 Filing 2362 POST HEARING MEMORANDUM of Michael Porta, Jr. (emil)
November 1, 1995 Filing 2361 Letter filed addressed to Judge Edelstein from Michael Porta, Jr. dated 10/27/95 re Application XXIII of the IRB (emil)
November 1, 1995 Filing 2360 Letter filed addressed to Judge Edelstein from Charles L. Weintraub dated 10/26/95 re Application XXIII of IRB (emil)
October 24, 1995 Filing 2359 NOTICE of FILING by United States of America of the Memorandum of law of Erbacci, Cerone & Moriarity, Ltd., Anthony G. Erbacci, and Jack P. Cerone, Individually etc... (ae)
October 24, 1995 Filing 2358 Letter filed addressed to Barbara Zack Quindel, IBT Election Officer from Pasquale Matarrese, President of IBT Local 705 Retirees Club, dated 10/18/95 re: IBT's failure to respond concerning the possibility of placing a proposal on the agenda for the coming International Convention. (emil)
October 24, 1995 Filing 2357 Letter filed addressed to Judge Edelstein from Celia A. Zahner (Independent Review Board, Office of the Chief Investigator), dated 10/24/95 re response to Joseph Cammarano, Jr.'s objections to the IRB's decision on Application XXII. (emil)
October 20, 1995 Filing 2356 Letter (fax) filed addressed to Judge Edelstein from Barbara Zack Quindel, Office of the Election Officer for the IBT, dated 10/13/95 re funding crisis discovered by Election Officer (emil)
October 20, 1995 Filing 2355 Letter filed by Int'l Bro. of Teamsters, dated 10/13/95 re letter of 10/12/95 addressed to Judge Edelstein from Judith A. Scott (emil)
October 20, 1995 Filing 2354 Fld Flyer entitled "Like Father, Like Son" as per chambers of Judge Edelstein. (emil)
October 17, 1995 Filing 2353 MEMORANDUM OPINION #75584, until such time as final appropriations legislation for the Dept. of Justice for fiscal year 1996 is enacted, the Dept. of Justice shall allocate the funds necessary to supervise the 1996 IBT election, such funds not to exceed the $6,000,000 set forth in the appropriations bills passed by the U.S. Senate and House of Representatives ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
October 16, 1995 Filing 2352 Fld Flyer entitled "Facts, Not Fiction" as per chambers of Judge Edelstein (emil) Modified on 10/23/1995
October 13, 1995 Filing 2351 Letter filed addressed to Judge Edelstein from Karen B. Konigsberg, AUSA, dated 10/12/95 re problem w/ respect to the funding of the supervision of the 1996 IBT Election (emil)
October 12, 1995 Filing 2350 Letter filed addressed to IBT, AFL-CIO, Ethical Practices Committee from John Cuite, Director of AFTER dated 9/28/95 re letter sent to all members of Teamster Local 363 cancelling all membership meeting of the Local indefinitely (emil)
October 12, 1995 Filing 2349 Letter filed addressed to Judge Edelstein from Robert McGinnis, dated 10/3/95 re corruption and embezzlement charges (emil)
October 12, 1995 Filing 2348 Letter filed, addressed to Ron Carey from Robert McGinnis, dated 9/27/95 re Election of Officers in Local 325 (emil)
October 6, 1995 Filing 2347 Opinion and Decision of the IRB concerning charges against Local 807 member Michael Porta, Jr. (emil)
October 6, 1995 Filing 2346 APPLICATION XXIII of the Independent Review Board -- Opinion and Decision of the IRB in the matter of the hearing on charges against Michael Porta, Jr. (emil)
October 5, 1995 Filing 2345 Filed Memo-Endorsement on letter dated 9/28/95, denying respondent Joseph Cammarano, Jr.'s request for an extension of time to file Objections to the Application XXII ( signed by Judge David N. Edelstein ) (emil)
September 25, 1995 Notice of appeal and certified copy of docket to USCA: [2344-1] appeal by Int'l Bro. of Teamst ; Copy of notice of appeal sent to District Judge. (as)
September 22, 1995 Filing 2344 NOTICE OF APPEAL by Int'l Bro. of Teamst ; from [2333-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Barbara Z. Quindel, Mary Jo White, Sylvia A. Law . (as)
September 21, 1995 Filing 2343 REPLY MEMORANDUM OF LAW by United States of America re: [2326-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d. Cir. 1990), and the All Writs Act, 28 USC 1651, and the Court's inherent equity powers: enjoining the pltffs in the action entitled Erbacci, Cerone and Moriarty, Ltd., et al v. U.S., et al, 95 C 3171, (N.D. Ill) (the "Erbacci Action") from prosecuting the Erbacci Action in any Court or forum other than this Court (ND:9/21/95 at 7:02P) (kg)
September 11, 1995 Filing 2342 Letter filed addressed to Judge Edelstein from Robert W. Gaffey (on behalf of Charles M. Carberry), dated 9/6/95 re in support of Government's motion for an order enjoining the pltffs in Erbacci, Cerone and Moriarity, Ltd., et al -v- U.S. (emil)
September 11, 1995 Filing 2341 Fld flyer titled "Never Again" as per chambers of Judge Edelstein (emil)
September 7, 1995 Filing 2340 NOTICE OF MOTION by Erbacci, Cerone & Moriarity, Ltd., Anthony G. Erbacci and Jack P. Cerone, individually and d/b/a Marlble Ins. for Aldo E. Botti, Peter M. De Longis and Ronald D. Menna to appear pro hac vice on behalf of the "Erbacci Plaintiffs" , Return date 9/29/95. Affidavits and Memo of Law in support attached. Fld in night deposit on 9/7/95 at 5:57 p.m. (emil)
September 7, 1995 Filing 2339 Letter filed, addressed to Judge Edelstein, dated 9/6/95 re submitted on behalf of Frederick B. Lacey, in his capacity as Independent Administrator and member of the IRB, in connection w/ the Government's motion returnable 9/29/95 (emil)
September 1, 1995 Filing 2338 REPLY MEMORANDUM of respondent Robert T. Simpson in support re: [2328-1] motion for an order: 1) denying IRB Application XXI, 2) vacating the IRB's Opinion and Decision entered against Simpson, 3) recusing the present members of the IRB from continuing to participate adjudicating the proposed charges returned against Simpson and, if the Court deems it appropriate, 4) having an impartial and unbiased arbitration panel review the charges lodged against Simpson (emil)
August 28, 1995 Opinion or Order Filing 2337 Filed Memo-Endorsement on letter dated 8/17/95, Return date reset to 9/1/95 for [2328-1] motion for an order: 1) denying IRB Application XXI, 2) vacating the IRB's Opinion and Decision entered against Simpson, 3) recusing the present members of the IRB from continuing to participate in adjudicating the proposed charges returned against Simpson and, if the Court deems it appropriate, 4) having an impartial and unbiased arbitration panel review the proposed charges lodged against Simpson ( signed by Judge David N. Edelstein ) (emil)
August 28, 1995 Filing 2336 Letter filed by United States dated 8/25/95 re in support of the IRB's Application XXI concerning Robert T. Simpson (emil)
August 25, 1995 Filing 2335 MEMORANDUM of Cheif Investigator in support of the IRB's Application XXI (emil)
August 25, 1995 Filing 2334 MEMORANDUM of Chief Investigator in opposition to [2328-1] motion for an order: 1) denying IRB Application XXI, 2) vacating the IRB's Opinion and Decision entered against Simpson, 3) recusing the present members of the IRB from continuing to participate in adjudicating the proposed charges returned against Simpson and, if the Court deems it appropriate, 4) having an impartial and unbiased arbitration panel review the proposed charges lodged against Simpson (emil)
August 23, 1995 Filing 2332 Quarterly Report XI of the Independent Review Board under the Consent Order Article G. "Report to the Court" (emil)
August 23, 1995 Filing 2331 Quarterly Report X of the Independent Review Board under the Consent Order Article G. "Report to the Court" (emil)
August 22, 1995 Opinion or Order Filing 2333 MEMORANDUM OPINION # 75310 granting [2262-1] motion for an order approving the Rules for the 1995-1996 IBT International Union Delegate and Officer Election and directing compliance w/ the Rules ( Signed by Judge David N. Edelstein ); Copies mailed. (cd)
August 18, 1995 Opinion or Order Filing 2330 MEMORANDUM OPINION #75281 granting [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court, Pltffs in said case are enjoined from pursuing that action in any court or forum in any jurisdiction except this Court. Pltffs in said case are ordered to either dismiss their action or to transfer their action to this Court ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
August 14, 1995 Filing 2329 MEMORANDUM of Robert T. Simpson, Jr. in support of [2328-1] motion for an order: 1) denying IRB Application XXI, 2) vacating the IRB's Opinion and Decision entered against Simpson, 3) recusing the present members of the IRB from continuing to participate adjudicating the proposed charges returned against Simpson and, if the Court deems it appropriate, 4) having an impartial and unbiased arbitration panel review the charges lodged against Simpson (emil)
August 14, 1995 Filing 2328 NOTICE OF MOTION by Robert T. Simpson, Jr. for an order: 1) denying IRB Application XXI, 2) vacating the IRB's Opinion and Decision entered against Simpson, 3) recusing the present members of the IRB from continuing to participate in adjudicating the proposed charges returned against Simpson and, if the Court deems it appropriate, 4) having an impartial and unbiased arbitration panel review the proposed charges lodged against Simpson , Return date 8/28/95. Affidavit in support attached. (emil)
August 11, 1995 Filing 2327 MEMORANDUM by United States in support of [2326-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d. Cir. 1990), and the All Writs Act, 28 USC 1651, and the Court's inherent equity powers: enjoining the pltffs in the action entitled Erbacci, Cerone and Moriarty, Ltd., et al v. U.S., et al, 95 C 3171, (N.D. Ill) (the "Erbacci Action") from prosecuting the Erbacci Action in any Court or forum other than this Court. Fld in night deposit on 8/11/95 at 8:57 a.m. (emil)
August 11, 1995 Filing 2326 NOTICE OF MOTION by United States for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d. Cir. 1990), and the All Writs Act, 28 USC 1651, and the Court's inherent equity powers: enjoining the pltffs in the action entitled Erbacci, Cerone and Moriarty, Ltd., et al v. U.S., et al, 95 C 3171, (N.D. Ill) (the "Erbacci Action") from prosecuting the Erbacci Action in any Court or forum other than this Court , Return date 9/29/95. Declaration in support attached. Fld in night deposit on 8/11/95 at 8:57 a.m. (emil)
August 11, 1995 Filing 2325 Objection(s) of Respondent Robert T. Simpson to the IRB's Opinion and Decision of 7/25/95 (emil)
August 8, 1995 Opinion or Order Filing 2324 STIPULATION and ORDER withdrawing [2270-1] motion for an order, purs. to the All Writs Act, 28 USC 1651, and the Court's inherent contempt authority: 1) adjudging John Georgopoulos and Paul Auriemma in contempt of the permanent injunction issued on 1/17/90 purs. to the All Writs Act, 28 USC 1651, prohibiting the pursuit of litigation seeking review of, or preventing or delaying, action on the part of the court-appointed officers in this proceeding; directing John Georgopoulos and Paul Auriemma to withdraw the lawsuit entitled John Georgopoulos and Paul Auriemma v. IBT, AFL-CIO, CV-95-1223 (EDNY) (ERK) ( signed by Judge David N. Edelstein ). (emil)
July 28, 1995 Opinion or Order Filing 2323 ORDER, any objections to IRB Application XXI must be filed no later than 12:00 p.m., 8/11/95. Responses by the Gov't and by the Investigations Officer must be filed no later than 12:00 p.m., 8/25/95. The instant order does not in any respect stay the disciplinary sanctions imposed on Simpson by the IRB ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 27, 1995 Filing 2322 RESPONSE by Int'l Bro. of Teamst to [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court (emil)
July 26, 1995 Filing 2321 Opinion and Decision of the Independent Review Board (concerning proposed charges against Local 743 President Robert Simpson). (emil)
July 26, 1995 Filing 2320 APPLICATION XXI of the Independent Review Board -- Opinion of the Independent Review Board in the matter of the hearing of Robert J. Simpson. (emil)
July 26, 1995 Filing 2319 Letter filed addressed to Judge Edelstein from Frederick B. Lacey, dated 7/6/95 re Applications XVI and XX of the IRB (emil)
July 21, 1995 Opinion or Order Filing 2318 Filed Memo-Endorsement on letter dated 7/18/95, Return date reset to 7/21/95 for [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court ( signed by Judge David N. Edelstein ) (emil)
July 21, 1995 Filing 2317 Letter filed addressed to Judge Edelstein from Charles M. Carberry dated 7/20/95 re to ensure that Judge Edelstein understands that Mr. Carberry understands Judge Edelstein's unbending commitment to cleansing the union of corruption and dishonesty (emil)
July 20, 1995 Filing 2316 SUPPLEMENTAL DECLARATION of Karen B. Konigsberg in support by United States of Government's motion for an order for preliminary injunction. Fld in night deposit on 7/20/95. (emil)
July 20, 1995 Filing 2315 REPLY MEMORANDUM by United States in support of motion for injunctive relief. Fld in night deposit on 7/20/95. (emil)
July 17, 1995 Opinion or Order Filing 2314 AFFIDAVIT AND AGREEMENT/ORDER, regarding agreement made to resolve the proposed charges in the 6/30/94 report sent to Joint Council 25 for its attention regarding the gift of cars (re: Robert Simpson, Jr., Kenneth Hester, Elijah Buffington, Clara Day, Sam Matyas, Chester Glanton and Jerry Broaddus) ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 10, 1995 Filing 2313 Transcript of record of proceedings filed for dates of 5/30/95 (emil)
July 10, 1995 Filing 2312 Transcript of record of proceedings filed for dates of 5/9/95 (emil)
July 7, 1995 Filing 2311 REPLY MEMORANDUM of the Election Officer in support of the motion to approve the 1995-1996 Election Rules (emil)
June 30, 1995 Filing 2310 Letter filed addressed to Judge Edelstein from William C. Wright, Jr. dated 6/23/95 re Duane Wilson (emil)
June 27, 1995 Filing 2309 DECLARATION of Patrick J. Szymanski by Darrow pltffs in support of their opposition to the Government's motion for injunctive relief. (emil)
June 27, 1995 Filing 2308 MEMORANDUM by Darrow pltffs in opposition to [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court (emil) Modified on 06/28/1995
June 16, 1995 Filing 2307 DECLARATION of Barbara Zack Quindel in support by United States re: Government's response to Election Officer Application No. 1. Fld in night deposit on 6/16/95 at 11:55 p.m. (emil)
June 16, 1995 Filing 2306 DECLARATION of Karen B. Konigsberg in support by United States re: Government's response to Election Officer Application No. 1. Fld in night deposit on 6/16/95 at 11:55 p.m. (emil)
June 16, 1995 Filing 2305 RESPONSE by United States Re: Election Officer Application No. 1 seeking Court approval of rules for the 1995-96 IBT Int'l Union Delegate and Officer Election. Fld in night deposit on 6/16/95 at 11:54 p.m. (emil)
June 16, 1995 Filing 2304 SUPPLEMENTAL MEMORANDUM of Teamsters Local 1150 in response to Election Officer Application No. 1. Fld in night deposit on 6/16/95 at 5:08 p.m. (emil) Modified on 06/19/1995
June 13, 1995 Filing 2303 MEMORANDUM of Teamsters for a Democratic Union in substantial support of the 1995-96 Election Rules (emil)
June 13, 1995 Opinion or Order Filing 2302 ORDER, the deadline for submission of responses to Election Officer Application I is extended until 6/16/95 ( signed by Judge David N. Edelstein ); Copies mailed (emil)
June 12, 1995 Opinion or Order Filing 2301 STIPULATION and ORDER, Return date reset to 7/20/95 [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting Darrow litigation in any court or forum other than this Court ( signed by Judge David N. Edelstein ). (emil)
June 12, 1995 Filing 2300 Letter filed by United States of America, addressed to Judge Edelstein, dated 6/9/95 re request for three-day extension of its time to file a response to Election Officer Application No. 1 from 6/13/95 to 6/16/95 (emil)
June 5, 1995 Filing 2299 Transcript of record of proceedings filed for dates of 5/9/95 (emil)
June 2, 1995 Opinion or Order Filing 2298 STIPULATION and ORDER, Return date reset to 6/26/95 [2270-1] motion for an order, purs. to the All Writs Act, 28 USC 1651, and the Court's inherent contempt authority: 1) adjudging John Georgopoulos and Paul Auriemma in contempt of the permanent injunction issued on 1/17/90 purs. to the All Writs Act, 28 USC 1651, the pursuit of litigation seeking review of, or preventing or delaying, action on the part of the court-appointed officers in this proceeding; directing John Georgopoulos Paul Auriemma to withdraw the lawsuit entitled John Georgopoulos and Paul Auriemma v. IBT, AFL-CIO, CV-95-1223 (EDNY) (ERK) , Response to motion reset to 6/12/95 motion for an order, purs. to the All Writs Act, 28 USC 1651, and the Court's inherent contempt authority: 1) adjudging John Georgopoulos and Paul Auriemma in contempt the permanent injunction issued on 1/17/90 purs. to the All Writs Act, 28 USC 1651, prohibiting the pursuit of litigation seeking review of, or preventing or delaying, action on the part of the court-appointed officers in this proceeding; directing John Georgopoulos and Paul Auriemma withdraw the lawsuit entitled John Georgopoulos and Paul Auriemma v. IBT, AFL-CIO, CV-95-1223 (EDNY) (ERK) ( signed by Judge David N. Edelstein ). (emil)
May 30, 1995 Opinion or Order Filing 2297 MEMORANDUM & ORDER, the deadline for submission of responses to Election Officer Application I is extended until 6/13/95 ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 30, 1995 Opinion or Order Filing 2296 ORDER, appointing Barbara Zack Quindel as Election Officer ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 30, 1995 Filing 2295 MEMORANDUM of Teamsters Local 890 in response to application for approval of election rules (emil)
May 30, 1995 Filing 2294 RESPONSE by Int'l Bro. of Teamst to [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court (emil)
May 30, 1995 Filing 2293 RESPONSE by Int'l Bro. of Teamst to [2270-1] motion for an order, purs. to the All Writs Act, 28 USC 1651, and the Court's inherent contempt authority: 1) adjudging John Georgopoulos and Paul Auriemma in contempt of the permanent injunction issued on 1/17/90 purs. to the All Writs Act, 28 USC 1651, prohibiting the pursuit of litigation seeking review of, or preventing or delaying, action on the part of the court-appointed officers in this proceeding; directing John Georgopoulos and Paul Auriemma to withdraw the lawsuit entitled John Georgopoulos and Paul Auriemma v. IBT, AFL-CIO, CV-95-1223 (EDNY) (ERK) (emil)
May 30, 1995 Filing 2292 Letter filed by Int'l Bro. of Teamsters addressed to Judge Edelstein from Judith A. Scott, dated 5/25/95 re potential candidates for Judge Edelstein's consideration as the new Election Officer to supervise the 1995-1996 IBT Int'l Union Delegate and Officer Elections (emil)
May 30, 1995 Filing 2291 Letter filed addressed to Judge Edelstein from Paul Alan Levy dated 5/26/95 re request for a brief extension of time to file the response of Teamsters for a Democratic Union to the Election Officer's application for approval of the Election Rules (emil)
May 30, 1995 Filing 2290 Letter filed by United States of America addressed to Judge Edelstein from Christine H. Chung, AUSA dated 5/26/95 re request for a two-week extension of time for the government to file a response to Election Officer Application No. to 6/13/95 (emil)
May 30, 1995 Filing 2289 Letter filed by United States of America addressed to Judge Edelstein from Christine H. Chung, AUSA, dated 5/25/95 re in response to Judge Edelstein's order to submit add'l recommendations of qualified individuals for the position of Election Officer (emil)
May 30, 1995 Filing 2288 Letter filed by United States of America addressed to Judge Edelstein from Christine H. Chung, AUSA dated 5/17/95 re in response to Judge Edelstein's directive that the Gov't submit a job description for the Election Officer position, provide further information regarding Barbara Zack Quindel and submit add'l recommendations for the Election Officer post. (emil)
May 30, 1995 Filing 2287 Letter filed by Int'l Bro. of Teamst addressed to Judge Edelstein from Judith A. Scott dated 5/16/95 re IBT's input into a proposed replacement for Amy Gladstein as the new Election Officer. (emil)
May 30, 1995 Filing 2286 Letter filed addressed to Judge Edelstein from Barbara Zack Quindel dated 5/15/95 re recommendation that she be appointed to serve in the capacity of Election Officer (emil)
May 30, 1995 Filing 2285 Letter filed by United States of America addressed to Judge Edelstein from Christine H. Chung, AUSA, dated 5/16/95 re in response to Judge Edelstein's directive of 5/9/95 that the parties propose individuals for the position of Election Officer on or before 5/16/95 (emil)
May 24, 1995 Filing 2284 MANDATE OF USCA (certified copy) Re: Appeal by John F. Long. On consideration whereof, it is hereby ordered, adjudged and decreed that the order of the district court denying reconsideration of two related cases be and it hereby is affirmed. (94-6140). GEORGE LANGE III, Clerk, U.S.C.A. (em)
May 22, 1995 Opinion or Order Filing 2283 Memo endorsed on unsigned order to show cause submitted by Gene Giacumbo, an int'l Vice-President of the IBT The TRO and the order to show cause are rejected and returned unsigned ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
May 16, 1995 Filing 2282 MEMORANDUM by United States of America in support of [2281-1] motion for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court. Fld in night deposit on 5/16/95 at 9:53 p.m. (emil)
May 16, 1995 Filing 2281 NOTICE OF MOTION by United States of America for an order, purs. to the Court's 1/17/90 All Writs order and opinion, U.S. v. IBT, 728 F. Supp. 1032 (SDNY), aff'd, 907 F.2d 277 (2d Cir. 1990), the All Writs Act, 28 USC 1651 and the Court's inherent powers: enjoining the pltffs in the action entitled Darrow v. IBT, 94 Civ. 02113 (DDC) (JR) from prosecuting the Darrow litigation in any court or forum other than this Court , Return date 6/29/95. Declaration in support attached. Fld in night deposit on 5/16/95 at 9:54 p.m. (emil)
May 15, 1995 Filing 2278 Filed Memo_Endorsement on letter dated 5/11/95, extending time to 5/30/95 for submissions of responses to the Election Officer Application #1 ( signed by Judge David N. Edelstein ) (cd)
May 12, 1995 Filing 2277 fld IBT's response in suport of Election officer's application #1 for order approving election rules (cd)
May 11, 1995 Filing 2280 Pepsi-Cola's MEMORANDUM in opposition to Article VIII, Section 11(e) of the proposed rules for the 1995-96 IBT Union Delegate and Officer Elections (emil)
May 11, 1995 Filing 2279 MEMORANDUM of Teamsters Local 1150 in response to Election Officer's Application No. 1 (emil)
May 9, 1995 Filing 2276 RESPONSE by Int'l Bro. of Teamst Re: [2272-1] motion to impose sanctions for the Election Officer's conduct in connection w/ the appointment of James Reif to be Legal Counsel to the Election Officer, including the sanction of dismissal from office (emil)
May 9, 1995 Filing 2274 Letter filed by United States of America dated 5/9/95 re Declaration of Election Officer Amy Gladstein, dated 5/8/95, which was submitted in response to the Court's Order to Show Cause dated 5/4/95. (emil)
May 8, 1995 Filing 2275 DECLARATION of Amy Gladstein Re: [2272-1] motion to impose sanctions for the Election Officer's conduct in connection w/ the appointment of James Reif to be Legal Counsel to the Election Officer, including the sanction of dismissal from office . (emil)
May 5, 1995 Opinion or Order Filing 2272 ORDER TO SHOW CAUSE by United States of America Show Cause Hearing set for 11:00 5/9/95 to impose sanctions for the Election Officer's conduct in connection w/ the appointment of James Reif to be Legal Counsel to the Election Officer, including the sanction of dismissal from office ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
May 4, 1995 Filing 2273 Duplicate original of doc. #2272 (Order to Show Cause) (emil)
May 4, 1995 Filing 2269 Government's APPLICATION purs. to paragraph 16 of the 3/14/89 Consent Decree (emil)
May 4, 1995 Filing 2268 Letter filed addressed to Judge Edelstein from Amy Gladstein, Election Officer, dated 5/1/95 re Report of the Election Officer for the period January-March 1995 (emil)
May 4, 1995 Filing 2267 Letter filed addressed to Judge Edelstein from Amy Gladstein, Election Officer, dated 5/3/95 re selection of staff for the Office of the Election Officer (emil)
May 4, 1995 Filing 2266 Letter filed, addressed to Judge Edelstein from AUSA Christine Chung, dated 5/3/95 re Election Officer's correspondence dated 5/3/95 (emil)
May 3, 1995 Filing 2265 Report of charges against Local 807 members which the IBT has approved (filed as per DNE) (emil)
May 2, 1995 Filing 2271 MEMORANDUM by United States of America in support of [2270-1] motion for an order, purs. to the All Writs Act, 28 USC 1651, and the Court's inherent contempt authority: 1) adjudging John Georgopoulos and Paul Auriemma in contempt the permanent injunction issued on 1/17/90 purs. to the All Writs Act, 28 USC 1651, prohibiting the pursuit of litigation seeking review of, or preventing or delaying, action on the part of the court-appointed officers in this proceeding; directing John Georgopoulos and Paul Auriemma withdraw the lawsuit entitled John Georgopoulos and Paul Auriemma v. IBT, AFL-CIO, CV-95-1223 (EDNY) (ERK). Fld in night deposit on 5/2/95 at 5:24 p.m. (emil)
May 2, 1995 Filing 2270 NOTICE OF MOTION by United States of America for an order, purs. to the All Writs Act, 28 USC 1651, and the Court's inherent contempt authority: 1) adjudging John Georgopoulos and Paul Auriemma in contempt of the permanent injunction issued on 1/17/90 purs. to the All Writs Act, 28 USC 1651, prohibiting the pursuit of litigation seeking review of, or preventing or delaying, action on the part of the court-appointed officers in this proceeding; directing John Georgopoulos and Paul Auriemma to withdraw the lawsuit entitled John Georgopoulos and Paul Auriemma v. IBT, AFL-CIO, CV-95-1223 (EDNY) (ERK) , Return date 6/8/95. Declaration in support attached. Fld in night deposit on 5/2/95 at 5:24 p.m. (emil)
May 2, 1995 Filing 2264 Transcript of record of proceedings filed for dates of 3/16/95 (emil)
April 25, 1995 Filing 2263 MEMORANDUM of Election Officer in support of [2262-1] motion for an order approving the Rules for the 1995-1996 IBT International Union Delegate and Officer Election and directing compliance w/ the Rules (emil)
April 25, 1995 Filing 2262 NOTICE OF MOTION by Election Officer for an order approving the Rules for the 1995-1996 IBT International Union Delegate and Officer Election and directing compliance w/ the Rules , Return date 5/18/95. Declaration in support attached. (emil) Modified on 04/27/1995
April 24, 1995 Opinion or Order Filing 2261 ORDER, regarding agreement between Angelo Paccione and the Independent Review Board ( signed by Judge David N. Edelstein ); Copies mailed (emil)
March 17, 1995 Opinion or Order Filing 2260 ORDER, appointing Kenneth Conboy as Election Appeals Master ( signed by Judge David N. Edelstein ); Copies mailed (emil)
March 15, 1995 Opinion or Order Filing 2259 AFFIDAVIT AND AGREEMENT/ORDER, regarding charges brought against Joseph Cammarano, Sr. and his agreement made w/ the IBT in order to resolve said charges ( signed by Judge David N. Edelstein ); Copies mailed (emil)
March 8, 1995 Filing 2258 Letter filed by United States of Ame dated 3/6/95 re 2/14/95 letter to Judge Edelstein from Kenneth Conboy, Esq. (emil)
March 1, 1995 Opinion or Order Filing 2257 MEMORANDUM & ORDER, This opinino emanates from the voluntary settlement of an action commenced by pltff, U.S.A., against defts IBT. This settlement was embodied in a voluntary consent order entered 3/14/89. Purs. to paragraph O of the Rules and Procedures for Operation of the Independent Review Board for the Int'l Brotherhood of Teamsters, the IBT has made an application to this Court, seeking approval of the IRB's decision in this matter. Having carefully reviewed the IRB's opinion, as well as the exhibits attached thereto, I find that the IRB's decision is not arbitrary or capricious. Accordingly, the decision of the IRB is affirmed in all respects ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 10, 1995 Filing 2256 Transcript of record of proceedings filed for dates of 12/29/94 (emil)
February 8, 1995 Opinion or Order Filing 2255 STIPULATION and ORDER, implementing paragraph 12(D)(ix) of the March 19, 1989 Consent Decree ( signed by Judge David N. Edelstein ). (emil)
February 2, 1995 Filing 2254 Quarterly Report IX of the Independent Review Board under the consent order Article G. "Report to the Court" (emil)
January 13, 1995 Filing 2253 Letter filed by Int'l Bro. of Teamsters dated 1/11/95 re Government's letter to Judge Edelstein dated 1/10/95 (emil)
January 11, 1995 Filing 2252 Letter filed by United States of Ame dated 1/10/95 re Consent Decree for an order requiring the use of mail balloting in all direct rank-and-file elections mandated by the 3/14/89 Consent Decree (emil)
January 11, 1995 Opinion or Order Filing 2251 OPINION AND ORDER # 74181, Modifying paragraph 12(D)(viii) of the Consent Decree,.... SO ORDERED: ( Signed by Judge David N. Edelstein ) (ae)
January 9, 1995 Filing 2250 Decision of the Independent Review Board re: Edward Garafola (emil)
January 9, 1995 Filing 2249 APPLICATION XVII of the Independent Review Board -- Decision of the Independent Review Board in the matter of the hearing of Edward Garafola (emil)
December 22, 1994 Opinion or Order Filing 2248 STIPULATION and ORDER, regarding modification of paragraph 12(D) of the 3/19/89 Consent Decree ( signed by Judge David N. Edelstein ). (emil)
December 15, 1994 Opinion or Order Filing 2247 MEMORANDUM ORDER.... denying [2245-1] motion for an order granting him power to issue Subpoenas in connection with an IRB Hearing on charges against him. ( Signed by Judge David N. Edelstein ); Copies mailed. (kk)
December 15, 1994 Filing 2246 RESPONSE by Int'l Bro. of Teamst Re: [2243-1] remark (dvg)
December 12, 1994 Filing 2245 NOTICE OF MOTION by Robert T. Simpson Jr. for an order granting him power to issue Subpoenas in connection with an IRB Hearing on charges against him. , Return date 12/15/94. Affidavit of Peter C. McCabe III attached in support. (dvg) Modified on 12/14/1994
December 9, 1994 Filing 2244 MEMORANDUM by United States of Ame in support of Government's APplication Pur. to Paragraph 16 of the March 14, 1989 Consent Decree... (kk)
December 9, 1994 Filing 2243 Government's Application pur. to Paragraph 16 of the March 14, 1989 Consent Decree.. (kk)
December 9, 1994 Filing 2242 Joint Application Pursuant to Paragraphs 16 and 17 of the March 14, 1989 Consent Decree (kk)
December 9, 1994 Filing 2241 DECLARATION of Amy Gladstein AUSA (kk)
December 9, 1994 Filing 2240 DECLARATION of Christine H. Chung AUSA Re: in supportof the Joint Application of the Government and the IBT (kk)
December 7, 1994 Opinion or Order Filing 2239 MEMORANDUM & ORDER... I find tha thte IRB's decision is not arbitrary or capricious. Accordingly, the decision of the IRB is affirmed in its entirety... ( Signed by Judge David N. Edelstein ); Copies mailed. (kk)
December 1, 1994 Filing 2238 Notice that the 1st supplemetal record on appeal has been certified and transmitted to the U.S. Court of Appeals (cd)
November 16, 1994 Opinion or Order Filing 2237 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges against William F. Genoese Sr. ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 10, 1994 Opinion or Order Filing 2236 ORDER/AFFIDAVIT AND AGREEMENT, regarding resolution of charges made against Dominic Vulpis ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 10, 1994 Filing 2235 Quarterly Report VIII of the Independent Review Board under the Consent Order Article G. "Report to the Court". (emil)
October 24, 1994 Opinion or Order Memo endorsed on motion; denying [2225-1] motion for an order fixing documents in record on appeal. Denied w/ leave to refile in the proper form within 10 days of the date of this order ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
October 20, 1994 Filing 2234 Letter filed dated 3/9/94 re errors contained in Lawrence Kelly's affirmation (emil) Modified on 10/24/1994
October 20, 1994 Filing 2233 Letter filed dated 2/24/94 re Apellant Long's motion papers (emil) Modified on 10/24/1994
October 20, 1994 Filing 2232 Letter filed dated 9/3/93 re opposition to motion for reconsideration and reargument submitted by pltff/resp. Long(emil) Modified on 10/24/1994
October 19, 1994 Opinion or Order Filing 2231 MEMORANDUM & ORDER, the decision of the IRB (in re Application XI) is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
October 18, 1994 Filing 2230 Letter dated 8/25/94 addressed to Judge Edelstein from Christine H. Chung (emil)
October 18, 1994 Filing 2229 Letter dated 9/16/94 addressed to Judge Edelstein from Robert W. Gaffey (emil)
October 18, 1994 Filing 2228 Letter dated 9/7/94 addressed to James R. Parkison from Robert W. Gaffey (emil)
October 18, 1994 Filing 2227 Letter dated 8/23/94 addressed to Judge Edelstein from Robert W. Gaffey (emil)
October 18, 1994 Filing 2226 Letter addressed to Robert W. Gaffey from Lawrence V. Kelly dated 8/15/94 (emil)
October 1, 1994 Filing 2225 NOTICE OF MOTION by John F. Long for an order fixing documents in record on appeal , Return date 10/17/94. Affirmation in support attached. Fld in night deposit on 10/1/94 at 12:55 a.m. (emil)
September 22, 1994 Opinion or Order Filing 2224 ORDER, the decision of the IRB (regarding disciplinary charges brought against John Charles Zanocchio) is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
September 20, 1994 Opinion or Order Memo endorsed on motion; denying [2222-1] motion for an order fixing documents in record on appeal. Motion denied w/ leave to refile in the proper form within ten days of the date of this order ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
September 15, 1994 Filing 2223 MANDATE OF USCA (certified copy) Re: [2192-1] appeal: It is now hereby ordered, adjudged and decreed that the judgment of the district court be and it hereby is affirmed. GEORGE LANGE III, Clerk, U.S.C.A. (em)
September 10, 1994 Filing 2222 NOTICE OF MOTION by John Long for an order fixing documents in record on appeal , Return date 9/28/94. Fld in night deposit on 9/10/94 at 9:24 p.m. (emil)
September 9, 1994 Filing 2221 AFFIDAVIT of Perry Scalza Re: Agreement between the Independent Review Board and Perry Scalza (emil)
September 9, 1994 Filing 2220 AFFIDAVIT of Robert Scalza Re: Agreement between the Independent Review Board and Robert Scalza (emil)
September 9, 1994 Filing 2219 AFFIDAVIT of Richard Scalza Re: agreement between the Independent Review Board and Richard Scalza (emil)
September 9, 1994 Filing 2218 APPLICATION XIII of the Independent Review Board -- Agreements between the Independent Review Board and Perry Scalza, Richard Scalza and Robert Scalza (emil)
September 7, 1994 Filing 2217 EXHIBIT V of V docketed purs. to Judge Edelstein's order dated 8/31/94. (emil)
September 7, 1994 Filing 2216 EXHIBIT IV of V docketed purs. to Judge Edelstein's Order dated 8/31/94 (emil)
September 7, 1994 Filing 2215 EXHIBIT III of V docketed purs. to Judge Edelstein's order dated 8/31/94 (emil)
September 7, 1994 Filing 2214 EXHIBIT II of V docketed purs. to Judge Edelstein's order dated 8/31/94 (emil)
September 7, 1994 Filing 2213 EXIBIT I of V filed purs. to Judge Edelstein's order dated 8/31/94. (emil)
September 6, 1994 Filing 2212 OPINION of the Independent Review Board in re: Armando Rea (emil)
September 6, 1994 Filing 2211 APPLICATION XI of the Independent Review Board -- Opinion of the Independent Review Board in the matter of the hearing of Armando Rea. (emil)
September 6, 1994 Filing 2210 Opinion of the Independent Review Board in re: Anthony Michael Senter (emil)
September 6, 1994 Filing 2209 APPLICATION XII of the Independent Review Board --Opinion of the Independent Review Board in the matter of the hearing of Anthony Michael Senter (emil)
August 31, 1994 Opinion or Order Memo endorsed on motion; granting in part, denying in part [2208-1] motion for an order: designating those documents listed and described in Exhibit #4 annexed to the affirmation of Lawrence Vincent Kelly as the documents constituting the Record on Appeal on the appeal to the USDC, 2nd Circuit on the appeal entilted USA -v- IBT, Docket #94-6138; directing Investigations Officer Charles M. Carberry and Independent Administrator Frederick B. Lacey, appellees on said appeal to certify to the Court in writing whether or not "Hearing Exhibits 10-1" through "10-59" as well as "10-60" through "10-65", inclusive, described in the Kelly Affirmation were either filed w/ the Clerk of this Court, or submitted to Judge Edelstein by either said Investigations Officer or said Independent Administrator in connection w/ Application LXXXII of the Independent Administrator constituting the subject matter of the aforesaid appeal, and, if so filed or submitted by either of said parties, further directing the latter to further certify to the Clerk of the Court said date of filing or submission; directing Charles M. Carberry and/or Frederick B. Lacey -- in the events that the aforesaid "Hearing Exhibits" numbered "10-1" through "10-65" inclusive, or any the said exhibits were so filed or submitted by either of them and as so cert. by them as directed, and that those exhibits so filed or submitted cannot be found by either the Office of the Clerk of the Court or Chambers -- to forthwith provide to the Clerk of the Court duplicate copies of any such exhibits so filed or submitted for inclusion in the Record on Appeal; designating those documents listed and described in Exhibit #5 as the documents constituting the Record on Appeal to the USCA, 2nd Circuit on the appeal entitled Long -v- Carberry, Docket #94-6140; directing the Clerk of this Court to also include in the Record on Appeal on the appeal entitled Long -v- Carberry the missing exhibits numbered "70" through "122" to the renewed motion filed by John Long on 2/23/94 and directing the Clerk of the Court further, in the event those missing exhibits cannot be found by the Clerk's Office, to accept for filing by said appellant's atty and for inclusion in the Record on Appeal in Long -v- Carberry duplicate copies of those exhibits as provided by said atty and so certified by the latter in writing as duplicate copies thereof. The Motion is resolved as follows: The Investigations Officer is hereby directed to transmit copies of the exhibits idenitified as Hearing Officer exhibits I0-1 through I0-65 to the Clerk of the Court for filing in United States v. IBT, 88 CV 4486 DNE. Mr. Long's other requests for inclusion of documents in the record on appeal are denied without prejudice to file new motions within 10 days of the date of this order. If Mr. Long files new motions within 10 days of the date of this Order, Mr. Long must file a separate motion for each action that he intends to appeal ( signed by Judge David N. Edelstein ); Copies mailed. (emil)
August 16, 1994 Filing 2208 NOTICE OF MOTION by John Long for an order: designating those documents listed and described in Exhibit #4 annexed to the affirmation of Lawrence Vincent Kelly as the documents constituting the Record on Appeal on the appeal to the USDC, 2nd Circuit on the appeal entilted USA -v- IBT, Docket #94-6138; directing Investigations Officer Charles M. Carberry and Independent Administrator Frederick B. Lacey, appellees on said appeal to certify to the Court in writing whether or not "Hearing Exhibits 10-1" through "10-59" as well as "10-60" through "10-65", inclusive, described in the Kelly Affirmation were either filed w/ the Clerk of this Court, or submitted to Judge Edelstein by either said Investigations Officer or said Independent Administrator in connection w/ Application LXXXII of the Independent Administrator constituting the subject matter of the aforesaid appeal, and, if so filed or submitted by either of said parties, further directing the latter to further certify to the Clerk of the Court said date of filing or submission; directing Charles M. Carberry and/or Frederick B. Lacey -- in the events that the aforesaid "Hearing Exhibits" numbered "10-1" through "10-65" inclusive, or any the said exhibits were so filed or submitted by either of them and as so cert. by them as directed, and that those exhibits so filed or submitted cannot be found by either the Office of the Clerk of the Court or Chambers -- to forthwith provide to the Clerk of the Court duplicate copies of any such exhibits so filed or submitted for inclusion in the Record on Appeal; designating those documents listed and described in Exhibit #5 as the documents constituting the Record on Appeal to the USCA, 2nd Circuit on the appeal entitled Long -v- Carberry, Docket #94-6140; directing the Clerk of this Court to also include in the Record on Appeal on the appeal entitled Long -v- Carberry the missing exhibits numbered "70" through "122" to the renewed motion filed by John Long on 2/23/94 and directing the Clerk of the Court further, in the event those missing exhibits cannot be found by the Clerk's Office, to accept for filing by said appellant's atty and for inclusion in the Record on Appeal in Long -v- Carberry duplicate copies of those exhibits as provided by said atty and so certified by the latter in writing as duplicate copies thereof , Return date 8/26/94. Affirmation in support attached. (emil)
August 15, 1994 Opinion or Order Filing 2207 AFFIDAVIT of William Cardinale & ORDER, regarding agreement that Mr. Cardinale has made to resolve the charges against him ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 10, 1994 Filing 2206 Quarterly Report VII of the Independent Review Board under the consent order article G. "Report to the Court". (emil)
August 1, 1994 Filing 2205 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals. (emil)
July 13, 1994 Opinion or Order Filing 2204 ORDER, Application VIII is rejected and returned unsigned, w/ leave to resubmit in a form that conforms w/ these requirements ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 12, 1994 Filing 2203 Copy of AFFIDAVIT of Richard Scalza Re: his withdrawal from membership in Local 819, IBT and the IBT (emil)
July 12, 1994 Filing 2202 Copy of AFFIDAVIT of Perry Scalza Re: his withdrawal from membership in Local 819, IBT and the IBT (emil)
July 12, 1994 Filing 2201 Copy of AFFIDAVIT of Robert Scalza Re: his withdrawal from membership in Local 819, IBT and the IBT (emil) Modified on 07/13/1994
July 12, 1994 Filing 2200 APPLICATION VIII of the Independent Review Board -- Agreements between the Independent Review Board and Perry Scalza, Richard Scalza and Robert Scalza (emil)
July 1, 1994 Opinion or Order Filing 2199 ORDER/AFFIDAVIT AND AGREEMENT, regarding resignation of Robert Rabbitt, Sr. ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 1, 1994 Filing 2198 OPINION of the Independent Review Board (emil)
July 1, 1994 Filing 2197 APPLICATION IX of the Independent Review Board -- Opinion of the Independent Review Board in the matter of the hearing of John Charles Zancocchio (emil)
June 28, 1994 Opinion or Order Filing 2196 STIPULATION and ORDER, regarding March 21, 1994 application of deft International Brotherhood of Teamsters ( signed by Judge David N. Edelstein ). (emil)
June 21, 1994 Opinion or Order Filing 2195 ORDER, regarding affidavit and agreement of Anthony Razza to resign from the IBT and from all positions w/ Local 851 and all IBT Entitites ( signed by Judge David N. Edelstein ); Copies mailed (emil)
June 3, 1994 Opinion or Order Filing 2194 ORDER, the decision of the IRB is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
May 24, 1994 Filing 2193 Quarterly Report VI of the Independent Review Board under the Consent Order Article G. "Report to the Court" (emil)
May 23, 1994 Notice of appeal and certified copy of docket to USCA: [2192-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
May 20, 1994 Filing 2192 NOTICE OF APPEAL of respondent John Long ; from memorandum order dtd: 4/26/94 denying respondent's motion. Copies of notice of appeal mailed to Attorney(s) of Record: Lisa Shrewsbury, Richard Hartz, Steven Bennett, Robert Gaffey, William Metcalf, Earl Brown, . (jf)
May 17, 1994 Filing 2191 MANDATE OF USCA (certified copy) Re: [2115-1] appeal: It is ordered, adjudged and decreed that the judgment of the District Court be and it hereby is affirmed in accordance with the opinion of this court with costs to be taxed against the appellant. GEORGE LANGE III, Clerk, U.S.C.A. (em)
May 9, 1994 Opinion or Order Filing 2190 ORDER, the decision of the IRB is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
April 11, 1994 Filing 2189 MANDATE OF USCA (certified copy) Re: [2163-1] appeal of John Long is dismissed (emil)
April 7, 1994 Filing 2188 MANDATE OF USCA (certified copy) Re: [2125-1] appeal. The judgment of the district court is affirmed (emil)
March 22, 1994 Filing 2187 Application and First Amended Complaint of IBT (emil)
February 28, 1994 Filing 2186 QUARTERLY REPORT XVIII of the Independent Administrator under the Consent Order Article F.12. "Report to the Court" (emil)
February 28, 1994 Filing 2185 Letter filed addressed to Judge Edelstein from Amy Gladstein dated 2/16/94 re to bring to Judge Edelstein's attention a matter w/ respect to the storage of certain files related to the 1991 IBT Internation Union OFficer and Delegate election (emil)
February 28, 1994 Filing 2184 Letter filed addressed to Judge Edelstein from Michael H. Holland dated 2/15/94 re to join in, confirm and to support Ms. Amy Gladstein's correspondence of this date w/ respect to the inadvertent destruction of certain 1991 International Union Officer and Delegate election records (emil)
February 17, 1994 Opinion or Order Filing 2182 STIPULATION and ORDER, regarding 1/6/94 application of deft IBT ( signed by Judge John F. Keenan ). (emil)
February 17, 1994 Notice of Appeal of Lawrence Brennan from Order dated February 14, 1994 denying his request for a Temporary Restraining Order and Preliminary Injunction, (Docketed in: 94 Civ 0072.) (em)
February 14, 1994 Filing 2183 MANDATE OF USCA (certified copy) Re: [2126-1] appeal. The Order of the district court is affirmed in accordance w/ the opinion of this court w/ costs to be taxed against the appellant (emil)
February 9, 1994 Filing 2181 QUARTERLY REPORT V of the Independent Review Board under the consent order Article G. "Report to the Court". (emil)
February 9, 1994 Filing 2180 OPINION of the Independent Review Board regarding charges against IBT President and principal officer Maureen Ruane (emil)
February 9, 1994 Filing 2179 OPINION of the Independent Review Board regarding charges against Patrick C. Dellorusso (emil)
February 9, 1994 Filing 2178 APPLICATION V of the Independent Review Board -- Opinion of the Independent Review Board in the matter of the hearing of Maureen Ruane. (emil)
February 9, 1994 Filing 2177 APPLICATION IV of the Independent Review Board -- Opinion of the Independent Review Board in the matter of the hearing of Patrick C. Dellorusso (emil)
February 4, 1994 Filing 2176 Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals. (emil)
February 3, 1994 Filing 2175 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: (jf)
February 2, 1994 Opinion or Order Filing 2174 ORDER, the Independent Review Board's application seeking approval of its decision that compromise agreements approved by the IRB should be submitted to this Court for review and, if approved by the Court, entered as orders of the Court, is granted ( signed by Judge David N. Edelstein ); Copies mailed (emil)
February 2, 1994 Filing 2173 Letter filed by Int'l Bro. of Teamsters dated 2/1/94 in re: Application I of the Independent Review Board Filing of Compromise Agreements - 8/16/93 (emil)
February 2, 1994 Filing 2172 Letter filed by United States of America dated 9/21/93 in re: in support of the Independent Review Board's Application I concerning filing of compromise agreements (emil)
February 1, 1994 Opinion or Order Filing 2171 STIPULATION and ORDER, as to contents of the record on appeal re: Docket Nos. 94-6004 and 94-6006 ( signed by Judge David N. Edelstein ). (emil)
February 1, 1994 Opinion or Order Filing 2170 STIPULATION and ORDER, copies of exhibits shall be used, in lieu of the originals, and retained by counsel for the purposes of appeal re: Docket Nos. 94-6004 and 94-6006 ( signed by Judge David N. Edelstein ). (emil)
January 24, 1994 Filing 2169 Fld true copy of ERRATA sheet from USCA, 2nd Circuit (emil)
January 13, 1994 Filing 2168 MANDATE OF USCA (certified copy) Re: [2089-1] appeal by Int'l Bhd of Teamste. The order of the district court is affirmed in accordance w/ the opinion of this Court. The parties shall bear their own costs (emil)
January 6, 1994 Filing 2167 IBT's APPLICATION for declaratory relief arising under Section 301 of the Labor Mgmt. Relations Act, 29 USC 185, Section 101(a)(3) of the Labor Mgmt. Reporting and Disclosure Act 29 USC 411(a)(3). The IBT seeks a declaration that a general membership, secret ballot, mail referendum vote on constitutional amendments concerning a proposed dues increase and change in the per capita tax, directed by IBT General President Ron Carey purs. to his authority under the IBT Constitution and approved on 1/5/93, in a resolution of the IBT General Executive Board, attached as Exhibit A, is valid and consistent w/ the Consent Decree and the IBT Corporation (emil)
January 3, 1994 Notice of appeal and certified copy of docket to USCA: [2166-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
January 3, 1994 Notice of appeal and certified copy of docket to USCA: [2165-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
December 29, 1993 Filing 2166 NOTICE OF APPEAL of Barbara Walden; Gerald Yontek; William Jurevicious; Paul La Buda; Ed Thomas; John Letner; Daniel Kolar,; Rudy Nativio; Stephen Kapelka; Philip Lukic; and Doug Schuetz ; from [2164-1] order Respondents' objections to the Independent Administrator's decision are overruled. The decision of the Independent Administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately . Copies of notice of appeal mailed to Attorney(s) of Record: Frederick Lacey; Charles Carberry; Celia Zahner; Richard Gilberg; Steven Bennett; Leonard Yelsky . (jf)
December 28, 1993 Filing 2165 NOTICE OF APPEAL of Harold Friedman ; from [2164-1] order Respondents' objections to the Independent Administrator's decision are overruled. The decision of the Independent Administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately . Copies of notice of appeal mailed to Attorney(s) of Record: Frederick Lacey; Charles Carberry; Celia Zahner; Richard Gilbert; Steven Bennett; and J. Michael Murray . (jf)
November 30, 1993 Filing 2164 MEMORANDUM OPINION # 72431, Respondents' objections to the Independent Administrator's decision are overruled. The decision of the Independent Administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
November 19, 1993 Filing 2163 Appeal of resp. John Long reinstated. USCA NUMBER: 93-6240 (emil)
November 16, 1993 Filing 2162 AFFIDAVIT & AGREEMENT, approval of affidavit and agreement which was made to resolve the charges brought against Peter Agliata ( signed by Judge David N. Edelstein ); Copies mailed (emil)
November 12, 1993 Filing 2161 NOTICE OF APPEAL of Respondent John Long ; from memorandum order dtd: 10/13/93 denying respondent's timely filed motion pur. to Rule 59(e) . Copies of notice of appeal mailed to Attorney(s) of Record: Lisa Shrewsbury; Rischard Hartz; Steven Bennett; Jeffrey Tolk; Cohen Weiss and Simon; Office of the Independant Admin.; Earl Brown . (jf)
November 9, 1993 Filing 2160 Quarterly Report IV of the Independent Review Board under the consent order Article G. "Report to the Court". (emil)
November 3, 1993 Filing 2159 APPLICATION II of the Independent Review Board (emil)
October 19, 1993 Filing 2158 Quarterly Report XVII of the Independent Administrator under the Consent Order Article F.12. "Report to the Court" (emil)
October 19, 1993 Filing 2157 MANDATE OF USCA (certified copy) Re: appeal by Long is dismissed without prejudice to appealing following entry of order by Dist. Court on Long's motion for reconsideration (emil)
October 15, 1993 Filing 2155 Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals (emil)
October 14, 1993 Filing 2156 Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [2141-1] appeal (emil)
October 14, 1993 Opinion or Order Filing 2154 STIPULATION and ORDER AS TO THE CONTENTS OF THE RECORD ON APPEAL... That the following items shall be included in the Record on Appeal: The certified docket entries; the consent decree dated 3-14-89; the charges against Respondent 5-14-92; transcript of hearing before the Independent Administrator, June 29, 1992; Investigations Officer Hearing Exhibits Nos 1-26; Respondent's hearing exhibits Nos. 27-34; Decision of the Independent Administrator dated 1-20-93; Application CVI by the Independent, dated 1-20-93; Brief of DiGiralamo in Opposition to the Decision of the Independent Administrator dated 2-8-93. Letter from the U.S. Atty in support of Application, dated 2-23-93. Investigations Officers Memorandum in Support of Independent Adminstrator's Application dated 2-24-93; Respondents Supplemental Memorandum in Opposition dated 3-4-93; Additional respondents Exhibits A-G(filed with the District Clerk as an Appendix to Respondent's Supplemental Memorandum. Investigations Officer's Supplemental Memorandum dated June 10, 1993.. Letter from U.S. Atty in further support of Application dated 6-15-93.. Opinion and Order of Judge Edelstein dated 6-22-93... Notice of Appeal filed July 19, 1993. ( signed by Judge David N. Edelstein ). Copies mailed. (kk)
October 8, 1993 Filing 2152 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [2125-1] appeal (emil)
October 8, 1993 Filing 2151 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals (emil)
September 29, 1993 Filing 2146 MANDATE OF USCA (certified copy) Re: appeal by Roadway Express. The judgment of the district court is reversed in accordance w/ the opinion of this court (emil)
September 21, 1993 Filing 2145 MANDATE OF USCA (certified copy) Re: motion for a stay, or in the alternative, accelerate the appeal, is withdrawn, in light of the entry of the following scheduling order: record on appeal shall be filed by 9/20/93; appellant's brief and the Joint Appendix shall be filed by 9/20/93; appellees briefs shall be filed by 10/12/93; oral argument as early as the week of 11/1/93. It is recommended that this appeal be heard as soon after 11/1/93 as possible, consistent w/ the Court's calendar (emil)
September 17, 1993 Filing 2144 Transcript of record of proceedings filed for dates of 6/23/93 (tr)
September 15, 1993 Opinion or Order Filing 2143 ORDER, the decision of the Independent Administrator is affirmed in its entirety. The stay imposed by the Independent Administrator is dissolved ( signed by Judge David N. Edelstein ); Copies mailed (emil)
September 2, 1993 Filing 2142 MEMORANDUM OPINION # 72037, Gregory J. Rasczyk's and Gary L. Richardson's objections to the Independent Administrator's decision are denied. Gregory J. Rasczyk's and Gary L. Richardson's recusal motion is denied. The decision of the Independent Administrator is affirmed in its entirety as to all respondents. Effective immediately, the stay of penalties imposed by the Independent Administrator is dissolved ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
September 2, 1993 Filing 2140 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals. (emil)
September 1, 1993 Filing 2141 NOTICE OF APPEAL ; from [2124-1] order the decision of the Independent Administrator is affirmed in its entirety . Copies of notice of appeal mailed to Attorney(s) of Record: Paul Liggio; D'Amato & Lynch; Anderson, Kill, Olick & Oshinsky; U.S. Atty, SDNY; Jones, Day, Reavis & Pogue; Cohen, Weiss & Simon; Office of the Independent Administrator; Earl V. Brown. Appeal record due on 10/1/93 (emil)
August 31, 1993 Filing 2139 Transcript of record of proceedings filed for dates of 4/1/93 (rag)
August 19, 1993 Filing 2138 Filed Memo-Endorsement on letter dated 8/10/93 that the Independent Administrator's request for permission to produce documents in connection w/ Mr. Alfred E. Lawson's suit against the IBT is granted ( signed by Judge David N. Edelstein ) (emil)
August 19, 1993 Opinion or Order Filing 2137 ORDER, The Independent Administrator's Application is granted in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 18, 1993 Opinion or Order Filing 2136 ORDER denying [2128-1] motion to stay the 7/13/93 Order pending the disposition of the Resp.'s appeal to the Court of Appeals, 2nd Circuit ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 18, 1993 Filing 2135 Copy of Supplemental Decision of the Independent Administrator (emil)
August 18, 1993 Filing 2134 Application I of the Independent Review Board -- Filing of Compromise Agreements (emil)
August 18, 1993 Filing 2133 Quarterly Report III of the Independent Review Board under the Consent Order Article G. "Report to the Court". (emil)
August 16, 1993 Filing 2132 MANDATE OF USCA (certified copy) Re: the Judgment of the district court is affirmed in party, reversed in part and remanded to the district court for further proceedings in accordance w/ the opinion of this court. The parties shall bear their own costs (emil)
August 12, 1993 Filing 2131 MEMORANDUM of Investigations Officer in opposition to [2128-1] motion to stay the 7/13/93 Order pending the disposition of the Resp.'s appeal to the Court of Appeals, 2nd Circuit (emil)
August 12, 1993 Filing 2130 CERTIFICATION in support of Arnold Ross Re: [2128-1] motion to stay the 7/13/93 Order pending the disposition of the Resp.'s appeal to the Court of Appeals, 2nd Circuit (emil)
August 12, 1993 Filing 2129 BRIEF of Arnold Ross in support re: [2128-1] motion to stay the 7/13/93 Order pending the disposition of the Resp.'s appeal to the Court of Appeals, 2nd Circuit (emil) Modified on 08/12/1993
August 12, 1993 Filing 2128 NOTICE OF MOTION by Arnold Ross to stay the 7/13/93 Order pending the disposition of the Resp.'s appeal to the Court of Appeals, 2nd Circuit , Return date 8/27/93 (emil)
August 11, 1993 Filing 2127 MEMORANDUM OPINION # 71928, respondents' objections to the Independent Administrator's decision are denied. The decision of the Independent Administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
August 6, 1993 Filing 2126 NOTICE OF APPEAL ; from [2097-1] order that M. Abrego's, R.. Ottman's, L. McKay's, W. Cahill's, S. Brechner's, and W. Simmons' objections to the Independent Administrator's Supplemental decision are denied and the stay of penalties imposed by the Independent Administrator is dissolved . Copies of notice of appeal mailed to Attorney(s) of Record: Jones, Day Reavis & Pogue; Mary Jo White, U.S. Atty. Appeal record due on 9/6/93 (emil)
August 4, 1993 Filing 2125 NOTICE OF APPEAL ; from [2112-1] order Mr. Ross' objections to the Independent Amdinistrator's decision are denied. The decision of the Independent Adminstrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately . Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 9/3/93 (emil)
August 2, 1993 Opinion or Order Filing 2124 ORDER, the decision of the Independent Administrator is affirmed in its entirety ( signed by Judge David N. Edelstein ); Copies mailed (emil)
August 2, 1993 Filing 2123 CERTIFICATE OF SERVICE of Application LXXXII upon Lawrence V. Kelly by UPS on 7/6/93 (emil)
August 2, 1993 Filing 2122 Letter filed by United States of Ame dated 5/21/93 re support of the Independent Administrator's Application CXIV concerning disciplinary sanctions (emil)
August 2, 1993 Filing 2121 Letter filed dated 5/7/93 re hearing before Independent Administrator (emil)
August 2, 1993 Filing 2120 APPLICATION CXIV by the Independent Administrator under the consent order dated March 14,1989 - decision of the Independent Administrator in the matter of Investigation Officer V. Raimondi & Bertino. (emil)
July 28, 1993 Opinion or Order Filing 2119 ORDER, the Rules, attached as Exhibit A and modified in accordance w/ the Second Circuit's decision, shall constitute the Rules and Procedures for Operation of the Independent Review Board of the International Brotherhood of Teamsters. These Rules are effective immediately. The IBT, all subordinate entities of the IBT, and all members of the IBT are bound by the Rules as contained in Exhibit A ( signed by Judge David N. Edelstein ); Copies mailed (emil)
July 22, 1993 Filing 2118 APPLICATION CXVIII by the Independent Administrator under the Consent Order dated 3/14/89 -- Decision of the Independent Administrator in the matter of the offices of Local 810 (emil)
July 22, 1993 Filing 2117 DECISION of the Independent Adminstrator (emil)
July 21, 1993 Filing 2116 MEMORANDUM of Investigation Officer in support of the Independent Administrator's Application CXVII (emil)
July 21, 1993 Notice of appeal and certified copy of docket to USCA: [2115-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
July 20, 1993 Filing 2114 Quarterly Report XVI of the Independent Administrator under the consent order Article F.12. "Report to the Court" (emil)
July 19, 1993 Filing 2115 NOTICE OF APPEAL from Nicholas DiGirlamo ; from [2105-1] order the decision is affirmed and respondnet's application for a stay is denied. . Copies of notice of appeal mailed to Attorney(s) of Record: US Atty SDNY; Charles Carberry . (jf)
July 15, 1993 Filing 2113 MANDATE OF USCA (certified copy) Re: [2090-1] appeal is withdrawn, without costs and without attys' fees. Burke and Wolchok retain the right to appeal from the 6/10/93 ruling and to challenge therein the 3/5/93 ruling as to them (emil) Modified on 07/15/1993
July 13, 1993 Filing 2112 MEMORANDUM OPINION # 71771, Mr. Ross' objections to the Independent Amdinistrator's decision are denied. The decision of the Independent Adminstrator is affirmed in its entirety. In addition, the stay of penalties imposed by the Independent Administrator is dissolved, effective immediately ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
July 12, 1993 Notice of appeal and certified copy of docket to USCA: [2111-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
July 9, 1993 Filing 2111 NOTICE OF APPEAL ; from [2097-1] order that M. Abrego's, R.. Ottman's, L. McKay's, W. Cahill's, S. Brechner's, and W. Simmons' objections to the Independent Administrator's Supplemental decision are denied and the stay of penalties imposed by the Independent Administrator is dissolved . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry; Roger Hays; Fredrick Lacey. (jf)
July 7, 1993 Filing 2110 BRIEF of Gerald Yontek, Barbara Walden, William Jurevicius, Paul Labuda, Ed Thomas, John Letner, Daniel Kolar, Rudy Nativio, Stephen Kapelka, Philip Lukic and Doug Scheutz in support of appeal re: Application CXVII by the Independent Administrator under the Consent Order dated 3/14/89--Decision of the Independent Administrator in the matter of Investigations Officer -V- Local Union 507 Officers & Harold Friedman, w/ request for oral argument (emil)
July 7, 1993 Filing 2109 NOTICE OF APPEAL of Gerald Yontek, Barbara Walden, William Jurevicius, Paul LaBuda, Ed Thomas, John Letner, Daniel Kolar, Rudy Nativio, Stephen Kapelka, Philip Lukic and Doug Schuetz to the Court in re: Application CXVII by the Independent Administrator under the Consent Order dated 3/14/89--Decision of the Independent administrator in the matter of Investigations Officer -v- Local Union 507 Officers & Harold Friedman, w/ request for oral argument (emil)
July 7, 1993 Filing 2108 MEMORANDUM of respondent Harold Friedman in opposition to application CXVII (cd)
July 1, 1993 Filing 2107 Letter filed dated 6/22/93 re swearing in of Grant Crandall (cd)
June 30, 1993 Filing 2106 Letter filed by W. Webster, dated 6/22/93 re swearing in ceremony for Grant Crandall. (cd)
June 24, 1993 Filing 2104 fld application CXVII by the independent Administrator under the Consent order of 3/14/89. (cd)
June 24, 1993 Filing 2103 fld decision of the independent administrator that all respondents are free to use their personal funds to continue any particular benefit, pending review by J Edelstein. (cd)
June 24, 1993 Filing 2102 fld oath of office for Amy Gladstein as election officer. (cd)
June 23, 1993 Filing 2105 MEMORANDUM OPINION # 71689 denying [2082-1] respondent's objections to the Independent Administrator's decision the decision is affirmed and respondnet's application for a stay is denied. ( Signed by Judge David N. Edelstein ); Copies mailed. (cd)
June 22, 1993 Filing 2101 fld oath of office for Grant Crandall to the Independent Review Board (cd)
June 22, 1993 Filing 2100 Letter filed dated 6/17/93 by Grant Crandall re appointement to the Independent Review Board. (cd)
June 22, 1993 Filing 2099 Letter filed dated 6/16/93 from J Edelstein to Ron Carey re Crandall appointment (cd)
June 22, 1993 Filing 2098 Letter filed by Int'l Bhd of Teamsters dated 6/14/93 re Grant Crandall for Independent Review Board (cd)
June 10, 1993 Opinion or Order Filing 2097 ORDER, that M. Abrego's, R.. Ottman's, L. McKay's, W. Cahill's, S. Brechner's, and W. Simmons' objections to the Independent Administrator's Supplemental decision are denied and the stay of penalties imposed by the Independent Administrator is dissolved ( signed by Judge David N. Edelstein ); Copies mailed (cd)
June 10, 1993 Filing 2096 MEMORANDUM in support of the independent administrator's application CVI. (cd)
June 7, 1993 Filing 2095 fld application CXVI By the Independent Administrator under the Consent order dated 3/14/89, seeking an order clarifying the 11/10/92, ruling of J. Edelstein. (cd)
May 21, 1993 Filing 2094 MEMORANDUM by the investigation officer's of the Independent Administrator, in support of the Independent Administrator's Application CXIV. (cd) Modified on 05/21/1993
May 18, 1993 Opinion or Order Filing 2093 ORDER, that the election officer Michael H. Holland is authorized to destroy certain election records from the 1991 IBT Intl Union officer and delegate elections specifically including all ballots etc... ( signed by Judge David N. Edelstein ); Copies mailed (cd)
May 5, 1993 Notice of appeal and certified copy of docket to USCA: [2090-1] appeal ; Copy of notice of appeal sent to District Judge. (jf) Modified on 05/05/1993
May 5, 1993 Notice of appeal and certified copy of docket to USCA: [2089-1] appeal by Int'l Bhd of Teamste ; Copy of notice of appeal sent to District Judge. (jf)
May 4, 1993 Opinion or Order Filing 2092 STIPULATION and ORDER, AFFIDAVIT & AGREEMENT that John Agathos, agrees to resign from the IBT and from all positions with local 97 and all IBT Entities, effective upon the date this agreement is approved by the Independent Administrator... ( signed by Judge David N. Edelstein ). (cd) Modified on 05/06/1993
May 4, 1993 Opinion or Order Filing 2091 STIPULATION and ORDER, AFFIDAVIT AND AGREEMENT, that Paul G. Hanoian agrees to resign, effective the date this Agreement is approved, as a member, employee and Secretary/Treasurer of Local 64, as a member of the IBT and from all positions in any IBT Entity ( signed by Judge David N. Edelstein ). (cd) Modified on 05/05/1993
May 4, 1993 Filing 2090 NOTICE OF APPEAL of John Burke and Harold Wolchok ; from [2068-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry and US Atty SDNY . (jf)
May 4, 1993 Filing 2089 NOTICE OF APPEAL by Int'l Bhd of Teamste, AFL-CIO, John Burke, Harold Volchok, Mario Abrego, Robert Ottman, Langston McKay and William Simmons ; from [2068-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry, US ATTY, and Frederick Lacey . (jf)
April 21, 1993 Filing 2088 Fld quarterly report XV of the independent administrator under the consent order artcle F.12. "report to the court" (cd)
April 21, 1993 Filing 2087 Fld quarterly report II of the Independent review board under the consent order artcle G. "report to the court" (cd)
April 16, 1993 Filing 2086 Fld decision of the Independent Administrator,that the Invewstigations Officer has met his just cause burden of proving the charges against the Respondents. (cd)
April 16, 1993 Filing 2085 Fld Application CXIV, by the independent administrator under the consent order dated 3/14/89-- decision of the independent administrator in the matter of the Hearing of Lucien Senese, William Raimondi and James Bertino. (cd)
April 15, 1993 Filing 2084 Letter filed by United States of America dated 3/31/93 re in support of the Independent Administrator's Application CX. (cd)
April 13, 1993 Opinion or Order Filing 2083 ORDER, that by affidavit and agreement, Barry Feinstein, agrees to permanently resign and retire from all of his positions with the International Brotherhood of Teamsters ( signed by Judge David N. Edelstein ); Copies mailed (cd)
April 9, 1993 Filing 2150 Investigations Officer's Exhibits (backstamped and docketed as per Judge Edelstein) (emil)
April 9, 1993 Filing 2149 Investigation Officer's Exhibits (backstamped and docketed as per Judge Edelstein) (emil)
April 9, 1993 Filing 2148 Investigations Officer's Exhibits (backstamped and docketed as per Judge Edelstein) (emil)
April 9, 1993 Filing 2147 Investigations Officer's Exhibits (backstamped and docketed as per Judge Edelstein) (emil)
April 9, 1993 Filing 2082 RESPONDENTS' Objection(s) to Application CXI of the Independent Administrator. (cd) Modified on 04/13/1993
April 8, 1993 Filing 2081 MEMORANDUM in support of [2059-1] Independent Administrator's Apllication CX. (cd)
April 1, 1993 Filing 2080 AFFIDAVIT in support of Michael Holland Re: [2079-1] remark (cd)
April 1, 1993 Filing 2079 Fld joint application by the government and the IBT under the consent order of 3/14/93. (cd)
March 30, 1993 Filing 2078 Fld application by the election officer for fees and expenses under the consent order dated 3/14/89. (cd)
March 26, 1993 Filing 2077 Fld Supplemental Decision of the Independent Administrator, and imposition of penalties is stayed pending review by J. Edlstein. (cd) Modified on 03/29/1993
March 26, 1993 Filing 2076 Fld Aplication CXI by the Independent Administrator under the consent order dated 3/14/93--Supplemental decision independent administrator in the matter of investigations officer v. Burke etal. (cd) Modified on 03/29/1993
March 24, 1993 Filing 2075 MANDATE OF USCA (certified copy) Re: Carberry and Lacey appeal, approving the court-appointed Independent Administrator's decision imposing sanctions and the the order of the district court is affirmed with costs to be taxed agaisnt the appellant. (cd) Modified on 03/26/1993
March 24, 1993 Filing 2074 MEMORANDUM in opposition to application by independent administrator seeking review and affirmation of decision. (cd)
March 19, 1993 Filing 2073 MEMORANDUM in support of [2059-1] the independent administrator's application CIX. (cd)
March 16, 1993 Filing 2072 Letter filed by United States of Ame dated 3/16/93 re in suport of the independent Administrator's Application CIX. (cd)
March 12, 1993 Filing 2070 AFFIDAVIT of Michael Holland Re: [2069-1] remark (cd)
March 12, 1993 Filing 2069 Fld joint application by the govt and the IBT under the consent order dated 3/14/89. (cd)
March 11, 1993 Filing 2071 MANDATE OF USCA (certified copy) Re: that motion for a preference and an expedited appeal from the 2/9/93 opinion and order is denied. (cd)
March 9, 1993 Filing 2068 MEMORANDUM OPINION # 71139, that John Burke's and Harold Wolchok's objections to the independent administrator's decision are denied; Mario Abrego's, Robert Ottman's, Langston McKay's, Walter Cahill's, Saul Brechner's and Walter Simmons' objections to the Independent Administrator's dcision are denied except as to the penalty to be imposed on these respondents; the case is remanded to the independent administrator to reconsider, in light of this opinion, the penalty to be imposed on respondents Abrego, Ottman, McKay, Cahill, Brechner, and Simmons; the decision of the independent administrator is otherwise affirmed; and it effective immediately, the stay of penalties imposed by the independent administrator is dissolved in connection with the penalties imposed on Mr. Burke and Mr. Wolchok. ( Signed by Judge David N. Edelstein ); Copies mailed. (cd) Modified on 03/10/1993
March 9, 1993 Filing 2066 SUPPLEMENTAL MEMORANDUM by Int'l Bhd of Teamsters in opposition to [2059-1] decision of the independent administrator (cd)
March 8, 1993 Filing 2065 Fld exhibits to doc #2064. (cd)
March 8, 1993 Filing 2064 Fld affidavit of respondent Gregory Rasczyk in support of appealk from decision of the independent administrator, dated 2/9/93. (cd)
March 8, 1993 Filing 2063 Fld Notice of Appeal by respondent Gregory Rasczyk to the SDNY from the decision of the independent administrator, dated 2/9/93. (cd)
March 8, 1993 Filing 2062 Fld Notice of Appeal by respondent Gary Richardson to the SDNY from decision of the independent administrator, dated 2/9/93. (cd)
March 5, 1993 Filing 2061 MANDATE OF USCA (certified copy) Re:that Roadway timely appealed from the 9/24/92 opinion and order in Appeal 92-6266 and the 11/24/92 stipulation and order in appeal 93-6022 and it is stipulated that the above-referenced appeal, 92-6266, is withdrawn without costs and without prejudice to 93-6022. (cd)
March 5, 1993 Filing 2060 MANDATE OF USCA (certified copy) Re:cross-motion for dismissal of appeal for lack of appellate jurisdiction is denied (cd)
March 5, 1993 Filing 2059 Fld Application CX by the independent administrator under the consent order dated 3/14/89, decision of the independent administrator in the matter of the hearing of Arnold Ross. (cd)
March 5, 1993 Filing 2058 Fld decision of the independent Administrator, Frederick Lacey, that the imposition of penalties is stayed pending J. Edelstein's review of this decision. (cd)
March 3, 1993 Filing 2057 Notice that the supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals. (cd)
February 26, 1993 Filing 2056 MANDATE OF USCA (certified copy) Re: motion for emergency stay pro tunc of order barring deft from Union membership is denied. (cd)
February 25, 1993 Opinion or Order Filing 2055 JUDGMENT # 93,0453 that the independent administrator's decision in favor of Leroy Ellis against Roadway Express is affirmed in its entirety, and this court's 9/24/92 Opinion and Order is incorporated by reference...Leroy Ellis shall recover from Roadway the sum of $18,409.51, as back wages and benefits; said award of back pay is stayed pending Roadway's appeal to the 2nd circuit Court of Appeals.. ( signed by Judge David N. Edelstein ); Mailed copies and notice of right to appeal. (cd)
February 25, 1993 Filing 2054 Fld Application CIX by the independent administrator under the consent order dated 3/14/89; decision of the independent administrator in the matter of the Hearing of Walter Caldwell, Henry Martinelli, Carl Purpura, Greg Rasczyk and Gary Richardson., to affirm arbitratordecision of 2/9/93. (cd)
February 25, 1993 Filing 2053 Fld decision of the Independent Administrator, Frederick Lacey. (cd)
February 24, 1993 Filing 2052 MEMORANDUM by United States of Ame in support of [2032-1] independent Administrator's Application CVI. (cd)
February 23, 1993 Filing 2050 Fld Quarterly Report 1 of the Independent Review Board Under the Consent Article G. "Report to the Court" (cd)
February 18, 1993 Filing 2051 MANDATE OF USCA (certified copy) Re: appeal of Consolidated Freightways Corp is denied and the the order of the district court is AFFIRMED. Attached is Bill of Costs, docketed as judgment #93,0428 for appellee in the amount of $266.05, for costs of printing brief and Billof Costs #93,0431 for appellees Walker and Potter in the amount of $63.80 for costs of copying the brief. (cd) Modified on 02/24/1993
February 16, 1993 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: not specified as to which appeal. (cd)
February 16, 1993 Filing 2048 AFFIDAVIT of Daniel Ligurotis by Int'l Bhd of Teamste Re: union severence plan. (cd)
February 16, 1993 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: in re XCI (cd)
February 11, 1993 Opinion or Order Filing 2049 MEMORANDUM & ORDER that the order to show cause is returned unsigned and the petition for a stay is denied, regarding the Opinion of 2/9/93.( signed by Judge David N. Edelstein ); Copies mailed (cd)
February 11, 1993 Filing 2047 NOTICE OF APPEAL by Daniel C. Ligurotis ; from [2044-1] order that Mr. Ligurotis' objections to the independent administrator's decision are denied. The decision of the indendent administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the independent administrator is dissolved, effective immediately. . Copies of notice of appeal mailed to Attorney(s) of Record: Robert S. Hayes, U.S. Atty, Charles Carberry of Jones Day Reavis & Pogue. Appeal record due on 3/13/93 (emil) Modified on 02/16/1993
February 11, 1993 Opinion or Order Filing 2046 ORDER, affidavit and agreement of Joseph Bernstein ( signed by Judge David N. Edelstein ); Copies mailed (cd)
February 11, 1993 Opinion or Order Filing 2045 ORDER, affidavit and aggreement of Dennis Vandenbergen... ( signed by Judge David N. Edelstein ); Copies mailed (cd)
February 9, 1993 Filing 2044 MEMORANDUM OPINION # 71043, that Mr. Ligurotis' objections to the independent administrator's decision are denied. The decision of the indendent administrator is affirmed in its entirety. In addition, the stay of penalties imposed by the independent administrator is dissolved, effective immediately. ( Signed by Judge David N. Edelstein ); Copies mailed. (cd)
February 5, 1993 Opinion or Order Filing 2043 STIPULATION and ORDER, that the order issued by the court on 10/15/92 staying the local 493 officer election is dissolved. ( signed by Judge David N. Edelstein ). (cd)
February 5, 1993 Opinion or Order Filing 2042 ORDER, that the local 493 Trustee shall immediately send a notice in a form substantially similar to the annexed notice. ( signed by Judge David N. Edelstein ); Copies mailed (cd)
February 4, 1993 Filing 2041 NOTICE OF APPEAL of Bernard Adelstein ; from order dtd: 12/10/92 . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry . (jf)
February 4, 1993 Notice of appeal and certified copy of docket to USCA: [2041-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
February 2, 1993 Notice of appeal and certified copy of docket to USCA: [2040-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
January 29, 1993 Filing 2040 NOTICE OF APPEAL of Barry Feinstein ; from [2036-1] order the temporary restraining order and the order to show cause are rejected and returned unsigned . Copies of notice of appeal mailed to Attorney(s) of Record: Steven Bennett; Ron Carey; Richard Gilberg; Charles Carberry; Frederick Lacey . (jf)
January 29, 1993 Filing 2039 MEMORANDUM OPINION # 70994 that Barry Feinstein petition for a stay is denied.David Edelstein ); Copies mailed. (cd)
January 28, 1993 Filing 2038 Letter filed by United States of Ame dated 1/28/93 re in opposition to proposed orders submitted by counsel for Barry Feinstein (cd) Modified on 02/01/1993
January 28, 1993 Opinion or Order Filing 2037 Filed Memo_Endorsement on letter dated 1/28/93, that a decision on Mr. Feinstein's application for a stay, will be issued on 1/29/93, in the form of a written order. ( signed by Judge David N. Edelstein ) (cd)
January 27, 1993 Opinion or Order Filing 2036 MEMORANDUM OPINION # 70978, the temporary restraining order and the order to show cause are rejected and returned unsigned ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
January 26, 1993 Filing 2035 MEMORANDUM of Barry Feinstein in support of [2034-1] motion to disqualify the independent administrator (emil)
January 26, 1993 Filing 2034 APPLICATION by Barry Feinstein to disqualify the independent administrator Notice of Appeal to the Dist. Court and Affidavit support of appeal attached. (emil)
January 26, 1993 Notice of appeal and certified copy of docket to USCA: [2033-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
January 25, 1993 Filing 2033 NOTICE OF APPEAL of Roadway Express ; from Opinion dtd: 9/24/92 and the stip and order dtd: 11/24/92 . Copies of notice of appeal mailed to Attorney(s) of Record:Paul levy; Christine Chung; Daniel Liqurotie; Michael Holland; Barbara Hillman; Frederick Lacey; and Stuart Alderoty . (jf)
January 22, 1993 Filing 2032 Fld decision of the independent administrator (cd) Modified on 01/25/1993
January 22, 1993 Filing 2031 Fld application CI by the independent administrator under the consent order dated 3/14/89..decision of the independent administrator in the matter of the hearing of Nicholas DiGirlamo. (cd) Modified on 01/25/1993
January 21, 1993 Filing 2030 MANDATE OF USCA (certified copy) Re: deft-appellant withdraws its appeal for the reason that the controversy is now moot...plntf appellee USA consents to this withdrawl. (cd)
January 19, 1993 Opinion or Order Filing 2030 ORDER TO SHOW CAUSE by United States of Ame Show Cause Hearing set for 11:00 1/19/93 enjoining Local 493 etc from conducting a membership vote on the severance pay resolution until further order of the court... ( signed by Judge David N. Edelstein ); Copies mailed. (cd) Modified on 01/19/1993
January 19, 1993 Filing 2029 Letter filed by United States of Ame dated 12/29/93 re application of Daniel Ligurotis to be disqualifed should be rejected and the independent administrator's decision be affirmed in all respects. (cd) Modified on 01/19/1993
January 15, 1993 Filing 2028 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: on 1/15/93 (cd) Modified on 01/19/1993
January 6, 1993 Filing 2027 Transcript of record of proceedings filed for dates of 10/13/92 (cd)
January 6, 1993 Filing 2026 Transcript of record of proceedings filed for dates of 10/13/92 (cd)
December 29, 1992 Filing 2025 Investigations Officer's MEMORANDUM in support of [2018-1] remark (sc)
December 23, 1992 Filing 2024 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: (rag)
December 22, 1992 Filing 2023 Quarterly Report XIV of the Independent Administrator under the Consent Order Article F.12. "Report to the Court" (emil)
December 21, 1992 Filing 2022 MANDATE OF USCA (certified copy) Re:that in Yellow Freight Systems v USA the case is dismissed as moot and Yellow Freight recover from the US the sum of $300.00 (cd)
December 17, 1992 Filing 2021 Application CV by the Independent Administrator under the Consent Order dated march 14, 1989-Agreement between the Investigations Officer and Sam Canino. (jr)
December 17, 1992 Filing 2020 Filed Affidavit and Agreement between the Investigations Officer and Sam Canino. (jr)
December 14, 1992 Filing 2019 MEMORANDUM OF LAW by Daniel C. Ligurotis in support of [2018-1] Cross-Application CIII to vacate October 27, 1992 decision and disqualify Independent Administrator. (jr)
December 14, 1992 Filing 2018 Filed Cross Application CIII of Daniel C. Ligurotis to vacate October 27, 1992 decision and disqualify Independent Administrator. (jr)
December 11, 1992 Filing 2016 AFFIDAVIT in support of Paul J. Curran Re: Barry Feinstein's application to disqualify Frederick B. Lacey, Esq., the Independent Administrator. (jr)
December 11, 1992 Filing 2015 MEMORANDUM of Law in support of Respondent Barry Geinstein's Application to disqualify Mr. Lacey from sitting in judgment in this case. (jr)
December 11, 1992 Opinion or Order Filing 2014 ORDER, denying Mr. Feinstein's application seeking recusal of the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
December 10, 1992 Opinion or Order Filing 2017 OPINION & ORDER # 70802, denying Respondent's objections to the Independent Administrator's decision , and Affirming application XCI of the Independent Administrator in its entirety. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
December 10, 1992 Filing 2013 MANDATE OF USCA (certified copy) Re: Withdrawing [1916-1] appeal by James Coli. (Elaine B. Goldsmith, Clerk). E.O.D. 12/14/92. (jr)
December 4, 1992 Filing 2011 Filed Application by the Election Officer for fees and other expenses under the Consent Order dated March 14, 1989. (jr)
December 1, 1992 Filing 2012 MANDATE OF USCA (certified copy) Re: appeal from USDC Judgment dtd. 2/11/92(Edelstein)...Ordered, that the judgment of the USDC is affirmed in part, reversed and vacated in part in accordance with the opinion of this court. CLERK, USCA EOD: 12/7/92 (sent copy to dist. judge) (sc)
December 1, 1992 Opinion or Order Filing 2010 ORDER, affirming in its entirety, Application CIV of the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
November 30, 1992 Filing 2009 Ivestigations Officer's Memorandum in support of Independent Administrator's Application XCIX. (jr)
November 30, 1992 Opinion or Order Filing 2008 STIPULATION and ORDER, that from the date of discharge (9/19/91) through the date the Election Officer certified the International Officer Election results (1/22/92), and deducting a three-week unpaid leave, Mr. Leroy Ellis would have worked a total of 592 straight hours, etc. The award of back-pay is stayed pending resolution of Roadway's appeal to the United States Court of Appeals for the Second Circuit. ( signed by Judge David N. Edelstein ). (jr)
November 24, 1992 Filing 2007 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1997-1] appeal by Int'l Bhd of Teamste (jr)
November 19, 1992 Filing 2006 MANDATE OF USCA (certified copy) Re: Motion for Stay...Ordered, that the motion is granted and the appeal expedited; appellant to file brief and appendix by 11/20/92 (serve by FAZ); appellee to file to its brief by 11/25/92; and that Appeal to be heard the week of 11/30/92 subject to judge's approval. CLERK, USCA EOD: 11/20/92 (copy sent to dist. judge) sc (sc)
November 19, 1992 Opinion or Order Filing 2005 MEMORANDUM & ORDER, that the portion of this Court's 9/24/92 Order compelling Roadway to award Mr. Ellis back pay and other costs is stayed pending appeal; that the stay is effective immediately etc.; and that the portion of this Court's 9/24/92 Order which required Roadway t rescind its discharge action and provide Mr. Ellis an "honorable resignation" is not subject to this stay. So Ordered. ( signed by Judge David N. Edelstein ); Copies mailed (sc) Modified on 01/19/1993
November 12, 1992 Filing 2004 Affidavit of service of Application CII and Affidavit and Agreement between the Investigations Officer and William Genoese, Jr., (document 3s 2003 and 2000, respectively) as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/21/92 (jr)
November 12, 1992 Filing 2003 Filed Application CII by the Independent Administrator under the Consent order dated March 14, 1989-Agreement between the Investigations Officer and William Genoese, Jr. (jr)
November 12, 1992 Filing 2002 Affidavit of service Application C of the Independent Adminstrator and Affidavit and AGreement between the Investigations Officer and Patricia J. Rizzo, (document 3s 2001 and 1999, respectively) as to Int'l Bhd of Teamste, AFL-CIO by Ups Next Day Air on 10/6/92 (jr)
November 12, 1992 Filing 2001 Filed Application C by the Independent Administrator under the Consent Order dated March 14, 1989-Agreement between the Investigations Officer and Patricia J. Rizzo. (jr)
November 12, 1992 Filing 2000 Filed AFfidavit and Agreement between William Genoese, Jr., and the Investigations Officer. (jr)
November 12, 1992 Filing 1999 AFFIDAVIT AND AGREEMENT BETWEEN PATRICIA RIZZO AND THE INVESTIGATIONS OFFICER (jr)
November 12, 1992 Filing 1998 Objection(s) to [1944-1] Application XCIX of the Independent Administrator by Int'l Bhd of Teamste, AFL-CIO (jr)
November 12, 1992 Notice of appeal and certified copy of docket to USCA: [1997-1] appeal by Int'l Bhd of Teamste ; Copy of notice of appeal sent to District Judge. (jf)
November 10, 1992 Filing 1997 NOTICE OF APPEAL by Int'l Bhd of Teamste ; from [1987-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: AUSA Steven Bennett . (jf)
November 10, 1992 Opinion or Order Filing 1996 MEMORANDUM AND ORDER, granting Application XC of the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
November 9, 1992 Filing 1995 Affidavit of service of Application CIV, (document #1992) as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 11/6/92 (jr)
November 9, 1992 Filing 1994 Affidavit of service of Application CIII, (document #1991) as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 11/6/92 (jr)
November 9, 1992 Filing 1993 Filed Decision of the Independent Administrator in the matter of Daniel C. Liguoritis. (jr)
November 9, 1992 Filing 1992 Filed Application CIV by the Independent Administrator under the Consent Order dated March 14, 1989--Decision of the Independent Administrator in the matter of the hearing of Eugene Bennett and Victor Alfieri. (jr)
November 9, 1992 Filing 1991 Filed Application CIII by the Independent Administrator under the Consent Order dated march 14, 1989--Decision of the Independent Administrator in the matter of the hearing of Daniel C. Ligurotis. (jr)
November 9, 1992 Filing 1990 Filed Decision of the Independent Administrator in the matter of Victor Alfieri and Eugene Bennett. (jr)
November 9, 1992 Filing 1989 Affidavit of service of the Supplement to Application by Frederick B. Lacey, in his capacity as a member of the Independent Review Board upon Richard N. Gilberg, Esq., Steven C. Bennett, AUSA, Charles M. Carberry, Esq., Judith A. Scott, Esq., Ronald Carey, General Pres., Mr. Harold E. Burke, Hon. William H. Webster and the Hon. William P. Barr by facsimile & UPS Next Day Air on 11/6/92 (sc)
November 9, 1992 Filing 1988 Fld. Supplement to Application by Frederick Lacey in his Capacity as a Member of the Independent Review Board -- Independent Counsel Appointment (sc)
November 5, 1992 Opinion or Order Filing 1987 MEMORANDUM ORDER denying [1980-1] motion for a stay of execution of or any proceedings to enforce the judgment entered in favor of the plaintiff herein on October 27, 1992. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
November 5, 1992 Notice of appeal and certified copy of docket to USCA: [1985-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
November 4, 1992 Filing 1986 Letter filed by Int'l Bhd of Teamste dated November 2, 1992 re letter from Govt. dated 10/26 (jr)
November 4, 1992 Filing 1985 NOTICE OF APPEAL of respondents, Morrill, Scopino,Warner, Shippee, Lawton and Rosenberg ; from [1977-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: AUSA Peter Sprung . (jf)
November 3, 1992 Filing 1984 RESPONSE by United States of Ame Re: Application by Frederick B. Lacey, in his capacity as a member of the Independent Review Board, regarding his appointment as an independent counsel pursuant to 28 C.F.R.P. part 600. (Night Deposit on 11/3/92 at 3:26p.m.). (jr)
November 2, 1992 Filing 1983 OPINION # 70633, granting Application I of the Independent Review Board. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
November 2, 1992 Filing 1982 Transcript of record of proceedings filed for dates of August 6, 1992 (jr)
November 2, 1992 Filing 1981 Transcript of record of proceedings filed for dates of August 4, 1992 (jr)
October 30, 1992 Filing 1980 NOTICE OF MOTION by Respondents kenneth Morrill, Frank Scopino, William Warner, Dennis Shippee, Glen lawton, and Burton S. Rosenberg for a stay of execution of or any proceedings to enforce the judgment entered in favor of the plaintiff herein on October 27, 1992. , No Return date indicated. (jr)
October 29, 1992 Opinion or Order Filing 1979 ORDER, affirming application XCVI of the Independent Administrator in its entirety. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
October 28, 1992 Filing 1975 Objection(s) to Judge Lacey's Application by Int'l Bhd of Teamsters (sc) Modified on 10/29/1992
October 28, 1992 Notice of appeal and certified copy of docket to USCA: [1974-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
October 27, 1992 Filing 1978 Affidavit of service of Application by Frederick B. Lacey as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/20/92 (jr)
October 27, 1992 Opinion or Order Filing 1977 JUDGMENT # 92,2429 for United States of Ame against Int'l Bhd of Teamste, AFL-CIO. The Respondents shall be jointly and severally liable to pay, no later than 14 days after the date of this judgment, from their personal funds, the sum of $12,500, which represents the Government's attorney fees in connection with this this civil contempt proceedings. This Judgment resolves only the proceeding initiated by this Court's April 29, 1991 Order to Show Cause and does not otherwise limit the Government or affect the rights and powers of any other person or entity with respect to the Respondents, including any of the officers appointed by this Court pursuant to the Consent Decree. ( signed by Judge David N. Edelstein ); Mailed copies and notice of right to appeal. E.O.D. 10/29/92. (jr) Modified on 10/29/1992
October 27, 1992 Opinion or Order Filing 1976 OPINION AND ORDER # 70597, granting the governments motion to enforce the terms of the 5/2/91 settlement. , and that the Executive Board of Local 493 shall submit to the Court and the Government an affidavit stating that they have compiled with the notice provision of the Settlement. , and that the stay of Local 493 elections shall be dissolved one week following the mailing of notice to the membership referred to in Paragraph 2(c) of the Government's proposed judgment and attached as Exhibit A. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr) Modified on 10/29/1992
October 27, 1992 Filing 1972 Fld. Application By Frederick B. Lacey, In His Capacity As A Member of the Independent Review Board - - Independent C ounsel Appointment (sc)
October 26, 1992 Filing 1974 NOTICE OF APPEAL of Roadway Express ; from [1927-1] order that Roadway's objections to the Independent Administrator's decision are without merit . Copies of notice of appeal mailed to Attorney(s) of Record: Michael Holland; Martha Walfoort; Frederick Lacey; Stuart Alderoty; Leroy Ellis; Karen Keys; Daniel Liqurotie; Otto Obermaier; and Linda Imes . (jf)
October 26, 1992 Filing 1971 AFFIDAVIT of Linda Imes Re: [1969-1] motion to stay the Court's Order of 9/24/92, pending appeal, and to approve a supersedeas bond (sc)
October 26, 1992 Filing 1970 MEMORANDUM by Roadway Express, Inc. in support of [1969-1] motion to stay the Court's Order of 9/24/92, pending appeal, and to approve a supersedeas bond (sc)
October 26, 1992 Filing 1969 NOTICE OF MOTION by Roadway Express, Inc. to stay the Court's Order of 9/24/92, pending appeal, and to approve a supersedeas bond , Return date 11/16/92 (sc)
October 26, 1992 Filing 1968 Investigation Officer's MEMORANDUM in support of Application XCI [Adelstein] (sc)
October 20, 1992 Filing 1967 Filed Chronological ABT Charge and Disposition List. (jr)
October 20, 1992 Filing 1966 AMENDED NOTICE OF APPEAL by Int'l Bhd of Teamste ; from order of 8/21/92 . Copies of notice of appeal mailed to Attorney(s) of Record: US Atty SDNY. (jf)
October 20, 1992 Notice of appeal and certified copy of docket to USCA: [1966-1] appeal by Int'l Bhd of Teamste ; Copy of notice of appeal sent to District Judge. (jf)
October 16, 1992 Notice of appeal and certified copy of docket to USCA: [1964-1] appeal by Int'l Bhd of Teamste ; Copy of notice of appeal sent to District Judge. (jf)
October 16, 1992 Notice of appeal and certified copy of docket to USCA: [1963-1] appeal by Int'l Bhd of Teamste ; Copy of notice of appeal sent to District Judge. (jf)
October 15, 1992 Filing 1965 MANDATE OF USCA (certified copy) Re: Withdrawing [1859-1] appeal by David L. Reardon. (Elaine B. Goldsmith, Clerk). E.O.D. 10/19/92. (jr)
October 15, 1992 Filing 1964 NOTICE OF APPEAL by Int'l Bhd of Teamste ; from [1894-1] order the application of Judge Lacey & the Government is granted. Judge William H. Webster will serve as the third member of the Independent Review Board. This decision is effective immediately . Copies of notice of appeal mailed to Attorney(s) of Record: Frederick Lacey Esq. and Harold Burke Esq. . (jf)
October 15, 1992 Filing 1963 NOTICE OF APPEAL by Int'l Bhd of Teamste ; from [1894-1] order the application of Judge Lacey & the Government is granted. Judge William H. Webster will serve as the third member of the Independent Review Board. This decision is effective immediately . Copies of notice of appeal mailed to Attorney(s) of Record: Frederick Lacey Esq.; Harold Burke Esq. . (jf)
October 15, 1992 Opinion or Order Filing 1962 AMENDED ORDER, staying the union officer elections of IBT Local 493 scheduled to be held on 10/18/92. , and to amend and supersede the order of this court dated 10/13/92. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
October 15, 1992 Filing 1960 Transcript of record of proceedings filed for dates of October 13, 1992 (jr)
October 14, 1992 Filing 1961 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1884-1] appeal (jr)
October 14, 1992 Filing 1959 BRIEF by Respondent Bernard Adelstein re: [1920-1] Application XCI by the Independent Administrator under the Consent order dated March 14, 1989--Decision of the Independent Administrator in the matter of the hearing of Bernard Adelstein. (jr)
October 13, 1992 Opinion or Order Filing 1958 ORDER, staying the union officer elections of IBT Local 493 scheduled to be held on October 18, 1992 pending further order of this Court. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
October 8, 1992 Opinion or Order Filing 1957 STIPULATION and ORDER as to record on appeal., that the record on appeal for No. 92-6210,(Consolidated Freightways Corporation of Delaware) shall be retained in this Court, except for the following documents, ( signed by Judge David N. Edelstein ). (jr)
October 8, 1992 Filing 1956 MANDATE OF USCA (certified copy) Re: [1696-1] appeal. The Judgment of U.S.D.C. for the southern District of New York is affirmed. (Elaine B. Goldsmith, Clerk). E.O.D. 10/9/92. (jr) Modified on 10/09/1992
October 8, 1992 Filing 1955 MEMORANDUM by the Independent Administraotr on the handling and disposition of disciplinary matters. Attached are exhibits. (jr)
October 6, 1992 Filing 1954 Affidavit of service of Application XCVIII as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/5/92 (jr)
October 6, 1992 Filing 1953 Affidavit of service of Application XCVII as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/1/92 (jr)
October 6, 1992 Filing 1952 Affidavit of service of Application XCV as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/1/92 (jr)
October 6, 1992 Filing 1951 Affidavit of service of Application XCIII as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 9/22/92 (jr)
October 6, 1992 Filing 1950 Affidavit of service of application XCIV as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 9/28/92 (jr)
October 6, 1992 Filing 1949 Affidavit of service of Application XCIXas to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/5/92 (jr)
October 6, 1992 Filing 1948 Affidavit of service of Application XCVI as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 10/1/92 (jr)
October 6, 1992 Opinion or Order Filing 1947 ORDER, re; affirming application XCII of the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
October 6, 1992 Filing 1946 Filed Decision of the Independent Administrator in the matter of Frank Salerno. (jr)
October 6, 1992 Filing 1945 Filed Decision of the Independent Administrator in the matter of Burke, Wolchok, Abrego, Ottman, McKay, Cahill Brechner & Simmons. (jr)
October 6, 1992 Filing 1944 Filed Application XCIX by the Independent Administrator under the Consent Order dated 3/14/89 decision ot the Independent Administrator in the matter of the hearing of John T. Burke, Jr., JHarold Wolchok, Mario Abrego, Robert Ottman, Langston mcKay, Walter Cahill, Saul Brechner and William Simmons. (jr)
October 6, 1992 Filing 1943 Filed Application XCVIII by the Independent Administrator under the Consent Order dated 3/14/89 agreements between the Investigations Officer and George Gibney, James O'Grady and Robert McKay. (jr)
October 6, 1992 Filing 1942 Filed Application XCVII by the Independent Administrator under the Consent Order dated 3/14/89 agreement between the Investigations Officer and Edward Doyle, Houston Pollard, Bernard Doyle, Robert Belenchia and George Graff. (jr)
October 6, 1992 Filing 1941 Filed Application XCVI by the Independent Administrator under the Consent Order dated 3/14/89 decision of the independent Administrator in the matter of the hearing of Frank Salerno. (jr)
October 6, 1992 Filing 1940 Filed Application XCV by the Independent Administrator under the Consent Order dated 3/14/89 agreement between the Investigations Officer and Catherine P. Leal. (jr)
October 6, 1992 Filing 1939 Filed Application XCIV by the Independent Administrator under the consent Order dated 3/14/89 agreement between the Investigations Officer and James M. Moar. (jr)
October 6, 1992 Filing 1938 Filed Application XCIII by the Independent Administrator under the Consent Order dated 3/14/89 agreement between the Investigations Officer and Edward Dougherty. (jr)
October 6, 1992 Filing 1937 Filed Affidavit and Agreement between the Investigations Officer and James Moar. (jr)
October 6, 1992 Filing 1936 Filed Affidavit and Agreement between the Investigations Officer and Edward Doyle, Houston Pollard, Bernard Doyle George Graff and Robert Belenchia. (jr)
October 6, 1992 Filing 1935 Filed Affidavit and Agreement between the Investigations Officer and George Gibney. (jr)
October 6, 1992 Filing 1934 Filed Affidavit and Agreement between the Investigations Officer and Robert McKay. (jr)
October 6, 1992 Filing 1933 Filed Affidavit and Agreement between the Investigations Officer and James O'Grady. (jr)
October 6, 1992 Filing 1932 Filed Affidavit and Agreement between the Investigations Officer and Edward Dougherty. (jr)
October 6, 1992 Filing 1931 Filed Affidavit and Agreement between the Investigations Officer and Catherine P. Leal. (jr)
October 1, 1992 Filing 1930 Transcript of record of proceedings filed for dates of July 30, 1992 (jr)
September 25, 1992 Filing 1929 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1859-1] appeal (jr)
September 25, 1992 Opinion or Order Filing 1928 STIPULATION and ORDER as to record on appeal, 92-9196, stipulated that the Clerk of the Court of the U.S.D.C. for the Southern District of New York shall transmit the below listed documents to the Clerk of the Court of Appeals for the Second Circuit. ( signed by Judge David N. Edelstein ). (jr)
September 24, 1992 Opinion or Order Filing 1927 OPINION & ORDER # 70435, that Roadway's objections to the Independent Administrator's decision are without merit , and the Independent Administrator's Application LXXXVI is affirmed in its entirety. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
September 22, 1992 Opinion or Order Filing 1926 Memo endorsed on motion;, reset pretrial conference for 10/13/92...So Ordered. ( signed by Judge David N. Edelstein ); Copies mailed. (sc)
September 17, 1992 Filing 1925 Affidavit of service of Application XCII upon Richard N. Gilberg, Esq., Steven C. Bennett, AUSA, Charles Carberry, Esq., Mr. Harold Burke, and Hon. William H. Webster by UPS Next Day Air on 9/16/92 (sc)
September 17, 1992 Filing 1924 Fld. Application XCII By the Independent Administrator Under the Consent Order Dtd. 3/14/89 - Seeking an Order Providing Guidance By the Court on the Issue of the Discretion & Authority of the Independent Administrator To Refer Investigations or Disciplinary Matters to the Independent Review Board (sc)
September 16, 1992 Filing 1923 Letter filed by Int'l Bhd of Teamste from Earl P. Pfeffer to Judge Edelstein dated September 16, 1992 re Application XC of the Independent Administrator. (jr)
September 15, 1992 Opinion or Order Filing 1922 OPINION & ORDER # 70391, that the IBT's objections to the Independent Administrator's application are without merit. , and that the Independent Administrator's Application LXXXVI is granted in its entirety. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
September 15, 1992 Filing 1921 Affidavit of service of application XCI (document #1920)as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 9/14/92 (jr)
September 15, 1992 Filing 1920 Filed Application XCI by the Independent Administrator under the Consent Order dated March 14, 1989--decision of the Independent Administrator in the matter of the hearing of Bernard Adelstein. (jr)
September 15, 1992 Filing 1919 Decision of the Independent Administrator in the matter of Bernard Adelstein. (jr)
September 15, 1992 Filing 1918 Affidavit of service of the Independent Administrator's Quarterly Report XIII upon Richard N. Greenberg, Esq., Steven Bennett,AUSA, Charles Carberry, Esq., John J. Cronin,Jr., Harold E. Burke, and Hon. William Webster by UPS Next Day Air on 9/10/92 (sc)
September 15, 1992 Filing 1917 Fld. Quarterly Report XIII of the Independent Administrator Under the Consent Order Article F.12. "Report to the Court" (sc)
September 11, 1992 Notice of appeal and certified copy of docket to USCA: [1916-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
September 10, 1992 Filing 1916 NOTICE OF APPEAL of James Coli, Respondent ; from [1839-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry and Otto Obermaier . (jf)
September 9, 1992 Filing 1915 Affidavit of service of Application XC by UPS Next Day Air upon Hon. David Edelstein, Richard N. Gilberg,Esq., Steven C. Bennett, AUSA,Charles M. Carberry, and Martin J. Brenner on 9/8/92 (sc)
September 9, 1992 Filing 1914 Fld. Application XC By the Independent Administrator Under the Consent Order Dtd. 3/14/89, Seeking an Order Affirming the Independent Administrator's Position That Local 707 May Remove David Morris & James Buckley from Their Employers' Seniority Lists if Local 707 Controls Those Lists & That Morris' and Buckley's Employers May Discharge Them if They Are Objectionable to Their Co-Workers (sc)
September 4, 1992 Filing 1913 REPLY MEMORANDUM OF LAW by by United States of Ame re: In support of entry of judgment. (jr)
September 1, 1992 Filing 1912 Filed Affidavit and Agreement between the Investigations Officer and Michael Carbone. (jr)
August 31, 1992 Filing 1911 Letter filed from AUSA Steven C. Bennett to Judge Edelstein by United States of Ame dated August 26, 1992 re Impropriety of deft. McCarthy's motion to compel the Investigations Officer to appear for a deposition. ' (jr)
August 31, 1992 Filing 1910 CERTIFICATE OF SERVICE via regular U.S. Mail of Reply Memorandum of Roadway Express, Inc. and Affidavits of Richard J. Bennett and Barbara J. Leukart. (jr)
August 28, 1992 Filing 1909 AFFIDAVIT of Richard J. Bennett by Roadwat Express, Inc. Re: [1875-1] affidavit (jr)
August 28, 1992 Filing 1908 Affidavit of service of Application LXXXVIII (doc. #1905) as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 8/20/92 (jr)
August 28, 1992 Filing 1907 Affidavit of service of Application LXXXIX (doc. #1906). as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 8/21/92 (jr)
August 28, 1992 Filing 1906 Filed Application LXXXIX by the Independent Administrator under the Consent Order dated March 14, 1989-Agreement between the Investigations Officer and James Ready, Gary Timm and Richard Knorr. (jr)
August 28, 1992 Filing 1905 Filed Application LXXXVIII by the Independent Administrator under the Consent Order dated March 14, 1989-Afreement between the Investigations Officer and Robert A. Sasso. (jr)
August 28, 1992 Filing 1904 Reply MEMORANDUM by Roadway Express, Inc. in support of Its Appeal of the Independent Administrator's Decision. (sc)
August 28, 1992 Filing 1903 AFFIDAVIT in support of Barbara Leukart Re: Roadway Express,Inc.'s reply to the Government's 8/7/92 letter to the Court and Leroy Ellis's memorandum. (sc)
August 27, 1992 Filing 1902 Filed Affidavit and Agreement between the Investigations Officer and James Ready. (jr)
August 27, 1992 Filing 1901 Filed Affidavit and Agreement between the Investigations Officer and Gary Timm. (jr)
August 27, 1992 Filing 1900 Filed Affidavit and Agreement between the Investigations Officer and Richard Knorr. (jr)
August 27, 1992 Filing 1899 Filed Affidavit and Agreement between the Investigations Officer and Robert A. Sasso. (jr)
August 27, 1992 Opinion or Order Filing 1898 ORDER, affirming, in all respects Application LXXXIII of the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
August 27, 1992 Opinion or Order Filing 1897 ORDER, In Re: Application LXXXIV of the Independent Administrator...that the decision of the Independent Administrator is affirmed in all respects. So Ordered. ( signed by Judge David N. Edelstein ); Copies mailed (sc)
August 26, 1992 Filing 1895 MEMORANDUM by Respondents in opposition to entry of judgment. (jr)
August 25, 1992 Filing 1896 Letter filed by Int'l Bhd of Teamste from Earl R. Pfeffer to Judge Edelstein dated August 21, 1992 re ruling on the meaning and applcation of the Independent Administrator's November 18, 1991 decision. (jr)
August 25, 1992 Filing 1894 MEMORANDUM OPINION # 70304, the application of Judge Lacey & the Government is granted. Judge William H. Webster will serve as the third member of the Independent Review Board. This decision is effective immediately ( Signed by Judge David N. Edelstein ); Copies mailed. (emil)
August 24, 1992 Filing 1893 MANDATE OF USCA (certified copy) Re: the order of the Dist. Court is affirmed in accordance with the opinion of this court with costs to be taxed against the appellant (emil)
August 20, 1992 Filing 1892 Letter filed from Richard N. Gilberg to Judge Edelstein by Int'l Bhd of Teamste dated August 19, 1992 re Appointment Review (jr)
August 20, 1992 Filing 1891 Letter filed from Richard N. Gilberg to Judge Edelsteinby Int'l Bhd of Teamste dated August 19, 1992 re Judge Lacey's letter of 8/14/92 should not be made part of the record. (jr)
August 20, 1992 Filing 1890 Letter filed from AUSA Steven C. Bennett to Judge Edelstein by United States of Ame dated August 19, 1992 re Letter from Mr. Gilberg dated ing to supplement the record of the Gvoernment's application for approval of proposed rules for the IRB. (jr)
August 20, 1992 Filing 1889 Letter filed from Frederick B. Lacey to Judge Edelstein dated August 20, 1992 re Mr. Gilberg's letter of 8.18.92. (jr)
August 20, 1992 Filing 1888 Letter filed by Int'l Bhd of Teamste (from Richard N. Gilberg to Judge Lacey). dated August 17, 1992 re Resp. to Judge Lacey's letter dated August 14, 1992. (jr)
August 20, 1992 Filing 1887 Letter filed from Richard N. Gilberg to Judge Edelstein by Int'l Bhd of Teamste dated August 17, 1992 re Judge Lacey's letter dated 8/14/92. (jr)
August 20, 1992 Filing 1885 Letter filed by Int'l Bhd of Teamsters dated 8/18/92 re response to F. Lacey letter dated 8/13/92 regarding the September issue of the New Teamster magazine etc. (sc)
August 19, 1992 Opinion or Order Filing 1886 OPINION & ORDER # 70280, granting the Government's application seeking promulgation of rules for the operation of the IRB , and that Exhibit A. shall constitute the Rules and Procedures for operation of the Independent Review Board for the IBT. These rules are effective immediately , and that the IBT, all subordinate entities of the IBT and all members of the IBT are bound by the rules contained in Exhibit. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
August 19, 1992 Notice of appeal and certified copy of docket to USCA: [1884-1] appeal ; Copy of notice of appeal sent to District Judge. (em)
August 17, 1992 Filing 1884 NOTICE OF APPEAL by Consolidated Freightways Corp.; from [1839-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Brian Mass, Stephen Presser, Marc B. Gursky, John M. Harnett . (em)
August 14, 1992 Filing 1883 Letter filed dated August 14, 1992 from Frederick B. Lacey, Independent Administrator to Judge Edelstein re Appointment of 3 individuals to International posts without prior notice to Mr. Lacey. (jr)
August 14, 1992 Filing 1882 Letter filed dated August 14, 1992 from Frederick B. Lacey to Judge Edelstein re REquest for certain documents to be made part of the submission relating to the Rules and Procedures for Operation of the IRB. (jr)
August 13, 1992 Filing 1881 Letter filed dated 8/13/92 from Frederick B. Lacey to Judge Edelstein re Rules and Procedures for Operation of the IRB. (jr)
August 13, 1992 Filing 1880 Filed Affidavit and AGreement between the Investigations Officer and Joseph Abbate. (jr)
August 13, 1992 Filing 1879 Filed Affidavit and Agreement between the Investigations Officer and Anthony J. Rizzo. (jr)
August 11, 1992 Filing 1878 Letter filed by Int'l Bhd of Teamste dated August 11, 1992 re Exhibits of 8/4/92 hearing (jr)
August 11, 1992 Filing 1877 Letter filed dated August 11, 1992 re Certificate of counsel and Proof of Service. (jr)
August 11, 1992 Filing 1876 Letter filed by Int'l Bhd of Teamste dated August 11, 1992 re Independent Administrator's letter memorandum of 8/5/92 and the Government's August 7, 1992 letter. (jr)
August 10, 1992 Filing 1875 AFFIDAVIT in support of Karen Anita Keys Re: [1874-1] opposition memorandum (jr)
August 10, 1992 Filing 1874 MEMORANDUM of Leroy Ellis in opposition to Roadway Express' appeal from the Independent Administrator's decision. (jr)
August 10, 1992 Filing 1873 Letter filed by United States of Ame dated 8/7/92 re Application LXXVI by the Independent Administrator. (jr)
August 10, 1992 Filing 1872 Letter filed by United States of Ame dated 8/7/92 re Roadway Express Appeal (jr)
August 6, 1992 Filing 1869 AFFIDAVIT of Frederick B. Lacey Re: Misstatements in the press release issued by the IBT on August 4, 1992. (jr)
August 4, 1992 Filing 1866 DECLARATION by United States of America of Peter C. Sprung in support of entry of judgment (sc)
August 4, 1992 Filing 1865 DECLARATION in support of Peter C. Sprung by United States of America of Entry of Judgment (sc) Modified on 08/05/1992
August 4, 1992 Filing 1864 MEMORANDUM by United States of Ame in support of Entry of Judgment (sc)
August 3, 1992 Filing 1871 MEMORANDUM OF LAW by Int'l Bhd of Teamste, AFL-CIO in opposition to Government's Application for an order approving rules and procedures for operation of the Independent Review Board. (jr)
August 3, 1992 Filing 1867 Filed Election Officer's Final Report. (jr)
August 3, 1992 Filing 1864 Filed Election Officer'sFinal Report (Pre-Election protest decisions, volume XXV). (jr)
August 3, 1992 Filing 1863 Filed Election Officer's Final Report (Election Office case nos. P-451-LU623-PHL to P-500-LU630-CLA, volume X). (jr)
August 3, 1992 Notice of appeal and certified copy of docket to USCA: [1859-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
July 31, 1992 Filing 1870 DECLARATION of Gary S. Witlen by Int'l Bhd of Teamste Re: [1864-1] support memorandum (jr)
July 31, 1992 Filing 1868 MEMORANDUM OF LAW by Int'l Bhd of Teamste in opposition to Application LXXXVI of the Independent Administrator for a ruling concerning the Scope of the Independent Administrator's Authority to review decisions regarding temporary trusteeships. (jr)
July 31, 1992 Filing 1859 NOTICE OF APPEAL of David Reardon ; from [1830-1] order affirming the decision of the Independent Administrator in the matter of David L. Reardon . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry; and Otto Obermaier . (jf)
July 29, 1992 Filing 1862 DECLARATION of Edward T. Ferguson, III in support by United States of America. Re: Government's application pursuant to paragraph 16 of the March 14, 1989 Consent Decree. (jr)
July 29, 1992 Filing 1861 MEMORANDUM OF LAW by United States of Am in support of its application pursuant to paragraph 16 of the March 14, 1989 consent decree. (Night Deposit on 7/29/92 at 9:16p.m.). (jr)
July 29, 1992 Filing 1860 MANDATE OF USCA (certified copy) Re: [1694-1] appeal by AFL-CIO, Int'l Bhd of Teamste. Reversing order of district court dated 10/4/91 and remanding action to the district court for further proceedings consistent with the opinion of this court with costs in the amount of $793.20 to be taxed against the appellee. (Elaine B. Goldsmith, Clerk). E.O.D. 8/4/92. (jr)
July 29, 1992 Filing 1858 AFFIDAVIT of Frederick B. Lacey in his capacity as Independent Administrator. Re: Independent Review Board. (jr)
July 27, 1992 Filing 1857 Filed Decision of the Independent Administrator in the matter of Robert Sasso and Michael Carbone. (jr)
July 27, 1992 Filing 1856 Affidavit of service of Application LXXXVIas to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day air on 7/23/92. (jr)
July 27, 1992 Filing 1855 Filed Application LXXXVI by the Independent Administrator under the Consent Order dated March 14, 1989--Review of Temporary Trusteeships. (jr)
July 27, 1992 Filing 1854 Affidavit of service of application LXXXV as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 7/23/92. (jr)
July 27, 1992 Filing 1853 iFiled Application LXXXV by the Independent Administrator under the Consent Order dated March 14, 1989--Sasso's and Carbone's compromise agreements. (jr)
July 24, 1992 Filing 1851 DECLARATION by Int'l Bhd of Teamsters Re: [1847-1] application (sc)
July 24, 1992 Filing 1850 DECLARATION of Ron Carey by Int'l Bhd of Teamsters Re: opposition to the Application by the U.S. Dept. of Justice for an Order Approving Rules & Procedures for the Operation of the Independent Review Board (sc)
July 24, 1992 Filing 1849 DECLARATION of Gary S. Witlen by Int'l Board of Teamsters Re: (sc)
July 24, 1992 Filing 1848 MEMORANDUM by Int'l Brotherhood of Teamsteamster s, AFL-CIO in opposition to the Government's Application for an Order Approving Rules & Procedures for Operation of the Independent Review Board (sc)
July 21, 1992 Opinion or Order Filing 1846 STIPULATION and ORDER, substituting law firm of Richard Spears Kibbe & Orbe as attorneys for Roadway Express, Inc. ( signed by Judge David N. Edelstein ). (jr)
July 21, 1992 Filing 1845 CERTIFICATE OF SERVICE by Roadway Express, Inc. of Notice of Appeal via U.S. Mail on July 21, 1992. (jr)
July 20, 1992 Filing 1847 APPLICATION by United States of Amrica Purs. to Paragraph 16 of the 3/14/89 Consent Decree (ND: 7/20/92 5:57 PM) e (sc)
July 20, 1992 Filing 1844 Filed Roadway Express, Inc's Appeal of the Independent Administrator's Decision. (jr)
July 20, 1992 Filing 1843 Filed Letter from Steven C. Bennett to Judge Edelstein, dated June 18, 1992. Re: in opposition to the "Application to Enforce Decision of the Independent Administrator" filed on behalf of Consolidated Freightways Corporation of Delaware. (jr)
July 17, 1992 Filing 1842 MANDATE OF USCA (certified copy) Re:Appeal by Yellow Freight Systems, Inc. Appeal No. 91-6096. Order of District Court is vacated and the action is remanded for further proceddings not inconsistent with this opinion, The parties shall bear their own costs. (Elaine B. Goldsmith, Clerk). E.O.D. 7/23/92. (jr)
July 16, 1992 Filing 1852 MANDATE OF USCA (certified copy) (Judgment #92,0339, Statement of Costs. RE: Appeal of Joseph Cimino.(Elaine B. Goldsmith, Clerk). E.O.D. 7/27/92. (jr)
July 16, 1992 Filing 1840 Filed Letter from Frank Bacarro to Judge Edelstein. Re: Letter from Judge Edelstein inviting Mr. Baccaro's comments on Judge lacey's proposed decision in this case. (jr)
July 16, 1992 Opinion or Order Filing 1839 OPINION & ORDER # 70119 denying [1836-1] remark ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
July 16, 1992 Filing 1838 Filed letter from the Independent Administrator to Judge Edelstein dated June 12, 1992. In re: Application to Enforce Decision of the Independent Administrator (Document No. 1836). (jr)
July 16, 1992 Filing 1837 Filed Letter from Jeffrey L. Madoff to Juege Edelstein dated June 16, 1992. In re: Independent Administrator's letter dated June 12, 1992. (jr)
July 16, 1992 Filing 1836 iFiled Application by Consolidated Freightways Corporation of Delaware to enforce decision of Independent Administrator rendered on October 22, 1991 in Re: Darrell R. Walker, 91-Elec. App.-204 (SA). (jr)
July 14, 1992 Filing 1841 Filed Notice of Appeal by Roadway Express, Inc. from the Decision of the Independent Administrator dated June 29, 1992. (jr)
July 14, 1992 Opinion or Order Filing 1835 OPINION & ORDER # 70099, affirming Independent Administrator's Application LXXIII , and denying respondent's objections to said decision and dissolving the stay of penalties imposed by the Independent Administrator. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
July 14, 1992 Filing 1834 Affidavit of service of Application LXXXIV as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 7/9/92 (jr)
July 14, 1992 Filing 1833 Filed Decision of the Independent Administrator in the matter of Gordon Roberts. (jr)
July 14, 1992 Filing 1832 Filed Application LXXXIV by the Independent Administrator under the Consent Order dated March 14, 1989--Decision of the Independent Administrator in the matter of the Hearing of Gordon Roberts. (jr)
July 14, 1992 Opinion or Order Filing 1831 OPINION & ORDER # 70100, affirming Application LXXIX , and denying James Coli's objections to said decision , and dissolving the stay of penalties imposed by the Independent Administrator. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
July 10, 1992 Filing 1828 RESPONSE by David L. Reardon in partial opposition to Re: [1788-1] Application LXXVIII, or in the alternatively, for a stay. (jr) Modified on 07/13/1992
July 9, 1992 Opinion or Order Filing 1830 OPINION & ORDER # 70077, affirming the decision of the Independent Administrator in the matter of David L. Reardon , and denying Reardon's objections to said decision and his request for a stay. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
July 9, 1992 Opinion or Order Filing 1829 MEMORANDUM AND ORDER, dismissing as moot 91-6250 Second Circuit. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
July 1, 1992 Filing 1827 Filed letter from Frederick B. Lacey to Judge Edelstein dated July 1, 1992. In re: Application LXXXIII. (jr)
July 1, 1992 Filing 1826 Filed Letter from MIchael H. Holland to Judge Edelstein dated June 24, 1992. In re: Application presently pending by Consolidated Freightways against Darrell Walker. (jr)
July 1, 1992 Filing 1825 Filed letter from AUSA Steven C. Bennett to Judge Edelstein dated June 22, 1992. In re: Government's support of the Independent Administrator's Application LXXIX. (jr)
July 1, 1992 Filing 1824 Filed letter from AUSA Steven C. Bennett to Judge Edelstein dated June 22, 1992. In re: Government's support of Independent Administrator's Application LXXVIII. (jr)
July 1, 1992 Filing 1823 Filed letter from Steven C. Bennett to Judge Edelstein dated June 19,1992. Re: Government's support of Independent Administrator's Application LXXXII. (jr)
June 29, 1992 Filing 1822 Affidavit of service of Application LXXXIII by UPS Next Day Air on 6/25/92 (jr)
June 29, 1992 Filing 1821 Filed Decision of the Independent Administrator in the matter of Frank Baccaro. (jr)
June 29, 1992 Filing 1820 Filed Application LXXXIII by the Independent Administrator Under the Consent Order dated 3/14/89--decision of the Independent Administrator in the matter of the hearing of Frank Baccaro. (jr)
June 26, 1992 Opinion or Order Filing 1818 STIPULATION and ORDER, that the following documents shall be substituted for the coresponding original record items for purpose of compiling the record on appeal in United States v. IBT, Docket Number. 92-6140. ( signed by Judge David N. Edelstein ). (jr)
June 25, 1992 Filing 1819 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1792-1] appeal (jr)
June 23, 1992 Filing 1817 MEMORANDUM by the Investigations Officer in support of [1790-1] Independent Administrator's Application LXXIX. (Filed copy per instructions of Courtroom DEputy J. Radovitch). (jr)
June 23, 1992 Filing 1816 MEMORANDUM by Investigations Officer in support of [1788-1] Independent Administrator's Application LXXVIII. (jr)
June 19, 1992 Filing 1814 MANDATE OF USCA (certified copy) Re: [1577-1] appeal. Order of district court is affirmed in accordance with the opinion of this Court with costs to be taxed against the appellant. (Elaine B. Goldsmith, Clerk). E.O.D. 6/22/92 (jr)
June 18, 1992 Filing 1813 Opposition by Respondents Darrell Walker and Robin Potter, Esquire to application by Consolidated Freightways to enforce the October 22, 1991 decision of the Independent Administrator. (jr)
June 18, 1992 Filing 1812 AFFIDAVIT of John Congemi Re: Affidavit and Agreement between the Investigations Officer and John Congemi. (jr)
June 18, 1992 Filing 1811 AFFIDAVIT of Joseph Ingrassia, Jr. Re: Affidavit and Agreement between the Investigations Officer and Joseph Ingrassia, Jr. (jr)
June 18, 1992 Filing 1810 AFFIDAVIT of Sonio Valle Re: Affidavit and Agreement between the Investigations Officer and Sonio "Lou" Valle. (jr)
June 18, 1992 Filing 1809 AFFIDAVIT of Sam Whitney Re: Affidavit and Agreement between the Investigations Officer and Sam Whitney. (jr)
June 18, 1992 Filing 1808 MEMORANDUM of the Investigation's Officer in support of [1788-1] Independent Officer's Application LXXVIII. (jr)
June 18, 1992 Filing 1807 MEMORANDUM of the Investigations Officer in support of [1790-1] Independent Administrator's Application LXXIX. (jr)
June 18, 1992 Filing 1806 Affidavit of service of Application LXXXI by UPS Next Day Air on 6/15/92. (jr)
June 18, 1992 Filing 1805 Filed Application LXXXI by the Independent Administrator under the Consent order dated March 14, 1989--Agreements between the Investigations Officer and Joseph Ingrassia, Jr. (jr)
June 18, 1992 Filing 1804 Affidavit of service of Application LXXX by UPS Next Day Air on 6/15/92 (jr)
June 18, 1992 Filing 1803 Filed Application LXXX by the Independent Administrator under the Consent Order dated March 14, 1989--Agreements between the Investigations Officer and Sam Whitney; John Congemi and Sonio "Lou" Valle resolving the charges filed by the Investigations Officer. (jr)
June 18, 1992 Filing 1802 Affidavit of service of Applicationj LXXXII by UPS Next Day Air on 6/15/92. (jr)
June 18, 1992 Filing 1801 Filed Decision of the Independent Administrator in the matter of John F. Long. (jr)
June 18, 1992 Filing 1800 Filed Application LXXXII by the Independent Administrator Under the Consent Order dated March 14, 1989--Decision of the Independent Administrator in the matter of the hearing of John F. Long. (jr)
June 15, 1992 Filing 1799 MANDATE OF USCA (certified copy) Re:Appeal of Western Conference of Teamsters Pension Trust Fund and Joseph W. Ballew. Appeal is dismissed as moot in part and vacated in part in accordance with the opinion of this Court. (Elaine B. Goldsmith, Clerk). E.O.D. 6/18/92. (jr)
June 12, 1992 Filing 1798 Filed Quarterly Report XII of the Independent Administrator under the Consent Order Article F.12. "Report to the Court". (jr)
June 9, 1992 Filing 1797 NOTICE OF APPEAL by Respondent David L. Reardon ; in partial opposition to Application LXXVIII or, alternatively, for a stay. Appeal record due on 7/9/92 (jr)
June 4, 1992 Filing 1796 NOTICE OF APPEAL by James L. Coli.; from he Opinion of Frederick B. Lacey, Independent Administrtor in the matter of the Hearing of James L. Coli. to Attorney(s) of Record: . (jr)
June 2, 1992 Opinion or Order Filing 1795 MEMORANDUM & ORDER denying [1784-1] motion for a stay pending appeal of Order approving application LXXII of the Independent Administrator under the Consent Order dated March 14, 1989 signed by Judge David N. Edelstein ); Copies mailed (jr)
May 28, 1992 Filing 1794 MEMORANDUM OF LAW by the Investigations Officer in opposition to [1784-1] motion for a stay pending appeal of Order approving application LXXII of the Independent Administrator under the Consent Order dated March 14, 1989 (jr)
May 27, 1992 Filing 1793 MEMORANDUM OF LAW by United States of Ame in opposition to [1784-1] motion for a stay pending appeal of Order application LXXII of the Independent Administrator under the Consent Order dated March 14, 1989 (jr)
May 22, 1992 Filing 1792 NOTICE OF APPEAL of Robert Sansone; from [1783-1] order denying Sansone's objections to the Independent Administrator's decision. . Copies of notice of appeal mailed to Attorney(s) of Record: Charles Carberry; Steven Bennett; and Frederick Lacey. (jf)
May 22, 1992 Notice of appeal and certified copy of docket to USCA: [1792-1] appeal ; Copy of notice of appeal sent to District Judge. (jf)
May 21, 1992 Filing 1791 Affidavit of service as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 5/19/92. Re: Application LXXIX (Document #1790). (jr)
May 21, 1992 Filing 1790 Filed Application LXXIX by the Independent Administrator under the Consent Order dated March 14, 1989--Decision of the Independent Administrator in the Matter of the hearing of James L. Coli. (jr)
May 21, 1992 Filing 1789 Affidavit of service as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 5/19/92. Re: Application LXXVIII (Doc. #1788). (jr)
May 21, 1992 Filing 1788 Filed Application LXXVIII by the Independent Administrator under the Consent Order dated March 14, 1989--Decision of the Independent Administrator in the matter of the hearing of David L. Reardon. (jr)
May 21, 1992 Filing 1787 Filed Decision of the Independent Administrator in the matter of David L. Reardon. (jr)
May 21, 1992 Filing 1786 Filed Decision of the Independent Administrator in the matter of James L. Coli. (jr)
May 20, 1992 Filing 1785 MEMORANDUM in support of [1784-1] motion for a stay pending appeal of Order approving application LXXII of the Independent Administrator under the Consent Order dated March 14, 1989 (jr)
May 20, 1992 Filing 1784 NOTICE OF MOTION by Robert C. Sansone for a stay pending appeal of Order approving application LXXII of the Independent Administrator under the Consent Order dated March 14, 1989 , Return date 5/15/92 (jr)
May 15, 1992 Opinion or Order Filing 1783 OPINION & ORDER # 69825, denying Sansone's objections to the Independent Administrator's decision. , affirming the decision of the Independent Administrator in its entirety. , and dissolving the stay of penalties imposed by the Independent Administrator, effective immediately. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
May 15, 1992 Opinion or Order Filing 1782 ORDER, affirming the decision of the independent Administrator concerning Joseph E. Kosey in all respects. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
May 13, 1992 Filing 1781 Filed Letter from Theodore L. Hecht to Judge Edelstein dated May 12, 1992. re: Independent Administrators's Application LXXVI. (jr)
May 11, 1992 Filing 1779 Filed Letter from Steven C. Bennett to Judge Edelstein dated May 6, 1992. Re: application LXXIII. (jr)
May 8, 1992 Filing 1778 Filed Letter from Patrick J. Calihan to Judge Edelstein dated May 6, 1992. Re: Application LXXVI. (jr)
May 5, 1992 Filing 1777 Transcript of record of proceedings filed for dates of January 14, 1992 (jr)
May 5, 1992 Filing 1776 Transcript of record of proceedings filed for dates of January 14, 1992 (jr)
May 4, 1992 Filing 1780 MEMORANDUM OF LAW by the Investigations Officer in support of Independent Administrator's Application LXXIII. (jr)
May 1, 1992 Filing 1775 Affidavit of service by UPS Next Day Air on 4/28/92 (Application LXXVII of the Investigation Officer). (jr)
May 1, 1992 Filing 1774 Filed Application LXXVII by the Independent Administrator under the Consent Order dated 3/14/89-Agreement between the Investigations Officer and John S. Mahoney, Jr., Resolving the charges filed by the Investigations Officer. (jr)
May 1, 1992 Filing 1773 AFFIDAVIT & AGREEMENT between the Investigations Officer and John S. Mahoney. (jr)
April 28, 1992 Filing 1772 Filed Letter from Cary Hammond to Judge Edelstein dated 4/22/92. In re: Corrected copy of page 50 of Respondent's brief in opposition to the Independent Administrator's application for an order directing compliance with his decisiion. (jr)
April 28, 1992 Filing 1771 MEMORANDUM by Investigations Officer in support of [1728-1] Application LXXII by the Independent Administrator. (jr)
April 28, 1992 Filing 1770 MANDATE OF USCA (certified copy) Re: [1617-1] appeal is dismissed without costs or fees. (Elaine B. Goldsmith, Clerk). E.O.D. 5/1/92. (jr)
April 27, 1992 Opinion or Order Filing 1769 MEMORANDUM & ORDER # 69728, denying Trivigno's objections to the Independent Administrator's decision. , and affirming the decision of Independent Administrator (Application LXVIII) in all respects. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
April 24, 1992 Filing 1768 Affidavit of service of Application LXXVI by UPS Next Day Air on 4/22/92. (jr)
April 24, 1992 Filing 1767 Filed Decision of the Independent Administrator. In re: Joseph Kosey. (jr)
April 24, 1992 Filing 1766 Filed Application LXXVI by the Independent Administrator under the Consent Order dated 3/14/89--Decision of the Independent Administrator in the matter of the hearing of Joseph Kosey. (jr)
April 24, 1992 Filing 1765 Affidavit of service of Application LXXV by UPS Next Day Air on 4/22/92 (jr)
April 24, 1992 Filing 1764 Filed Application LXXV by the Independent Administrator Under the Consent Order dated 3/14/89-Agreements between the Investigations Officer and Bernice Pierce, Charles Meyer, Raymond Porter, and Gary Anthony resolving the charges filed by the Investigations Officer. (jr)
April 24, 1992 Filing 1763 AFFIDAVIT & AGREEMENT between Bernice O. Pierce and the Investigations Officer by Int'l Bhd of Teamsters. (jr)
April 24, 1992 Filing 1762 AFFIDAVIT & AGREEMENT between Raymond Porter and the Investigations Officer by Int'l Bhd of Teamsters. (jr)
April 24, 1992 Filing 1761 AFFIDAVIT & AGREEMENT between Charles Meyer and the Investigations Officer by Int'l Bhd of Teamsters. (jr)
April 24, 1992 Filing 1760 AFFIDAVIT & AGREEMENT between Gary Anthony & the Investigations Officer by Int'l Bhd of Teamsters e: (jr)
April 22, 1992 Filing 1759 Filed Letter from Steven C. Bennett to Judge Edelstein dated 4/21/92. In re: Applicaiton LXVII. (jr)
April 22, 1992 Filing 1758 MANDATE OF USCA (certified copy) Re: [1695-1] appeal. nunes' claims are found to be without merit. (Elaine B. Goldsmith, Clerk). E.O.D. 4/23/92. (jr)
April 21, 1992 Filing 1757 MANDATE OF USCA (certified copy) Re:Appeal by Jos. Ballew, Western Conference of Teamsters. Withdrawing the petition for a writ of mandamus. Elaine B. Goldsmith, Clerk. E.O.D. 4/22/92. (jr)
April 21, 1992 Opinion or Order Filing 1756 ORDER affirming application LXX of the Independent Administrator ( signed by Judge David N. Edelstein ); Copies mailed (jr)
April 20, 1992 Filing 1755 Notice that the Supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals on 4/3/92. : [1699-1] appeal (jr)
April 20, 1992 Filing 1754 MEMORANDUM by Investigations Officer in support of [1746-1] Application LXVIII. (jr)
April 17, 1992 Filing 1753 BRIEF re:in opposition to Doc. 1728 (Application LXXII). by Respondent Robert Sansone. (jr)
April 16, 1992 Filing 1752 Notice that the first supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1699-1] appeal (jr)
April 16, 1992 Opinion or Order Filing 1751 STIPULATION and ORDER AS TO RECORD ON APPEAL 92-6068 (Application No. LXIV. , substituting listed documents for corresponding original record items for the purposes of compiling the record on appeal in US v. IBT ( signed by Judge David N. Edelstein ). (jr)
April 15, 1992 Filing 1750 Filed Letter from Dominick J. Mangano to Judge Edelstein dated 3/18/92. In re: Request for a review ot case history of 92Elec App. 251. (jr)
April 15, 1992 Filing 1749 Filed Letter from Theodore L. Hecht to Judge Edelstein dated 4/14/92. In re: Application LLX. (jr)
April 10, 1992 Filing 1748 Filed Exhibits per order of DNE . In re: Application LXIV of the Independent Administrator (Michael Dickens, Jack Weber, Duane Wilson). (jr)
April 8, 1992 Filing 1747 CERTIFICATE OF SERVICE of Application LXVIII by mail on 4/3/92. (jr)
April 8, 1992 Filing 1746 Filed Application LXVIII by the Independent Administrator under the Consent Order dated 3/14/89--Decision of the Independent Administrator in the matter of the hearing of John Trivigno. (jr)
April 8, 1992 Filing 1745 Affidavit of service of Summary Report of the Independent Administrator by mail on 4/6/92. (jr)
April 8, 1992 Filing 1744 Filed Summary Report of the Independent Administrator as of February 29, 1992. (jr)
April 8, 1992 Filing 1743 Filed Letter from Christing H. Chung to Judge Edelstein dated 4/7/92. In re: Application LXIX. (jr)
April 8, 1992 Opinion or Order Filing 1742 ORDER, affirming the Independent Administrator's decision in Election Appeal 91-Elec. App.-251(SA), which affirmed the Election Officer's decision in Case No. P-1126-LU705-CHI. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
April 8, 1992 Opinion or Order Filing 1741 ORDER, affiirming the decision of the Independent Administrator as to Lynn Wells. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
April 8, 1992 Filing 1740 Filed Letter from Steven C. Bennett to Mr Gursky dated 4/7/92. In re: Independent Administrator's decision which was afirmed by the District Court on January 31, 1992. (jr)
April 3, 1992 Opinion or Order Filing 1739 ORDER, substituting attorney terminated Added Stephen Presser ( signed by Judge David N. Edelstein ); Copies mailed (jr)
April 3, 1992 Filing 1738 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1699-1] appeal (jr)
April 1, 1992 Filing 1737 Filed Letter from Charles M. Carberry to Judge Edelstein dated 3/31/92. In re: Application LXIX. (jr)
March 31, 1992 Filing 1736 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1695-1] appeal (jr)
March 31, 1992 Filing 1735 Filed Letter from Frederick B. Lacey to Mr. Gilberg. In re: February 7, 1992 Consent Order. (jr)
March 31, 1992 Filing 1734 Filed Letter from Ted B. Kuhn to Judge Edelstein dated 3/23/92. In re: Application LXIX. (jr)
March 31, 1992 Filing 1733 Affidavit of service of Application LXXIII by UPS Next Day Air on 3/31/92 (jr)
March 31, 1992 Filing 1732 Affidavit of service of Application LXXII by UPS next Day Air on 3/30/92 (jr)
March 31, 1992 Filing 1731 Filed Decision of the Independent Administrator In re: Patrick Crapanzano and Louis Lanza. (jr)
March 31, 1992 Filing 1730 Filed Decision of the Independent Administrator. In RE: Robert C. Sansone. (jr)
March 31, 1992 Filing 1729 Filed Application LXXIII by the Independent Administrator under the Consent Order Dated 3/14/89--Decision of Independent Administrator in the matter of the hearing of Patrick Crapanzano and Louis Lanza. (jr)
March 31, 1992 Filing 1728 Filed Application LXXII by the Independent Administrator under the Consent Order dated 3/14/89--Decision of the Independent Administrator in the matter of the hearing of Robert Sansone. (jr)
March 31, 1992 Filing 1727 Filed Letter to Judge Edelstein from Christine H. Chung dated 3/31/92. In Re: Appeal of Dominick mangano. (jr)
March 30, 1992 Filing 1725 Affidavit of service of Application LXXI by UPS Next Day Air on 3/26/92 (jr)
March 30, 1992 Filing 1724 Filed Application LXXI by the Independent Administrator under the Consent Order dated March 14, 1989--Agreements between the Investigations Officer and Camillo Lombardozzi and Salvatore Barbato. (jr)
March 30, 1992 Filing 1723 AFFIDAVIT AND AGREEMENT between the Investigations Officer and Salvatore Barbato. (jr)
March 30, 1992 Filing 1722 AFFIDAVIT & Agreement between the Investigations Officer and Camillo Lombardozzi. (jr)
March 30, 1992 Filing 1721 Affidavit of service of Application LXX by UPS Next day Air on 3/26/92 (jr)
March 30, 1992 Filing 1720 Filed Application LXX by the Independent Administrator under the Consent Order dated March 14, 1989--Decision of the Independent Administrator in the matter of the Hearing of George Chiavola. (jr)
March 30, 1992 Filing 1719 Filed Decision of the Independent Administrator. In re: George Chiavola. (jr)
March 26, 1992 Filing 1726 MANDATE OF USCA (certified copy) Re:Calagna Appeal #91-6232. The above captioned appeal is withdrawn without costs and without attorney's fees. (Elaine B. Goldsmith, Clerk). E.O.D. 4/10/92. (jr)
March 25, 1992 Filing 1726 JUDGMENT # 92,0647 for the Ron Carey Slate against Int'l Bhd of Teamste in the amount of $14,324.10 with interest thereon as provided by law. ( signed by Judge David N. Edelstein ); Mailed copies and notice of right to appeal. (jr)
March 18, 1992 Filing 1718 Notice that the first supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: Carmen Parisi Appeal. (jr)
March 18, 1992 Filing 1717 Affidavit of service of Quarterly Report. by Mail on 3/17/92 (jr)
March 18, 1992 Filing 1716 Filed Quarterly report XI of the Independent Administrator under the consent order Article F. 12 "Report to the Court". (jr)
March 18, 1992 Filing 1715 Affidavit of service of Application LXIX by Mail on 3/17/92 (jr)
March 18, 1992 Filing 1714 Filed Decision of the Independent Administrator. In re: Lynn Wells. (jr)
March 18, 1992 Filing 1713 Filed Application LXIX by the Independent Administrator under the Consent Order dated March 14, 1989-Decision of the Independent Administrator in the matter of the hearing of Lynn Wells. (jr)
March 13, 1992 Filing 1712 Filed Letter from Bruce E. Pence to Judge Edelstein dated 2/11/92. In re: Letter dated 2/5/92 from AUSA Steven C. Bennett urging the Court to direct compliance with a decision issued by Judge Lacey on December 23, 1991. (jr)
March 13, 1992 Filing 1711 Affidavit of service as to Int'l Bhd of Teamste, AFL-CIO by UPS Next Day Air on 3/13/92 (jr)
March 13, 1992 Filing 1710 Filed Decision of the Independent Administrator. In re: John Trivigno. (jr)
March 13, 1992 Filing 1709 Filed Application LXVIII by the Independent Administrator under the Consent Order Dated march 14, 1989--Decision of the Independent Administrator in the matter of the Hearing of John Trivigno. (jr)
March 13, 1992 Filing 1708 Filed Letter from William p. Barr to Members of the General Executive Board dated 3/8/92. In RE: March 14, 1989 Consent Order. (jr)
March 13, 1992 Filing 1705 Notice that the first supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1577-1] appeal (jr)
March 11, 1992 Filing 1703 STIPULATION to Supplement the record on appeal (Appeal No. 91-6280). (jr)
March 11, 1992 Opinion or Order Filing 1702 ORDER, to amend the Court's 1/31/92 order, affirming the Independent Administrator's decision in election Appeal 91-Elec. App-242(SA). ( signed by Judge David N. Edelstein ); Copies mailed (jr)
March 11, 1992 Notice of appeal and certified copy of docket to USCA: ; Copy of notice of appeal sent to District Judge. (jf)
March 10, 1992 Filing 1699 NOTICE OF APPEAL of respondents Duane Wilson,Michael Dickins, and Jack Weber ; from [1684-1] order denying respondents' objections to the Independent Administrator's decision. . Copies of notice of appeal mailed to Attorney(s) of Record: Marc B. Gursky, John M. Harnett . (jf)
March 9, 1992 Filing 1707 AFFIDAVIT of Donald K. Williams by AFL-CIO Re:To resolve charges in Consent Order entered March 14, 1989. (jr)
March 9, 1992 Opinion or Order Filing 1706 STIPULATION and ORDER, that the attached pages constitute the record on appeal and be entered into the record at USDC SDNY for transfer to United States Court of Appeals for the Second Circuit. ( signed by Judge Pierre N. Leval ). (jr)
March 5, 1992 Filing 1701 MANDATE OF USCA (certified copy) Re: Appeal by Joint Council 73. The order of districtcourt is vacated and the action is remanded to the said district court. Elaine B. Goldsmith, Clerk. E.O.D. 3/13/92. (jr)
March 2, 1992 Filing 1700 MANDATE OF USCA (certified copy) Re: Appeals by Lombardozzi and Zappi. The Orders of said District Court are Affirmed. Elaine B. Goldsmith, Clerk. E.O.D. 3/13/92. (jr)
February 25, 1992 Filing 1698 MANDATE OF USCA (certified copy) Re: [1581-1] appeal . The judgment of the district court is affirmed. Elaine B. Goldsmith, Clerk. E.O.D. 3/9/92. (jr)
February 24, 1992 Filing 1696 NOTICE OF APPEAL of James Buckley,Dominick Milano, andDavid Morris; from [1661-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Marc B. Gursky, John M. Harnett . (jf)
February 21, 1992 Filing 1704 MANDATE OF USCA (certified copy) Re:Sikorsky Aircraft Appeal. Order of district Court is reversed and the action is remanded to the said district court for further proceedings in accordance with the opinion of this court. Elaine B. Goldsmith, Clerk. E.O.D. 3/13/92. (jr) Modified on 06/16/1992
February 20, 1992 Filing 1697 MANDATE OF USCA (certified copy) Re:Affirming order of district court in accordance with the opinion of the Court with costs to be taxed against the appellant, Star Market Company. The stay previously entered by the court is vacated. Elaine B. Goldsmith, Clerk. E.O.D. 3/2/92. (jr) Modified on 03/02/1992
February 20, 1992 Filing 1695 NOTICE OF APPEAL ; of UPS from [1652-1] order as to contents of REcord on Appeal on behalf of Appellant Leroy Nunes. That the following documents shall constitute the contents of the Record on Appeal be transmitted to the 2nd Circuit Court of Appeal . Copies of notice of appeal mailed to Attorney(s) of Record: Marc B. Gursky, John M. Harnett . (jf)
February 20, 1992 Filing 1692 Transcript of record of proceedings filed for dates of December 2, 1991 (jr)
February 20, 1992 Filing 1691 Transcript of record of proceedings filed for dates of December 2, 1991 (jr)
February 20, 1992 Filing 1690 Transcript of record of proceedings filed for dates of December 2, 1991 (jr)
February 20, 1992 Filing 1689 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: In Re: Carmen E. Parise. (jr)
February 18, 1992 Filing 1687 CERTIFICATE OF SERVICE by Int'l Bhd of Teamsters as to U.S. Attorneys Office by mail on 2/7/92; as to LeBoeuf, Lamb, Leiby & MacRae by mail on 2/7/92 and as to International Brotherhood of Teamsters by mail on 2/7/92. (sc)
February 14, 1992 Filing 1693 NOTICE OF APPEAL by Int'l Bhd of Teamste, AFL-CIO ; from [1661-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Marc B. Gursky, John M. Harnett . (jf)
February 13, 1992 Filing 1694 NOTICE OF APPEAL by Int'l Bhd of Teamste, AFL-CIO ; from [1661-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Marc B. Gursky, John M. Harnett . (jf)
February 13, 1992 Filing 1686 AFFIDAVIT of Richard L. MacDonald Re: in further compliance with [1567-1] order (jr)
February 11, 1992 Filing 1688 JUDGMENT # 92,0647 for Ron Carey in the sum of $14,324.10 with interest from the 26 Local 63 officers listed herein and the 21 members of the Informed Teamsters for the Good of All Slate. ( signed by Judge Kevin T. Duffy ); Mailed copies and notice of right to appeal. (E.O.D. 2/20/92). (jr) Modified on 12/18/1992
February 11, 1992 Opinion or Order Filing 1684 MEMORANDUM OPINION # 69335, denying respondents' objections to the Independent Administrator's decision. , to amend the decision of the Independent Administrator LXIV. , ordered that the stay of penalties imposed on REspondents by the Independent Administrator is dissolved effective immediately. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
February 10, 1992 Filing 1683 Filed Letter from Steven C. Bennett to Judge Edelstein dated 2/4/92. In re: In support of the Independent Administrator's Application LXIV. (jr)
February 10, 1992 Filing 1682 Notice that the First Supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1617-1] appeal (jr)
February 3, 1992 Opinion or Order Filing 1681 STIPULATION and ORDER, to augment the record. The attached Investigations Officer's Exhibts may be augmented by this filing, and that the Clerk should deliver the iInvestigations Officer's Exhibits to the Court of Appeals to complete the Record on Appeal in this case. ( signed by Judge Charles S. Haight ). (jr)
January 31, 1992 Opinion or Order Filing 1680 ORDER, denying petitioners' application for a stay of the Independent Administrator's decision , affirming the decision of the Independent Administrator in Election Appeal 91-Elec. App. -242 (SA). ( signed by Judge David N. Edelstein ); Copies mailed (jr)
January 31, 1992 Opinion or Order Filing 1679 ORDER, that Star Market compensate the Election Office for the sum of $156.25 within ten business days of the filing of this order. , that Star Market compensate the Office of the Independent Administrator for the sum of $1,780.00, which is the sum of $1,202.50 and $577.50, within ten days of the filing of this order. , that Star Market compensate the Government for the sum of $3,162.50 within ten days of the filing of this order. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
January 31, 1992 Filing 1678 NOTICE of Change of Law firm name of attorneys for Respondents Michael Dickens, Duane Wilson and Jack Weber. to SPIVAK, LIPTON, WATANABE, SPIVAK & MOSS. (jr)
January 31, 1992 Filing 1677 NOTICE OF MOTION for an order petmitting Bruce E. Pence to appear as counsel for Michael Dickens, Duane Wilson and JackWeber Retrun Date 2/17/92 (jr)
January 30, 1992 Filing 1676 MEMORANDUM of the Investigations Officer's in support of [1635-1] Independent Administrator's Application LXIV. (jr)
January 29, 1992 Filing 1675 DECLARATION of Edward T. Ferguson, III by United States of Ame Re:the Government's renewed motion to recover its attorney's fees in connection with the Government's motion to affirm the Independent Administrator's 9/18/91, decision affirming the Election Officer's 9/9/91 decision concerning Star Market, Inc. (jr)
January 29, 1992 Opinion or Order Filing 1668 MEMORANDUM & ORDER, that Cuozzo's objections to the Independent Administrator's opinion are denied; , that the opinion of the Independent Administrator is affirmed in all respects; and that the stay of penalties imposed on Cuozzo by the Independent Administrator is dissolved etc. , ( signed by Judge David N. Edelstein ); Copies mailed (sc) Modified on 01/29/1992
January 24, 1992 Filing 1674 AFFIDAVIT of Barbara J. Hillman Re:Affidavit of Attorney's Fees pursuant to Opinion and Order dated 10/29/91. (Henderson). (jr)
January 24, 1992 Filing 1673 Filed Letter from Michael Holland to Judge Edelstein dated 11/13/91. In Re: Opinion & Order dated 10/29/91. (jr)
January 24, 1992 Filing 1670 Filed Letter fro, Michael H. Holland to Judge Edelstein dated 1/23/92. In Re: 1991 IBT International Union Officer election results (copy enclosed). (jr)
January 23, 1992 Opinion or Order Filing 1672 ORDER denying [1638-1] motion ( signed by Judge David N. Edelstein ); Copies mailed (jr)
January 23, 1992 Opinion or Order Filing 1671 ORDER, that the incumbents and Beck within two business days of the filing of this order by written affidavit shall issue a complete retraction and apology to the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
January 23, 1992 Filing 1669 AFFIDAVIT of Richard L MacDonald Re: Order & Opinion of Judge Edelstein affirming the September 18, 1991 decision of the Independent Administrator. (jr)
January 22, 1992 Opinion or Order Filing 1662 Memo endorsed on motion;, motion to appear pro hac vice is granted. So Ordered. ( signed by Judge Robert W. Sweet ); Copies mailed. (sc)
January 21, 1992 Filing 1667 Filed letter from Edward T. Ferguson to Judge Edelstein dated 1/16/92 In Re: Application LXVi. (jr)
January 21, 1992 Filing 1666 Filed Letter from James P. Hoffa to Judge Lacey dated 1/15/92. In Re: Application LXVI. (jr)
January 21, 1992 Filing 1665 Filed letter from Edward T. Ferguson to Judge Edelstein dated 1/15/92. In Re: UPS's motion for reargument of the Court's 12/20/91 decision dismissing as moot UPS's appeal from six decisions of the Independent Administrator. (jr)
January 21, 1992 Filing 1664 MEMORANDUM OPINION # 69235, amending the opinion of the Independent Administrator, and as so modified, the opinion is affirmed. Cherilla's objections to the Independent Administrator's opinion are denied. The stay of penalties imposed on Cherilla by the Independent Administrator is dissolved, effective immediately. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
January 20, 1992 Filing 1663 Filed letter from Michael H. Holland to Judge Edelstein dated 1/17/92. In RE: The Court's Memorandum and Order of 10/18/89. (jr)
January 17, 1992 Filing 1659 MEMORANDUM OPINION # 69226, that the incumbent officers of IBT Local 707 relinquish control of Local 707 to the newly elected officers of that Local immediately, and no later than 1/17/92 at 5:30p.m. ( Signed by Judge David N. Edelstein ); Copies mailed. (jr)
January 16, 1992 Opinion or Order Filing 1661 ORDER denying [1660-1] remark. Affirming the opinion of the Independent Administrator in all respects. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
January 16, 1992 Filing 1660 Filed Respondents' Objections to Application LXIV by the Independent Administrator under the Consent Order Dated 3/14/89- Desision of the Independent Administrator in the matter of the hearing of Michael Dickens, Duane Wilson and Jack Weber. (jr)
January 16, 1992 Filing 1658 Filed Letter from Edward T. Ferguson, III to Judge Edelstein dated 1/14/92. In Re: Application LX. (jr)
January 16, 1992 Filing 1657 Filed Letter from Edward T. Ferguson, III to Judge Edelstein dated 1/14/92. In Re: Application LVIII. (jr)
January 14, 1992 Filing 1656 Affidavit of service of Application LXVI by Stuart Alderoty, Personally on 1/14/92 (jr)
January 14, 1992 Filing 1655 AFFIDAVIT in support of Frederick B. Lacey Re: [1654-1] remark (jr)
January 14, 1992 Filing 1654 Filed Application LXVI by the Independent Administrator under the Consent Order dated 3/14/89- - Independent Administrator's request for the Order, Inter Alia, compelling the incumbent officers of Local 707 to relinquish control to the newly elected officers and compelling the honest ballot association to certify the IBF Local Union 707 officer election. (jr)
January 13, 1992 Filing 1653 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1601-1] appeal (jr)
January 13, 1992 Filing 1652 STIPULATION as to contents of REcord on Appeal on behalf of Appellant Leroy Nunes. That the following documents shall constitute the contents of the Record on Appeal be transmitted to the 2nd Circuit Court of Appeal (jr)
January 13, 1992 Filing 1651 Affidavit of service of Application LXVby UPS Next Day Air on 1/9/92 (jr)
January 13, 1992 Filing 1650 AFFIDAVIT AND AGREEMENT of Gilberto Soto, John Brown, John Guagliardo, Victor Nejia, Gregory Cansler and Norberto Costa Re:To resolve the charges of the Iinvestigations Officer. (jr)
January 13, 1992 Filing 1649 AFFIDAVIT AND AGREEMENT of William A. Feeney Re: Ro resolve the charges of the Investigations Officer. (jr)
January 13, 1992 Filing 1648 Filed Application LXV by the Independent Administrator under the Consent Order dated 3/14/89- Agreements between the Investigations Officer and William A. Feeney, Gilberto Soto, John Brown, John Guagliardo, Victor Mejia, Gregory Cansler and Norberto Costa. (jr)
January 13, 1992 Filing 1647 Affidavit of service of Application LX by UPS Next Day Air on 11/18/91 upon Attorneys of REcord. (jr)
January 13, 1992 Filing 1646 Filed Application LX by the Independent Administrator under the Consent Order dated 3/14/89- - Decision of the Independent Administrator in the Matter of the hearing of James Buckley, James McNeil, Dominick Milano, David Morris, and Michael Morris. (jr)
January 10, 1992 Filing 1645 Filed Application for Review and motion to stay decision of the Independent Administrator by appellants Paul G. Hanoian and IBT Local Union No. 64. (jr)
January 10, 1992 Filing 1644 Filed Desision of the Independent Administrator affirming the findings of the Investigations Officer in regards to the five respondents in this matter. (jr)
January 10, 1992 Filing 1643 MANDATE OF USCA (certified copy) Re: [1602-1] appeal by Int'l Bhd of Teamste . iAppeal is reinstated for the purpose of c orrecting the said default and is dismissed as not properly before this Court. (Elaine B. Goldsmith, Clerk). (jr)
January 9, 1992 Filing 1640 Transcript of record of proceedings filed for dates of November 18, 1991 (jr)
January 8, 1992 Filing 1642 MANDATE OF USCA (certified copy) Re: [1576-1] appeal (dismissing). Signed Elaine B. Goldsmith, Clerk. (jr)
January 7, 1992 Filing 1639 MEMORANDUM in support of [1638-1] motion (cd)
January 7, 1992 Filing 1638 NOTICE OF MOTION of non party employer United Parcel Service granting reargument of the Court's order dated 12/20/91... , Return date 1/21/92 (cd)
January 7, 1992 Filing 1637 fld quarterly report X of the independent administrator under the consent order article F. 12, "Report To the Court" (cd)
January 6, 1992 Filing 1641 Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [1577-1] appeal (jr)
January 6, 1992 Filing 1636 Affidavit of service by UPS Next Day Air on 12/26/91 upon James T. Grady, Esq., Edward T. Ferguson, III, AUSA, Charles M. Carberry, Esq., Michael H. Holland, Esq., Bruce Pence, Esq. (jr)
January 6, 1992 Filing 1635 Filed Application LXIV by the Independent Administrator under the Consent order dated 3/14/89-Decision of the Independent Administrator in the matter of the hearing of MIchael Dickens, Duane Wilson and Jack Weber. (jr)
January 3, 1992 Filing 1634 MEMORANDUM OF LAW in support of [1633-1] motion for reargument of the Court's order dated 12/20/91. (jr)
January 3, 1992 Filing 1633 NOTICE OF MOTION by United Parcel Service, Inc. for reargument of the Court's order dated 12/20/91. , Return date 1/21/92 (jr) Modified on 01/03/1992
December 27, 1991 Filing 1632 MANDATE OF USCA (certified copy) Re: dismissing [1592-1] appeal. (Signed by Elaine B. Goldsmith, Clerk). E.O.D. 1/1/92). (jr)
December 27, 1991 Filing 1631 Filed letter from Edward T. Ferguson, III to Judge Edelstein dtd. 12/16/91. In Re: UPS' appeal. (jr)
December 20, 1991 Filing 1630 Affidavit of service of Application LXIII by UPS upon James T. Grady, Edward T. Ferguson, Charles M. Carberry, Michael H. Holland, Martin J. Livingston, Richard Gilsberg on 12/20/91 . (jr)
December 20, 1991 Filing 1629 Filed Decision of the Independent Administrator. Re: Anthony Cuozzo. (jr)
December 20, 1991 Filing 1628 Filed Application LXIII by the Independent Administrator under the Consent Order dated 3/14/89--Deciswion of the Independent Administrator in the Matter of the Hearing of Anmthony Cuozzo. (jr)
December 20, 1991 Filing 1627 MANDATE OF USCA (certified copy) Re: [1617-1] appeal, [1612-1] appeal (jr)
December 20, 1991 Filing 1626 MEMORANDUM OF LAW i in support of [1625-1] motion by Movant Teamster Rank and File Education and Legal Defense Foundation. (jr)
December 20, 1991 Filing 1625 NOTICE OF MOTION by the Teamster Rank and File Education and Legal Defense Foundation for declaratory and injunctive relief Return date 2/12/92 , (jr)
December 18, 1991 Filing 1622 MEMORANDUM of Investigations Officer in support of Independent Administrator's Application LX. (jr)
December 17, 1991 Filing 1624 Transcript of record of proceedings filed for dates of October 28, 1991 (jr)
December 17, 1991 Filing 1623 Transcript of record of proceedings filed for dates of October 25, 1991 (jr)
December 17, 1991 Filing 1621 Memo endorsed on motion; granting [1618-1] motion for Marc B. Gursky to appear pro hac vice ( signed by Judge David N. Edelstein ); Copies mailed. (jr)
December 16, 1991 Filing 1620 Investigation Officer's Memorandum in support of the Independent Administrator's Application LVIII (sc) Modified on 12/17/1991
December 16, 1991 Filing 1619 AFFIDAVIT in support of Marc B. Gursky by Int'l Bhd of Teamste Re: [1618-1] motion for Marc B. Gursky to appear pro hac vice (jr)
December 16, 1991 Filing 1618 NOTICE OF MOTION by Int'l Bhd of Teamste for Marc B. Gursky to appear pro hac vice , No Return Date (jr)
December 6, 1991 Filing 1617 AMENDED NOTICE OF APPEAL by nonparty employer United parcel Service. Amending Notice of Appeal (Doc. #1612). ; from six decisons by the Independent Administrator or his designee(attached) in the above matter. ; Entered on docket 12/6/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 1/5/92 (jr)
December 6, 1991 Filing 1616 NOTICE OF MOTION by non-party employer United Parcel Service for Nicholas N. Price to appear pro hac vice , Return date 12/13/91 (jr)
December 6, 1991 Filing 1615 MEMORANDUM by The Investigations Officer in re: response to [1603-1] motion of Respondent Carmen E. Parise to Correct the Record of the Proceedings before the Independent Administrator. (jr)
December 4, 1991 Opinion or Order Filing 1614 ORDER, that the application of the Pride Coalition is denied. , That all ballots must be received by the Honest Ballot Association no later than 9:00am on January 8, 1992. ( signed by Judge David N. Edelstein ); Copies mailed (jr)
December 4, 1991 Filing 1611 MEMORANDUM on behalf of Respondents James Buckley, Dominick Milano, and David Morris in opposition to the Findings of the Independent Administrator (Application LX). (jr)
December 3, 1991 Filing 1613 MANDATE OF USCA (certified copy) Re:Appeal of Joint Council 73, Frank Carracino, Caesar Guazzo. et al. The order of district court is vacated and the action is remanded to the said district court for further proceedings in accordance with the opinion of this court. (Signed Elaine B. Goldsmith, Clerk. (jr)
November 27, 1991 Filing 1612 NOTICE OF APPEAL by Non-Party employer United Parcel Service, Inc. ; from attached decisions by the Independent Administrator or his designee in the above matter. ; Entered on docket Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 12/27/91 (jr)
November 27, 1991 Filing 1610 Application LVIII by the Independent Administrator under the consent order Dated 3/14/89-decision of the Independent Administrator in the matter of the hearing of William Cherilla-Brief of William Cherilla opposing entry of decision. (jr)
November 27, 1991 Filing 1609 Affidavit of service of Application LXII upon Honourable David N. Edelstein, James T. Grady, Esq, Edward T. Ferguson, III, A.U.S.A., Charles M. Carberry, Esq. Michael H. Holland, Esq., John N. Ianuzzi, Esq. by Next Day Air on 11/25/91 (jr)
November 27, 1991 Filing 1608 AFFIDAVIT & AGREEMENT off Leborio "Robert" Crapanzano Re:Consent Order entered 3/14/89. (jr)
November 27, 1991 Filing 1607 Aplication LXII by the Independent Administrator under the consent order Dated 3/14/89-Agreement between the investigations officer and Liborio "Robert" Crapanzano. (jr)
November 27, 1991 Opinion or Order Filing 1606 STIPULATION and ORDER, for transmittal of record in No. 90 Civ 1226 (DNE). Applications XXII and L (Theodore R. Cozza). ( signed by Judge David N. Edelstein ). (jr)
November 27, 1991 Memo endorsed on motion; denying [1603-1] motion of Respondent Carmen E. Parise to Correct the Record of the Proceedings before the Independent Administrator. ( signed by Judge David N. Edelstein ); Copies mailed. (jr)
November 26, 1991 Filing 1605 MANDATE OF USCA (certified copy) Re: that the judgment of said District Court is affirmed in part and reversed in part as to Appellant George Vitale. While we reverse on the fiduciary duty charge, there is no need to remand this case to the District Court since the six month suspension that we reverse runs concurrently with the longer suspensions that we uphold..ELAINE B. GOLDSMITH, CLERK. Copie sent to District Judge. (jr)
November 26, 1991 Filing 1604 MANDATE OF USCA (certified copy) Re: [1592-1] appeal...Ordered, that the order of said district court is reversed and the injunction is vacated; an opinion will follow. (signed Elaine Goldsmith, Clerk USCA) E.O.D. 11/27/91 SC (sc)
November 26, 1991 Filing 1603 NOTICE OF MOTION of Respondent Carmen E. Parise to Correct the Record of the Proceedings before the Independent Administrator. , Return date 12/6/91 (sc)
November 22, 1991 Filing 1602 NOTICE OF APPEAL by Int'l Bhd of Teamste ; from [1555-1] order Ordered that Parise's objections to the Independent Administrator's decision are denied. Further Ordered, that the decision of the Indpendent Administrator is affirmed in all respects....that the stay of penalties imposed on Parise by the Independent Administrator is dissolved, effective immediately. ; Entered on docket 10/24/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 12/23/91 (jl)
November 22, 1991 Filing 1600 AFFIDAVIT of Michael Dileonardo Re: Affdvt. & Agreement with Investigations Officer, Charles M. Carberry. (jl)
November 22, 1991 Filing 1599 AFFIDAVIT of Joseph Murray Re: Affdvt. & Agreement between the Investigations Officer & Charles M. Carberry. (jl)
November 22, 1991 Filing 1598 AFFIDAVIT of Murlene Herron Re: affdvt & agreement with Investigations Officer Charles M. Carberry. (jl)
November 22, 1991 Filing 1597 APPLICATION L1X by the Independent Administrator in the matter of the agreement between the Investigations Officer & Michael Di Leonardo. (jl)
November 22, 1991 Filing 1596 APPLICATION LX1 by the Independent Administrator in the matter of the agreements between the Investigations Officer & Joseph Murray; & Murlene Herron resolving the charges filed by the Investigations Officer. (jl)
November 22, 1991 Filing 1595 MEMORANDUM by Commercial Carriers, Inc. in opposition to [1590-1] motion (jl)
November 22, 1991 Filing 1594 AFFIDAVIT of Ralph O. Thompson Re: in opposition to [1590-1] motion (jl)
November 21, 1991 Filing 1601 NOTICE OF APPEAL ; from Leroy Nunes from Application L11 of the Independent Administrator on 11-8-91. ; Entered on docket Copies of notice of appeal mailed to Attorney(s) of Record: . (jl)
November 20, 1991 Filing 1593 MANDATE OF USCA (certified copy) Re: [1562-1] appeal : Ordered that the motion for a stay pending appeal filed by Statr Market is granted on condition that (1) Mr. Henderson be permitted to remain on Statr Market property in order to campaign as permitted by the Dist. Ct. (2) A notice be posted prominently on Star Market premises advising that Mr. Henderson's appeal regarding his discharge is pending in this Court. (3) Any salary due Mr. Henderson from 5-13-91 be held by the Co. in escrow pending determination of his appeal seeking reinstatement. Appellant shall file a brief by 11-13-91. Appellee shhall file a brief by 11-20-91: Appeal shall be heard the week of 11-25-91... CLERK ELAINE B. GOLDSMITH EOD 11-21-91. (jl)
November 19, 1991 Filing 1592 NOTICE OF APPEAL of Commercial Carriers, Inc. ; from [1591-1] order compelling Commercial to take certain actions within 24 hours... ; Entered on docket 11/19/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 12/19/91 (jl)
November 19, 1991 Opinion or Order Filing 1591 MEMORANDUM OPINION # 68946: Ordered, that the 10-23-91 decision of the Election Officer in Election Office Case No. P-910-LU710-CHI is affirmed; and further that Commerical must comply fully, within 24 hours of the filing of this opinion & Order, with this Court's order which affirms the 10-23-91 decision of the Election Officer in Election Office Case No. P-910-LU710-CHI; and further Ordered that Commercial must cause the dismissal, within 24 hours of the filing of this opinion, of its appeal to the USCA to the 6th Circuit, No. 91-2247, from the dismissal of the action styled, Commercial Carriers, Inc. V. US, No. 91-CV-75871-DT; and Further Ordered, that in the event that Commerical fails to comply fully with this Court's orders, Commercial shall be adjudged in civil contempt, & will incur a significant coercive sanction daily until Commercial complies as directed by this Court; and Further Ordered that Commercial shall compensate the Government & the Election Officer for their attorney's fees & expenses incurred...Further Ordered that the Gov't. & the Election Officer submit affdvts, within 10 days of the filing of this opinion & order, of attorneys fees & other expenses incurred...Further Ordered that Commercial shall submit to this Court an affdvt. by a person in a Senior Management Position stating that it has complied with this Court's Order; and that Commercial's petition for a stay is denied. ( Signed by Judge David N. Edelstein ); Copies mailed. (jl)
November 18, 1991 Opinion or Order Filing 1590 ORDER TO SHOW CAUSE: Show Cause Hearing set for 9:00 11/18/91: Ordered, that Commercial show cause why an order should not be entered affirming & directing Commercial to comply fully, within 24 hours, with the 10-23-91 decision of the Election Officer in Election Office Case No. P-910-LU710-CHI, by allowing Wayne Wosnick & all other IBT members to engage in IBT election campaign activity; directing Commercial to cause dismissal, within 24 hours, of its appeal to the US Court of Appeals for the 6th Circuit; Ordered that service by the Gov't. of a copy of this Order upon Dean & Fulkerson by 11-15-91 6:00 shall constitute good service. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
November 13, 1991 Filing 1588 DECISION of the Independent Administrator in the matter of the charges against William Cherilla. (jl)
November 13, 1991 Filing 1587 APPLICATION LV111 by the Independent Administrator in the matter of the hearing of William Cherilla. (jl)
November 13, 1991 Filing 1586 AFFIDAVIT of Joseph J. Pass Re: counsel for Appellant Theodore R. Cozza in connection with the Amended Certificate of Service. (jl)
November 12, 1991 Filing 1583 MANDATE OF USCA (certified copy) Re: Notice of Motion for Preference & Expedited Appeal is granted. Appeal shall be argued during the week of 11-4-91 subject to the approval pf the presiding judge of that panel. Appellant shall file a brief & appendix by 5pm. 11-1-91 or use as brief & appendix the papers already filed. Appellee shall file its brief by 11-4-91. CLERK ELAINE B. GOLDSMITH EOD 11-13-91. (jl)
November 8, 1991 Opinion or Order Filing 1585 ORDER denying [1558-1] motion to stay of Carmen E. Parise of the Court's Order of 10-24-91 suspending Parise from his union positions ( signed by Judge David N. Edelstein ); Copies mailed (jl)
November 8, 1991 Opinion or Order Filing 1584 ORDER that Nunes's objections to the Independent Administrator's opinion are denied. Further, that the opinion of the Independent Administrator is affirmed in all respects...that the stay of the penalties imposed on Nunes is dissolved & effective immediately. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
November 8, 1991 Opinion or Order Filing 1582 ORDER, that Respondents' objections to the Independent Administrator's decision are denied. Further Ordered, that the decision of the Independent Administrator is affirmed in all respects. Ordered that the stay of penalties imposed on Respondents is dissolved. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
November 7, 1991 Filing 1580 NOTICE that the Original Record has been transmitted to the USCA for the 2nd Circuit on 11-7-91. (jl)
November 6, 1991 Filing 1578 MEMORANDUM in opposition to Parise's request for a stay. (jl)
November 6, 1991 Filing 1577 NOTICE OF APPEAL ; from [1545-1] order The decision of the Independent Administrator is affirmed in all respects. Ordered, that Cimino's objections to the Independent Administrator is affirmed in all respects. Ordered that the stay of penalties imposed on Cimino by the Independent Administrator is dissolved, effective immediately. ; Entered on docket 10/16/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 12/6/91 (jl)
November 6, 1991 Filing 1572 LETTER dtd 10-11-91 to Judge Edelstein from Susan Jennik In Re: opposition to the appeal of Terry L. Purrington, dtd 10-2-91. (jl)
November 6, 1991 Filing 1571 Application by the Election Officer for fees & expenses amounting in all to $336,492.47 (jl)
November 6, 1991 Filing 1570 AFFIDAVIT of Stuart Alderoty Re: for attorney's fees. (jl)
November 6, 1991 Filing 1569 AFFIDAVIT of Frederick B. Lacey Re: for Attorney's fees. (jl)
November 4, 1991 Filing 1576 NOTICE OF APPEAL by James E. McNeil & Michael J. Morris ; from the order dtd 10-6-91 affirming Application XXXV11 & the decision of the Independent Administrator dtd 5-22-91, issued 6-3-91 & filed 6-4-91 in the matters of Investigations Officer V. James McNeil & Investigations Officer V. Michael J. Morris. ; Entered on docket 10/28/91 Copies of notice of appeal mailed to Attorney(s) of Record: . (jl)
November 4, 1991 Filing 1575 MANDATE OF USCA (certified copy) Re: Ordered, that the motion for a stay is granted until this matter is heard by the panel sitting 11-1-91 to which this matter is referred. CLERK ELAINE B. GOLDSMITH EOD 11-7-91. (jl)
November 4, 1991 Filing 1574 MANDATE OF USCA (certified copy) Re: [1560-1] appeal: Interim stay granted. Oakes, J. CLERK ELAINE B. GOLDSMITH EOD 11/7/91. (jl)
November 1, 1991 Filing 1581 NOTICE OF APPEAL ; from [1543-1] order that Cozza's objections to the Independent Administrator's Supplemental Opinion are denied. Further Ordered, that the Supplemental Opinion of the Independent Administrator is affirmed in all respects. ; Entered on docket 10/11/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 12/2/91 (jl)
November 1, 1991 Filing 1573 NOTICE that the Original Record has been transmitted to the USCA on 11/1/91. (jl)
October 31, 1991 Filing 1568 CERTIFICATE OF SERVICE of Notice of Motion of Carmen E. Parise for a stay of the Court's Order of 10-24-91, Motion of Respondent Carmen E. Parise for a stay of the 10-24-91 order. Upon: Paul Kelley, Investigations Officer by: personal service On: 10-29-91. (jl)
October 31, 1991 Filing 1564 Transcript of record of proceedings filed for dates of 10/4/91 at 9:30am. (jl)
October 31, 1991 Filing 1563 Transcript of record of proceedings filed for dates of 10/2/91 at 9:30am (jl)
October 30, 1991 Filing 1579 MANDATE OF USCA (certified copy) Re: the appellant, Theodore R. Cozza, requests reinstatement of the appeal to active status. (jl)
October 30, 1991 Filing 1562 NOTICE OF APPEAL of Star Market Co. ; the Opinion & Order dtd 10/29/91.from ; Entered on docket Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 11/29/91 (jl)
October 30, 1991 Notice that the Original Record has been transmitted to the USCA on 10/30/91. (jl)
October 30, 1991 Notice that the Original record has been transmitted to the USCA on 10-30-91. (jl)
October 29, 1991 Opinion or Order Filing 1567 MEMORANDUM OPINION # 68837 granting [1565-1] relief Ordered, that Star Market show cause why an order should not be entered directing Star Market to comply fully, within 24 hours, with the 9-9-91 decision of the Election Officer in Election case No. P-760-LU25-ENG...by reinstating Neal J. Henderson with full seniority, back pay, & other benefits...service by the Gov't of a copy of this otsc on Star Market's attny. must be made by 10-25-91., granting [1565-2] motion: Further Ordered that in the event star Market fails to comply with this Court's order, star Market shall be adjudged in civil contempt, & will incur a coercive sanction of $10,000 per day; further star Market shall compensate the Gov't, the Election Officer & the Independent Administrator for their attny's fees & other expenses incurred... ( Signed by Judge David N. Edelstein ); Copies mailed. (jl)
October 29, 1991 Opinion or Order Filing 1561 ORDER, that the Government, the Independent Administrator The Election Officer, and Yellow freight are to implement the order of the second Circuit with all due dispatch. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 28, 1991 Filing 1566 AFFIDAVIT of Edward T. Ferguson, 111 by United States of Ame Re: this Court should deny Sikorsky's application & order Sikorsky to comply immediately with the Independent Administrator's decision on pain of contempt. (jl)
October 28, 1991 Filing 1560 NOTICE OF APPEAL ; of Sikorsky Aircraft from [1556-1] order ; Entered on docket 10/28/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 11/27/91 (jl)
October 28, 1991 Filing 1559 MEMORANDUM of Carmen E. Parise in support of [1558-1] motion to stay of Carmen E. Parise of the Court's Order of 10-24-91 suspending from his union positions (jl)
October 28, 1991 Filing 1558 NOTICE OF MOTION to stay of Carmen E. Parise of the Court's Order of 10-24-91 suspending Parise from his union positions , Return date 11/6/91 (jl)
October 28, 1991 Opinion or Order Filing 1557 ORDER: that Sikorsky's motion for a stay is denied ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 28, 1991 Opinion or Order Filing 1556 ORDER denying [1524-1] motion for preliminary injunction barring the Election Officer from demanding that TDU & TRF furnish him, for disclosure to the union leadership, with forms bearing the names of their supporters & associated, or from disclosing to those leaders such forms as may have been furnished purs. to the Election Officer's Order. Further Ordered that the Independent Administrator's decision is affirmed; and that Sikorsky comply immediately with the Independent Administrator's 10-4-91 decision in Election Appeal 91-Elec. App.-196 under pain of contempt. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 25, 1991 Opinion or Order Filing 1565 ORDER TO SHOW CAUSE: Show Cause Hearing set for 9:00 10/28/91 Ordered, that Star Market show cause why an order should not be entered directing Star Market to comply fully, within 24 hours, with the 9-9-91 decision of the Election Officer in Election case No. P-760-LU25-ENG...by reinstating Neal J. Henderson with full seniority, back pay, & other benefits...service by the Gov't of a copy of this otsc on Star Market's attny. must be made by 10-25-91. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 24, 1991 Opinion or Order Filing 1555 MEMORANDUM OPINION # 68817, Ordered that Parise's objections to the Independent Administrator's decision are denied. Further Ordered, that the decision of the Indpendent Administrator is affirmed in all respects....that the stay of penalties imposed on Parise by the Independent Administrator is dissolved, effective immediately. ( Signed by Judge David N. Edelstein ); Copies mailed. (jl)
October 24, 1991 Filing 1554 NOTICE that the Original record on appeal has been transmitted to the USCA for the 2nd circuit on 10-24-91. (jl)
October 24, 1991 Filing 1553 LETTER dtd 10-10-91 to Judge Edelstein from Gerald Moerler in support of the Independent Administrator's Application 48 regarding the proposed mail ballot election plan. (jl)
October 21, 1991 **Related case. (dcap)
October 17, 1991 Opinion or Order Filing 1552 ORDER, that Election Office Case No. P-862-LU705/710/738/CHI is fully & completely resolved (purs. to Agreement between the parties) by order of this Court in accordance with its exclusive & continuing jurisdiction to supervise the implementation of the Consent Order & to decide all issues arising under the Consent Order. EDELSTEIN,J. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 17, 1991 Filing 1551 AFFIDAVIT of Frank Fappiano Re: AFFDVT & AGREEMENT between the Investigations Officer & Frank Fappiano. (jl)
October 17, 1991 Filing 1550 AFFIDAVIT of George Lonergan Re: AFFDVT & AGREEMENT between the Investigations Officer & George Lonergan. (jl)
October 17, 1991 Filing 1549 AFFIDAVIT of Gene Santora Re: AFFDVT & AGREEMENT between the Investigations Officer & Gene Santora. (jl)
October 16, 1991 Filing 1548 APPLICATION LV1 by the Independent Administrator in the matter of the agreement between the Investigations & Gene Santora. (jl)
October 16, 1991 Filing 1547 APPLICATION LV11 by the Independent Administrator in the matter of the agreement between the Investigations Officer & Frank Fappiano. (jl)
October 16, 1991 Opinion or Order Filing 1545 MEMORANDUM OPINION # 68780, The decision of the Independent Administrator is affirmed in all respects. Ordered, that Cimino's objections to the Independent Administrator is affirmed in all respects. Ordered that the stay of penalties imposed on Cimino by the Independent Administrator is dissolved, effective immediately. ( Signed by Judge David N. Edelstein ); Copies mailed. (jl)
October 11, 1991 Filing 1546 APPLICATION LV of the Independent Administrator in the matter of Archie Cook. (jl)
October 11, 1991 Filing 1544 Memorandum supplementing exhibits of the Independent Administrator for consideration at the 10-4-91, Hearing. (jl)
October 11, 1991 Opinion or Order Filing 1543 ORDER, that Cozza's objections to the Independent Administrator's Supplemental Opinion are denied. Further Ordered, that the Supplemental Opinion of the Independent Administrator is affirmed in all respects. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 11, 1991 Filing 1542 MEMORANDUM by Investigation Officer in support of of Independent Administrator's Application L11. (jl)
October 11, 1991 Filing 1541 LETTER dtd 10-11-91 to Judge Edelstein from AUSA Edward T. Ferguson, 111; In Re; in support of the Independent Administrator's determination that the Investigations Officer proved the charges against Parise. (jl)
October 11, 1991 Opinion or Order Filing 1540 ORDER, that the 9-18-91 supplemental decision of the Independnent Administrator in 91- Elec. App.-167 is affirmed in all respects. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 10, 1991 Opinion or Order Filing 1539 ORDER, Ordered, that Morris & McNeil's objections to the Independent Administrator's opinion is denied. Further Ordered that the opinion of the Independent Administrator is affirmed in all respects....that the stay of penalties imposed on Morris & McNeil by the Independent Administrator is dissolved, effectively immediately. ( signed by Judge David N. Edelstein ); Copies mailed (jl)
October 9, 1991 Filing 1589 SEALED DOCUMENT placed in vault (jl)
October 9, 1991 Filing 1538 MEMORANDUM of Investigations Officer Charles M. Carberry in support of Independent Administrator's Application L. (jl)
October 7, 1991 Filing 1533 Transcript of record of proceedings filed for dates of 7/30/91 (jl)
October 7, 1991 Filing 1532 Transcript of record of proceedings filed for dates of 7/3/91 (jl)
October 7, 1991 Filing 1531 Transcript of record of proceedings filed for dates of 6/17/91 (jl)
October 7, 1991 Filing 1530 Transcript of record of proceedings filed for dates of 6/6/91 (jl)
October 7, 1991 Filing 1528 MANDATE OF USCA (certified copy) Re: Appeal of Application XX11 Theodore R. Cozza: the parties stipulate that the appeal is withdrawn...CLERK ELAINE B. GOLDSMITH. Fowarded copy to Dist. Ct. Judge. (jl)
October 4, 1991 Filing 1529 NOTICE OF APPEAL by Int'l Bhd of Teamste ; from the order entered on 10-4-91. ; Entered on docket Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 11/4/91 (jl)
October 4, 1991 Filing 1527 AFFIDAVIT of Joseph Trerotola Re: Agreement between Trerotola & Investigations Officer. SO ORDERED. EDELSTEIN,J. (jl)
October 4, 1991 Filing 1526 Quarterly Report 1X of the Independent Administrator under the Consent Order Article F. 12. "Report to the Court". (jl)
October 3, 1991 Filing 1536 MANDATE OF USCA (certified copy) Re: Ordered, that the motion for reinstatement of Appeal is granted. Elaine B. Goldsmith Clerk. Forwarded copy to DIst. Ct. Judge. (dcap)
October 3, 1991 Filing 1537 MANDATE OF USCA (certified copy) Re: Ordered, that the motion for reinstatement of Appeal is granted. CLERK Elaine B. Goldsmith. Fowarded copy to Dist. Ct. Judge. (jl)
October 2, 1991 Filing 1525 MEMORANDUM by Int'l Bhd of Teamste in support of [1524-1] motion for preliminary injunction barring the Election Officer from demanding that TDU & TRF furnish him, for disclosure to the union leadership, with forms bearing the names of their supporters & associated, or from disclosing to those leaders such forms as may have been furnished purs. to the Election Officer's Order. (jl)
October 2, 1991 Filing 1524 NOTICE OF MOTION by Int'l Bhd of Teamste for preliminary injunction barring the Election Officer from demanding that TDU & TRF furnish him, for disclosure to the union leadership, with forms bearing the names of their supporters & associated, or from disclosing to those leaders such forms as may have been furnished purs. to the Election Officer's Order. , Return date 10/4/91 (jl)
September 30, 1991 Filing 1535 MANDATE OF USCA (certified copy) Re: Ordered that the motion for dismissal of the appeal on grounds of mootness is granted. CLERK ELAINE B. GOLDSMITH. Fowarded to Dist. Ct. Judge. (jl)
September 30, 1991 Filing 1534 MANDATE OF USCA (certified copy) Re: Ordered, that the appeal from the order dtd 9-12-91 for the S.D.N.Y. is dismissed. Fowarded copy to Dist. Ct. Judge. (jl)
September 27, 1991 Filing 1523 MEMORANDUM in opposition to Application L11 by the Independent Administrator in the matter of the hearing of Leroy Nunes. (jl)
September 27, 1991 Filing 1522 BRIEF re: of Respondent Theodore R. Cozza, in opposition to Application L by the Independent Administrator. (jl)
September 16, 1991 Filing 1521 MANDATE OF USCA (certified copy) Re: Ordered, adjudged & decreed that the order of the Dist. Ct. is affirmed...with costs to be taxed against the appellant. CLERK ELAINE B. GOLDSMITH EOD 9/30/91. Fowarded to Dist. Ct. Judge. (jl)
September 13, 1991 Filing 1520 MANDATE OF USCA (certified copy) Re: the parties stipulate that the appeal is withdrawn;...such withdrawal to be without prejudice to a reinstatement...withdrawal of the appeal from active consideration shall not operate as a dismissal. CLERK ELAINE B. GOLDSMITH EOD 9-27-91. Fowarded to Dist. Ct. Judge. (jl)
February 14, 1991 Filing 1145 ANSWER to Complaint by Int'l Bhd of Teamste (Attorney Brian Mass), ; Firm of: Beldock Levine & Hoffman by attorney Brian Mass for defendant Int'l Bhd of Teamste (jr)
October 14, 1988 Opinion or Order Filing 2153 STIPULATION and ORDER that the following documents shall comprise the entire record on appeal.. the following documents are presently available in the Clerk's Office of the USDC SDNY: Consent Decree dated 5-14-89; Decision of the Independent Administrator; Application CX by the Independent Administrator; Legal Memorandum in Opposition to the Appeal; Investigations Officer's Memo in Support of the Independent Administrator; The Government's letter in support of the Independent Adminstrator; Opinion and Order of Judge Edelstein; Notice of motion to stay: Brief in support of Notice of Motion to stay; Certification of Arnold Ross; Investigations Officer's Memorandum in Opposition to Stay; Memo and Order of Judge Edelstein; Notive of Motion for stay or accelerated Appeal... The parties stipulate and agree that these documents listed as Schedule A were submitted to the Hon. David N. Edelstein as Appendix to Investigations Officer's Memorandum in connection withthe Independent Administrator's Application CX delivered to Judge Edelstein's Chambers by hand on April 8, 1993. These documents will be filed with Clerk's Office and are to be part of the record on appeal...(See document) ( signed by Judge David N. Edelstein ). Copies mailed. (kk)
June 28, 1988 Filing 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); JURY TRIAL DEMANDED. (jr)

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Search for this case: United States of America v. International Brotherhood of Teamsters, et al
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Defendant: Teamsters Local 710 & John T. Coli, Individually
Represented By: Laurence Mark Goodman
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Defendant: Joseph W. Morgan
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Defendant: Eugene Boffa, Sr.
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Defendant: Anthony Provenzano
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Defendant: Robert Holmes, Sr.
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Defendant: Salvatore Provenzano
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Defendant: Milton Rockman
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Defendant: Don L. West
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Defendant: Arnold Weinmeister
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Defendant: Theodore Cozza
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Defendant: Matthew Ianniello
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Defendant: Nunzio Provenzano
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Defendant: Gennaro Langella
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Defendant: Francis Sheeran
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Defendant: John H. Cleveland
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Defendant: Daniel Ligurotis
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Defendant: Salvatore Santoro
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Defendant: John Tronolone
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Defendant: William J. McCarthy
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Defendant: Carmine Persico
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Defendant: The Commission of La Cosa Nostra
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Defendant: Anthony Thomas Civella
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Defendant: Paul Kenny
Represented By: Adam Chaikin
Represented By: Douglas Olins
Represented By: Mark Scott Bagula
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Defendant: General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America
Represented By: Paul D. Clement
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Defendant: Donald Peters
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Defendant: Philip Rastelli
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Defendant: Joseph John Aiuppa
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Defendant: Anthony Ficarotta
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Defendant: Christopher Furnari, Sr.
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Defendant: Edward M. Lawson
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Defendant: Frank Manzo
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Defendant: Jackie Presser
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Defendant: Frank Balistrieri
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Defendant: Michael J. Riley
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Defendant: Angelo Lapietra
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Defendant: International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO
Represented By: Gary Steven Witlen
Represented By: Brian O'Dwyer
Represented By: Paul D. Clement
Represented By: Martha Walfoort
Represented By: Larry Cary
Represented By: George W. Hicks, Jr.
Represented By: J Bruce Maffeo
Represented By: Candice C Wong
Represented By: Viet D. Dinh
Represented By: Bradley Thomas Raymond
Represented By: Nancy B. G. Lassen
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Defendant: Maurice R. Schurr
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Defendant: Carl Civella
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Defendant: Harold Friedman
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Defendant: Joseph Massino
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Defendant: Carl Angelo Deluna
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Defendant: John Philip Cerone
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Defendant: Nicholas Marangello
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Defendant: Joseph Trerotola
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Defendant: Jack D. Cox
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Defendant: Joseph Lombardo
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Defendant: Weldon Mathis
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Defendant: Anthony Salerno
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Defendant: Walter J. Shea
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Defendant: Anthony Corallo
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Interested party: Abraham Moreno
Represented By: Douglas Neal Silverstein
Represented By: Catherine J. Roland
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Interested party: Gary Guillory
Represented By: Douglas Neal Silverstein
Represented By: Catherine J. Roland
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Petitioner: Dane Passo
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Petitioner: Francis Gillen
Represented By: Andrew Sal Hoffmann
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Petitioner: Charles M. Carberry
Represented By: Charles Michael Carberry
Represented By: Kevin C. Meacham
Represented By: Linda H. Chan
Represented By: Celia A. Zahner
Represented By: Mary Kaye Quinn
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Petitioner: William T. Hogan, Jr.
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Petitioner: Commonwealth Association of School Administrators (CASA), Local 502
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Petitioner: George DiPilato
Represented By: Ellen Yaroshefsky
Represented By: John Wigmore Morris
Represented By: John W. Morris
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Petitioner: Jere Nash
Represented By: Robert Lawrence Vogel
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Petitioner: Marc M Pekay
Represented By: Marc M Pekay
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Petitioner: Robert Weisenburger
Represented By: Thomas James McKenna
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Petitioner: Lawrence Bastian
Represented By: Thomas James McKenna
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Respondent: Gerald Pauli
Represented By: Jac A Cotiguala
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Respondent: Joseph Kouba
Represented By: Sean Morales-Doyle
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Respondent: Paul Roa
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Respondent: Ed J. Mireles
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Respondent: Charles Crawley
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Intervenor: Patrick Flynn
Represented By: Patrick E. Deady
Represented By: J. Michael Tecson
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Intervenor: Kevin Wagoner
Represented By: Patrick E. Deady
Represented By: J. Michael Tecson
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Intervenor: Larry Alexander
Represented By: Patrick E. Deady
Represented By: J. Michael Tecson
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Undetermined: Teamster Local 710 & John T. Coli, Individually
Represented By: Laurence Mark Goodman
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Undetermined: Frank Radice
Represented By: Jonathan Michael Bardavid
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Undetermined: Richard W. Mark
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Appellant: Thomas Flaherty
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Appellant: James Deamicis
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Amicus curiae: Teamsters for a Democratic Union
Represented By: Barbara M. Harvey
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Plaintiff: United States of America
Represented By: Benjamin Henry Torrance
Represented By: Tara Marie La Morte
Represented By: Brian Marc Feldman
Represented By: Rebecca Sol Tinio
Represented By: Ellen Melissa London
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