Caldarera v. International Longshoremen's Association, Local 1 et al
William Caldarera |
International Longshoremen's Association, Local 1, David Cicalese and Global Container Services, Inc. |
1:2017cv01414 |
February 24, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Valerie E. Caproni |
Other Labor Litigation |
29 U.S.C. ยง 185 |
Plaintiff |
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Filing 102 ORDER AND OPINION re: 89 MOTION to Dismiss Amended Complaint. filed by International Longshoremen's Association, Local 1. For the reasons stated above, Defendants' motion to dismiss is granted in its entirety and with prejudice. The Clerk of Court is instructed to terminate Docket Entry 89 and close the case. (Signed by Judge Valerie E. Caproni on 7/3/2018) (kgo) |
Filing 67 ORDER AND OPINION: re: 41 MOTION to Dismiss the First Amended Complaint, filed by International Longshoremen's Association, Local 1, Global Container Services, Inc., 50 MOTION to Amend/Correct 35 Amended Complaint, filed by William Caldarera. For the reasons stated above, Defendants' motion to dismiss is granted with respect to the hybrid claim resolved through the LRC, but denied with respect to DFR claims against the union based on conduct pre dating the grievance process related to work assignments and collusion in his discharge from GCT. Plaintiff is permitted to amend his complaint, but only with respect to the Master Lists issue as it pertains to the union's DFR and its conduct prior to the contractual grievance process, along with other minor amendments. The Second Amended Complaint must be filed not later than December 20, 2017. The Clerk of Court is instructed to terminate Docket Entries 41 and 50, and as further set forth in this order. Amended pleading due by 12/20/2017. Motions terminated: 50 MOTION to Amend/Correct 35 Amended Complaint, filed by William Caldarera, 41 MOTION to Dismiss the First Amended Complaint, filed by International Longshoremen's Association, Local 1, Global Container Services, Inc. (Signed by Judge Valerie E. Caproni on 12/13/2017) (ap) |
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