ABM Industry Groups, LLC v. International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO
| ABM Industry Groups, LLC |
| International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO |
| 1:2018cv10770 |
| November 18, 2018 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Other Statutes: Arbitration |
| 29 U.S.C. § 185 |
| None |
Docket Report
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| Document Text |
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| Filing 22 RULE 56.1 STATEMENT. Document filed by ABM Industry Groups, LLC. (Weinberg, Harry) |
| Filing 21 DECLARATION of Harry Weinberg in Support re: #19 MOTION for Summary Judgment Confirming Arbitration Award.. Document filed by ABM Industry Groups, LLC. (Attachments: #1 Exhibit Collective Bargaining Agreement, #2 Exhibit Emails, #3 Exhibit Opinion and Award)(Weinberg, Harry) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION for Summary Judgment Confirming Arbitration Award. . Document filed by ABM Industry Groups, LLC. (Weinberg, Harry) |
| Filing 19 MOTION for Summary Judgment Confirming Arbitration Award. Document filed by ABM Industry Groups, LLC.(Weinberg, Harry) |
Filing 18
ORDER granting #17 Letter Motion for Extension of Time. The parties' request for an extension of the deadlines established in the Court's December 11, 2018 order setting the briefing schedule for Petitioner's motion for summary judgment and Respondent's opposition and cross motion for summary judgment is granted. Petitioner's deadline to file and serve its motion for summary judgment is extended to January 16, 2019. The deadline for Respondent to file its opposition, if any, is extended to February 5, 2019. The deadline for Petitioner to file its reply, it any, is extended to February 12, 2019. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 17. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/20/2018) (anc)
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| Set/Reset Deadlines: Motions due by 1/16/2019. Responses due by 2/5/2019. Replies due by 2/12/2019. (anc) |
| Filing 17 LETTER MOTION for Extension of Time to brief summary judgment motion and cross-motion due to ongoing settlement negotiations addressed to Judge Gregory H. Woods from James M. Steinberg, Esq. dated December 19, 2018. Document filed by International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO.(Steinberg, James) |
| Filing 16 RESPONSE re: #11 Response to Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by ABM Industry Groups, LLC. (Weinberg, Harry) |
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Filing 15
ORDER denying #12 Motion to Amend/Correct. As discussed during the teleconference held on December 10, 2018, Respondents request for leave to file a cross motion for summary judgment is denied. Respondent is directed to include the issues that are the subject of the proposed cross motion for summary judgment in its opposition to Petitioners motion for summary judgment. As further discussed during the teleconference held on December 10, 2018, the deadline for Petitioner to file and serve its motion for summary judgment is extended to December 26, 2018. Respondents opposition, if any, is due no later than January 15, 2019. Petitioners reply, if any, is due no later than January 22, 2019. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/10/2018. (Court Reporter Anita Trombetta) (Daniels, Anthony) |
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Filing 14
ORDER. On November 30, 2018, the Court issued an order scheduling a telephonic conference for December 5, 2018 at 4:00 p.m. to discuss Respondents proposed cross motion for summary judgment. Dkt. No. 13. Counsel for Respondent complied with the November 30, 2018 order and appeared for the telephonic conference. Counsel for Petitioner did not appear. As a result, the conference did not take place. Accordingly, the conference scheduled for December 5, 2018 is rescheduled for December 10, 2018 at 4:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on December 6, 2018) (Text Only Order)(Daniels, Anthony)
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Filing 13
ORDER. The Court will hold a teleconference regarding Respondents proposed cross motion for summary judgment on December 5, 2018 at 4:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on November 30, 2018) (Text Only Order)(Daniels, A.)
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| Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #9 Order on Motion for Conference,, to address briefing schedule on cross-petition to vacate arbitration award and summary judgment. Document filed by International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO.(Steinberg, James) Modified on 1/2/2019 (db). |
| Filing 11 RESPONSE to #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO.(Steinberg, James) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO.(Steinberg, James) |
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Filing 9
ORDER granting #8 Letter Motion for Conference. Application granted. The Court has determined that no pre-motion conference is necessary. Petitioner has the Court's leave to file a motion for summary judgment to confirm its arbitration award. The deadline for Petitioner to file and serve its motion for summary judgment is December 19, 2018. Respondent's opposition is due no later than January 8, 2019. Petitioner's reply, if any, is due no later than January 15, 2019. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 8. (Signed by Judge Gregory H. Woods on 11/20/2018) (mro)
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| Set/Reset Deadlines: Motions due by 12/19/2018. Responses due by 1/8/2019 Replies due by 1/15/2019. (mro) |
| Filing 8 LETTER MOTION for Conference re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration addressed to Judge Gregory H. Woods from Harry Weinberg dated November 19, 2018. Document filed by ABM Industry Groups, LLC.(Weinberg, Harry) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO waiver sent on 11/18/2018, answer due 1/17/2019. Document filed by ABM Industry Groups, LLC. (Weinberg, Harry) |
| Filing 6 NOTICE OF APPEARANCE by James Michael Steinberg on behalf of International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO. (Steinberg, James) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO. (jgo) |
| Filing 4 CIVIL COVER SHEET filed. (Weinberg, Harry) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Harry Mark Weinberg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 9:9; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:185; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Harry Mark Weinberg to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to International Union of Operating Engieners, Local 30, 30A, 30B, AFL-CIO, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by ABM Industry Groups, LLC. (Weinberg, Harry) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Weinberg, Harry) Modified on 11/19/2018 (jgo). |
| Filing 1 PETITION TO Confirm ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-15929813).Document filed by ABM Industry Groups, LLC. (Attachments: #1 Exhibit Collective Bargaining Agreement, #2 Exhibit Arbitration Award)(Weinberg, Harry) |
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| Petitioner: ABM Industry Groups, LLC | |
| Represented By: | Harry Mark Weinberg |
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| Respondent: International Union of Operating Engineers, Local 30, 30A, 30B, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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