Bragg v. Kalikow Family Partnership LP et al
| Kyle Bragg |
| Kalikow Family Partnership LP, Kaled Management Corp. and Realty Advisory Board on Labor Relations, Inc. |
| 1:2019cv08801 |
| September 23, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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| Document Text |
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| Filing 23 FIRST REPLY MEMORANDUM OF LAW in Support re: #13 MOTION for Summary Judgment . . Document filed by Kyle Bragg. (Asad, Eyad) |
| Filing 22 NOTICE OF CHANGE OF ADDRESS by David L. Weissman on behalf of Kalikow Family Partnership LP. New Address: Eckert Seamans Cherin & Mellott, LLC, 10 Bank Street, Suite 700, White Plains, NY, 10606, 914-286-2827. (Weissman, David) |
| Filing 21 RULE 56.1 STATEMENT. Document filed by Realty Advisory Board on Labor Relations, Inc.. (Schwartz, Robert) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #13 MOTION for Summary Judgment . . Document filed by Realty Advisory Board on Labor Relations, Inc.. (Schwartz, Robert) |
| Filing 19 DECLARATION of ROBERT S. SCHWARTZ in Opposition re: #13 MOTION for Summary Judgment .. Document filed by Realty Advisory Board on Labor Relations, Inc.. (Attachments: #1 Exhibit 1)(Schwartz, Robert) |
| Filing 18 CROSS MOTION for Summary Judgment and Opposition to Petitioner's Motion. Document filed by Kalikow Family Partnership LP. (Attachments: #1 Memorandum of Law, #2 56.1 Statement, #3 Declaration, #4 Exhibit E-N)(Cohen, Jill) |
| Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Kyle Bragg. ENDORSEMENT: Application GRANTED. ( Responses due by 12/9/2019, Replies due by 12/23/2019.) (Signed by Judge Katherine Polk Failla on 11/13/2019) (mro) |
| Filing 16 LETTER addressed to Judge Katherine Polk Failla from Eyad Asad dated 11/13/19 re: Request for Extension. Document filed by Kyle Bragg.(Asad, Eyad) |
| Filing 15 DECLARATION of Eyad Asad in Support re: #13 MOTION for Summary Judgment .. Document filed by Kyle Bragg. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Asad, Eyad) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION for Summary Judgment . . Document filed by Kyle Bragg. (Asad, Eyad) |
| Filing 13 MOTION for Summary Judgment . Document filed by Kyle Bragg. Responses due by 11/25/2019(Asad, Eyad) |
| Filing 12 RULE 56.1 STATEMENT. Document filed by Kyle Bragg. (Asad, Eyad) |
| Filing 11 NOTICE OF APPEARANCE by Jill Rachel Cohen on behalf of Kalikow Family Partnership LP. (Cohen, Jill) |
| Filing 10 NOTICE OF APPEARANCE by David L. Weissman on behalf of Kalikow Family Partnership LP. (Weissman, David) |
Filing 9
ORDER: On or about August 30, 2019, Petitioner Kyle Bragg filed a petition to modify or vacate an arbitration award by filing a Notice of Petition, a Verified Petition, and supporting papers in the Supreme Court of the State of New York, County of New York, Index No. 655011/19. (See Dkt. #1). On September 23, 2019, Respondent Realty Advisory Board on Labor Relations, Inc. ("RAB"), filed a notice of removal to the United States District Court for the Southern District of New York from the Supreme Court of the State of New York, County of New York. (Id.) The action to modify or vacate the arbitration award is a civil action over which this court has original jurisdiction pursuant to Section 301 of the Labor Management Relations Act. 29 U.S.C. 185(a). On September 27, 2019, RAB filed a certificate of service indicating that Petitioner Bragg and Respondent Kalikow Family Partnership LP were served with the notice of removal. (Dkt. #7). District courts treat a petitioner's application to confirm or vacate an arbitral award as akin to a motion for summary judgment. City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 136 (2d Cir. 2011). Accordingly, it is hereby ORDERED that Petitioner shall move for modification of vacatur of the arbitral award in the form of a motion for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York by October 28, 2019. Respondents' opposition, if any, if any, is due on November 25, 2019. Petitioner's reply, if any, is due December 9, 2019. (Motions due by 10/28/2019., Responses due by 11/25/2019, Replies due by 12/9/2019.) (Signed by Judge Katherine Polk Failla on 9/30/2019) (rro)
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| Filing 8 NOTICE OF APPEARANCE by Eyad Asad on behalf of Kyle Bragg. (Asad, Eyad) |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Removal, Rule 7.1 Disclosure, and Civil Cover Sheet, etc. served on Petitioner Kyle Bragg and Respondents Kalikow Family Partnership LP, c/o Kaled Management Corp. on September 27, 2019. Service was made by Mail. Document filed by Realty Advisory Board on Labor Relations, Inc.. (Schwartz, Robert) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Robert Stephen Schwartz. The following party/parties has been removed from this case: Kaled Management Corp. The party was added to the case in error. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655011/19..Document filed by Realty Advisory Board on Labor Relations, Inc.. (Attachments: #1 Exhibit 1 to Notice of Removal, #2 Exhibit 2 to Notice of Removal, #3 Exhibit 3 to Notice of Removal)(Schwartz, Robert) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Stephen Schwartz to RE-FILE Document No. #5 Petition (Other). The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 10/1/2019. (jgo) |
| Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION FOR REMOVAL..Document filed by Realty Advisory Board on Labor Relations, Inc.. (Attachments: #1 Exhibit 1 to Petition for Removal, #2 Exhibit 2 to Petition for Removal, #3 Exhibit 3 to Petition for Removal)(Schwartz, Robert) Modified on 9/26/2019 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Stephen Schwartz to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. If listing the party roles on the PDF case caption as Petitioner v. Respondents, the PDF must be titled 'Petition for Removal'. If the PDF is titled 'Notice of Removal' the party roles must be Plaintiff v. Defendant. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/30/2019. (jgo) |
| Filing 4 NOTICE OF APPEARANCE by Harry Mark Weinberg on behalf of Realty Advisory Board on Labor Relations, Inc.. (Weinberg, Harry) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Realty Advisory Board on Labor Relations, Inc..(Schwartz, Robert) |
| Filing 2 CIVIL COVER SHEET filed. (Schwartz, Robert) |
| Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655011/19. (Filing Fee $ 400.00, Receipt Number ANYSDC-17643547).Document filed by Realty Advisory Board on Labor Relations, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Notice of Removal, #2 Exhibit Exhibit 2 to Notice of Removal, #3 Exhibit Exhibit 3 to Notice of Removal)(Schwartz, Robert) Modified on 9/24/2019 (jgo). |
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