Walsh, Jr. v. Nebraskaland, Inc.
| John J. Walsh, Jr. |
| Nebraskaland, Inc. |
| 1:2021cv03633 |
| April 23, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 160 j |
| None |
Docket Report
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This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 AFFIDAVIT of Vanessa Edmead re: #15 Consent Judgment,,,,,, Certification of Compliance with Consent Decree. Document filed by Nebraskaland, Inc...(Smith, Mary) |
| Filing 16 AFFIDAVIT of Vanessa Edmead re: #15 Consent Judgment,,,,,, Certification of Compliance with Consent Decree. Document filed by Nebraskaland, Inc...(Smith, Mary) |
Filing 15
CONSENT DECREE: IT IS ORDERED, ADJUDGED, AND DECREED that, pending the final disposition of the matters involved before the National Labor Relations Board, Respondent Nebraskaland, Inc., its officers, representatives, agents, servants, employees, attorneys, successors, and assigns, and all persons acting in concert or participation with it or them, be, and hereby is, enjoined and restrained from: (a) threatening its employees with unspecified reprisals if they engage in a strike or other protected, concerted activities; (b) engaging in surveillance of employees' protected, concerted activities, or creating the impression of such surveillance; (c) threatening to call the police because employees engage in a strike or in response to employees' other protected, concerted activities; (d) discharging or otherwise discriminating against employees for engaging in protected, concerted activities; (e) in any like or related manner interfering with, restraining, or coercing its employees in the exercise of their Section 7 rights. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pending the final disposition of the matters involved before the National Labor Relations Board, Respondent, its officers, representatives, agents, servants, employees, successors, and assigns, and all persons acting in concert or participation with it or them, HEREBY AGREES TO TAKE THE FOLLOWING AFFIRMATIVE ACTIONS: (As further set forth herein.) This Order shall expire upon the closing of the compliance period and withdrawal of the complaint in the underlying administrative proceedings in Consolidated Cases 02-CA-266022, 02-CA-266473, and 02-CA-269213. (Signed by Judge Lewis J. Liman on 5/14/2021) (va)
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| Filing 14 PROPOSED CONSENT ORDER. Document filed by John J. Walsh, Jr...(Rucker, James) |
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Filing 13
ORDER granting in part and denying in part #11 Letter Motion for Extension of Time. Extension granted to May 18, 2021. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 12 LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from James Rucker dated May 11, 2021 re: #11 LETTER MOTION for Extension of Time to submit Opposition papers, if any, to the Petition addressed to Judge Lewis J. Liman from Mary A. Smith dated May 11, 2021. . Document filed by John J. Walsh, Jr...(Rucker, James) |
| Filing 11 LETTER MOTION for Extension of Time to submit Opposition papers, if any, to the Petition addressed to Judge Lewis J. Liman from Mary A. Smith dated May 11, 2021. Document filed by Nebraskaland, Inc...(Smith, Mary) |
| Filing 10 CERTIFICATE OF SERVICE of order to show cause, petition for temporary injunction, brief in support of petition, affidavit of John J. Walsh, motion to try petition on affidavits, civil practice rules of Judge Liman, COVID-19 emergency practice rules of Judge Liman, and electronic case filing rules and instructions served on Nebraskaland, Inc. on April 26, 2021. Service was made by E-mail. Document filed by John J. Walsh, Jr...(Rucker, James) |
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Filing 9
ORDER TO SHOW CAUSE: IT IS ORDERED that a copy of this Order together with a copy of the Petition, affidavit, and exhibits upon which it is issued, shall be served upon Respondent or its counsel on or before 5:00 p.m. on the 27th day of April, 2021, and service on all parties may be made by a representative designated by petitioner in any manner provided for in the Rules of Civil Procedure for the United States Courts, and that proof of such service shall be filed herein, and IT IS FURTHER ORDERED that if Respondent should file a response to the Petition, it shall file such response with the Clerk of this Court after service of a copy thereof upon counsel for Petitioner at jamie.rucker@nlrb.gov, on or before 5:00 p.m. on the 11th day of May, 2021; and IT IS FURTHER ORDERED that Respondent appear telephonically before this Court by dialing (888) 251-2909 and using the access code 2123101 on the 21st day of May, 2021 at 4:00 p.m., or as soon thereafter as counsel can be heard, and then and there show cause, if there be any, why, pending the final disposition of the matters involved pending before the National Labor Relations Board, Respondent, its officers, agents, representatives, servants, employees, attorneys, and all persons acting in concert or participation with it or them should not be enjoined and restrained as requested in the Petition. Show Cause Hearing set for 5/21/2021 at 04:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 4/23/2021) (va)
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| Filing 8 AFFIDAVIT of John J. Walsh, Jr. in Support re: #7 MOTION Try Petition on Affidavits re: #5 Petition (Other),, In Support of Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act.. Document filed by John J. Walsh, Jr...(Rucker, James) |
| Filing 7 MOTION Try Petition on Affidavits re: #5 Petition (Other),, In Support of Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act. Document filed by John J. Walsh, Jr...(Rucker, James) |
| Filing 6 BRIEF re: #5 Petition (Other),, In Support of Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act. Document filed by John J. Walsh, Jr...(Rucker, James) |
| Filing 5 PETITION FOR TEMPORARY INJUNCTION UNDER SECTION 10(J) OF THE NATIONAL LABOR RELATIONS ACT..Document filed by John J. Walsh, Jr.. (Attachments: #1 Exhibit charge and affidavit of service, #2 Exhibit charge and affidavit of service, #3 Exhibit charge and affidavit of service, #4 Exhibit charge and affidavit of service, #5 Exhibit administrative complaint, #6 Exhibit answer to administrative complaint, #7 Exhibit affidavit of employee, #8 Exhibit affidavit of employee, #9 Exhibit affidavit of employee).(Rucker, James) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by John J Walsh..(Rucker, James) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 PROPOSED ORDER. Document filed by John J Walsh..(Rucker, James) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 2 CIVIL COVER SHEET filed..(Rucker, James) |
| Filing 1 FILING ERROR - PDF ERROR - PETITION INTERIM REINSTATEMENT OF EMPLOYEES..Document filed by John J Walsh. (Attachments: #1 Exhibit charge and affidavit of service, #2 Exhibit charge and affidavit of service, #3 Exhibit charge and affidavit of service, #4 Exhibit charge and affidavit of service, #5 Exhibit administrative complaint, #6 Exhibit answer to administrative complaint, #7 Exhibit affidavit of employee, #8 Exhibit affidavit of employee, #9 Exhibit affidavit of employee).(Rucker, James) Modified on 4/23/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James C. Rucker. The following case opening statistical information was erroneously selected/entered: County code Bronx; Fee Status code none (no fee required);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to wv (waived);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James C. Rucker. The party information for the following party/parties has been modified: John J Walsh. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James C. Rucker to RE-FILE Document No. #1 Petition Interim Reinstatement of Employees. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must be titled to correspond with the event type used. Re-file the pleading using the event type Petition Other 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 4/28/2021. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #3 Proposed Order was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Case Designated ECF. (jgo) |
| Set/Reset Deadlines: Nebraskaland, Inc. answer due 5/11/2021. (va) |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
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| Respondent: Nebraskaland, Inc. | |
| Represented By: | Mary Augusta Smith |
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| Petitioner: John J. Walsh, Jr. | |
| Represented By: | James C. Rucker |
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