New York Hotel & Motel Trades Council, AFL-CIO v. 45th Street Hotel LLC
Petitioner: New York Hotel & Motel Trades Council, AFL-CIO
Respondent: 45th Street Hotel LLC doing business as Night Hotel By SB at Times Square, Soho Boutique Times Square LLC d/b/a Night Hotel By SB at Times Square and Soho Boutique Management LLC
Case Number: 1:2021cv05298
Filed: June 15, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Jesse M Furman
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2021 Opinion or Order Filing 29 AFFIDAVIT OF SERVICE of August 4, 2021 Order, July 20, 2021 Order to Show Cause, a copy of the June 16, 2021 Order, the Memorandum of Law, Amended Summons, Amended Rule 7.1 Statement, Amended Petition to Confirm an Arbitration Award, and Amended Declaration of Amy Bokerman served on SOHO BOUTIQUE TIMES SQUARE LLC on August 9, 2021. Service was accepted by Amy Lesch, Business Document Specialist. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
August 10, 2021 Opinion or Order Filing 28 AFFIDAVIT OF SERVICE of August 4, 2021 Order, July 20, 2021 Order to Show Cause, a copy of the June 16, 2021 Order, the Memorandum of Law, Amended Summons, Amended Rule 7.1 Statement, Amended Petition to Confirm an Arbitration Award, and Amended Declaration of Amy Bokerman served on 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE on August 9, 2021. Service was accepted by Amy Lesch, Business Document Specialist. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
August 5, 2021 Opinion or Order Filing 27 ORDER: It is hereby ORDERED that: Notwithstanding any prior scheduling orders, Petitioner shall serve a copy of the Amended Petition, an accurate summons, any additional materials with which they intend to support their petition, and a copy of this Order on all three Respondents by no later than August 9, 2021, and shall file proof of such service on the docket within three business days; Respondents' oppositions, if any, shall be due by August 23, 2021; Petitioner's reply, if any, shall by due by August 30, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2021) (jca)
July 29, 2021 Opinion or Order Filing 26 ELECTRONIC SUMMONS ISSUED as to Soho Boutique Management LLC..(pc)
July 28, 2021 Opinion or Order Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Soho Boutique Management LLC, re: #19 Amended Petition,. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 28, 2021 Opinion or Order Filing 24 ELECTRONIC AMENDED SUMMONS ISSUED as to 45th Street Hotel LLC..(sj)
July 28, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Alan Bauman to RE-FILE Document No. #22 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information was omitted on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
July 27, 2021 Opinion or Order Filing 23 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, re: #19 Amended Petition,. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 27, 2021 Opinion or Order Filing 22 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Soho Boutique Management LLC, re: #19 Amended Petition. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael) Modified on 7/28/2021 (sj).
July 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Alan Bauman to RE-FILE Document No. #21 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Parties previously issued a summons require an Amended Summons and newly added parties require a standard summons. Both must be filed separately. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
July 26, 2021 Opinion or Order Filing 21 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, and SOHO BOUTIQUE MANAGEMENT LLC, jointly and severally, re: #19 Amended Petition. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael) Modified on 7/27/2021 (sj).
July 26, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Alan Bauman to RE-FILE Document No. #18 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
July 26, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Alan Bauman. The party information for the following party/parties has been modified: Soho Boutique Management LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (sj)
July 23, 2021 Opinion or Order Filing 20 AFFIDAVIT OF SERVICE of Order and Order to Show Cause, Petition, Declaration with Exhibits, Memorandum of Law, summons, civil cover sheet, and rule 7.1 Statement served on Soho Boutique Management LLC on July 23, 2021. Service was accepted by Curt Sweltz, managing agent. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 23, 2021 Opinion or Order Filing 19 FIRST AMENDED PETITION amending #15 Amended Petition,, against 45th Street Hotel LLC, 15.Soho Boutique Management LLC.Document filed by New York Hotel & Motel Trades Council, AFL-CIO. Related document: #15 Amended Petition,,. (Attachments: #1 Affidavit, #2 Supplement, #3 Supplement).(Bauman, Michael)
July 23, 2021 Opinion or Order Filing 18 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE and SOHO BOUTIQUE MANAGEMENT LLC, re: #15 Amended Petition. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael) Modified on 7/26/2021 (sj).
July 23, 2021 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE of Petition to confirm arbitration plus exhibits served on 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE and SOHO BOUTIQUE MANAGEMENT LLC, jointly and severally on July 23, 2021. Service was made by mail. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 23, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Alan Bauman to RE-FILE re: Document No. #15 Amended Petition. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Soho Boutique Management LLC with party text 'jointly and severally'; all of the parties whom the pleading is against were not selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Petition 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. (jgo)
July 23, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Alan Bauman to RE-FILE Document No. #15 Amended Petition. The filing is deficient for the following reason(s): summons request was not processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
July 22, 2021 Opinion or Order Filing 16 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, and SOHO BOUTIQUE MANAGEMENT LLC, re: #15 Amended Petition,. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 22, 2021 Opinion or Order Filing 15 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED PETITION amending #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration against 45th Street Hotel LLC.Document filed by New York Hotel & Motel Trades Council, AFL-CIO. Related document: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. (Attachments: #1 Affidavit Declaration and exhibits with amended caption, #2 Supplement Memorandum of Law with amended caption, #3 Supplement).(Bauman, Michael) Modified on 7/23/2021 (jgo).
July 22, 2021 Opinion or Order Filing 14 ORDER: Earlier today, the Court received the letter attached as Exhibit A from Petitioner seeking to amend the caption. That request is denied. Instead, Petitioner is granted leave to file an amended petition making only the change to the caption described, no later than July 26, 2021. All other dates and deadlines remain in effect. That said, the docket does not currently appear to reflect service of the Petition on Soho Boutique Management LLC. Although Petitioner filed three affidavits of service, ECF Nos. 7, 8, 9, these affidavits reflect service only on Soho Boutique Times Square LLC (ECF Nos. 7 and 8) and 45th Street Hotel LLC (ECF No. 9). Petitioner shall promptly file proof of service of the Petition on Soho Boutique Management LLC. Petitioner is reminded that the Court's Individual Rules and Practices require that letters to the Court be filed on ECF. So Ordered. (Amended Pleadings due by 7/26/2021.) (Signed by Judge Jesse M. Furman on 7/22/2021) (js)
July 22, 2021 Opinion or Order Filing 13 AFFIDAVIT OF SERVICE of Order and Order to Show Cause served on 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE on July 21, 2021. Service was accepted by Sue Zouky, Business Document Specialist 2. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 22, 2021 Opinion or Order Filing 12 AFFIDAVIT OF SERVICE of Order and Order to Show Cause served on 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE on July 21, 2021. Service was accepted by Sue Zouky, Business Document Specialist 2. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 21, 2021 Opinion or Order Filing 11 AFFIDAVIT OF SERVICE of Petition to confirm arbitration plus exhibits served on 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE on July 21, 2021. Service was made by mail. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 20, 2021 Opinion or Order Filing 10 ORDER TO SHOW CAUSE: On June 15, 2021, Petitioner filed a petition to confirm an arbitration award. ECF No. 1. The next day the Court issued an Order setting a briefing schedule and directing Respondent to file any opposition no later than July 14, 2021. ECF No. 5. To date, no opposition has been filed. Accordingly, it is ORDERED that, no later than July 27, 2021, Respondent shall show cause why the petition should not be treated as unopposed. If Respondent does not show cause by that date, the petition will be deemed unopposed. The Court's June 16th Order directed Petitioner to "serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight mail no later than June 30, 2021," and to "file an affidavit of such service with the court no later than July 1, 2021." ECF No. 5 (emphasis added). Petitioner filed affidavits of service on July 1, 2021, indicating that Respondent had been served with the moving papers on June 22, 2021, but the affidavits do not indicate whether Respondent was served with the June 16th Order. See ECF Nos. 7, 8, 9. If Petitioner has not yet done so, it shall serve Respondent with a copy of the June 16th Order no later than July 21, 2021, and shall file proof of such service no later than July 22, 2021. Regardless, Petitioner shall serve Respondent with a copy of this Order and file proof of such service by the same dates. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/2021) (vfr)
July 1, 2021 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE of Petition to confirm arbitration plus exhibits served on 45 Street Hotel LLC on June 22, 2021. Service was accepted by Nancy Dougherty. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 1, 2021 Opinion or Order Filing 8 AFFIDAVIT OF SERVICE of Petition to confirm arbitration plus exhibits served on Soho Boutique Times Square LLC on June 22, 2021. Service was accepted by Nancy Dougherty. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
July 1, 2021 Opinion or Order Filing 7 AFFIDAVIT OF SERVICE of Petition to confirm arbitration plus exhibits served on 45 Street Hotel LLC on June 22, 2021. Service was accepted by Nancy Dougherty. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
June 17, 2021 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to 45th Street Hotel LLC. (vf)
June 16, 2021 Opinion or Order Filing 5 ORDER: Accordingly, it is hereby ORDERED that Petitioner shall file and serve any additional materials with which they intend to support their petition to confirm by June 30, 2021. Respondent's opposition, if any, is due on July 14, 2021. Petitioner's reply, if any, is due July 21, 2021. Petitioner shall serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight mail no later than June 30, 2021, and shall file an affidavit of such service with the court no later than July 1, 2021. (Responses due by 7/14/2021, Replies due by 7/21/2021.) (Signed by Judge Jesse M. Furman on 6/16/2021) (js)
June 16, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)
June 16, 2021 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(Bauman, Michael)
June 16, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Alan Bauman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
June 16, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Alan Bauman. The party information for the following party/parties has been modified: New York Hotel & Motel Trades Council, AFL-CIO, 45th STREET HOTEL LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE, SOHO BOUTIQUE TIMES SQUARE LLC d/b/a NIGHT HOTEL BY SB at TIMES SQUARE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (pc)
June 16, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Alan Bauman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $355,310,000; Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the Arbitration code has been deleted;. (pc)
June 16, 2021 Opinion or Order Magistrate Judge Barbara C. Moses 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. (pc)
June 16, 2021 Opinion or Order Case Designated ECF. (pc)
June 16, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)
June 15, 2021 Opinion or Order Filing 2 BRIEF re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by New York Hotel & Motel Trades Council, AFL-CIO. (Attachments: #1 Affidavit, #2 Supplement).(Bauman, Michael)
June 15, 2021 Opinion or Order Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-24677863).Document filed by New York Hotel & Motel Trades Council, AFL-CIO..(Bauman, Michael)

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Petitioner: New York Hotel & Motel Trades Council, AFL-CIO
Represented By: Michael Alan Bauman
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Respondent: 45th Street Hotel LLC doing business as Night Hotel By SB at Times Square, Soho Boutique Times Square LLC d/b/a Night Hotel By SB at Times Square
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Respondent: Soho Boutique Management LLC
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