Fedway Associates, Inc. v. Wine, Liquor & Distillery Workers Union Local 1-D, UFCW
| Fedway Associates, Inc. |
| Wine, Liquor & Distillery Workers Union Local 1-D, UFCW |
| 1:2021cv08536 |
| October 16, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/1/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 25 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/1/2021 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022..(Moya, Goretti) |
| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:21-cv-19604, filed on 11/03/2021. (sjo) |
Filing 24
ORDER granting #14 Motion for Order to Show Cause. IT IS HEREBY ORDERED THAT for the reasons stated on the record at the November 1, 2021 hearing, Petitioners motion for a preliminary injunction and for transfer to the District of New Jersey is GRANTED. IT IS FURTHER ORDERED THAT in light of Respondents consent to transfer venue pursuant to 28 U.S.C. 1404(a), see Dkt. 23, the case shall be transferred to the District of New Jersey. The Clerk of Court is respectfully directed to close the open motion at Docket Entry 14 and to transfer the above-captioned case to the United States District Court for the District of New Jersey. No further proceedings shall be had in this Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/3/2021) (tg)
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| Filing 23 LETTER addressed to Judge Valerie E. Caproni from J. Warren Mangan, Esq. dated November 3, 2021 re: transfer action to USDC New Jersey. Document filed by Wine, Liquor & Distillery Workers Union Local 1-D, UFCW..(Mangan, J.) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - United States District Court of New Jersey.(tg) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 11/1/2021. Attorneys John Horowitz and Kathryn Jones present for the petitioner. Attorney J. Warren Mangan present for the respondent. Court Reporter Paula Speer present. (anc) |
| Filing 22 LETTER addressed to Judge Valerie E. Caproni from J. Warren Mangan, Esq. dated November 1, 2021 re: bring additional citations to Court's attention. Document filed by Wine, Liquor & Distillery Workers Union Local 1-D, UFCW..(Mangan, J.) |
| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #14 PROPOSED MOTION for Order to Show Cause for TRO and Preliminary Injunction. . Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Filing 20 OPPOSITION BRIEF to Petitioner's Order to Show Cause for Injunctive Relief and Declaratory Judgment. Document filed by Wine, Liquor & Distillery Workers Union Local 1-D, UFCW..(Mangan, J.) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 10/26/2021. Attorney John Horowitz present for the plaintiff. Attorney J. Warren Mangan present for the defendant. Court Reporter Sonya Moore present. (anc) |
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Filing 19
ORDER TO SHOW CAUSE: Respondent Wine, Liquor & Distillery Workers Union Local 1-D, UFCW ("Respondent"), shall show cause as to why an Order should not be made and entered, pursuant to Rule 65 of the Federal Rules of Civil Procedure, directing that Respondent be preliminarily enjoined from arbitrating its claims against Fedway regarding the discharge of Donald Walker as set forth in Respondent's Demand for Arbitration, dated August 11, 2021, before the American Arbitration Association ("Arbitration"), pending a determination of Fedway's Verified Petition for declaratory relief; and it is further, ORDERED that Horowitz Law Group, PLLC, shall serve a true copy of this Order to Show Cause, together with the papers upon which it is based, upon J. Warren Mangan, Esq., counsel for Respondent, via the Electronic Case Filing system; and it is further, ORDERED that answering papers, if any, to this motion shall be served on Horowitz Law Group, PLLC, via the Electronic Case Filing system on or before noon on Oct. 28, 2021; and it is further, ORDERED that reply papers, if any, to this motion shall be served on counsel appearing for Respondent in this proceeding via the Electronic Case Filing system on or before 5pm on October 29, 2021; and it is further, ORDERED that Horowitz Law Group, PLLC, shall serve a true copy of this Order to Show Cause, together with the papers upon which it is based, via e-mail upon Leslie Murphy, Case Manager at AAA. Ordered that the parties shall appear at 3:00pm on November 1, 2021, in Courtroom 443, Thurood Marchall U.S. Courthouse, 40 Foley Square, NY, NY 10007, for a hearing on the motion. SO ORDERED. Show Cause Hearing set for 11/1/2021 at 03:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/26/2021) (mml)
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Filing 18
ORDER with respect to #14 Motion for Order to Show Cause. WHEREAS Petitioner has moved for a temporary restraining order, see Dkts. 1417; IT IS HEREBY ORDERED THAT the parties must appear for a teleconference regarding Petitioners request on October 26, 2021, at 5:15 p.m. The parties may dial-in at (888) 363- 4748 // Access Code: 3121171# // Security Code: 8536#. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/26/2021) (tg)
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| Filing 17 DECLARATION of Richard J. Delello, Esq. in Support re: #14 PROPOSED MOTION for Order to Show Cause for TRO and Preliminary Injunction.. Document filed by Fedway Associates, Inc.. (Attachments: #1 Exhibit A - 8/13/21 Emails, #2 Exhibit B - 9/29/21 Emails, #3 Exhibit C - 9/30/21 Letter).(Horowitz, John) |
| Filing 16 DECLARATION of Robert D. Sansone in Support re: #14 PROPOSED MOTION for Order to Show Cause for TRO and Preliminary Injunction.. Document filed by Fedway Associates, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Horowitz, John) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 PROPOSED MOTION for Order to Show Cause for TRO and Preliminary Injunction. . Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Filing 14 PROPOSED MOTION for Order to Show Cause for TRO and Preliminary Injunction. Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Set/Reset Hearings: Telephone Conference set for 10/26/2021 at 05:15 PM before Judge Valerie E. Caproni. (tg) |
| Filing 13 NOTICE OF APPEARANCE by J. Warren Mangan on behalf of Wine, Liquor & Distillery Workers Union Local 1-D, UFCW..(Mangan, J.) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Wine, Liquor & Distillery Workers Union Local 1-D, UFCW waiver sent on 10/19/2021, answer due 12/20/2021. Document filed by Fedway Associates, Inc...(Beckenstein, Lawrence) |
| Filing 11 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 8536. Initial Conference set for 1/7/2022 at 03:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/19/2021) (tg) |
| Filing 10 NOTICE OF APPEARANCE by Lawrence Aryeh Beckenstein on behalf of Fedway Associates, Inc...(Beckenstein, Lawrence) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Wine, Liquor & Distillery Workers Union Local 1-D, UFCW. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Wine, Liquor & Distillery Workers Union Local 1-D, UFCW, re: #7 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Filing 7 PETITION TO STAY ARBITRATION..Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to, re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - PETITION TO Stay ARBITRATION..Document filed by Fedway Associates, Inc.(Horowitz, John) Modified on 10/18/2021 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John David Horowitz to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John David Horowitz to RE-FILE Document No. #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF Title must correspond to event type selected. Re-file the pleading using the event type Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration 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 10/25/2021. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| Magistrate Judge James L. Cott 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John David Horowitz to RE-FILE Document No. #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF Title must correspond to event type selected. Re-file the pleading using the event type Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration 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 10/25/2021. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John David Horowitz to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your 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. (vf) |
| Filing 4 CIVIL COVER SHEET filed..(Horowitz, John) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fedway Associates, Inc...(Horowitz, John) |
| Filing 2 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Wine, Liquor & Distillery Workers Union Local 1-D,UFCW, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Fedway Associates, Inc...(Horowitz, John) Modified on 10/18/2021 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PETITION TO STAY ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25205223).Document filed by Fedway Associates, Inc...(Horowitz, John) Modified on 10/18/2021 (vf). |
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