Lexington Avenue Hotel, L.P. v. City of New York et al
| Lexington Avenue Hotel, L.P. |
| CITY OF NEW YORK and New York Hotel and Motel Trades Council, AFL-CIO |
| 1:2023cv10190 |
| November 20, 2023 |
| US District Court for the Southern District of New York |
| Sarah Netburn |
| Gregory H Woods |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/1/2023 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....(McGuirk, Kelly) |
| Filing 33 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/1/2023 before Judge Gregory H. Woods. Court Reporter/Transcriber: Amy Walker, (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 1/5/2024. Redacted Transcript Deadline set for 1/16/2024. Release of Transcript Restriction set for 3/14/2024..(McGuirk, Kelly) |
| Filing 32 MEMO ENDORSEMENT on re: #31 Letter, filed by Lexington Avenue Hotel, L.P. ENDORSEMENT: Application granted in part. Fundamentally, the factual basis, and need, for any application for preliminary injunctive relief will change depending on the outcome of the arbitration proceeding, as indicated by the parties' need for additional briefing. Therefore, the treats Plaintiff's application for a preliminary injunction to be withdrawn. The hearing scheduled for December 27, 2023 is adjourned sine die. After the completion of arbitration, Plaintiff may renew its motion for a preliminary injunction, or request other appropriate relief: the Court will establish a briefing schedule when the nature of the application is known. In addition, the Court finds good cause to stay this action pending resolution of the arbitration. The parties may make an application to lift the stay at any time. The Clerk of Court is directed to note the stay of this case on the docket. (Signed by Judge Gregory H. Woods on 12/8/2023) (rro) |
| Filing 31 JOINT LETTER addressed to Judge Gregory H. Woods from Daniel V. Derby/Barry N. Saltzman/Samantha M. Schonfeld dated December 8, 2023 re: Preliminary Injunction Hearing and Proposed Stipulation and Order. Document filed by Lexington Avenue Hotel, L.P...(Derby, Daniel) |
| Filing 30 PROPOSED STIPULATION AND ORDER. Document filed by Lexington Avenue Hotel, L.P...(Derby, Daniel) |
| Filing 29 AFFIDAVIT OF SERVICE. New York Hotel and Motel Trades Council, AFL-CIO served on 11/27/2023, answer due 12/18/2023. Service was accepted by Anne Heeralall, Executive Assistant. Document filed by Lexington Avenue Hotel, L.P...(Derby, Daniel) |
| Filing 28 AFFIDAVIT OF SERVICE. City Of New York served on 11/28/2023, answer due 12/19/2023. Service was accepted by Sarah Jean Charles, Docketing Clerk. Document filed by Lexington Avenue Hotel, L.P...(Derby, Daniel) |
| Filing 27 CERTIFICATE OF SERVICE of Signed Order to Show Cause, Declarations, Exhibits and Memorandums of Law served on Defendants on December 5, 2023. Service was made by FedEx and electronic mail. Document filed by Lexington Avenue Hotel, L.P...(Derby, Daniel) |
Filing 26
ORDER: The Court has reviewed Plaintiff's motion for a preliminary injunction and temporary restraining order and has denied Plaintiff's motion for a temporary restraining order because the Court does not find that it meets the standard for emergency injunctive relief at this time. In particular, Plaintiff has not made a showing that it will be irreparably harmed as a result of its participation in the upcoming arbitration proceeding prior to the scheduled hearing with respect to the requested preliminary injunction. Plaintiff argues that it has shown irreparable harm solely on the basis that the harm at issue is the 'deprivation of a constitutional right'.... Dkt. No. 15 at 22. However, that harm is not imminent. It will come, if at all, when a ruling is made against Plaintiff in that proceeding. As counsel for one defendant argues, neither fear is a fact, and certainly not imminent. Dkt. No. 20 at 10. While the Court need not discuss this issue in great depth for purposes of explaining the reason for its decision to deny the requested temporary restraining order, the Court highlights the fact that Plaintiff's as applied constitutional challenge to the statute turns in part on the extent to which the statute undermines its contractual bargain. The bargain is embodied in Plaintiff's July 28, 2021 agreement with the Union (the Settlement Agreement). Dkt. No. 13-3. The interpretation of the terms of the Settlement Agreementand thus, arguably, the definition of the extent of Plaintiff's contractual bargain which is allegedly impaired by the challenged statuteis an issue that is specifically reserved to the Impartial Chairperson. Id. 9. That fact weighs against granting the requested temporary restraining order, which would bar the Impartial Chairperson from beginning the work of examining the scope and meaning of the Settlement Agreement. (Signed by Judge Gregory H. Woods on 12/4/2023) (rro)
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Filing 25
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: ORDERED, that the above named defendants show cause at a hearing to be held byremove teleconference, on December 27, 2023, at 3:00 o'clock in the afternoon thereof, or assoon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendants City of New York and the New York Hotel and Motel Trades Council, AFL-CIO (collectively, "Defendants") from enforcing, or attempting to enforce, New York City Local Law 2397-A against Plaintiff, including through the arbitration hearing between Plaintiff and Defendants, currently scheduled for December 4, 2023, before the Office of the Impartial Chairperson; and it is further ORDERED that a copy of this Order to Show Cause together with the accompanying Declarations and the exhibits attached thereto, and the accompanying Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction shall be served on Defendants, or their counsel, no later than December 7, 2023, by email and FedEx; and it is further ORDERED that any opposition be filed no later than December 11, 2023 and that any reply be filed no later than December 18, 2023. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of those rules contains the dial-in number for the conference and other relevant information. The parties are specifically directed to comply with Rule 2(C). (Signed by Judge Gregory H. Woods on 12/2/2023) (rro)
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| Filing 24 DECLARATION of Joshua Zuckerberg in Support re: #12 Proposed Order to Show Cause With Emergency Relief. Document filed by Lexington Avenue Hotel, L.P.. (Attachments: #1 Exhibit 10 - 12.4.23 Hearing Notice re PTO, #2 Exhibit 11 - IC Award #2020-75, #3 Exhibit 12 - IC Award #2020-80).(Zuckerberg, Joshua) |
| Filing 23 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #12 Proposed Order to Show Cause With Emergency Relief . Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Show Cause Hearing held on 12/1/2023. (Court Reporter present) (wv) |
| Filing 22 DECLARATION of Joseph Farelli in Support re: #20 Memorandum of Law,, Memorandum of Law in Opposition,. Document filed by New York Hotel and Motel Trades Council, AFL-CIO. (Attachments: #1 Exhibit B. IC Award #2021-22, #2 Exhibit C. IC Award #2021-36, #3 Exhibit D. Settlement Agreement, #4 Exhibit F. Union Demand for Arbitration, #5 Exhibit G. Notice of Hearing Email 12.12.22, #6 Exhibit H. Plaintiff Email to Arbitrator and Union, #7 Exhibit I. Arbitrator Email to Plaintiff 9.7.23, #8 Exhibit J. Notice of Hearing Email 10.20.23, #9 Exhibit K. Notice of Hearing Email 11.15.23, #10 Exhibit L. Union Email 11.28.23, #11 Exhibit M. Arbitrator Email 11.28.23).(Leonelli, Annalise) |
| Filing 21 NOTICE OF APPEARANCE by Samantha Michelle Schonfeld on behalf of City Of New York..(Schonfeld, Samantha) |
| Filing 20 FIRST MEMORANDUM OF LAW re: #1 Complaint, ., FIRST MEMORANDUM OF LAW in Opposition re: #12 Proposed Order to Show Cause With Emergency Relief, #1 Complaint, . Document filed by New York Hotel and Motel Trades Council, AFL-CIO..(Leonelli, Annalise) |
| Filing 19 NOTICE OF APPEARANCE by Annalise Leonelli on behalf of New York Hotel and Motel Trades Council, AFL-CIO..(Leonelli, Annalise) |
| Filing 18 NOTICE OF APPEARANCE by Barry Neal Saltzman on behalf of New York Hotel and Motel Trades Council, AFL-CIO..(Saltzman, Barry) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
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Filing 17
ORDER: The Court has reviewed Plaintiff's proposed order to show cause and supporting papers. Dkt. Nos. 12-15. The parties are ordered to appear for a hearing on this matter on November 30, 2023 at 1:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. ( Show Cause Hearing set for 11/30/2023 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 11/30/2023) (rro)
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| Filing 16 NOTICE OF APPEARANCE by William Laurence Charron on behalf of Lexington Avenue Hotel, L.P...(Charron, William) |
| Filing 15 MEMORANDUM OF LAW in Support re: #12 Proposed Order to Show Cause With Emergency Relief . Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) |
| Filing 14 DECLARATION of Joshua Zuckerberg in Support re: #12 Proposed Order to Show Cause With Emergency Relief. Document filed by Lexington Avenue Hotel, L.P.. (Attachments: #1 Exhibit 4 - Int No 2397-A - Local Law 104 of 2021, #2 Exhibit 5 - Complaint, #3 Exhibit 6 - November 22, 2023 Letter, #4 Exhibit 7 - November 27, 2023 Letter, #5 Exhibit 8 - November 28, 2023 Letter from Mr. Farelli, #6 Exhibit 9 - November 28, 2023 email from the IC).(Zuckerberg, Joshua) |
| Filing 13 DECLARATION of Edna J. Bracken in Support re: #12 Proposed Order to Show Cause With Emergency Relief. Document filed by Lexington Avenue Hotel, L.P.. (Attachments: #1 Exhibit 1 - IWA, #2 Exhibit 2 - Assumption Agreements, #3 Exhibit 3 - Settlement Agreement).(Zuckerberg, Joshua) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
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Filing 11
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/22/2023) (vfr)
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| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York Hotel and Motel Trades Council, AFL-CIO..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to City Of New York..(pc) |
| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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) |
| 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 #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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Zuckerberg. The party information for the following party/parties has been modified: CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Zuckerberg. The following case opening statistical information was erroneously selected/entered: Dollar Demand $3,025,800,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $3,026,000;. (pc) |
| Filing 8 NOTICE OF APPEARANCE by Daniel Vincent Derby on behalf of Lexington Avenue Hotel, L.P...(Derby, Daniel) |
| Filing 7 NOTICE OF APPEARANCE by Perry M. Amsellem on behalf of Lexington Avenue Hotel, L.P...(Amsellem, Perry) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to New York Hotel and Motel Trades Council, AFL-CIO, re: #1 Complaint,. Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-9322. Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DEKA IMMOBILIEN INVESTMENT GMBH, Corporate Parent LEXINGTON HOTEL OWNERS LLC for Lexington Avenue Hotel, L.P.. Document filed by Lexington Avenue Hotel, L.P...(Zuckerberg, Joshua) |
| Filing 2 CIVIL COVER SHEET filed..(Zuckerberg, Joshua) |
| Filing 1 COMPLAINT against CITY OF NEW YORK, New York Hotel and Motel Trades Council, AFL-CIO. (Filing Fee $ 402.00, Receipt Number ANYSDC-28594834)Document filed by Lexington Avenue Hotel, L.P.. (Attachments: #1 Exhibit A - Int No 2397-A - Local Law 104 of 2021, #2 Exhibit B - IWA).(Zuckerberg, Joshua) |
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