Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812 v. Ulrich
| Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812 |
| John Ulrich |
| 7:2017cv00137 |
| January 9, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nassau |
| Kenneth M. Karas |
| Labor/Management Relations |
| 29 U.S.C. ยง 185 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
159
OPINION AND ORDER re: (155 in 7:17-cv-00137-KMK-AEK) MOTION for Summary Judgment . filed by Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812, (150 in 7:17-cv-00137-KMK-AEK) MOTION for Default Judgment as to Defendant. filed by Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Worker s, Greater New York and Vicinity, Local Union No. 812, (145 in 7:17-cv-00137-KMK-AEK) MOTION for Summary Judgment statement of material facts and notice to pro se litigaant. filed by Soft Drink, Brewery Workers and Delivery Empoyees, Ind ustrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812, (142 in 7:17-cv-00137-KMK-AEK) MOTION for Summary Judgment . filed by Soft Drink, Brewery Workers and Delivery Empoye es, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812, (75 in 7:17-cv-07023-KMK-AEK) MOTION for Summary Judgment . filed by Local 812 Health Fund, Trustees of the Local 812 Health Fund. For the foregoing reasons, the Motions are granted. The Clerk of Court is directed to terminate the pending motions, (see Dkt. Nos. 142, 145, 150, 155, Case No. 17-CV-137; Dkt. No. 75, Case No. 17-CV-7023); enter judgment for the Union on its claim for violation of the IBT constitution based on Defendant's failure to return the Union Property; and enter judgment for Health Fund Plaintiffs on their claim for breach of fiduciary duty based on Defendant's extorti on of bribes from a vendor. The Court will hold a telephonic status conference in both related cases on October 6, 2022 at 3:00 PM. Meeting Dial-In Number (USA toll-free): (888) 363-4749. Access Code:7702195. Please enter the conference as a gu est by pressing the pound sign (#). At the conference, the Union and Health Fund Plaintiffs should be prepared to discuss a concrete plan for the expedient resolution of these five-year-old cases, particularly in light of the fact that Defendant (1 ) has already been convicted of federal charges concerning the same course of conduct, (2) is currently serving an 18-month sentence on those charges, (3) is in poor health, and (4) has represented that he is in the midst of filing for personal ban kruptcy. (See, e.g., Ulrich Ltr.) The Clerk of Court is directed to mail a copy of this Opinion & Order to Defendant at the address listed in the docket for Case No. 17-CV-7023. SO ORDERED. ( Telephone Conference set for 10/6/2022 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 8/30/2022) (tg) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
135
MEMORANDUM AND ORDER: It is the Court's understanding from multiple prior status conferences in the 17 Civ. 137 matter that Mr. Ulrich's deposition is the last outstanding item of discovery in that case, and that discovery therefore will be completed by the June 11, 2021 deadline established in the April 28 order. The Court has a general understanding that discovery in the 17 Civ. 7023 matter-which is now referred to the undersigned for general pretrial supervision, see ECF No. 50 (17 Civ. 7023 docket)-has been proceeding on a parallel track, and that discovery there should be able to be completed by June 11, 2021 as well. On or before June 25, 2021, the parties are directed to submit separate letters to the Court to in form the Court as to whether they believe there to be any outstanding issues for discovery. If Mr. Ulrich should fail to appear for the deposition, as part of Plaintiffs' June 25, 2021 submission, counsel should include a formal request for sp ecific sanctions, including the specific amount of costs and expenses. Any application for costs and expenses must be supported with an attorney affidavit and appropriate documentation. Chambers staff will send a copy of this order via e-mail to Ms. Campolo and will mail a copy of this Order to the pro se Defendant. (Signed by Magistrate Judge Andrew E. Krause on 6/1/2021) (rro)
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Filing
131
ORDER: The Court hereby extends the deadline for completion of fact discovery to June 11, 2021slightly more than 12 weeks from the date of the concussion, and exactly 10 weeks from the date of Dr. Fishmans most recent letter recommending the cog nitive rest. The parties must meet and confer to discuss the scheduling of Mr. Ulrichs deposition, with the assumption that the deposition will be scheduled over a two-day period, as previously contemplated. On or before May 21, 2021, Plaintiff is directed to write a letter to the Court either to confirm the agreed-upon dates for the deposition or to notify the Court of any problems with scheduling. The Court will not grant any further extensions of this deadline absent truly extraordinary circumstances. Should Mr. Ulrich be inclined to seek any further postponement of his deposition based on alleged medical need, he would have to present far more detailed findings from medical professionals than he has to date to demonstrate speci fically how and why a deposition would cause him to suffer demonstrable harm. The Clerk of the Court is directed to mail a copy of this Order to the pro se Defendant. In addition, chambers staff will send a copy of this order via e-mail to Ms. Campolo. (Fact Discovery due by 6/11/2021.) (Signed by Magistrate Judge Andrew E. Krause on 4/28/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
130
ORDER: By Monday, April 5, 2021, Defendant is directed to produce a letter from one or more of his treating physicians, explaining the nature of his medical issues, how they affect his ability to testify at his deposition, and what Defendant is a ctually physically capable of doing at this time. In addition to this letter, Defendant must promptly update the Court if, at any time, there is a change to Defendant's date to surrender to BOP. The Clerk of the Court is directed to mail a copy of this Order to the pro se Defendant. In addition, chambers staff will send a copy of this order via e-mail to Ms. Campolo. (Signed by Magistrate Judge Andrew E. Krause on 3/31/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
126
ORDER granting 125 LETTER MOTION for Discovery to compel Defendant's compliance. Mr. Ulrich is to immediately provide the requested documents and to answer the interrogatories. Failure to do so could result in sanctions, including contempt. Plaintiff's counsel is to mail this memo endorsement to Plaintiff and certify that this was done in a filing by 12/31/20. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/29/2020) (jca)
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Filing
112
NOTICE OF TELECONFERENCE INFORMATION: For the week of Oct. 12, 2020, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. F or initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/9/2020) (jca)
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Filing
107
ORDER re: 105 Letter, filed by Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812. The undersigned has received a lette r written on behalf of Defendant in response to Plaintiff's letter filed as ECF No. 105. Attached to Defendant's letter are medical records which should not be publicly available. For that reason, the undersigned respectfully requests the C lerk of Court to restrict access to this document to the parties in this case, counsel of record, and Andrea Campolo. A copy of this order has been mailed by chambers to pro se Defendant of record. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 8/13/2020) Copies Mailed By Chambers. (kv)
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Filing
99
ORDER: A telephonic status conference is currently scheduled to take place on Wednesday, April 29, 2020, at 11:30 a.m. before the undersigned. The call-in information needed to access Wednesdays teleconference has been posted on the electronic do cket at Docket No. 97 and was mailed to Defendant. See Docket No. 97. Since Defendant is proceeding in this matter pro se, the Court directs Defendant to provide the Court with a telephone number where he can be reached. Copies of this order will be mailed by chambers to pro se Defendant at the address of record. (Signed by Magistrate Judge Lisa Margaret Smith on 4/23/2020) (rro)
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Filing
98
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as further set forth in this order. (Signed by Magistrate Judge Lisa Margaret Smith on 4/9/2020) (rj)
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Filing
94
CASE MANAGEMENT AND SCHEDULING ORDER granting 92 LETTER MOTION for Discovery for Court's approval of proposed schedule. This case is not to be tried to a jury. No additional parties may be joined except with leave of the Court. Amended plead ings may not be filed except with leave of the Court. All fact discovery is to be completed no later than August 31, 2020. Depositions to be completed by July 24, 2020. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: a. Expert(s) of Plaintiff(s) June 24, 2020. b. Expert(s) of Defendant(s) June 24, 2020. Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion co nference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. Parties have conferred and their present best estimate of the length of trial is Plaintiff: 4 days. The Proposed Discovery Schedule is adopted. The Clerk of Court is directed to terminate the Motion at Dkt. No. 92. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/3/2020) (jca)
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| Defendant: John Ulrich | |
| Represented By: | Joseph J. Ranni |
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| Plaintiff: Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812 | |
| Represented By: | Susan M. Bruno |
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