Roseton Generating LLC v. Local 320 of the International Brotherhood of Electrical Workers
Plaintiff: Roseton Generating LLC
Defendant: Local 320 of the International Brotherhood of Electrical Workers
Case Number: 7:2023cv02198
Filed: March 14, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2023 Filing 18 RESPONSE to Defendant's Further Affirmative Allegations Opposing Vacation of the Award. Document filed by Roseton Generating LLC..(Schudroff, Daniel)
April 20, 2023 Opinion or Order Filing 17 ORDER: An initial conference is scheduled for June 14, 2023 at 11:00 a.m. to be held by telephone. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The parties are directed to comply with this Court's Individual Practices Rule 3(B) and submit to the Court a courtesy copy of the marked pleadings in this case by June 7, 2023. Initial Conference set for 6/14/2023 at 11:00 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 4/19/2023) (ate)
April 18, 2023 Filing 16 RESPONSE to #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by Local 320 of the International Brotherhood of Electrical Workers. (Attachments: #1 Exhibit A - 2015-2020 CBA, #2 Exhibit B - 8/31/20 MOA, #3 Exhibit C - Employer's Post-Hearing Brief before Tillem, #4 Exhibit D - Schudroff Affirmation in 22-cv-03457, #5 Exhibit E - Putnam 11/24/21 SS Statement, #6 Exhibit F - Chernek Emails, #7 Exhibit G - Grievances submitted before Tillem, #8 Exhibit H - Opinion & Order in 22-cv-03457).(Rushfield, Mark)
April 11, 2023 Filing 15 AFFIDAVIT OF SERVICE of Summons and Petition served on Local 320 of the International Brotherhood of Electrical Workers on April 4, 2023. Service was accepted by Assistant to President Deborah Plavchak. Document filed by Roseton Generating LLC..(Schudroff, Daniel)
March 30, 2023 Opinion or Order Filing 14 ORDER: denying without prejudice #12 Letter Motion to Expedite; denying without prejudice #13 Letter Motion for Extension of Time to File Response/Reply re #12 LETTER MOTION to Expedite Summary Proceeding. addressed to Judge Philip M. Halpern from Mark C. Rushfield, Esq. dated March 28, 2023., #13 LETTER MOTION for Extension of Time to File Response/Reply. addressed to Judge Philip M. Halpern from Daniel D. Schudroff dated March 28, 2023. The Court, upon Defendant's answer to the Petition, will set an initial conference. Defendant's application to "expedite" this proceeding is, accordingly, DENIED without prejudice. The Clerk of Court is respectfully directed to terminate the motion sequences pending at Docs. 12 and 13. SO ORDERED.. (Signed by Judge Philip M. Halpern on 3/30/2023) (ama)
March 28, 2023 Filing 13 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Philip M. Halpern from Daniel D. Schudroff dated March 28, 2023. Document filed by Roseton Generating LLC..(Schudroff, Daniel)
March 28, 2023 Filing 12 LETTER MOTION to Expedite Summary Proceeding addressed to Judge Philip M. Halpern from Mark C. Rushfield, Esq. dated March 28, 2023. Document filed by Local 320 of the International Brotherhood of Electrical Workers..(Rushfield, Mark)
March 21, 2023 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #9 Letter filed by Roseton Generating LLC. ENDORSEMENT: To the extent Plaintiff seeks the Court's intervention in service of process and for a pre-motion conference on its contemplated motion for summary judgment, those applications are denied. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/21/2023) (tg)
March 17, 2023 Opinion or Order Filing 10 MEMO ENDORSEMENT on re: #8 Letter, filed by Local 320 of the International Brotherhood of Electrical Workers. ENDORSEMENT Application denied. Rule 13(a)(2)(b) for the Division of Business Among District Judges clarifies that "civil cases presumptively shall not be deemed related unless both cases are pending before the court." Judgment in civil case 22-cv-3457 was entered on November 23, 2022 and it is therefore no longer pending. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/17/2023) (jca)
March 17, 2023 Filing 9 LETTER addressed to Judge Philip M. Halpern from Daniel D. Schudroff dated March 17, 2023 re: Response to Defendant's March 16, 2023 Letter (Dkt. 8). Document filed by Roseton Generating LLC..(Schudroff, Daniel)
March 16, 2023 Filing 8 LETTER addressed to Judge Philip M. Halpern from Mark C. Rushfield dated March 16, 2023 re: Respondent's notification of related case Under Local Rule 1.6. Document filed by Local 320 of the International Brotherhood of Electrical Workers..(Rushfield, Mark)
March 16, 2023 Filing 7 ELECTRONIC SUMMONS ISSUED as to Local 320 of the International Brotherhood of Electrical Workers. (vf)
March 16, 2023 Filing 6 NOTICE OF APPEARANCE by Mark Craig Rushfield on behalf of Local 320 of the International Brotherhood of Electrical Workers..(Rushfield, Mark)
March 15, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Local 320 of the International Brotherhood of Electrical Workers, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by Roseton Generating LLC..(Schudroff, Daniel)
March 15, 2023 Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Local 320 of the International Brotherhood of Electrical Workers, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by Roseton Generating LLC..(Schudroff, Daniel) Modified on 3/15/2023 (vf).
March 15, 2023 Filing 3 CIVIL COVER SHEET filed..(Schudroff, Daniel)
March 15, 2023 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Roseton Holdings LLC for Roseton Generating LLC. Document filed by Roseton Generating LLC..(Schudroff, Daniel)
March 15, 2023 Filing 1 PETITION TO VACATE ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-27469549).Document filed by Roseton Generating LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, Part 1, #3 Exhibit Exhibit B, Part 2, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, Part 1, #6 Exhibit Exhibit D, Part 2, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibits G-J, #10 Exhibit Exhibit K, #11 Exhibit Exhibit L, #12 Exhibit Exhibit M, #13 Exhibit Exhibit N, #14 Exhibit Exhibit O, #15 Exhibit Exhibit P, #16 Exhibit Exhibit Q, #17 Exhibit Exhibit R).(Schudroff, Daniel)
March 15, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel David Schudroff. The party information for the following party/parties has been modified: Roseton Generating LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf)
March 15, 2023 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Daniel David Schudroff. The following party/parties has been removed from this case: IBEW Local Union 320, AFL-CIO. The party was added to the case in error. (vf)
March 15, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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)
March 15, 2023 ADD PARTY FOR PLEADING. Defendants/Respondents Local 320 of the International Brotherhood of Electrical Workers added. Party added pursuant to #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,.Document filed by Local 320 of the International Brotherhood of Electrical Workers. Related document: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,..(Schudroff, Daniel)
March 15, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel David Schudroff to RE-FILE Document No. The filing is deficient for the following reason(s): The party listed on the pleading (Local 320 of the International Brotherhood of Electrical Workers) not entered on CM ECF. 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)
March 15, 2023 Case Designated ECF. (vf)
March 15, 2023 Magistrate Judge Judith C. McCarthy 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)
March 15, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel David Schudroff re: Document No. #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. The filing is deficient for the following reason(s): all of the parties listed on the pleading (Local 320 of the International Brotherhood of Electrical Workers) were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf)

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Plaintiff: Roseton Generating LLC
Represented By: Daniel David Schudroff
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Defendant: Local 320 of the International Brotherhood of Electrical Workers
Represented By: Mark Craig Rushfield
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