AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 77 v. DUKE UNIVERSITY

Justia Dockets & Filings Fourth Circuit North Carolina Middle District AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 77 v. DUKE UNIVERSITY

AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 77 v. DUKE UNIVERSITY

Plaintiff:	AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 77
Defendant:	DUKE UNIVERSITY
Case Number:	1:2018cv00228
Filed:	March 20, 2018
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Alamance
Presiding Judge:	UNASSIGNED
Presiding Judge:	L. PATRICK AULD
Nature of Suit:	Labor/Management Relations
Cause of Action:	09 U.S.C. § 0009
Jury Demanded By:	None

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Date Filed	Document Text
October 9, 2019	Filing 29 ORDER signed by JUDGE LORETTA C. BIGGS on 10/09/2019 adopting the Magistrate Judge's Recommendation, that the Dismissal Motion, (ECF No. 13 ), and Confirmation Motion, (ECF No. 15 ), are GRANTED IN PART AND DENIED IN PART as follows: (1) Defendant's Rule 12(b)(1) request to dismiss this lawsuit as moot is DENIED; (2) Plaintiff's request to confirm the Arbitration Award is GRANTED insofar as Defendant failed to timely reinstate and repay Mr. Thorpe; (3) Plaintiff's request to confirm the Arbitration Award is DENIED insofar as it seeks a finding that Defendant's 2018 discipline of Mr. Thorpe contravened the Arbitration Award, as, under the circumstances of this case, that iss ue belongs before an arbitrator; and (4) Plaintiff is AWARDED reasonable attorney's fees attributable to its litigation efforts through May 1, 2018, as established pursuant to procedures provided under Federal Rule of Civil Procedure 54(d)(2). A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)
September 6, 2019	Filing 25 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 09/06/2019, that the Dismissal Motion (Docket Entry 13 ) and Confirmation Motion (Docket Entry 15 ) be granted in part and denied in part as follows: (1) Defendant's Rule 12(b)(1) request to dismiss this lawsuit as moot be denied; (2) Plaintiff's request to confirm the Arbitration Award be granted insofar as Defendant failed to timely reinstate and repay Mr. Thorpe; (3) Plaintiff's request to confirm the Arbitration Award be denied insofar as it seeks a finding that Defendant's 2018 discipline of Mr. Thorpe contravened the Arbitration Award, as, under the circumstance s of this case, that issue belongs before an arbitrator; and (4) Plaintiff be awarded reasonable attorney's fees attributable to its litigation efforts through May 1, 2018, as established pursuant to procedures provided under Federal Rule of Civil Procedure 54(d)(2). (Garland, Leah)

Date Filed

Document Text

October 9, 2019

Filing 29 ORDER signed by JUDGE LORETTA C. BIGGS on 10/09/2019 adopting the Magistrate Judge's Recommendation, that the Dismissal Motion, (ECF No. 13 ), and Confirmation Motion, (ECF No. 15 ), are GRANTED IN PART AND DENIED IN PART as follows: (1) Defendant's Rule 12(b)(1) request to dismiss this lawsuit as moot is DENIED; (2) Plaintiff's request to confirm the Arbitration Award is GRANTED insofar as Defendant failed to timely reinstate and repay Mr. Thorpe; (3) Plaintiff's request to confirm the Arbitration Award is DENIED insofar as it seeks a finding that Defendant's 2018 discipline of Mr. Thorpe contravened the Arbitration Award, as, under the circumstances of this case, that iss ue belongs before an arbitrator; and (4) Plaintiff is AWARDED reasonable attorney's fees attributable to its litigation efforts through May 1, 2018, as established pursuant to procedures provided under Federal Rule of Civil Procedure 54(d)(2). A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)

September 6, 2019

Filing 25 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 09/06/2019, that the Dismissal Motion (Docket Entry 13 ) and Confirmation Motion (Docket Entry 15 ) be granted in part and denied in part as follows: (1) Defendant's Rule 12(b)(1) request to dismiss this lawsuit as moot be denied; (2) Plaintiff's request to confirm the Arbitration Award be granted insofar as Defendant failed to timely reinstate and repay Mr. Thorpe; (3) Plaintiff's request to confirm the Arbitration Award be denied insofar as it seeks a finding that Defendant's 2018 discipline of Mr. Thorpe contravened the Arbitration Award, as, under the circumstance s of this case, that issue belongs before an arbitrator; and (4) Plaintiff be awarded reasonable attorney's fees attributable to its litigation efforts through May 1, 2018, as established pursuant to procedures provided under Federal Rule of Civil Procedure 54(d)(2). (Garland, Leah)

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Plaintiff: AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 77
Represented By:	PAUL E. SMITH
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