Teamsters Local Union No. 52 et al v. The Kellogg Sales Company
| Teamsters Local Union No. 926 and Teamsters Local Union No. 52 |
| The Kellogg Sales Company |
| 1:2012cv01632 |
| June 22, 2012 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Lesley Wells |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on August 27, 2012. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal for want of prosecution re #22 . The Appellant's brief was not filed by 8/17/12 (USCA# 12-3820). Date issued by USCA 8/27/12 (H,SP) |
| Filing 27 Appeal Order from USCA for the Sixth Circuit: Denying the plaintiffs' motion for an injunction pending appeal and the defendant's motion to dismiss re #22 Notice of Appeal (USCA# 12-3820). The clerk is directed to expedite the appeal. Circuit Judges: Siler, Moore and McKeague. Date issued by USCA 7/26/12 (H,SP) |
| Filing 26 Acknowledgment from the USCA for Sixth Circuit of receipt of #22 Notice of Appeal (USCA# 12-3820). Date filed in USCA 7/5/12. (H,SP) |
| Filing 25 Notice of Withdrawal of Motion for Injunction Pending Appeal to the United States Court of Appeals for the Sixth Circuit and for Reconsideration filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Petroff, D.) |
| Filing 24 WITHDRAWN (see Doc. #25) Motion for reconsideration and injunction pending appeal filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Petroff, D.) Modified on 8/15/2012 (C,LS). |
| Filing 23 Judgment Entry that: judgment is entered on jurisdictional grounds and case is closed. Signed by Judge Lesley Wells on 7/5/2012. (Related doc #21 )(B,B) |
| Filing 22 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #21 Order of 7/3/12, filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Filing fee of $455 paid, receipt number 0647-5445704) (Petroff, D.) Modified text on 7/5/2012 (H,SP). |
Filing 21
Order finding that the Court does not have the necessary jurisdiction to grant injunctive relief. This case, therefore, is dismissed. . Judge Lesley Wells on 7/3/2012. (Related doc #1 , #2 )(Miller, Daniel) Modified text on 7/5/2012 (B,B).
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| Filing 20 Reply to response to Motion for Temporary Restraining Order filed by All Plaintiffs. Related document(s) #2 . (Attachments: #1 Exhibit Declaration of David D. Dudas) (Petroff, D.) Modified text and links on 7/5/2012 (B,B). |
| Filing 19 Attorney Appearance filed by David J. Gass on behalf of The Kellogg Sales Company. (Gass, David) Modified text on 7/5/2012 (B,B). |
| Filing 18 Notice of Service of Memorandum Opposing Plaintiffs Emergency Motion for Temporary Restraining Order filed by The Kellogg Sales Company. Related document(s) #17 .(Quist, Stephanie) |
| Filing 17 Response to #2 Motion for temporary restraining order /Memorandum Opposing Plaintiffs' "Emergency Motion for Temporary Restraining Order" filed by The Kellogg Sales Company. (Attachments: #1 Exhibit A - Distribution Center Map, #2 Exhibit B - CBA (Pittsburgh, PA), #3 Exhibit C - CBA (Akron, OH), #4 Exhibit D - 3-30-2012 Letter, #5 Exhibit E - 4-16-12 Memo of Understanding, #6 Exhibit F - Akron 5-22-12 Shutdown Offer, #7 Exhibit G - Pittsburgh 5-17-12 Shutdown Offer, #8 Exhibit H - Teamsters 5/29/12 Prop Severance Agreement, #9 Declaration of Jon McPherson, #10 Declaration of Darin Torosian, #11 Declaration of Kristie Chorny, #12 Declaration of Keith O. Carothers, #13 Declaration of Kenneth R. Hoffman)(Eastland, Keith) |
| Filing 16 Attorney Appearance by Joseph C. Hoffman, Jr filed by on behalf of Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Hoffman, Joseph) |
| Filing 15 Attorney Appearance by John B. Lewis filed by on behalf of The Kellogg Sales Company. (Lewis, John) |
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Order [non-document]Granting Motion for appearance pro hac vice. Attorney David J. Gass is added as counsel for The Kellogg Sales Company. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #10 ). Judge Lesley Wells on 7/2/2012.(C,LS)
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| Filing 14 Corporate Disclosure Statement identifying Corporate Parent Kellogg Company for The Kellogg Sales Company filed by The Kellogg Sales Company. (Eastland, Keith) |
| Filing 13 Motion to dismiss for failure to state a claim and lack of jurisdiction filed by Defendant The Kellogg Sales Company. (Attachments: #1 Exhibit Unpublished decisions)(Eastland, Keith) |
| Filing 12 Return of Service by Clerk by certified mail executed upon The Kellogg Sales Company on 6/27/2012, filed on behalf of Teamsters Local Union No. 52; Teamsters Local Union No. 926 (K,K) |
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Filing 11
Order. The Court will hold a hearing on Teamsters Local Union No. 52 and Teamsters Local Union No. 926's motion for preliminary injunction. Responsive pleadings from the Defendant are due 7/2/12, Reply briefs, if any, may be submitted 7/3/12. Hearing set for 7/5/2012 at 09:30 AM East Courtroom, Third Floor, Metzenbaum Federal Court House, 201 Superior Avenue, Cleveland, Ohio 44114. before Judge Lesley Wells. (E,P)
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| Filing 10 Motion for attorney David J. Gass to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5429522, filed by Defendant The Kellogg Sales Company. (Attachments: #1 Affidavit David J. Gass)(Eastland, Keith) |
| Filing 9 Certificate of Service filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. Related document(s) #7 .(Petroff, D.) |
| Filing 8 Attorney Appearance by Stephanie J. Cebulski filed by on behalf of The Kellogg Sales Company. (Cebulski, Stephanie) |
| Filing 7 Response to #5 Motion for conference/hearing (Rule 16) Regarding Plaintiff's "Emergency Motion for Temporary Restraining Order", Memorandum in Support of Motione filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Petroff, D.) Modified to remove certificate of service text on 6/26/2012, attorney will file separately (H,LA). |
| Filing 6 Attorney Appearance (Additional Co-Counsel) by Joseph D. Mando filed by on behalf of Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Mando, Joseph) |
| Filing 5 Motion for conference/hearing (Rule 16) Regarding Plaintiff's "Emergency Motion for Temporary Restraining Order", Memorandum in Support of Motion and Certificate of Service filed by Defendant The Kellogg Sales Company. Related document(s) #2 . (Eastland, Keith) |
| Filing 4 Attorney Appearance and Certificate of Service by Keith E. Eastland filed by on behalf of The Kellogg Sales Company. (Eastland, Keith) |
| Service by Clerk. Summons and Complaint addressed to The Kellogg Sales Company placed in U.S. Mail. Type of service: certified mail. Receipt # 70112000000244201658. (C,BA) |
| Filing 3 Original Summons and Magistrate Consent Form issued for service upon The Kellogg Sales Company. (Attachments: #1 Magistrate Consent Form) (K,K) |
| Filing 2 Motion for temporary restraining order filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Attachments: #1 Memorandum in Support of TRO, #2 Declaration of David D. Dudas, #3 Exhibit 1 to Dudas Declaration-Local 52 Agreement, #4 Exhibit 2 to Dudas Declaration-Local 52 February Grievances, #5 Exhibit 3 to Dudas Declaration-April 16 2012 Memorandum of Understanding, #6 Exhibit 4 to Dudas Declaration-Local 52 June Grievance and Appeal to Arbitration, #7 Exhibit 5 to Dudas Declaration-Health and Welfare Trust Amendment, #8 Exhibit 6 to Dudas Declaration-Census, #9 Exhibit 7 to Dudas Declaration-Benefit Estimate, #10 Declaration of Paul Taormina, #11 Exhibit 1 to Taormina Declaration-Local 926 Agreement, #12 Exhibit 2 to Taormina Declaration-Local 926 February Grievances, #13 Exhibit 3 to Taormina Declaration-Local 926 February Grievance Appeal to Arbitration)(Petroff, D.) |
| Filing 1 Complaint (Verified Complaint for Injunctive Relief) against The Kellogg Sales Company. Filing fee paid $ 350, Receipt number 0647-5424360. Filed by Teamsters Local Union No. 52, Teamsters Local Union No. 926. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Petroff, D.) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (K,K) |
| Judge Lesley Wells assigned to case. (K,K) |
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