International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW) v. General Motors LLC
| International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW |
| General Motors LLC |
| 4:2019cv00420 |
| February 26, 2019 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 35 Reply in support of #33 Amended Motion to Compel Arbitration filed by General Motors LLC. (McKay, Hugh) |
| Filing 34 Opposition to #33 Amended Motion to Compel Arbitration, #32 Motion to Compel Arbitration filed by International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Goldstein, Joyce) |
| Filing 33 Amended Motion to Compel Arbitration filed by Defendant General Motors LLC. Related document(s) #32 . (Attachments: #1 Brief in Support, #2 Exhibit A - April 16, 2019 Grievance Letter, #3 Exhibit B - May 22, 2019 Grievance Letter, #4 Exhibit C - June 11, 2019 Grievance Letter, #5 Exhibit D - May 7, 2019 Letter, #6 Exhibit E - May 31, 2019 Letter, #7 Exhibit F - GM's Announcements, #8 Exhibit G - UAW's Grievances)(McKay, Hugh) |
| Filing 32 Motion to Compel Arbitration filed by Defendant General Motors LLC. (Attachments: #1 Brief in Support, #2 Exhibit A - April 16, 2019 Grievance Letter, #3 Exhibit B - May 22, 2019 Grievance Letter, #4 Exhibit C - June 11, 2019 Grievance Letter, #5 Exhibit D - May 7, 2019 Letter, #6 Exhibit E - May 31, 2019 Letter, #7 Exhibit F - GM's Announcements, #8 Exhibit G - UAW's Grievances)(McKay, Hugh) |
Filing 31
Stipulation and Order approving #29 Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection or Other Applicable Privilege. Judge Benita Y. Pearson on 5/21/2019. (JLG)
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| Filing 30 Proposed Stipulation of Protective Order filed by General Motors LLC. (McKay, Hugh) |
| Filing 29 Proposed Stipulation Regarding Inadvertent Disclosure of Attorney-Client privilege, work product protection or other applicable privilege filed by General Motors LLC. (McKay, Hugh) |
| Filing 28 Sur-Reply brief in opposition to #14 Motion to dismiss for failure to state a claim or in the Alternative, Motion for judgment on the pleadings filed by International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Stoper, Richard) |
| Filing 27 Motion for leave to File Sur-Reply Brief in Opposition to #14 Motion to Dismiss or in the Alternative, Motion for Judgment on the Pleadings filed by Plaintiff International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. Related document(s) #25 . (Stoper, Richard) |
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Order [non-document] granting Plaintiff's #27 Motion for Leave to File Sur-Reply Brief in Opposition to #14 Motion to Dismiss or in the Alternative, Motion for Judgment on the Pleadings until 5/20/2019. Judge Benita Y. Pearson on 5/13/2019. Related document(s) #25 . (JLG)
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| Filing 26 Case Management Conference Plan/Order. Case is assigned to the complex track, and is not suitable for Alternative Dispute Resolution (ADR) at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Non-expert Discovery shall be completed on or before 2/25/2020. Expert Discovery shall be completed on or before 5/25/2020. On or before 3/27/2020, the party that has the burden of proof on an issue(s) shall identify its retained expert witness(es) and provide opposing counsel with a written expert report(s). The party that has no burden of proof on an issue(s) shall identify its retained expert(s), if any, and submit an opposing written report(s) to opposing counsel on or before 4/24/2020. On or before 5/20/2019, the parties shall agree to and file either the attached Stipulation (Attachment No. 1) or a stipulation reached by the parties regarding the handling of trial-preparation material. The cutoff to amend pleadings and add parties is 8/30/2019. The cutoff for filing dispositive motions is 6/1/2020. Responses shall be filed by 7/1/2020 and Replies by 7/15/2020. The next Status Conference will be held on 11/4/2019, at 12:00 p.m. Noon. The conference will be conducted via telephone unless circumstances require otherwise. Counsel for Plaintiff is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. A second Status Conference will be held on 2/10/2020, at 12:00 p.m. Noon. The conference will be conducted via telephone unless circumstances require otherwise. Counsel should notify the Court in advance of a Status Conference if the matter has settled. The parties shall file a proposed Stipulated Protective Order on or before 5/20/2019. Judge Benita Y. Pearson on 5/8/2019. (S,Ke) |
| Filing 25 Reply Memorandum in further support of #14 Motion to dismiss for failure to state a claim or in the Alternative, Motion for judgment on the pleadings filed by General Motors LLC. (Attachments: #1 Exhibit GM Grievance)(McKay, Hugh) |
| Filing 24 Memorandum of Opinion and Order For the reasons set forth herein, Defendant's Motion to Transfer Venue to the Eastern District of Michigan Pursuant to 28 U.S.C. 1404(a) (ECF No. #15 ) is denied. Judge Benita Y. Pearson on 5/6/2019. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 5/6/2019. Present were Attorneys Joyce Goldstein, Richard L. Stoper, Jr., and William J. Karges III as counsel for Plaintiff; Attorneys Philip A. Miscimarra, Elizabeth Herrington, Hugh E. McKay, and Tracy S. Francis as counsel for Defendant; Bryan Czape as party representative for Plaintiff; and, Holly Georgell and Sarah McAfee as party representatives for Defendant. On or before 5/20/2019, the parties shall agree to and file either the Stipulation attached to the Scheduling Order [18-4] or a stipulation reached by the parties regarding the handling of trial-preparation material. The parties shall file a proposed Stipulated Protective Order on or before 5/20/2019. A form protective order is attached as Appendix L to the Local Rules. Any proposed order will be rejected by the Court unless it provides that, where materials designated "confidential" are used in support of or in opposition to a motion, the party so using the material shall file the document under seal. See Electronic Filing Policies and Procedures Manual at 19 and 24. The proposed order shall also provide that the parties agree to be bound by its terms, during the litigation, prior and subsequent to entry by the Court. (Court Reporter: None); Time: 55 Minutes. (S,Ke) |
| Filing 23 Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by General Motors LLC. (McKay, Hugh) |
| Filing 22 Opposition to #14 Motion to dismiss for failure to state a claim or in the Alternative, Motion for judgment on the pleadings filed by International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Attachments: #1 Exhibit Declaration of Bryan Czape, #2 Exhibit A - Withdrawal of Hamtramck Grievance, #3 Exhibit B - Withdrawal of Lordstown Grievance)(Goldstein, Joyce) |
| Filing 21 Attorney Appearance by Hugh E. McKay and Tracy Francis filed by on behalf of General Motors LLC. (McKay, Hugh) |
| Filing 20 Reply in support of #15 Motion to change/transfer venue to the Eastern District of Michigan filed by General Motors LLC. (Attachments: #1 Exhibit A - UAW Reply N.D. Ill., #2 Exhibit B - UAW Motion to Transfer N.D. Ill.)(Powers, Allison) |
| Filing 19 Opposition to #15 Motion to change/transfer venue to the Eastern District of Michigan filed by International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Attachments: #1 Exhibit A - Declaration of Michael R. Cox, #2 Exhibit B - Declaration of Richard Rankin, #3 Exhibit C - Declaration of Menahem Levinson, #4 Exhibit Schedule to Levinson Declaration, #5 Exhibit D - Compilation of Ohio Local Unions)(Goldstein, Joyce) |
| Filing 18 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 5/6/2019 at 2:00 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 3/29/2019. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
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Filing 17
Order granting Motions for Appearance Pro Hac Vice by Attorneys Elizabeth B. Herrington, Philip A. Miscimarra, and W. John Lee for Defendant General Motors LLC. 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related document(s) #11 , #12 , #13 ). Judge Benita Y. Pearson on 3/22/2019. (JLG)
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| Filing 16 Answer and Affirmative Defenses to #1 Complaint filed by General Motors LLC. (Attachments: #1 Exhibit 1 - Nov. 26, 2018 Press Release, #2 Exhibit 2 - Nov. 27, 2018 Statement, #3 Exhibit 3 - Ohio Grievance, #4 Exhibit 4 - Michigan Grievance)(Powers, Allison) |
| Filing 15 Motion to change/transfer venue to the Eastern District of Michigan filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A - Declaration of Scott Sandefur)(Powers, Allison) |
| Filing 14 Motion to dismiss for failure to state a claim or in the Alternative, Motion for judgment on the pleadings filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A - Ohio Grievance, #2 Exhibit B - Michigan Grievance, #3 Exhibit C - Meet and Confer Correspondence)(Powers, Allison). |
| Filing 13 Motion for attorney W. John Lee to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9213232, filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A - Declaration of W. John Lee, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(Powers, Allison) |
| Filing 12 Motion for attorney Philip A. Miscimarra to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9213229, filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A - Declaration of Philip A. Miscimarra, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(Powers, Allison) |
| Filing 11 Motion for attorney Elizabeth B. Herrington to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9213199, filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A - Declaration of Elizabeth B. Herrington, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(Powers, Allison) |
| Filing 10 Corporate Disclosure Statement identifying Other Affiliate General Motors Holding LLC, owned by General Motors Company for General Motors LLC filed by General Motors LLC. (Powers, Allison) |
| Filing 9 Attorney Appearance by Allison N. Powers filed by on behalf of General Motors LLC. (Powers, Allison) |
| Filing 8 Notice of Service of Order of 3/4/2019 filed by International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. Related document(s) #6 .(Stoper, Richard) |
| Filing 7 Return of Service by Clerk by certified mail executed upon General Motors LLC on 2/26/2019, filed on behalf of International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW Related document(s) #2 . (S,SR) |
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Filing 6
Order Both this action and International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW v. General Motors LLC, No. 4:19CV0013 (N.D. Ohio filed January 2, 2019), are related and reside on the docket of the undersigned. Lead counsel for both parties in Case No. 4:19CV0420, the most recently filed case, are required to attend the Case Management Conference ("CMC") in Case No. 4:19CV0013 scheduled for 3/8/2019 at 10:00 a.m. in Chambers 313, Thomas D. Lambros United States Court House,125 Market Street, Youngstown, Ohio. Parties and representatives in Case No. 4:19CV0420 are welcome, but not required, to attend. While the Court plans to take advantage of the opportunity to discuss both matters on 3/8/2019, the Court will remain open to a subsequent CMC, if necessary, in Case No. 4:19CV0420. Attorney Joyce Goldstein shall immediately serve a copy of the within Order upon Defendant General Motors LLC and file a proof of service. Judge Benita Y. Pearson on 3/4/2019. (JLG)
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Filing 5
Order granting Motions for Appearance Pro Hac Vice by Attorneys Jeffrey D. Sodko and William J. Karges III for Plaintiff International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW). 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #3 , #4 ). Judge Benita Y. Pearson on 2/27/2019. (JLG)
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| Filing 4 Motion for attorney William J. Karges III to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9167238, filed by Plaintiff International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Attachments: #1 Affidavit of William J. Karges, III)(Stoper, Richard) |
| Filing 3 Motion for attorney Jeffrey D. Sodko to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9167214, filed by Plaintiff International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Attachments: #1 Affidavit of Jeffrey D. Sodko)(Stoper, Richard) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon General Motors LLC. (Attachments: #1 Magistrate Consent Form) (S,Ke) |
| Filing 1 Complaint against General Motors LLC. Filing fee paid $ 400, Receipt number 0647-9166452. Plaintiff has indicated that case may be related to pending civil action 4:19-cv-00013. Filed by International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Civil Cover Sheet, #3 Summons) (Goldstein, Joyce) |
| Judge Benita Y. Pearson assigned to case. (S,Ke) |
| Service by Clerk. Summons and Complaint addressed to General Motors LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 70091410000074153268. (B,R) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,Ke) |
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| Defendant: General Motors LLC | |
| Represented By: | Elizabeth B. Herrington |
| Represented By: | Philip A. Miscimarra |
| Represented By: | Hugh E. McKay |
| Represented By: | W. John Lee |
| Represented By: | Allison N. Powers |
| Represented By: | Tracy A.S. Francis |
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| Plaintiff: International Union, United Automobile, Aerospace & Agricultural Implement Workers of America - UAW | |
| Represented By: | Jeffrey D. Sodko |
| Represented By: | Joyce Goldstein |
| Represented By: | William J. Karges, III |
| Represented By: | Richard L. Stoper |
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