Walsh v. Mountain View Care and Rehabilitation Center, LLC
Plaintiff: Dennis P. Walsh
Defendant: Mountain View Care and Rehabilitation Center, LLC
Case Number: 3:2019cv01079
Filed: June 24, 2019
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: Robert D Mariani
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29:151
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Filing 28 AFFIDAVIT re #27 Order (memorandum filed previously as separate docket entry),,,,, filed by Mountain View Care and Rehabilitation Center, LLC of Affiant Donna Molinaro. (Williams, Brandon)
July 2, 2019 Opinion or Order Filing 27 ORDER (memorandum filed previously as separate docket entry) IT IS HEREBY ORDERED THAT: 1. Pending the final disposition of the matters pending before the National Labor Relations Board, Respondent Mountain View Care and Rehabiltation Center, LLC, its officers, representatives, agents, servants, employees, attorneys, successors and assigns, and all persons acting in concert of participation with it or with them, are enjoined and restrained from: discharging, suspending or otherwise discriminating against employees because they support or assist the Union or engage in protected concerted activity; interrogating employees about their Union activities; in any like or related manner, interfering with, restraining or coercing its employees in the exercise of the rights guaranteed in Section 7 of the National Labor Relations Act. 2. Pending the final disposition, Respondent shall take the following affirmative action: Within 5 days, rescind the suspension issued to Yolanda Ramos; within 5 days, offer Yolanda Ramos immediate reinstatement to her previous position; within 10 days hold mandatory employee meetings at which the District Court's Order will be read to employees. See Order for full details and deadlines. Signed by Honorable Robert D. Mariani on 7/2/19. (jam)
July 2, 2019 Filing 26 MEMORANDUM OPINION (Order to follow as separate docket entry) re #1 Petition for Injunction under Section 10(j) of the National Labor Relations Act, as Amended. Signed by Honorable Robert D. Mariani on 7/2/19. (jam)
July 2, 2019 Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on 7/1/19 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (cr)
July 2, 2019 Filing 24 Petitioner's EXHIBITS from 7/1/19 Preliminary Injunction hearing. (jam)
July 1, 2019 Filing 22 Respondent's Brief in Opposition to Petition for Injunctive Relief Under Section 10(j) of the National Labor Relations Act, as Amended (REDACTED). (jam)
July 1, 2019 Filing 21 Respondent's ANSWER to Petition for Injunction Under Section 10(j) of the National Labor Relations Act, as Amended, Proposed Findings of Fact and Conclusions of Law (REDACTED).(jam)
July 1, 2019 Opinion or Order Filing 20 ORDER granting #18 Motion for Leave to File Redacted Forms of Pleadings. The Clerk of Court is directed to file redacted forms of (Doc. 14) and (Doc. 14-1) supplied by Respondent. IT IS FURTHER ORDERED THAT the Clerk of Court shall place (Doc. 14) and (Doc. 14-1) under seal until further order of the Court. Signed by Honorable Robert D. Mariani on 7/1/19 (jam)
July 1, 2019 Opinion or Order Filing 19 ORDER granting #3 Motion of Petitioner to Redact Affidavits and Documentary Evidence. See Order for full details. Signed by Honorable Robert D. Mariani on 7/1/19 (jam)
July 1, 2019 Filing 18 Unopposed MOTION for Leave to File Redacted Forms or Pleadings in Light of Protective Order and Place Unredacted Forms Under Seal Per Same by Mountain View Care and Rehabilitation Center, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Baron, Bruce)
June 28, 2019 Filing 17 NOTICE of Appearance by Brandon S. Williams on behalf of Mountain View Care and Rehabilitation Center, LLC. (Williams, Brandon)
June 28, 2019 Filing 16 NOTICE of Appearance by Bruce G. Baron on behalf of Mountain View Care and Rehabilitation Center, LLC. (Baron, Bruce)
June 28, 2019 Filing 15 PROTECTIVE ORDER. Signed by Honorable Robert D. Mariani on 6/28/19 (jam)
June 27, 2019 Filing 14 MEMORANDUM OF LAW by Mountain View Care and Rehabilitation Center, LLC re #1 Complaint, . (Attachments: #1 Brief in SUpport, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order, #6 Certificate of Service)(Baron, Bruce)
June 26, 2019 Filing 13 CERTIFICATE OF SERVICE by Dennis P. Walsh re #2 MOTION to Exceed Page Limitation, #6 MOTION for Protective Order MOTION to File Document Under Seal, #3 MOTION to Redact Affidavits and Documentary Evidence, #7 Petition for Special Admission - Pro Hac Vice, #5 Proposed Document, #1 Complaint, (Rodriguez, David)
June 25, 2019 Filing 12 First MOTION for Protective Order Redacted Memorandum of Points and Authorities filed pursuant to Motion for Protective Order by Dennis P. Walsh.(Rodriguez, David)
June 25, 2019 Filing 11 First MOTION to Amend/Correct #5 Proposed Document Corrected Proposed Findings of Facts and Conclusions of Law, which inlcudes p. 2 omitted from initial filing by Dennis P. Walsh.(Rodriguez, David)
June 25, 2019 Opinion or Order Filing 10 ORDER granting #2 Motion for Leave to File Excess Pages as follows: Petitioner may file a brief in support of its petition for injunction which shall not exceed 8,200 words. Signed by Honorable Robert D. Mariani on 6/25/19 (jam)
June 25, 2019 Opinion or Order Filing 9 SCHEDULING ORDER: ORDERED that Respondent appear before this Court, Courtrooom #4, United States Courthouse, Scranton, on MONDAY, 7/1/2019 09:30 AM before Honorable Robert D. Mariani, and show cause why they should not be enjoined and restrained as prayed in the Petition. IT IS FURTHER ORDERED that Respondent file an answer to the allegations of the Petition with the Clerk of this Court, and serve a copy thereof upon Petitioner at his office on or before 6/27/19 at 6:00 PM. FURTHER ORDERED that service of a copy of this Order, together with a copy of the Petition and Exhibits upon which it is issued, be forthwith made upon Respondent and upon Retail, Wholesale and Department Store Union, the Charging Party before the Board, in any manner provided in the Federal Rules of Civil Procedure, or by certified mail, and that proof of such service be filed herein. See Order for full details.Signed by Honorable Robert D. Mariani on 6/25/19. (jam)
June 25, 2019 Filing 8 Summons Issued as to Mountain View Care and Rehabilitation Center, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ep)
June 25, 2019 Filing 6 MOTION for Protective Order, MOTION to File Document Under Seal by Dennis P. Walsh. (Attachments: #1 Proposed Protective Order)(ep)
June 24, 2019 Filing 7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Samuel E. Schwartz on behalf of Dennis P. Walsh Attorney Samuel E. Schwartz is seeking special admission. Filing fee $ 50 Filing Fee: 50.00 WAIVED (ep)
June 24, 2019 Filing 5 PROPOSED DOCUMENT re: Findings of Fact and Conclusions of Law (ep)
June 24, 2019 Filing 3 MOTION to Redact Affidavits and Documentary Evidence by Dennis P. Walsh.(ep)
June 24, 2019 Filing 2 MOTION to Exceed Page Limitation by Dennis P. Walsh.(ep)
June 24, 2019 Filing 1 EMERGENCY COMPLAINT for Injuction against Mountain View Care and Rehabilitation Center, LLC, filed by Dennis P. Walsh. (Attachments: #1 Cover Letter, #2 Proposed Injuction Order, #3 Proposed Show Cause Order, #4 Affidavit, #5 Cert of Svc, #6 Civil Cover Sheet)(ep)

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Plaintiff: Dennis P. Walsh
Represented By: Samuel E. Schwartz
Represented By: David G. Rodriguez
Represented By: Samuel E Schwartz
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Defendant: Mountain View Care and Rehabilitation Center, LLC
Represented By: Bruce G. Baron
Represented By: Brandon S. Williams
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