[September 18, 2014]

U.S. District Court

Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:14-cv-06091-RMB
New York City et al v. Association of Wall-Ceiling and
Carpentery Industries of New York, Inc.
Assigned to: Judge Richard M. Berman
Related Case: 1:90-cv-05722-RMB-
RLE
Cause: 29:185 Labor Management Relations Act of 1947
Date Filed: 08/05/2014
Jury Demand: None
Nature of Suit: 720 Labor: Labor/Mgt.
Relations
Jurisdiction: Federal Question
Plaintiff
New York City represented by James M Murphy
Spivak Lipton Watanabe Spivak & Moss
LLP
1700 Broadway, Suite 2100
New York, NY 10019
(212)-765-2100
Fax: (212)-541-5429
Email: jmurphy@spivaklipton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Vicinty District Council of the United
Brotherhood of Carpenters and
Joiners of America
represented by Gillian Costello
Spivak, Lipton, Watanabe, Spivak, Moss
& Orfan LLP
1700 Broadway, Suite 2100
New York, NY 10019
(212)-765-2100
Fax: (212)-541-5429
Email: gcostello@spivaklipton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James M Murphy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Association of Wall-Ceiling and
Carpentery Industries of New York,
represented by Mark Alan Rosen
McElroy, Deutsch, Mulvaney &
Inc. Carpenter, LLP(NJ)
Three Gateway Center - 100 Mulberry
Street
17th Floor
Newark, NJ 07102
(973)-425-8753
Fax: (973)-425-0161
Email: mrosen@mdmc-law.com
ATTORNEY TO BE NOTICED
Counter Claimant
Association of Wall-Ceiling and
Carpentery Industries of New York,
Inc.
represented by Mark Alan Rosen
(See above for address)
ATTORNEY TO BE NOTICED
V.
Counter Defendant
Association of Wall-Ceiling and
Carpentery Industries of New York,
Inc.
represented by Mark Alan Rosen
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
Association of Wall-Ceiling and
Carpentery Industries of New York,
Inc.
represented by Mark Alan Rosen
(See above for address)
ATTORNEY TO BE NOTICED
V.
Counter Defendant
New York City represented by James M Murphy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
09/12/2014 17 ANSWER to 9 Counterclaim. Document filed by New York City.(Murphy,
James) (Entered: 09/12/2014)
09/11/2014 16 RULE 56.1 STATEMENT. Document filed by Association of Wall-Ceiling and
Carpentery Industries of New York, Inc.. (Rosen, Mark) (Entered: 09/11/2014)
09/11/2014 15 DECLARATION of Mark A. Rosen in Support re: 13 MOTION for Summary
Judgment .. Document filed by Association of Wall-Ceiling and Carpentery
Industries of New York, Inc.. (Rosen, Mark) (Entered: 09/11/2014)
09/11/2014 14 MEMORANDUM OF LAW in Support re: 13 MOTION for Summary
Judgment . . Document filed by Association of Wall-Ceiling and Carpentery
Industries of New York, Inc.. (Rosen, Mark) (Entered: 09/11/2014)
09/11/2014 13 MOTION for Summary Judgment . Document filed by Association of Wall-
Ceiling and Carpentery Industries of New York, Inc.. Responses due by
9/22/2014(Rosen, Mark) (Entered: 09/11/2014)
09/10/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT
DOCKET ENTRY ERROR. Note to Attorney Mark Alan Rosen to RE-
FILE Document 12 MOTION for Summary Judgment . ERROR(S):
Supporting Documents are filed separately, each receiving their own
document #. (db) (Entered: 09/10/2014)
09/08/2014 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for
Summary Judgment . Document filed by Association of Wall-Ceiling and
Carpentery Industries of New York, Inc.. Responses due by 9/22/2014
(Attachments: # 1 Affidavit Declaration of Mark A. Rosen, # 2 Memorandum of
Law in Support of Motion for Summary Judgment, # 3 Local Rule 56.1
Statement)(Rosen, Mark) Modified on 9/10/2014 (db). (Entered: 09/08/2014)
09/08/2014 11 NOTICE OF APPEARANCE by Gillian Costello on behalf of Vicinty District
Council of the United Brotherhood of Carpenters and Joiners of America.
(Costello, Gillian) (Entered: 09/08/2014)
09/05/2014 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served.
Association of Wall-Ceiling and Carpentery Industries of New York, Inc. served
on 8/18/2014, answer due 9/8/2014. Service was accepted by Linda Elsasser.
Document filed by New York City; Vicinty District Council of the United
Brotherhood of Carpenters and Joiners of America. (Murphy, James) (Entered:
09/05/2014)
08/26/2014 9 ANSWER to 1 Complaint,., COUNTERCLAIM against New York City.
Document filed by Association of Wall-Ceiling and Carpentery Industries of
New York, Inc..(Rosen, Mark) (Entered: 08/26/2014)
08/26/2014 8 FILING ERROR - DEFICIENT DOCKET ENTRY - ANSWER to 1
Complaint,., COUNTERCLAIM against Association of Wall-Ceiling and
Carpentery Industries of New York, Inc.. Document filed by Association of
Wall-Ceiling and Carpentery Industries of New York, Inc..(Rosen, Mark)
Modified on 8/26/2014 (ldi). (Entered: 08/26/2014)
08/26/2014 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Association of Wall-Ceiling and Carpentery Industries of
New York, Inc..(Rosen, Mark) (Entered: 08/26/2014)
08/25/2014 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served.
Vicinty District Council of the United Brotherhood of Carpenters and Joiners of
America served on 8/18/2014, answer due 9/8/2014. Service was accepted by
Linda Elsasser. Document filed by Vicinty District Council of the United
Brotherhood of Carpenters and Joiners of America. (Murphy, James) (Entered:
08/25/2014)
08/21/2014 5 ORDER: Having reviewed the Complaint in this matter, dated August 5, 2014,
and Defendant's letter application, dated August 19, 2014, it appears to the
Court that this matter may best be resolved expeditiously through motion
practice as follows: On or before September 8, 2014, Defendant shall serve and
file a motion to confirm the July 22, 2014 arbitration award ("Arbitration
Award"). Defendant's motion should include all of Defendant's arguments, with
citations, including those in support of its application for injunctive relief; On
or before September 22, 2014, Plaintiff shall submit an opposition, including
any arguments to vacate the Arbitration Award and to deny injunctive relief; On
or before September 29, 2014, Defendant may submit a reply; On or before
October 6, 2014, Plaintiff may submit a reply; The Court's page limits and
spacing requirements apply to all submissions. Defendant's application for
interim injunctive relief is denied without prejudice. See McGraw-Hill
Companies. Inc. v. Ingenium Technologies Corp., No. 05 Civ. 2127(JSR), 2005
WL 1026024, at *2 (S.D.N.Y. Apr. 15, 2005). At the same time, there is no stay
of the Arbitration Award. (Motions due by 9/8/2014, Responses due by
9/22/2014, Replies due by 10/6/2014.) (Signed by Judge Richard M. Berman on
8/21/2014) (ja) (Entered: 08/21/2014)
08/11/2014 4 NOTICE OF APPEARANCE by Mark Alan Rosen on behalf of Association of
Wall-Ceiling and Carpentery Industries of New York, Inc.. (Rosen, Mark)
(Entered: 08/11/2014)
08/11/2014 Magistrate Judge Ronald L. Ellis is so designated. (pgu) (Entered: 08/11/2014)
08/11/2014 NOTICE OF CASE ASSIGNMENT to Judge Richard M. Berman. Judge
Unassigned is no longer assigned to the case. (pgu) (Entered: 08/11/2014)
08/11/2014 CASE ACCEPTED AS RELATED. Create association to 1:90-cv-05722-RMB-
RLE. Notice of Assignment to follow. (pgu) (Entered: 08/11/2014)
08/05/2014 ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER
SHEET. Notice to Attorney James M. Murphy, to submit PDF of the Civil
Cover Sheet. Email a copy of Civil Cover Sheet to:
caseopenings@nysd.uscourts.gov. (moh) (Entered: 08/07/2014)
08/05/2014 3 CIVIL COVER SHEET filed. (moh) (Entered: 08/07/2014)
08/05/2014 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to
90cv5722. Document filed by New York City, Vicinty District Council of the
United Brotherhood of Carpenters and Joiners of America.(moh) (Entered:
08/07/2014)
08/05/2014 Case Designated ECF. (moh) (Entered: 08/07/2014)
08/05/2014 CASE REFERRED TO Judge Richard M. Berman as possibly related to
90cv5722. (moh) (Entered: 08/07/2014)
08/05/2014 SUMMONS ISSUED as to Association of Wall-Ceiling and Carpentery
Industries of New York, Inc.. (moh) (Entered: 08/07/2014)
08/05/2014 1 COMPLAINT against Association of Wall-Ceiling and Carpentery Industries of
New York, Inc.. (Filing Fee $ 350.00, Receipt Number
465401101755)Document filed by New York City, Vicinty District Council of
the United Brotherhood of Carpenters and Joiners of America. (Attachments: #
1 Exhibit A-B, # 2 Exhibit C-D)(moh) (Entered: 08/07/2014)