6-11-14 to 9-18-14 docket report for case # 90-cv-5722-rmb-rle

[September 18, 2014]U.S. District Court

Southern District of New York (Foley Square)CIVIL DOCKET FOR CASE # 1:90-cv-05722-RMB-RLE

United States Of, et al v. District Council Of, et alRichard M. Berman, presiding

Ronald L. Ellis, referralDate filed: 09/06/1990

Date of last filing: 09/15/2014

HistoryDoc.No. Dates Description

Filed & Entered:

09/15/2014

Transmission of Notice of Appeal and Docket Sheet to USCA

Docket Text: Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [1573] Notice of Appeal. (tp)

Filed & Entered:

09/15/2014

Appeal Record Sent to USCA - Electronic FileDocket Text: Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for [1573] Notice of Appeal filed by Patrick Nee, Levi Messenetti were transmitted to the U.S. Court of Appeals. (tp)

1571Filed & Entered:

09/12/2014

OrderDocket Text: ADMINISTRATIVE ORDER: The Court understands that Review Officer Dennis M. Walsh intends to leave his position on December 31,2014 (see Ltr. from Dennis M. Walsh to Hon. Richard Berman, dated Aug. 6, 2014, at 3), and proposes to continue to serve under the June 3, 2010 Stipulation and Order until that time. This seems like a reasonable schedule. The Court assumes that the RO will use his best efforts to update and inform Glen McGorty (his likely successor) regarding the relevant responsibilities of the RO and operations of the District Council. Mr. McGorty has, no doubt, become well-versed in the record of these proceedings. The Court also requests that RO Walsh submit to the Court a (blacklined) version of the parties' Proposed Stipulation and Order reflecting all of his recommended changes to the document. This submission is due on or before September 22, 2014. The Government-jointly with the District Council-is requested to provide the Court with (proposed) alternatives to the mechanism outlined in paragraph 5.b.iii. of the Proposed Stipulation and Order, as the Court has some concern over the feasibility of relying upon civil contempt remedies. This submission is due on or before September 22, 2014 (Signed by Judge Richard M. Berman on 9/12/2014) (kgo)


09/12/2014

Order on Motion to Withdraw as AttorneyDocket Text: MEMO ENDORSEMENT granting [1570] Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED (***Attorney Adrian D. Healy terminated.) (Signed by Judge Richard M. Berman on 9/12/2014) (kgo)

1573Filed: 09/12/2

Notice of AppealDocket Text: JOINT NOTICE OF APPEAL from [1569] Memorandum & Opinion.

014

Entered: 09/15/2014

Document filed by Levi Messenetti, Patrick Nee. Filing fee $ 505.00, receipt number 465401104841. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)


09/10/2014

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1566] Letter, filed by Levi Messenetti. ENDORSEMENT: Mr. Nee and Mr. Messenetti should consult with the Clerk's office and follow their procedures re: attachments. SO ORDERED. (Signed by Judge Richard M. Berman on 9/10/2014) (ja)


09/10/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated September 10, 2014 re: Response to Court's Order of September 8, 2014. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)


09/10/2014

Memorandum & OpinionDocket Text: OPINION & ORDER #104714: For the foregoing reasons herein, the Court, on remand, denies the applications of Mssrs. Nee [Dkt. # 1166] and Messinetti [Dkt. # 1193], dated July 23, 2012 and July 24, 2012, respectively, to vacate the RO's vetos of their (prior) service as delegates and officers of Local 157. (Signed by Judge Richard M. Berman on 9/10/2014) (kgo) (Main Document 1569 replaced on 9/10/2014) (kgo). Modified on 9/12/2014 (ca).

1570

Filed & Entered:

09/10/20

14

Terminated:

09/12/20

14

Motion to Withdraw as Attorney

Docket Text: MOTION for Adrian D. Healy to Withdraw as Attorney . Document filed by District Council, N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Murphy, James)


09/08/2014

OrderDocket Text: ADMINISTRATIVE ORDER:The deadline for providing written submissions pursuant to the Court's July 25, 2014 Order, including a submission from the District Council, is extended to Wednesday, September 10, 2014 at noon. (Signed by Judge Richard M. Berman on 9/8/2014) (kgo)


09/08/2014

Scheduling OrderDocket Text: ADMINISTRATIVE ORDER: The hearing currently scheduled for September 10, 2014 is hereby rescheduled to Tuesday, September 30, 2014 at 11:30 a.m. Parties or individuals who wish to be heard at the hearing must provide written submissions, including the content of their presentation(s), to the Court by September 22, 2014. Excluded from this requirement are the Government, the District Council, the Review Officer, and Mssrs. Nee and Messinetti, who have previously submitted materials to the Court. (Status Conference set for 9/30/2014 at 11:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 9/8/2014) (kgo)

Notice of Appearance


09/08/2014

Docket Text: NOTICE OF APPEARANCE by Gillian Costello on behalf of United Brotherhood of Carpenters And Joiners of America. (Costello, Gillian)


09/08/2014

Notice of AppearanceDocket Text: NOTICE OF APPEARANCE by Gillian Costello on behalf of N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Costello, Gillian)

1566

Filed: 09/08/2014

Entered: 09/09/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and Levy Messinetti, dated 9/8/14 re: Appellants, Patrick Nee and Levy Messinetti, inform the Court that, in their letter submitted to the Court on 9/2/14,they were not seeking to have the Court serve the parties, but to have the attachments to their Brief put on the record/docket; and they request that the Court inform them as to what they need to do in order to have their attachments appear on the record. Document filed by Levi Messenetti.(sc)


09/03/2014

OrderDocket Text: ADMINISTRATIVE ORDER: The following is the text of the Court's handwritten September 2, 2014 memo endorsement, with respect to the submission (and attachments) of Mssrs. Nee and Messenetti, dated August 25, 2014: "Parties are responsible to serve and file all court submissions on opposing counsel/parties. That is not the Court's responsibility (Mr. Nee's attachments contain hundreds of pages)." (Signed by Judge Richard M. Berman on 9/3/2014) (kgo)


09/02/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and Levy Messinetti, dated 9/2/14 re: Mr. Nee and Mr. Messinetti request that the Court inform them as to why the attachments which they submitted with their brief do not appear on the docket. Document filed by Patrick Nee.(sc)


09/02/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and Levy Messinetti, dated 9/2/14 re: Mr. Nee and Mr. Messinetti submit this letter in response to the letters submitted by the Review Officer and the Government; and they request that the Court vacate the decision of the Review Officer;and that they should be made whole for the monies which they would have received if not for the unlawful intrusion of the Review Officer. Document filed by Levi Messenetti and Patrick Nee.(sc)


09/02/2014

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1557] Letter, filed by Patrick Nee. ENDORSEMENT: Parties are responsible to serve and file all court submissions on opposing counsel/parties. That is not the Court's responsibility (Mr. Nee's attachments contain hundreds of pages). (Signed by Judge Richard M. Berman on 9/2/2014) (kgo) Modified on 9/3/2014 (kgo).


09/02/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and

Levy Messinetti re: We respectfully submit this letter in response to the letters submitted by the Review Officer and the Government. Clerk to docket. Document filed by Levi Messenetti, Patrick Nee.(kgo)


08/27/2014

Memo EndorsementDocket Text: MEMO ENDORSEMENT ON BRIEF OF PATRICK NEE AND LEVY MESSENETTI IN RESPONSE TO COURTS REQUEST FOR SUBMISSIONS: ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by Judge Richard M. Berman on 8/27/2014) (ja)


08/27/2014

OrderDocket Text: ADMINISTRATIVE ORDER: Mssrs. Nee and Messenetti are requested to serve their submission to the Court, dated August 25, 2014, on the Review Officer and the Government. (Signed by Judge Richard M. Berman on 8/27/2014) (ja)


08/25/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde, Esq. dated August 25, 2014 re: Response to the Court's Order dated July 25, 2014. Document filed by Dennis Walsh. (Attachments: # (1) Declaration of Dennis M. Walsh, # (2) Certificate of Service)(Rohde, Bridget)


08/25/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Benjamin H. Torrance dated August 25, 2014 re: Response to the Court's Order dated July 25, 2014. Document filed by United States of America. (Attachments: # (1) Affidavit Decl. of Benjamin H. Torrance)(Torrance, Benjamin)


08/19/2014

Status ReportDocket Text: STATUS REPORT. The Fourteenth Thirty-Day Report Regarding Electronic Job Reporting and Related Compliance Procedures Specified in the Collective Bargaining Agreements Between the New York City District Council of Carpenters and the Association of Wall-Ceiling and Carpentry Industries of New York, Inc., the Building Contractors Association, Inc., the General Contractors Association, Inc., the Floor Coverers Association of Greater New York, Inc., the Contractors Association of Greater New York, the Cement League, Inc., the Association of Concrete Contractors of New York, Inc., and the New York Trade Show Contractors Association Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M)(Lee, Theresa)

Filed & Entered:

08/11/2014

Notice of Redesignation to Magistrate JudgeDocket Text: NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ronald L. Ellis. Please note that this is a reassignment of the designation only. (pgu)

Filed & Entered:

08/11/2014

Notice of Reassignment of Referral to Magistrate JudgeDocket Text: NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been

reassigned to Magistrate Judge Ronald L. Ellis, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu)


08/11/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated August 11, 2014 re: Comment on the Changes in Oversight in the Proposed Stipulation and Order dated May 27, 2014. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)


08/06/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Dennis M. Walsh dated August 6, 2014 re: comment on proposed Stipulation and Order pursuant to Court's Order of June 6, 2014. Document filed by Dennis Walsh.(Rohde, Bridget)


07/25/2014

OrderDocket Text: ORDER: In light of the July 23, 2014 Summary Order of the United States Court of Appeals for the Second Circuit vacating this Court's October 23, 2012 Order (while expressing "no opinion regarding the propriety of the RO's action"), the Court hereby requests (simultaneous) briefing from the parties (including Mssrs. Nee and Messinetti, the Review Officer, and the Government) on the following issues: (1) Whether, as a matter of jurisdiction, the issues raised by the applications of Mssrs. Nee and Messinetti, dated July 23, 2012 and July 24, 2012, respectively, remain ripe for consideration, given the events and passage of time between the Court's October 23, 2012 Order and the Court of Appeals' July 23, 2014 Summary Order; and (2) Whether the Review Officer's June 26, 2012 "Notice of Veto" was within the Review Officer's authority under the June 2010 Stipulation and Order, and citing to appropriate background, context, and authority which may help to resolve any "ambiguity" perceived by the Second Circuit. The parties' respective submissions should be no longer than twenty pages, double-spaced and should be served and filed on or before August 25, 2014. (Signed by Judge Richard M. Berman on 7/25/2014) (ja)


07/23/2014

USCA OrderDocket Text: TRUE COPY ORDER of USCA as to [1208] Notice of Appeal, filed by Patrick Nee, Levi Messenetti USCA Case Number 12-4883. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the matter is REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/23/2014. (nd)


07/18/2014

Status ReportDocket Text: STATUS REPORT. The Thirteenth Thirty-Day Report Regarding Electronic Job Reporting and Related Compliance Procedures Specified in the Collective Bargaining Agreements Between the New York City District Council of Carpenters and The Association of Wall-Ceiling and Carpentry Industries of New York, Inc., The Building Contractors Association, Inc., The General Contractors Association, Inc., The Floor Coverers Association of Greater New York, Inc., The Contractors Association of Greater New York, The Cement League, Inc., The

Association of Concrete Contractors of New York, Inc., and The New York Trade Show Contractors Association Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13) Exhibit)(Lee, Theresa)


07/15/2014

Memorandum & OpinionDocket Text: OPINION & ORDER #104514: Having reviewed the record herein, including (i) the Consent Decree... the Court respectfully responds to Ms. Grier's application, as follows: The Court is not empowered to consider Ms. Grier's application because, "[i]n the case at bar, the Court is concerned only with the proper implementation of the Consent Decree,"... The RO's actions with respect to Ms. Grier do not violate the Stipulation and Order, which provides the RO with authority to "ensure compliance with the injunctions set forth in the Consent Decree." (Stipulation and Order para. 5.a.) The RO, in fact, reviewed Ms. Grier's allegations and concluded that her termination "was not unjustified and was well documented by the Javits Center" and that "the District Council's decision not to pursue the grievance was prudent and did not constitute a violation of the National Labor Relations Act." (RO Letter at 1.) The Court, therefore, respectfully denies Ms. Grier's application. (Signed by Judge Richard M. Berman on 7/15/2014) (ja) Modified on 7/17/2014 (ca).


07/15/2014

Memorandum & OpinionDocket Text: OPINION & ORDER 104515: Having reviewed the record herein, including (i) the Consent Decree... the Court respectfully responds to Ms. Rusek-Zoilkowski's application, as follows: The Court is not empowered to consider Ms. Rusek- Ziolkowski's application which contests the Board of Trustees' denial of her late husband's application for deferred pension benefits, because, "[i]n the case at bar, the Court is concerned only with the proper implementation of the Consent Decree,"... In her application, Ms. Rusek-Ziolkowski does not describe racketeering activity, but only that the Board of Trustees determined that her late husband was ineligible for certain pension benefits... ("[The] Court in this litigation does not have plenary jurisdiction to consider all issues that might arise under the Federal labor laws with respect to the conduct of the UBC vis-a-vis the District Council and its constituent locals."). The Court, therefore, respectfully denies Ms. Rusek-Ziolkowski's application. (Signed by Judge Richard M. Berman on 7/15/2014) (ja) Modified on 7/17/2014 (nt).


07/11/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated July 11, 2014 re: Programming Error. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Lee, Theresa)


07/07/2014

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1542] Letter filed by Dennis Walsh. ENDORSEMENT: RO's application Granted. SO ORDERED. (Signed by Judge Richard M. Berman on 7/07/2014) (ama)

Endorsed Letter


06/30/2014

Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde, dated 6/18/2014, re: response to the Court's endorsement of June 13, 2014 with respect to a letter submitted by District Council member Helena Grier. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 6/30/2014) (ja)


06/30/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman, from Bridget M. Rohde, dated 6/26/2014, re: We write in response to the Court's endorsement of June 17, 2014 with respect to a letter submitted by Joshua Douglass, Esq., on behalf of Elizabeth Rusek-Ziolkowski. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 6/30/2014) (ja)


06/30/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde, Esq. dated June 30, 2014 re: Review Officer's Changes to the 2011 Final Election Rules. Document filed by Dennis Walsh. (Attachments: # (1) Final Rules for the 2014 Election of the Officers of the District Council of Carpenters of New York City and Vicinity)(Rohde, Bridget)

Notice Regarding Deleted DocumentDocket Text: ***DELETED DOCUMENT. Deleted document number [1540] LETTER. The document was filed as a duplicate entry of document #1539 in this case. (djc)


06/19/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Pure Spectator dated 3/19/2014 re: Furthermore your honor, in doing so, I believe the review officer to be guilty of N.Y. PEN. LAW § 460.20: NY Code - Section 460.20: Enterprise corruption - and ask that your honor further investigate the conduct of the review officer and take appropriate action in this matter. ***Docket and file instructions from chambers. (tn) Modified on 6/19/2014 (tn).


06/17/2014

Status ReportDocket Text: STATUS REPORT. THE TWELFTH THIRTY-DAY REPORT REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE PROCEDURES SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND THE ASSOCIATION OF WALL-CEILING AND CARPENTRY INDUSTRIES OF NEW YORK, INC., THE BUILDING CONTRACTORS ASSOCIATION, INC., THE GENERAL CONTRACTORS ASSOCIATION, INC., THE FLOOR COVERERS ASSOCIATION OF GREATER NEW YORK, INC., THE CONTRACTORS ASSOCIATION OF GREATER NEW YORK, THE CEMENT LEAGUE, INC., THE ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC., AND THE NEW YORK TRADE SHOW CONTRACTORS ASSOCIATION Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Jones, Barbara)


06/17/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Joshua Douglass re: Counsel requests that the Court schedule a hearing upon which the relevant parties can determine whether the Trustees considered the "totality of the circumstances" in denying my client benefits. ENDORSEMENT: Review officer to respond by 6/27/14. (Signed by Judge Richard M. Berman on 6/17/2014) (tn)


06/13/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Ms. H. Grier, dated 6/5/2014 re: request assistance with a situation I'm having with the NYDDCC not representing me properly, and Mr. Dennis Walsh (R.O.) not seeing what the district counsel did as improper practices and or corruption. ENDORSEMENT: RO is requested to respond by 6/19/2014. (Signed by Judge Richard M. Berman on 6/13/2014) (ja)

6-11-14 to 9-18-14 docket report for case # 90-cv-5722-rmb-rle

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