10-16-13 to 6-11-14 Docket Report for Case 90-5722-RMB-THK

[June 11, 2014]

U.S. District CourtSouthern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:90-cv-05722-RMB-THK

United States Of, et al v. District Council Of, et alAssigned to: Judge Richard M. BermanReferred to: Magistrate Judge Theodore H. KatzDemand: $0Related Cases:1:08-cv-06959-CSH-THK1:08-cv-03329-RMB1:10-cv-08120-LAP1:13-cv-04473-RMBSimilar Case:1:12-cv-00130-RMBCase in other court: USCA 2nd Circuit, 09-02972-cv(L)USCA 2nd Circuit, 09-02982-cv(CON)USCA 2nd Circuit, 09-02984-cv(CON)USCA 2nd Circuit, 09-03016-cv(CON)Cause: 18:1962 Racketeering (RICO) ActDate Filed: 09/06/1990Jury Demand: None Nature of Suit: 470 Racketeer/CorruptOrganizationJurisdiction: Federal Question

HistoryDoc.No. Dates Description

Filed & Entered:

06/06/2014

Set/Reset Hearings

Docket Text: Set/Reset Hearings: Status Conference set for 9/10/2014 at 11:30 AM before Judge Richard M. Berman. (ja)

1535Filed & Entered:

06/06/2014

Order on Motion for ConferenceDocket Text: ORDER terminating [1533] Letter Motion for Conference re: [1533] JOINT LETTER MOTION for Conference Concerning the Stipulation and Order Regarding Appointment of an Independent Monitor addressed to Judge Richard M. Berman from Tara M. La Morte dated June 4, 2014. The September hearing will be held on September 10, 2014 at 11:30 a.m. Written comments regarding the proposed Stipulation and Order and Independent Monitor should be served and filed any time on or before August 11, 2014. The Court would appreciate and expect written comments from, among others, Mr. Walsh. (Signed by Judge Richard M. Berman on 6/6/2014) (ja)

1533

Filed & Entered:

06/04/20

14

Terminated:

06/06/20

14

Motion for Conference

Docket Text: JOINT LETTER MOTION for Conference Concerning the Stipulation and Order Regarding Appointment of an Independent Monitor addressed to Judge Richard M. Berman from Tara M. La Morte dated June 4, 2014. Document filed by United States of America.(La Morte, Tara)


06/04/2014

Notice (Other)Docket Text: NOTICE of The Eighth Interim Report of the Review Officer. Document filed by Dennis Walsh. (Attachments: # (1) The Eighth Interim Report of the Review Officer, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Certificate of Service)(Rohde, Bridget)


06/03/2014

Notice (Other)Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of of Filing of the Eighth Interim Report of the Review Officer. Document filed by Dennis Walsh. (Attachments: # (1) The Eight Interim Report of the Review Officer, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Certificate of Service)(Rohde, Bridget) Modified on 6/3/2014 (ka).


06/03/2014

Notice (Other)Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Filing of the Eighth Interim Report of the Review Officer. Document filed by Dennis Walsh. (Attachments: # (1) Eighth Interim Report of the Review Officer, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Certificate of Service)(Rohde, Bridget) Modified on 6/4/2014 (ldi).


05/29/2014

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1529] Letter, filed by Levi Messenetti, Patrick Nee. ENDORSEMENT: The Court anticipates conducting a hearing (public) so that interested parties can be heard -- well before any modifications to the Stipulation & Order. The hearing is likely to be held after Labor Day but has not yet been scheduled. (Signed by Judge Richard M. Berman on 5/29/2014) (tn) Modified on 5/30/2014 (lb).

Filed & Entered:

05/28/2014

Note to Attorney to Re-File Document - Event Type ErrorDocket Text: ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Tara Marie La Morte to RE-FILE Document [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor . Use the event type Memorandum in Support (non-motion) found under the event list Other Answers. (db)

Note to Attorney to Re-File Document - Event Type Error

Filed & Entered:

05/28/2014

Docket Text: ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Tara Marie La Morte to RE-FILE Document [1515] Declaration in Support of Motion,, [1520] Declaration in Support of Motion, [1514] Declaration in Support of Motion, [1517] Declaration in Support of Motion, [1519] Declaration in Support of Motion, [1518] Declaration in Support of Motion,. Use the event type Declaration in Support (non-motion) found under the event list Other Answers, then link to memorandum when it is refiled. (db)


05/28/2014

OrderDocket Text: INTERIM ORDER re: [991] Stipulation and Order. We'll get to it as soon as feasible. SO ORDERED. (Signed by Judge Richard M. Berman on 5/28/2014) (ja)


05/28/2014

Memorandum of Law in SupportDocket Text: JOINT MEMORANDUM OF LAW in Support of Entry of a Stipulation and Order Regarding Appointment of an Independent Monitor. Document filed by United States of America. (Attachments: # (1) Exhibit Proposed Stipulation and Order Regarding Appointment of an Independent Monitor, # (2) Exhibit Proposed Interim Order)(La Morte, Tara)


05/28/2014

Declaration in SupportDocket Text: DECLARATION of Tara M. La Morte in Support re: [1522] Memorandum of Law in Support,. Document filed by United States of America. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(La Morte, Tara)


05/28/2014

Declaration in SupportDocket Text: DECLARATION of Raymond McGuire in Support re: [1522] Memorandum of Law in Support,. Document filed by United States of America. (Attachments: # (1) Exhibit A - Second McGuire Declaration, # (2) Exhibit B - Ryk Tierney Declaration, # (3) Exhibit C - Charles Virginia Declaration, # (4) Exhibit D - Julie Block Declaration)(La Morte, Tara)


05/28/2014

Declaration in Support

Docket Text: DECLARATION of Joseph Geiger in Support re: [1522] Memorandum of Law in Support,. Document filed by United States of America. (La Morte, Tara)


05/28/2014


Docket Text: DECLARATION of Scott C. Danielson in Support. Document filed by United States of America. (La Morte, Tara)


05/28/2014


Docket Text: DECLARATION of Matthew Walker in Support. Document filed by United States of America. (Attachments: # (1) Exhibit A)(La Morte, Tara)


05/28/2014

Declaration in SupportDocket Text: DECLARATION of F. Josiah Leicht in Support. Document filed by United States of America. (Attachments: # (1) Leicht Declaration (part 2))(La Morte, Tara)


05/27/2014

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


05/27/2014

BriefDocket Text: JOINT BRIEF in Support of Entry of Stipulation and Order Regarding Appointment of an Independent Monitor. Document filed by United States of America. (Attachments: # (1) Text of Proposed Order proposed Stipulation and Order, # (2) Text of Proposed Order proposed Interim Order)(La Morte, Tara)

1513

Filed & Entered:

05/27/20

14

Terminated:

05/27/20

14

Motion for Miscellaneous Relief

Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor . Document filed by United States of America. (Attachments: # (1) Text of Proposed Order proposed Stipulation and Order, # (2) Text of Proposed Order proposed Interim Order)(La Morte, Tara) Modified on 5/28/2014 (db).


05/27/2014

Declaration in Support of MotionDocket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Tara M. La Morte in Support re: [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor .. Document filed by United States of America. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C)(La Morte, Tara) Modified on 5/28/2014 (db).


05/27/2014

Declaration in Support of MotionDocket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Raymond McGuire in Support re: [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor .. Document filed by United States of America. (Attachments: # (1) Exhibit Exhibit A - Second McGuire Declaration, # (2) Exhibit Exhibit B - Tierney Declaration, # (3) Exhibit Exhibit C - Virginia Declaration, # (4) Exhibit Exhibit D - Block Declaration)(La Morte, Tara) Modified on 5/28/2014 (db).


05/27/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La Morte dated May 27, 2014 re: Entry of the Proposed Stipulation and Order Regarding the Appointment of an Independent Monitor. Document filed by United States of America.(La Morte, Tara)


05/27/2014

Declaration in Support of MotionDocket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Joseph Geiger in Support re: [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor .. Document filed by United States of America. (La Morte, Tara) Modified on 5/28/2014 (db).

Declaration in Support of Motion


05/27/2014

Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Scott C. Danielson in Support re: [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor .. Document filed by United States of America. (La Morte, Tara) Modified on 5/28/2014 (db).


05/27/2014

Declaration in Support of MotionDocket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of F. Josiah Leicht in Support re: [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor .. Document filed by United States of America. (Attachments: # (1) Part 2 of Leicht Declaration)(La Morte, Tara) Modified on 5/28/2014 (db).


05/27/2014

Declaration in Support of MotionDocket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Matthew Walker in Support re: [1513] JOINT MOTION Entry of Stipulation and Order Regarding Appointment of an Independent Monitor .. Document filed by United States of America. (Attachments: # (1) Exhibit Exhibit A)(La Morte, Tara) Modified on 5/28/2014 (db).

1529 LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Levi Messinetti and Patrick Nee, dated 5/27/14 re: Plaintiffs/Appellants advise the Court that section 5.j.iv(4) of the proposed Stipulation & Order Regarding Appointing of an Independent Monitor cannot be included in any stipulation and order which is entered into at this time; and that they reserve their right to litigate this matter if it ever should come before this Court. Document filed by Levi Messenetti, Patrick Nee. (Attachments: # (1) Exhibit)(sc) Modified on 5/29/2014 (sc).


05/19/2014

Status ReportDocket Text: STATUS REPORT. THE ELEVENTH 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)(Jones, Barbara)


05/19/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La Morte dated May 19, 2014 re: extension of monitorship. Document filed by United

States of America.(Torrance, Benjamin) 1508

Filed & Entered:

04/16/2014

Status ReportDocket Text: STATUS REPORT. THE TENTH 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., AND THE ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC. 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)(Jones, Barbara)


04/07/2014

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 11/18/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Melissa Mormile, (212) 805-0300. 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 5/1/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/10/2014.Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)


04/07/2014

Notice of Filing TranscriptDocket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)


04/07/2014

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CORRECTED CONFERENCE held on 11/18/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Melissa Mormile, (212) 805-0300. 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 5/1/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/10/2014.Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)


04/07/2014

Notice of Filing TranscriptDocket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby

given that an official transcript of a CONFERENCE proceeding held on 11/18/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)


03/20/2014

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 3/10/2014 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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 4/14/2014. Redacted Transcript Deadline set for 4/24/2014. Release of Transcript Restriction set for 6/23/2014.(Rodriguez, Somari)


03/20/2014

Notice of Filing TranscriptDocket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/10/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)


03/18/2014

Status ReportDocket Text: STATUS REPORT. THE NINTH 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., AND THE ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC. 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)(Jones, Barbara)


03/18/2014

OrderDocket Text: AMENDED ORDER: Notwithstanding the provisions of paragraphs 5(b)(i)(1), (2), (3) and (4), and paragraph 5(c)(i), of the June 3, 2010 Stipulation and Order, the Court hereby authorizes the District Council to take the actions specified in the aforementioned paragraphs without (if it elects) giving prior notice to the Review Officer. This Order applies until further notice by the Court and is issued on consent of the District Council, the Government, and the Review Officer. (Signed by Judge Richard M. Berman on 3/17/2014) (ja)


03/14/2014

OrderDocket Text: ORDER: Notwithstanding the provisions of paragraphs 5(b)(i)(2), (3) and (4), and paragraph 5(c)(i), of the June 3, 2010 Stipulation and Order, the Court hereby authorizes the District Council to take the actions specified in the aforementioned paragraphs without (if it elects) giving prior notice to the Review Officer. This Order applies until further notice by the Court and is issued on consent of the District Council, the Government, and the Review Officer. (Signed by Judge Richard M. Berman on 3/14/2014) (tn)


03/14/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 3/13/2014 re: Counsel enclosed an order being jointly proposed by the Review Officer and the District Council regarding the prior notice provisions in the June 3, 2010 Stipulation and Order. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 3/14/2014) (tn)


03/12/2014

OrderDocket Text: ORDER:... the Court hereby grants the District Council's application and approves the CBA between the District Council and NYTSCA, including its provisions regarding full mobility, electronic reporting of jobs and hours, and anti-corruption compliance features, subject to the Court's directive that the parties to the NYTSCA CBA forthwith make good-faith efforts to comply with the Agreements' requirements regarding electronic reporting of jobs and hours, and anti-corruption compliance features. The Court's May 26, 2009 Order is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the NYTSCA CBA ratified by the District Council's Delegate Body on February 12, 2014. The District Council shall file with the Court approximately every thirty (30) days after entry of this Order and approximately every thirty days thereafter until further order of the Court a report describing (i) the progress and effect of the electronic jobs reporting procedures and the compliance and enforcement procedures under the CBA... and as further set forth herein. The reports may be consolidated. (Signed by Judge Richard M. Berman on 3/12/2014) (ja)


03/11/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from James M, Murphy dated 3/11/14 re: New York Trade Show Assoc. CBA and follow-up to discussion during March 10, 2014 court conference. 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)(Murphy, James)

Filed: 03/10/2014

Entered:

03/11/2014

Status Conference

Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Review Officer Hearing was held on 3/10/2014. Joint proposed order is to be submitted to the Court. See transcript for a complete record. (Court Reporter Karen Gorlaski) (sc)


03/10/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from

William R. Walsh, dated 3/10/2014, re: I am here today to let you know that I am disappointed on the ruling of this court in my Delegate eligibility situation. ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by Judge Richard M. Berman on 3/10/2014) (ja)


03/07/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Kevin V. Corrigan, dated 3/6/2014, re: the March 3, 2014 letter received by this court requesting the extension of term for Review Officer, Dennis Walsh, to the NYCDCC and Vicinity. (ja)


03/07/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman, from Patrick Nee, dated 3/6/2014, re: the Review Officer's March 3, 2014 letter to the court. On page 3, para. 1 of his submission the Review Officer states that in the absence of an agreement from the District Council to extend his term prior to the March 10th Court Conference he will move the Court to extend his tenure at that Conference. ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by Judge Richard M. Berman on 3/7/2014) (ja)


03/06/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated March 6, 2014 re: Modification of Stipulation and Order. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)


03/05/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La Morte dated March 5, 2014 re: RO's proposed modifications to his authority and term. Document filed by United States of America.(Torrance, Benjamin)


03/04/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 3/3/2014 re: As part of an initiative to afford the District Council (including its eight affiliated local unions) the opportunity to demonstrate that it can sustain the reform measures that have been implemented and that it can conduct its affairs without prior approvals and the threat of veto, the Review Officer ("RO") seeks the Court's consent (1) to waive enforcement of all prior notice requirements placed upon the District Council and local unions by the Stipulation and Order, as set forth in paragraphs 5.b and 5.c, and (2) to eliminate the veto authority given to the RO by paragraph 5.b.iii of the Stipulation and Order, in favor of the ability of the RO to initiate civil contempt or other enforcement proceedings in this Court. ENDORSEMENT: Court requests written comments by 3/6/2014 @ 3:00 p.m. and particularly would like to hear from District Counsel and Gov't. (and, of course, any other parties who may be interested). Court's initial reaction is that. So ordered. (Signed by Judge Richard M. Berman on 3/4/2014) (rjm)


03/03/2014

Memorandum & OpinionDocket Text: OPINION AND ORDER 104015: The Court respectfully denies Mr. Walsh's application for reconsideration, as follows: The Court has not found, and in his letter to the Court Mr. Walsh does not identify, "controlling decisions or data that

the [C]ourt overlooked" in its January 8, 2014 Decision and Order, as would warrant granting a motion for reconsideration... The Court, therefore, concludes that Mr. Walsh's application for reconsideration should be denied. See Aczel v. Labonia, 584 F.3d 52, 61 (2d Cir. 2009)(motion for reconsideration "should be granted only in extraordinary circumstances" (internal quotation marks omitted)). (Signed by Judge Richard M. Berman on 3/3/2014) (ja) Modified on 3/5/2014 (nt).


02/18/2014

Status ReportDocket Text: STATUS REPORT. THE EIGHTH 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, AND THE CEMENT LEAGUE, INC. 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)(Jones, Barbara)


02/18/2014

OrderDocket Text: ORDER: The Court has received the District Council's February 14, 2014 letter regarding the new collective bargaining agreement between the District Council and the New York Trade Show Contractors Association, ratified on February 12, 2014 ("CBA"). Any written comments regarding the CBA are to be served and filed by February 25, 2014. This matter will be addressed at the previously-scheduled conference on March 10, 2014 at 12:00 p.m. (Signed by Judge Richard M. Berman on 2/18/2014) (mro)

1486

Filed & Entered:

02/14/20

14

Terminated:

03/03/20

14

Motion for Conference

Docket Text: LETTER MOTION for Conference addressed to Judge Richard M. Berman from James M. Murphy dated 2/14/14. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Attachment)(Murphy, James)


02/11/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 2/11/14 re: Counsel submits that the Court's Decision and Order of January 8, 2014 should stand. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 2/11/2014) (mro)


02/05/2014

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 1/28/2014 before Judge Richard M. Berman. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript Restriction set for 5/9/2014.(Rodriguez, Somari)


02/05/2014



02/04/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from William Walsh dated 1/31/14 re: This letter is a response to your Order and Opinion sent to the District Council of the City of New York and Vicinity of the United/Brotherhood of Carpenters and Joiners of America, et al on January 8, 2014. ENDORSEMENT: The Court treats this letter as an application for reconsideration of its 1/8/14 Decision + Order + requests comments on or before 2/11/14 by those parties who responded to Mr. Walsh's 12/31/13 request. (See also Court's Order dated 1/17/14). (Signed by Judge Richard M. Berman on 2/4/2014) (mro)


02/03/2014

OrderDocket Text: ORDER: The Court hereby grants the District Council's application and approves the CBAs between the District Council and ACCNY, including their provisions regarding full mobility, electronic reporting of jobs and hours, and anti-corruption compliance features, subject to the Court's directive that the parties to the ACCNY CBAs forthwith make good-faith efforts to comply with the Agreements' requirements regarding electronic reporting of jobs and hours, and anti-corruption compliance features. The Court's May 26, 2009 Order is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the CBAs between the District Council and ACCNY ratified by the District Council's Delegate Body on December 11, 2013. The District Council shall file with the Court approximately every thirty (30) days after entry of this Order and approximately every thirty days thereafter until further order of the Court a report describing (i) the progress and effect of the electronic jobs reporting procedures and the compliance and enforcement procedures under the CBAs between the District Council and ACCNY, the CBA between the District Council and the Cement League, the CBA between the District Council and the Contractors Association of Greater New York ("CAGNY"), the CBA between the District Council and the Floor Coverers Association of Greater New York ("FCA"), the CBA between the District Council and the General Contractors Association of New York ("GCA"), the CBA between the District Council and the Building Contractors Association ("BCA"), and the CBA between the District Council and the WC&C; (ii) the anti-corruption enforcement efforts of the District Council; and (iii) additional information regarding the status of the CBAs between the District Council and ACCNY, the CBA between the District Council and the Cement League, the CBA between the District Council and CAGNY, the CBA between the District Council and the Floor Coverers Association, the CBA between the District Council

and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C pertaining to enforcement of the Consent Decree. The reports may be consolidated. (Signed by Judge Richard M. Berman on 2/3/2014) (mro)

Filed & Entered:

01/28/2014

Status ConferenceDocket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Review Officer Hearing was held on 1/28/2014. See transcript of proceedings held for a complete record. Status Conference set for 3/10/2014 at 12:00 PM before Judge Richard M. Berman.). (Court Reporter Mike McDaniel) (sc)


01/27/2014

OrderDocket Text: ORDER: Having reviewed the letters of the Review Officer on January 10, 2014, the District Council on January 22, 2014, and the government on January 21, 2014, including the Review Officer's assessment that the local unions have achieved excellent compliance under 29 U.S.C. § 501, it is hereby ordered that paragraph 5(b)(i)(1) of the June 3, 2010 Stipulation and Order is amended with respect to the local unions, such that the local unions do not have to submit prior notice of all expenditures to the Review Officer and instead must submit a monthly report of expenditures made to the Review Officer. (Signed by Judge Richard M. Berman on 1/27/2014) (mro)


01/27/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated January 27, 2014 re: District Counsel's progress in advance of the January 28, 2014 status conference. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)

1478

Filed: 01/23/2014

Entered:

01/24/2014

Memo Endorsement

Docket Text: MEMO ENDORSEMENT on re: [1467] Endorsed Letter. ENDORSEMENT: The letters submitted are convincing. Court requests that Counsel submits a proposed order for signature. (Signed by Judge Richard M. Berman on 1/23/2014) (mro)


01/22/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated January 22, 2014 re: Local Expenditures. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)


01/21/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La Morte dated January 21, 2014 re: Proposed Modification of Stipulation and Order dated June 3, 2010. Document filed by United States of America.(La Morte, Tara)


01/17/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Affected Delegates Local 157 dated 1/16/14 re: Affected Delegates Local 157 request that the enclosed letter be places on the SDNY docket. ENDORSEMENT: The issue has been addressed in the Order dated 1/8/14, but we can take a few minutes on 1/28/14 to hear from the RO + others about the Court's jurisdiction in

these matters. (Signed by Judge Richard M. Berman on 1/17/2014) (mro) 1473

Filed & Entered:

01/16/2014

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 1/6/2014 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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 2/10/2014. Redacted Transcript Deadline set for 2/21/2014. Release of Transcript Restriction set for 4/21/2014.(Rodriguez, Somari)


01/16/2014



01/15/2014

Status ReportDocket Text: STATUS REPORT. THE SEVENTH 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, AND THE CEMENT LEAGUE, INC. 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)(Jones, Barbara)


01/10/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Dennis M. Walsh dated 1/10/14 re: The Review Officer writes to explain his reasoning in recommending to the parties that the local unions be exempted from the prior notice requirement for expenditures set forth in paragraph 5.b.i.1 of the Stipulation and Order entered in this matter on June 3, 2010. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 1/10/2014) (mro)


01/10/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Salvatore Tagliaferro dated 1/3/14 re: Salvatore Tagliaferro requests Your Honor allow him to run for EST of the New York City Distrcit Coucil. ***Accepted for filing as a docket and file by Chambers. (mro)

1469Filed: 01/10/2

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from William Walsh

014Entered:

01/15/2014

dated 1/6/2014 re: questions with regards to the NYCDCC's election procedure. Document filed by Bill Walsh.(tro)

1470

Filed: 01/10/2014

Entered:

01/15/2014

Letter

Docket Text: LETTER dated 1/6/2014 re: Election Rules. ***Docket and filed instructions from Chambers. Document filed by Patrick Nee.(tro)

1471

Filed: 01/10/2014

Entered:

01/15/2014

Letter

Docket Text: LETTER from Gregory Kelty dated 1/6/2014 re: Court Conference 1/6/2014. *Docket and file instructions from Chambers. (tro)


01/08/2014

Memorandum & OpinionDocket Text: OPINION & ORDER: #103870 The Court concludes as follows: The Court is not empowered to consider Mr. Walsh's application as part of the above-captioned case, in which he objects to a decision of Douglas McCarron, the General President of the United Brotherhood of Carpenters ("UBC"), dated October 9, 2013, ruling him ineligible to serve as a delegate to the District Council, and asks the Court to "reinstate me to my fairly elected position as Delegate." (Letter from William Walsh to Hon. Richard M. Berman, dated Dec. 31, 2013.) Rather, the Court's authority in this case is limited to the enforcement and implementation of the Consent Order and subsequent orders entered by the Court. United States v. Dist. Council of New York City, 972 F. Supp. 756, 763 (S.D.N.Y. 1997) ("In the case at bar, the Court is concerned only with the proper implementation of the Consent Decree."). (See Stip. & Order paragraph 12(g).) Neither the Consent Order nor the Stipulation and Order implicates actions taken by the UBC or the interpretation of its constitution by UBC officers. United States v. Dist. Council of New York City, 972 F. Supp. 756, 760-61 (S.D.N.Y. 1997)("The Consent Decree says nothing about the UBC's powers to act under its constitution, by-laws, and the Federal labor laws; nor was there a basis in law for doing so."); U.S. v. District Council of New York City, No. 90 Civ. 5722, 2007 WL 2728984, at *1 (S.D.N.Y. Sep. 12, 2007) ("This Court's limited jurisdiction does not extend to adjudicating alleged violations of the UBC Constitution."). (See Stip. & Order paragraph 2 ("The Court has authority to enter this Stipulation and Order pursuant to its inherent power, including the inherent power to enforce, ensure compliance with, and modify the Consent Decree.").) (Signed by Judge Richard M. Berman on 1/8/2014) (mro) Modified on 1/13/2014 (ca).


01/08/2014

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1464] Letter, filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. ENDORSEMENT: Because the proposal is to "amend" the Stipulation + Order, the Court would like to hear (in writing) from @ of the parties to the Stip + Order--and others who may wish to be heard--by 1/22/14. The RO would also help by

explaining the rationals for an exemption. (Signed by Judge Richard M. Berman on 1/8/2014) (mro)


01/07/2014

Memorandum & OpinionDocket Text: OPINION & ORDER: #103869 The Court concludes as follows: The special election for Executive Secretary-Treasurer of the District Council ("EST"), to be held on January 24, 2014, may proceed as currently scheduled. The election process is in accordance with the procedures approved by the Court on August 15, 2013, (Order, dated Aug. 15, 2013), and reflects a valid exercise of the RO's authority to "supervise all phases of any union election conducted by the District Council during his tenure, and to certify the results of any such election." (Stip. & Order paragraph 5(k)(i).) See United States v. Dist. Council of New York City, 880 F. Supp. 1051, 1065 (S.D.N.Y. 1995) ("[B]ased on the intent of the parties, and the definition of 'supervise' under Title IV of the LMRDA, the IRO's power to 'supervise' the District Council election authorizes him to not only draft rules for how the election should be conducted, but to implement those rules by vesting within his own physical control the conduct of the election process."); as further set forth herein. The RO's consent in this matter resolves the application of Mr. Kelty. (Signed by Judge Richard M. Berman on 1/7/2014) (mro) Modified on 1/9/2014 (mro). Modified on 1/13/2014 (ca).


01/07/2014

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated January 7, 2014 re: modification of paragraph 5(b)(i)(1) of the June 3, 2010 Stipulation and Order. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)

Filed: 01/06/2014

Entered:

01/07/2014

Status Conference

Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Hearing held on 1/6/2014. See transcript for a complete record. (Court Reporter Karen Gorlaski) (sc)


01/03/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Salvatore Tagliferro dated 1/3/2014 re: Appeal of Salvatore Tagliaferro. Request for permission to run to EST of the New York City District Council. ENDORSEMENT: CLERK TO DOCKET. (Signed by Judge Richard M. Berman on 1/3/2014) (tro)


01/03/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Salvatore Tagliferro dated 1/3/2014` re: Mr. Tagliaferro writes this letter to request a short delay of the mailing out of the ballots for EST on Monday. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 1/3/2014) (tro)


01/03/2014

OrderDocket Text: ADMINISTRATIVE ORDER: The conference scheduled in this matter for 1/3/2014 at 2:00 p.m. is hereby rescheduled to Monday, 1/6/2014 at 9:30 a.m.(Status Conference set for 1/6/2014 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 1/3/2014) (tro)


01/02/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Gregory Kelty re: Gregory Kelty writes to Your Honor regarding some concerns with the upcoming EST election. ENDORSEMENT: Mr. Walsh is requested to respond in writing today (1/2/14) by 5:00 pm. (Signed by Judge Richard M. Berman on 1/2/2014) (mro)


01/02/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from William Walsh re: William Walsh states that the NYCDCC supervision and Consent Decree turn on their own merits and hopes that Your Honor can see the necessity for clarification in this matter. ENDORSEMENT: Mr. Dennis Walsh is directed to respond today (1/2/14) in writing by 5:00 pm. (Signed by Judge Richard M. Berman on 1/2/2014) (mro)


01/02/2014

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Dennis M. Walsh dated 1/2/14 re: Counsel responds to the letters received by the Court from William Walsh and Greg Kelty on December 31, 2013 and January 2, 2014, respectively. ENDORSEMENT: Clerk to docket + file. (Signed by Judge Richard M. Berman on 1/2/2014) (mro) Modified on 1/7/2014 (mro).


12/16/2013

Status ReportDocket Text: STATUS REPORT. The Sixth 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, and the Cement League, Inc. 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)(Jones, Barbara)

Filed & Entered:

12/13/2013

Set/Reset Hearings

Docket Text: Set/Reset Hearings: Oral Argument set for 1/3/2014 at 02:00 PM before Judge Richard M. Berman. (mro)


12/13/2013

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1448] Letter, filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. ENDORSEMENT: It is difficult to assess these new agreements as the parties have advised that the recently approved CBAs-particularly the anti-corruption features--have not yet been NORMALIZED. We can discuss on JAN 28, 2014. (Signed by Judge Richard M. Berman on 12/13/2013) (mro)

1451Filed & 12/13

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1449] Letter, filed by N.Y.C. District

Entered: /2013 Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. ENDORSEMENT: What, if any, progress has been made in upgrading the District Council's in house(full time) technology resources?? (Signed by Judge Richard M. Berman on 12/13/2013) (mro)


12/13/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 12/12/13 re: Counsel writes in response to the most recent letter of Patrick Nee regarding the Special Election for Executive Secretary-Treasurer of the District Council. ENDORSEMENT: Lets have a brief conference re: status of new election on JAN. 3 @2:00 P.M. ( Status Conference set for 1/3/2014 at 02:00 PM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 12/13/2013) (mro) Modified on 12/13/2013 (mro).


12/13/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 12/12/13 re: Counsel writes in response to the December 11, 2013 letter submitted by Salvatore Tagliaferro to the Court, as well as to an additional letter that he submitted to the Court this morning. ENDORSEMENT: Any further written comments to be served + filed by noon on 12/18/13. (Signed by Judge Richard M. Berman on 12/13/2013) (mro)


12/13/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Salvatore Tagliaferro dated 12/12/13 re: Salvatore Tagliaferro requests Your Honor's intervention in the matter listed herein. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 12/13/2013) (mro)


12/13/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Salvatore Tagliaferro dated 12/12/13 re: Salvatore Tagliaferro is writing in response to a 6-page letter from Mintz Levin, the legal representatives of the Review Officer.. ENDORSEMENT: Without indicating what the legal merit, if any, is of Mr. Tagliaferro's claim, the Court will hear brief (5-10 minutes) oral argument on 1/3/14 @2:00 P.M. (Signed by Judge Richard M. Berman on 12/13/2013) (mro)


12/12/2013

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 12/4/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. 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 1/6/2014. Redacted Transcript Deadline set for 1/16/2014. Release of Transcript Restriction set for 3/17/2014.(Rodriguez, Somari)


12/12/2013

Notice of Filing TranscriptDocket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made

remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)


12/12/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from James M. Murphy dated December 12, 2013 re: Collective Bargaining Agreements between the District Council and the Association of Concrete Contractors of New York, Inc.. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Murphy, James)


12/12/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from James M. Murphy dated December 12, 2013 re: Retention of the District Council's IT Consultant. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Murphy, James)

1444

Filed: 12/11/2013

Entered:

12/12/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 12/10/13 re: Counsel writes in response to the December 2, 2013 letter of Patrick Nee. ENDORSEMENT: Holding standing aside (arguendo), Mr. Walsh is requested to write + describe the facts + circumstances of the case. (Signed by Judge Richard M. Berman on 12/11/2013) (mro)

1445

Filed: 12/11/2013

Entered:

12/12/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Salvatore Tagliaferro dated 12/11/13 re: Salvatore Tagliaferro, President of Local 926, states that he submitted his petition for candidacy for E.S.T. of the New York District Council of Carpenters and was interviewed by the review officer. Today he received an email states that he was not approved. ENDORSEMENT: Mr. Walsh is requested to respond promptly in writing. (Signed by Judge Richard M. Berman on 12/11/2013) (mro)

Filed: 12/04/2013

Entered:

01/03/2014

Status Conference

Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Review Officer hearing held on 12/4/2013. See transcript of proceedings held for a complete record. (mro)


12/04/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Patrick Nee dated 12/2/13 re: Patrick Nee writes to object to the Review Officer retaining non-reviewable authority to disqualify members from running for this position. ENDORSEMENT: Mr. Walsh is requested to respond by 12/10/13. (Signed by Judge Richard M. Berman on 12/4/2013) (mro)


12/03/2013

Notice (Other)Docket Text: NOTICE of Filing of the Seventh Interim Report of the Review Officer. Document filed by Dennis Walsh. (Attachments: # (1) The Seventh Interim Report of the Review Officer, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit

4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14, # (16) Exhibit 15, # (17) Exhibit 16, # (18) Exhibit 17, # (19) Exhibit 18, # (20) Exhibit 19, # (21) Exhibit 20, # (22) Certificate of Service)(Rohde, Bridget)


12/03/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated December 3, 2013 re: status in advance of December 4, 2013 hearing. 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)(Jones, Barbara)


12/03/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated December 3, 2013 re: Supplemental Information. Document filed by New York City District Council of Carpenters Annuity Fund, New York City District Council of Carpenters Apprenticeship, Journeyman Retraining, Educational and Industry Fund, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund. (Attachments: # (1) Enclosure)(O'Leary, Elizabeth)


11/27/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated November 27, 2013 re: Supplemental Ltr re: Investment Fees. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(O'Leary, Elizabeth)


11/27/2013

Memo EndorsementDocket Text: MEMO ENDORSEMENT on re: [1435] Letter, filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. ENDORSEMENT: Re: Dec 4 conference, the Court would like presentations from Govt counsel, District Council's counsel, + the RO-in that order-re: implementation of anti-corruption technology (delay + timetable), thereafter, we can hear about Funds + fees described in this letter. Adjournment to supplement this letter granted. (Signed by Judge Richard M. Berman on 11/27/2013) (mro)


11/27/2013

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 7/18/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Joanne Mancari, (212) 805-0300. 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 12/23/2013. Redacted Transcript Deadline set for 1/2/2014. Release of Transcript Restriction set for 2/28/2014.Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)


11/27/2013

Notice of Filing TranscriptDocket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The

parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)


11/26/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated November 26, 2013 re: U.S. v. District Council of New York and Vicinity. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C)(O'Leary, Elizabeth)


11/25/2013

OrderDocket Text: DECISION & ORDER: It is imperative that the parties forthwith come into compliance with the CBA provisions regarding electronic reporting of hours and upgrade the District Council's in-house staff and technological capabilities to comply with the Court's Orders, dated May 8, 2013, June 11, 2013, July 16, 2013, July 26, 2013, September 3, 2013, September 12, 2103 and October 23, 2013. The November 18, 2013 conference did not provide comfort that this was happening with sufficient urgency. The District Council is directed to secure the attendance of Standard Data representatives and other technology vendor representatives at the December 4, 2013 conference. Also, as discussed at the November 18, 2013 conference, the Benefit Funds (Ryk Tierney) are directed to provide the Court with written information on all of the costs (i.e., advisory fees, commissions, legal fees, etc.) associated with managing the investments of the Funds on or before November 26, 2013. (See Hr'g Tr., dated Nov. 18, 2013, at 9:11-17.) (Signed by Judge Richard M. Berman on 11/25/2013) (mro)


11/22/2013

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. 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 12/16/2013. Redacted Transcript Deadline set for 12/26/2013. Release of Transcript Restriction set for 2/24/2014.(Rodriguez, Somari)


11/22/2013


Filed: 11/18/2013

Entered 11/22/2

Status ConferenceDocket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Review Officer Hearing held on 11/18/2013. See transcript of proceedings held for a

: 013 complete record. ( Status Conference/hearing set for 1/28/2014 at 09:30 AM before Judge Richard M. Berman.). (sc)


11/15/2013

Status ReportDocket Text: STATUS REPORT. Fifth Thirty-Day Compliance Report Regarding Electronic Job Reporting Under the Wall-Ceiling Association, Building Contractors Association, General Contractors Association, and Floor Coverers Association CBAs Document filed by District Council. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11)(Murphy, James)


10/25/2013

TranscriptDocket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 9/12/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. 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 11/18/2013. Redacted Transcript Deadline set for 12/2/2013. Release of Transcript Restriction set for 1/26/2014.(Rodriguez, Somari)


10/25/2013



10/24/2013

LetterDocket Text: LETTER addressed to Judge Richard M. Berman from Barbara S. Jones dated 10/24/2013 re: District Council of Carpenters' progress on IT plan. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)

1428

Filed: 10/24/2013

Entered:

10/25/2013

OrderDocket Text: ORDER: The status update conference on November 6, 2013 is hereby adjourned to November 18, 2013 at 11:00 a.m. The October 29, 2013 hearing regarding the Review Officer's September 16, 2013 Petition to Require the District Council to Implement a Business Operations and IT Modernization Plan is also adjourned and is rescheduled as an agenda item at the November 18, 2013 conference. (Signed by Judge Richard M. Berman on 10/24/2013) (mro)

Filed: 10/23/2013

Entered:

10/24/2013

Status ConferenceDocket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 10/23/2013. Hearing on Cement League contract was held. The Court Reporter, Patricia Nilsen, was present. (sc)

Status Conference

Filed: 10/23/2013

Entered:

10/24/2013

Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman: Hearing on review officer decision held on 10/23/2013. (Court Reporter Patricia Nilsen) (sc)


10/23/2013

Memorandum & OpinionDocket Text: OPINION & ORDER re: #103701 [1413] FIRST MOTION to Amend/Correct Letter and Findings dated September 24, 2013 filed by James P. Noonan. Assuming, arguendo, that Noonan had standing to challenge the RO's determination that he lacked the necessary "qualification, experience [and] training" necessary to run for EST, his application would likely be denied for the reasons stated above. The RO, in his September 24, 2013 findings, stated that "Mr. Noonan was unable to cite any qualification, experience or training (other than his integrity and dedication to the brotherhood) that would aid in deeming him qualified to serve as a chief executive of the District Council" and that he "admitted too much when he stated that he had received pledges of assistance from siblings (one of whom is an attorney) in meeting the challenge of being EST." (RO's Findings Regarding Required Approval of Candidates for EST, dated Sept. 24, 2013, at 3.) (Signed by Judge Richard M. Berman on 10/23/2013) (mro) Modified on 10/24/2013 (sdi).


10/23/2013

OrderDocket Text: ORDER: The Court hereby grants the District Council's application and approves the CBA between the District Council and the Cement League, including its provisions regarding full mobility and anti-corruption technology mechanisms. The Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the CBA between the District Council and the Cement League approved on October 9, 2013. The District Council shall file with the Court approximately every thirty (30) days after entry of this Order and approximately every thirty days thereafter until further order of the Court a report describing (i) the progress and effect of the electronic jobs reporting procedures and the compliance and enforcement procedures under the CBA between the District Council and the Cement League, the CBA between the District Council and CAGNY, the CBA between the District Council and the Floor Coverers Association, the CBA between the District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C; (ii) the anti-corruption enforcement efforts of the District Council; and (iii) additional information regarding the status of the CBA between the District Council and the Cement League, the CBA between the District Council and CAGNY, the CBA between the District Council and the Floor Coverers Association, the CBA between the District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C pertaining to enforcement of the Consent Decree. The reports may be consolidated. (Signed by Judge Richard M. Berman on 10/23/2013) (mro)


10/21/2013

Notice of AppearanceDocket Text: NOTICE OF APPEARANCE by Patrick Kenaris Foster on behalf of The Cement League, Incorporated. (Foster, Patrick)


10/17/2013

Endorsed LetterDocket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from Patrick Nee dated 10/16/13 re: Patrick Nee writes in response to Ms. Rhodes response to his submission to the Court. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 10/17/2013) (mro)


10/17/2013

Memo EndorsementDocket Text: MEMO ENDORSEMENT on THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA NEW COMPUTERIZED INFORMATION SYSTEM PROPOSED BY THE REVIEW OFFICER. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 10/17/2013) (mro)


10/17/2013

Response to MotionDocket Text: RESPONSE to Motion re: [1413] FIRST MOTION to Amend/Correct Letter and Findings dated September 24, 2013.. Document filed by Dennis Walsh. (Rohde, Bridget)


10/17/2013

Certificate of Service Other

Docket Text: CERTIFICATE OF SERVICE of Response to Motion on 10/17/13. Document filed by Dennis Walsh. (Rohde, Bridget)

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10-16-13 to 6-11-14 Docket Report for Case 90-5722-RMB-THK

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