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U.S.

District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:13-cv-04473-RMB
Manufacturing Wood Workers Association of Greater New Date Filed: 06/27/2013 York, Inc. v. New York District Council of Carpenters Jury Demand: None Assigned to: Judge Richard M. Berman Nature of Suit: 720 Labor: Labor/Mgt. Relations Related Case: 1:90-cv-05722-RMBJurisdiction: Federal Question THK Cause: 29:185 Labor Management Relations Act of 1947 Plaintiff Manufacturing Wood Workers represented by Scott Paul Trivella Association of Greater New York, Inc. Trivella & Forte 1311 Mamaroneck Avenue, Suite 170 on behalf of itself and its employerWhite Plains, NY 10605 members (914) 949-9075 Fax: (914)-949-4752 Email: scott@tfsllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher A. Smith Trivella & Forte LLP 1311 Mamaroneck Avenue, Ste 170 White Plains, NY 10605 914-843-9100 Fax: 914-949-4752 Email: 111csmith111@gmail.com ATTORNEY TO BE NOTICED Denise Ann Forte Trivella & Forte LLP 1311 Mamaroneck Avenue, Ste 170 White Plains, NY 10605 (914) 949-9075 Fax: (914) 949-4752 Email: denise@tfsllp.com ATTORNEY TO BE NOTICED Jonathan Michael Bardavid Trivella & Forte LLP 1311 Mamaroneck Avenue, Ste 170 White Plains, NY 10605 (914) 949-9075 Fax: (914) 949-4752

Email: jonathan@tfsllp.com ATTORNEY TO BE NOTICED V. Defendant New York District Council of Carpenters also known as The District Council of New York City and Vicinity United Brotherhood of Carpenters and Joiners of America

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@spivak-lipton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Adrian D. Healy Spivak Lipton LLP 1700 Broadway New York, NY 10019 (917)-499-9012 Fax: (212)-541-5429 Email: ahealy@spivaklipton.com ATTORNEY TO BE NOTICED Denis Patrick Duffey , Jr. Spivak Lipton Watanabe Spivak & Moss LLP 1700 Broadway, Suite 2100 New York, NY 10019 (212)-765-2100 Fax: (212)-541-5429 Email: dduffey@spivak-lipton.com ATTORNEY TO BE NOTICED

Date Filed 07/18/2013 07/18/2013

Docket Text

36 ANSWER to 1 Complaint,. Document filed by New York District Council of Carpenters.(Murphy, James) (Entered: 07/18/2013) 35 ENDORSED LETTER addressed to Judge Richard M. Berman from Scott Trivella dated 7/18/13 re: Counsel states that the District Council's refusal to participate in expedited arbitration of the issue of whether the strike violates the current collective bargaining agreement frustrates the intent of the collective bargaining agreement and is further reason for this Court to enter an order enjoining the strike pending a hearing and determination of the arbitration. ENDORSEMENT: See Decision + Order dated 7/18/13. (Signed by Judge

Richard M. Berman on 7/18/2013) (mro) (Entered: 07/18/2013) 07/18/2013 34 DECISION AND ORDER: For the foregoing reasons, Plaintiff's application for injunctive relief is respectfully denied. (Signed by Judge Richard M. Berman on 7/18/2013) (mro) (Entered: 07/18/2013) 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/8/13 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) (Entered: 07/12/2013) 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/8/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Linda Fisher, (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 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/15/2013.(Rodriguez, Somari) (Entered: 07/12/2013) 31 MEMORANDUM OF LAW in Support re: 13 Order to Show Cause,,,,. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 07/09/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jonathan Michael Bardavid to RE-FILE Document 19 Memorandum of Law in Support. ERROR(S): Incorrect Page numbering. Should be 1-13. (ka) (Entered: 07/09/2013) Minute Entry for proceedings held before Judge Richard M. Berman: Show Cause Hearing held on 7/8/2013. Hearing held. Court reporter Linda Fisher present. See transcript for a complete record. (djc) (Entered: 07/09/2013) 30 ENDORSED LETTER addressed to Judge Richard M. Berman from Scott Trivella dated 7/3/13 re: For the reasons herein, and to prevent delaying the MWA's pending application for injunctive relief, the MWA requests that this Court immediately return 13cv4473 to Judge Nathan. ENDORSEMENT: Clerk to Docket. (Signed by Judge Richard M. Berman on 7/8/2013) (mro) (Entered: 07/09/2013) 29 DECLARATION of James M. Murphy in Opposition re: 13 Order to Show Cause,,,,. Document filed by New York District Council of Carpenters. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Murphy, James) (Entered: 07/08/2013) 28 MEMORANDUM OF LAW in Opposition re: 13 Order to Show Cause,,,,. Document filed by New York District Council of Carpenters. (Murphy, James) (Entered: 07/08/2013)

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27 REPLY MEMORANDUM OF LAW in Support re: 13 Order to Show Cause,,,,. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 07/08/2013) 26 DECLARATION of Jonathan Bardavid in Support re: 13 Order to Show Cause,,,,. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 07/08/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney James M Murphy to RE-FILE Document 25 Affirmation in Opposition to Motion. Use the event type Declaration in Opposition (non-motion) found under the event list Other Answers. Re-File and link ONLY to document # 13 Order To Show Cause. (ldi) (Entered: 07/08/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney James M Murphy to RE-FILE Document 24 Memorandum of Law in Opposition to Motion. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. Re-File and link ONLY to document # 13 Order To Show Cause. (ldi) (Entered: 07/08/2013) 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU AFFIRMATION of James M. Murphy in Opposition re: 8 MOTION for Order to Show Cause.. Document filed by New York District Council of Carpenters. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Murphy, James) Modified on 7/8/2013 (ldi). (Entered: 07/05/2013) 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU MEMORANDUM OF LAW in Opposition re: 8 MOTION for Order to Show Cause.. Document filed by New York District Council of Carpenters. (Murphy, James) Modified on 7/8/2013 (ldi). (Entered: 07/05/2013) CASE ACCEPTED AS RELATED. Create association to 1:90-cv-05722-RMBTHK. (pgu) (Entered: 07/03/2013) 23 NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge Alison J. Nathan is no longer assigned to the case. (pgu) (Entered: 07/03/2013) 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/27/2013 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...(McGuirk, Kelly) (Entered: 07/03/2013) 21 TRANSCRIPT of Proceedings re: ARGUMENT held on 6/27/2013 before Judge Sidney H. Stein. Court Reporter/Transcriber: Samuel Mauro, (212) 8050300. 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.

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Redaction Request due 7/29/2013. Redacted Transcript Deadline set for 8/8/2013. Release of Transcript Restriction set for 10/4/2013.(McGuirk, Kelly) (Entered: 07/03/2013) 07/02/2013 20 NOTICE OF APPEARANCE by Denise Ann Forte on behalf of Manufacturing Wood Workers Association of Greater New York, Inc.. (Forte, Denise) (Entered: 07/02/2013) 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 13 Order to Show Cause. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc. (Bardavid, Jonathan) Modified on 7/9/2013 (ka). (Entered: 07/01/2013) 18 DECLARATION of Helge Halvorsen in Support re: 13 Order to Show Cause,,,,. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 07/01/2013) 17 DECLARATION of Anthony Rizzo in Support re: 13 Order to Show Cause,,,,. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 07/01/2013) 16 DECLARATION of Scott P. Trivella in Support re: 13 Order to Show Cause,,,,. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 07/01/2013) 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc..(Bardavid, Jonathan) (Entered: 07/01/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonathan Michael Bardavid to RE-FILE Document 12 Memorandum of Law in Support of Motion. Use the event type Memorandum in Support (non-motion) found under the event list Other Answers, then link to 13 Order. (db) (Entered: 07/01/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonathan Michael Bardavid to RE-FILE Document 11 Declaration in Support of Motion, 10 Declaration in Support of Motion, 9 Declaration in Support of Motion. Use the event type Declaration in Support (non-motion) found under the event list Other Answers. Then link each separate document to the 13 Order. (db) (Entered: 07/01/2013) 14 AFFIDAVIT OF SERVICE of Order to Show Cause (conformed) served on Spivak Lipton LLP on June 28, 2013. Service was made by Email. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) (Entered: 06/28/2013) Set/Reset Deadlines: Replies due by 7/8/2013. (rjm) (Entered: 06/28/2013) 13 ORDER TO SHOW CAUSE. It is Ordered, that the above named Defendant show cause before a motion term of this Court, at Room 906, United States

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Court House, located at 40 Foley Square, New York, New York, on July 8, 2013 at 2:00 p.m., or as soon thereafter as counsel can be heard why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure ("FRCP"), restraining the Defendant, its attorneys, agents, servants, employees, representatives and all persons acting in concert or participating with them or those provided with notice of this Order from engaging in a work stoppage, strike slowdown, picketing, or other job action or any activity that interferes with Plaintiff's employer member's business pending an arbitration hearing and determination of the issues herein, and as further set forth. Answering papers are due July 5; reply papers, if any, are due July 8 at 2:00 p.m. (Show Cause Hearing set for 7/8/2013 at 02:00 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Show Cause Response due by 7/5/2013.) (Signed by Judge Sidney H. Stein in Part I on 6/28/2013) (rjm) Modified on 7/11/2013 (rjm). (Entered: 06/28/2013) 06/28/2013 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU MEMORANDUM OF LAW in Support re: 8 MOTION for Order to Show Cause. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc. (Bardavid, Jonathan) Modified on 7/1/2013 (db). (Entered: 06/28/2013) 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU DECLARATION of Helge Halvorsen in Support re: 8 MOTION for Order to Show Cause. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) Modified on 7/1/2013 (db). (Entered: 06/28/2013) 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU DECLARATION of Anthony Rizzo in Support re: 8 MOTION for Order to Show Cause. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) Modified on 7/1/2013 (db). (Entered: 06/28/2013) 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU DECLARATION of Scott P. Trivella in Support re: 8 MOTION for Order to Show Cause. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.. (Bardavid, Jonathan) Modified on 7/1/2013 (db). (Entered: 06/28/2013) 8 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT MOTION for Order to Show Cause. Document filed by Manufacturing Wood Workers Association of Greater New York, Inc..(Bardavid, Jonathan) Modified on 7/1/2013 (db). (Entered: 06/28/2013) 7 NOTICE OF APPEARANCE by Scott Paul Trivella on behalf of Manufacturing Wood Workers Association of Greater New York, Inc.. (Trivella, Scott) (Entered: 06/28/2013) Minute Entry for proceedings held before Judge Sidney H. Stein: oral argument held on 6/27/2013 re order to show cause filed by Manufacturing Wood Workers Association of Greater New York, Inc. (lab) (Entered: 06/28/2013)

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6 NOTICE OF APPEARANCE by Denis Patrick Duffey, Jr on behalf of New York District Council of Carpenters. (Duffey, Denis) (Entered: 06/28/2013) 5 NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Naomi Reice Buchwald is no longer assigned to the case. (pgu) (Entered: 06/28/2013) 4 NOTICE OF APPEARANCE by Adrian D. Healy on behalf of New York District Council of Carpenters. (Healy, Adrian) (Entered: 06/27/2013) 3 NOTICE OF APPEARANCE by James M Murphy on behalf of New York District Council of Carpenters. (Murphy, James) (Entered: 06/27/2013) Magistrate Judge Kevin Nathaniel Fox is so designated. (pgu) (Entered: 06/27/2013) 2 NOTICE OF CASE ASSIGNMENT to Judge Naomi Reice Buchwald. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 06/27/2013) CASE DECLINED AS NOT RELATED. Case referred as related to 12 cv 5107 and declined by Judge Louis L. Stanton and returned to wheel for assignment. (pgu) (Entered: 06/27/2013) Case Designated ECF. (jom) (Entered: 06/27/2013) CASE REFERRED TO Judge Louis L. Stanton as possibly related to 12-cv5107. (jom) (Entered: 06/27/2013) SUMMONS ISSUED as to New York District Council of Carpenters. (jom) (Entered: 06/27/2013) 1 COMPLAINT against New York District Council of Carpenters. (Filing Fee $ 350.00, Receipt Number 465401070848)Document filed by Manufacturing Wood Workers Association of Greater New York, Inc.(jom) (Additional attachment(s) added on 7/2/2013: # 1 complaint, part 2) (jd). (Entered: 06/27/2013)

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