National Elevator Bargaining Association v. International Union of Elevator Constructors

Federal Civil Lawsuit Iowa Southern District Court, Case No. 4:17-cv-00074
District Judge Rebecca Goodgame Ebinger, presiding
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District Judge Rebecca Goodgame Ebinger
Last Updated July 28, 2025 at 9:55 PM EDT (7.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo International Union of Elevator Constructors, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Elias Amash
Space CHARLES W. GILLIGAN
Space Jennifer R. Simon

Represented by Blake & Uhlig, PA

Name Phone Fax E-Mail
Space Michael Amash +1 913 321 8884 +3212 321 321 2396 mea@blake-uhlig.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael Amash +1 913 321 8884 +3212 321 321 2396 mea@blake-uhlig.com

Represented by O'Donoghue & O'Donoghue

Name Phone Fax E-Mail
Space CHARLES W. GILLIGAN

Represented by O'DONOGHUE & O'DONOGHUE LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles William Gilligan +1 202 362 0041 +1 202 362 2640 cgilligan@odonoghuelaw.com
Space Jennifer R. Simon +1 202 362 0041 +1 202 237 1200 jsimon@odonoghuelaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jennifer R. Simon +1 202 362 0041 +1 202 237 1200 jsimon@odonoghuelaw.com
No Logo Local Union No. 33, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Elias Amash
Space CHARLES W. GILLIGAN
Space Jennifer R. Simon

Represented by Blake & Uhlig, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael Amash +1 913 321 8884 +3212 321 321 2396 mea@blake-uhlig.com

Represented by O'DONOGHUE & O'DONOGHUE LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles William Gilligan +1 202 362 0041 +1 202 362 2640 cgilligan@odonoghuelaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jennifer R. Simon +1 202 362 0041 +1 202 237 1200 jsimon@odonoghuelaw.com
v.
No Logo KONE, Inc., Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Susan K. Fitzke ,
Space Timothy E. Copeland, Jr.

Represented by Downs Rachlin Martin, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Timothy E. Copeland, Jr. +1 802 258 3070 tcopeland@drm.com

Represented by Littler Mendelson, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Susan F. Fitzke +1 612 313 7642 +1 612 630 9626 sfitzke@littler.com
No Logo National Elevator Bargaining Association, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Susan K. Fitzke ,
Space Timothy E. Copeland, Jr.

Represented by Downs Rachlin Martin, PLLC

Name Phone Fax E-Mail
Space Timothy E. Copeland, Jr. +1 802 258 3070 tcopeland@drm.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Timothy E. Copeland, Jr. +1 802 258 3070 tcopeland@drm.com

Represented by Littler Mendelson, PC

Name Phone Fax E-Mail
Space Susan F. Fitzke +1 612 313 7642 +1 612 630 9626 sfitzke@littler.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Susan F. Fitzke +1 612 313 7642 +1 612 630 9626 sfitzke@littler.com
Attributes
Citation Unknown
Nature of Suit 720 - Labor: Labor/Management Relations
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 3/7/2017, Entered: None Unknown Document Type
Set/Reset Deadlines: All Defendants. (kln)
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Legal Document (Payment Possibly Required) 45 Filed: 6/24/2019, Entered: 6/24/2019
JUDGMENT in favor of International Union of Elevator Constructors and Local Union No. 33 against KONE, Inc. and National Elevator Bargaining Association. Signed by Clerk John S. Courter on 6/24/2019. (slg)
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Blank 44 Filed: 6/21/2019, Entered: 6/21/2019 Court Filing
TEXT ORDER: In accordance with the opinion and mandate of the Court of Appeals, the Clerk of Court is directed to strike 33 Judgement in favor of Plaintiffs and against Defendants, and to enter Judgment with prejudice in favor of Defendants and against Plaintiffs. Signed by Judge Rebecca Goodgame Ebinger on 6/21/2019. (hfh)
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Legal Document (Payment Possibly Required) 43 Filed: 6/11/2019, Entered: 6/11/2019
MANDATE of USCA as to 34 Notice of Appeal filed by Local Union No. 33, International Union of Elevator Constructors. (vr)
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Legal Document (Payment Possibly Required) 42 Filed: 6/3/2019, Entered: 6/3/2019
ORDER of USCA advising that both the petitions for rehearing en banc and by the panel are denied as to 34 Notice of Appeal filed by Local Union No. 33, International Union of Elevator Constructors. (vr)
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Legal Document (Payment Possibly Required) 41 Filed: 4/23/2019, Entered: 4/23/2019
OPINION/JUDGMENT advising the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court of USCA as to 34 Notice of Appeal filed by Local Union No. 33, International Union of Elevator Constructors. Mandate to issue in 14 days. (Attachments: # 1 Opinion, # 2 Judgment) (vr)
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Legal Document (Payment Possibly Required) 40 Filed: 4/5/2018, Entered: 4/5/2018
Documents Sent re 34 Notice of Appeal : Transcript Entry 39 Motion Hearing - 1 copy sent to 8th CCA. (OMAA128) (vr)
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Legal Document (Payment Possibly Required) 39 Filed: 3/28/2018, Entered: 3/28/2018 Court Filing
TRANSCRIPT of Proceedings re 30 Motion Hearing, held on 9/26/2017 before Judge Ebinger. Court Reporter: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 1-41. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 4/23/2018. Redacted Transcript Deadline set for 5/3/2018. Release of Transcript Restriction set for 6/29/2018. (Martin, Terri)
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Legal Document (Payment Possibly Required) 38 Filed: 3/21/2018, Entered: 3/21/2018
Amended USCA Scheduling Order as to 34 Notice of Appeal filed by Local Union No. 33, International Union of Elevator Constructors. (vr)
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Legal Document (Payment Possibly Required) 37 Filed: 3/20/2018, Entered: 3/20/2018
USCA Scheduling Order as to 34 Notice of Appeal filed by Local Union No. 33, International Union of Elevator Constructors. (vr)
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Legal Document (Payment Possibly Required) 36 Filed: 3/20/2018, Entered: 3/20/2018
USCA Case Number 18-1584 for 34 Notice of Appeal filed by Local Union No. 33, International Union of Elevator Constructors. (vr)
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Legal Document (Payment Possibly Required) 35 Filed: 3/16/2018, Entered: 3/16/2018
NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 34 Notice of Appeal filed on 3/15/2018. (vr)
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Legal Document (Payment Possibly Required) 34 Filed: 3/15/2018, Entered: 3/15/2018
NOTICE OF APPEAL by International Union of Elevator Constructors, Local Union No. 33. Fee paid in the amount of $505 receipt number 0863-3446739. (Attachments: # 1 Supplement)(Simon, Jennifer)
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Legal Document (Payment Possibly Required) 33 Filed: 2/21/2018, Entered: 2/21/2018
***STRICKEN PER MANDATE FROM 8TH CIRCUIT 43 *** JUDGMENT in favor of KONE, Inc., National Elevator Bargaining Association against International Union of Elevator Constructors, Local Union No. 33. Signed by Clerk John S. Courter on 2/21/2018. (krn) Modified on 6/24/2019 (slg).
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Legal Document (Payment Possibly Required) 32 Filed: 2/21/2018, Entered: 2/21/2018 Court Filing
TEXT ORDER re 31 Order granting Plaintiffs' Motion to Vacate and denying Defendants' Motion for Summary Judgment. For the reasons stated in its order, Defendants' Counterclaims are dismissed. Signed by Judge Rebecca Goodgame Ebinger on 2/21/2018. (krn) Modified on 2/23/2018 (mbt).
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Legal Document (Payment Possibly Required) 31 Filed: 2/15/2018, Entered: 2/15/2018 Court Filing
***STRICKEN PER MANDATE FROM 8TH CIRCUIT 43 *** ORDER granting 2 Motion to Vacate ; denying 17 Motion for Summary Judgment. The Court also denies both parties' requests for attorneys' fees. Signed by Judge Rebecca Goodgame Ebinger on 2/15/2018. (nlh) Modified on 6/24/2019 (slg).
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Legal Document (Payment Possibly Required) 30 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
Minute Entry for proceedings held before Judge Rebecca Goodgame Ebinger: Motion Hearing held on 9/26/2017 re 2 MOTION to Vacate 1 Complaint, Arbitration Award filed by KONE, Inc. and National Elevator Bargaining Association and 17 MOTION for Summary Judgment to Confirm and Enforce Arbitration Award filed by Local Union No. 33 and International Union of Elevator Constructors. (Court Reporter Terri Martin) (Time in Court 60 minutes) (mbt)
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Legal Document (Payment Possibly Required) 29 Filed: 9/5/2017, Entered: 9/5/2017 Court Filing
TEXT ORDER. Due to a conflict on the Court's calendar, the hearing previously scheduled for 9/12/2017 on pending motions - 17 motion for summary judgment and 2 motion to vacate judgment and to confirm and enforce arbitration award - is rescheduled and shall now commence at 1:30 p.m. on 9/26/2017 at the U.S. Courthouse in Des Moines, Room 160, before Judge Rebecca Goodgame Ebinger. Local counsel are excused from attending this hearing on pending motions. Signed by Judge Rebecca Goodgame Ebinger on 9/5/2017. (nlh)
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Legal Document (Payment Possibly Required) 28 Filed: 6/30/2017, Entered: 6/30/2017 Court Filing
TEXT ORDER. The hearing previously scheduled for 6/22/2019 on pending motions - 17 motion for summary judgment and 2 motion to vacate judgment and to confirm and enforce arbitration award - is rescheduled and shall now commence at 9:00 a.m. on 9/12/2017 at the U.S. Courthouse in Des Moines, Room 160, before Judge Rebecca Goodgame Ebinger. Local counsel are excused from attending this hearing on pending motions.Signed by Judge Rebecca Goodgame Ebinger on 6/30/2017. (nlh)
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Legal Document (Payment Possibly Required) 27 Filed: 6/1/2017, Entered: 6/1/2017 Court Filing
TEXT ORDER: Local Counsel are excused from attending oral argument on the pending motions, scheduled for 6/22/2017 in Des Moines, pursuant to the Notice (ECF No. 26). Signed by Judge Rebecca Goodgame Ebinger on 6/1/2017. (nlh)
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Legal Document (Payment Possibly Required) 26 Filed: 6/1/2017, Entered: 6/1/2017 Court Filing
NOTICE by KONE, Inc., National Elevator Bargaining Association Letter to Judge Rebecca Goodgame Ebinger (Fitzke, Susan)
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Legal Document (Payment Possibly Required) 25 Filed: 5/15/2017, Entered: 5/15/2017
REPLY in Support & Response to Statement of Add'l Material Facts re 17 MOTION for Summary Judgment to Confirm and Enforce Arbitration Award filed by International Union of Elevator Constructors, Local Union No. 33. (Attachments: # 1 Statement of Undisputed Facts)(Simon, Jennifer)
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Legal Document (Payment Possibly Required) 24 Filed: 5/4/2017, Entered: 5/4/2017 Court Filing
TEXT ORDER setting hearing on pending motions: 17 motion for summary judgment and 2 motion to vacate judgment and to confirm and enforce arbitration award. Hearing shall commence at 9:00 a.m. on 6/22/2017 at the U.S. Courthouse in Des Moines, Room 160, before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 5/4/2017. (nlh)
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Legal Document (Payment Possibly Required) 23 Filed: 5/4/2017, Entered: 5/4/2017 Court Filing
TEXT ORDER: ORDER granting 22 defendants' consent Motion for Extension of Time to File Reply. Defendants shall have to and including 5/15/2017 to file their reply to the motion for summary judgment to confirm and enforce arbitration award 17 . Signed by Magistrate Judge Ross A Walters(R) on 5/4/2017. (kln)
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Legal Document (Payment Possibly Required) 22 Filed: 5/4/2017, Entered: 5/4/2017
Consent MOTION for Extension of Time to File Reply by International Union of Elevator Constructors, Local Union No. 33.Motions referred to Ross A Walters(R). Responses due by 5/18/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Amash, Michael)
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Legal Document (Payment Possibly Required) 21 Filed: 5/1/2017, Entered: 5/1/2017
RESPONSE to Motion re 17 MOTION for Summary Judgment to Confirm and Enforce Arbitration Award filed by KONE, Inc., National Elevator Bargaining Association. Replies due by 5/8/2017. (Attachments: # 1 Appendix in Support of Resistance to Defendants-Counterclaimants Motion for Summary Judgment, # 2 Affidavit of T. Copeland, Jr. in Support of Resistance to Defendants-Counterclaimants Motion for Summary Judgment, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Response to Defendants-Counterclaimants Statement of Materials Facts Not in Dispute, # 8 Statement of Additional Material Facts Not in Dispute That Preclude Summary Judgment)(Fitzke, Susan)
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Legal Document (Payment Possibly Required) 20 Filed: 5/1/2017, Entered: 5/1/2017
ANSWER to 15 Answer to Complaint and Counterclaim by KONE, Inc. and National Elevator Bargaining Association. (Fitzke, Susan)
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Legal Document (Payment Possibly Required) 19 Filed: 4/19/2017, Entered: 4/19/2017 Court Filing
TEXT ORDER: ORDER granting 18 unopposed motion for extension of time to file answer or otherwise respond to counterclaim and respond to motion for summary judgment. Plaintiffs shall have to and including 5/1/2017 to respond to the Counterclaim 15 and the summary judgment motion 17 . Entered by Magistrate Judge Ross A. Walters (R) on 4/19/2017. (kln)
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Legal Document (Payment Possibly Required) 18 Filed: 4/19/2017, Entered: 4/19/2017
Unresisted MOTION for Extension of Time to File Answer or Otherwise Respond to Counterclaim and Respond to Motion for Summary Judgment by KONE, Inc., National Elevator Bargaining Association.Motions referred to Ross A Walters(R). Responses due by 5/3/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Fitzke, Susan)
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Legal Document (Payment Possibly Required) 17 Filed: 3/31/2017, Entered: 3/31/2017
MOTION for Summary Judgment to Confirm and Enforce Arbitration Award by International Union of Elevator Constructors, Local Union No. 33. Responses due by 4/21/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Statement of Material Facts, # 2 Brief in Support, # 3 Appendix, # 4 Text of Proposed Order)(Simon, Jennifer)
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Legal Document (Payment Possibly Required) 16 Filed: 3/31/2017, Entered: 3/31/2017
RESPONSE to Motion re 2 MOTION to Vacate 1 Complaint, Arbitration Award filed by International Union of Elevator Constructors, Local Union No. 33. Replies due by 4/7/2017. (Attachments: # 1 Brief in Support, # 2 Appendix, # 3 Text of Proposed Order)(Simon, Jennifer)
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Legal Document (Payment Possibly Required) 15 Filed: 3/31/2017, Entered: 3/31/2017
IUEC and Local 33's ANSWER to Complaint Petition to Vacate, COUNTERCLAIM to Enforce and Confirm Arbitration Award against All Defendants by Local Union No. 33, International Union of Elevator Constructors.(Simon, Jennifer)
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Legal Document (Payment Possibly Required) 14 Filed: 3/31/2017, Entered: 3/31/2017
STATEMENT of Interest/Corporate Disclosure by International Union of Elevator Constructors, Local Union No. 33. (Simon, Jennifer)
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Legal Document (Payment Possibly Required) 13 Filed: 3/22/2017, Entered: 3/22/2017 Court Filing
TEXT ORDER: ORDER granting 12 defendants' consent motion for extension of time. Defendants shall have to and including 3/31/2017 to move or plead in response to the Complaint 1 and motion 2 . Entered by Magistrate Judge Ross A. Walters (R) on 3/22/2017. (kln)
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Legal Document (Payment Possibly Required) 12 Filed: 3/22/2017, Entered: 3/22/2017
Consent MOTION for Extension of Time to File by International Union of Elevator Constructors, Local Union No. 33.Motions referred to Ross A Walters(R). Responses due by 4/5/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Amash, Michael)
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Legal Document (Payment Possibly Required) 11 Filed: 3/8/2017, Entered: 3/8/2017
TEXT ORDER granting 9 Motion for Leave to Appear Pro Hac Vice Charles W. Gilligan; granting 10 Motion for Leave to Appear Pro Hac Vice Jennifer R. Simon. Signed by Clerk of Court John Courter on 3/8/2017. (tae, )
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Legal Document (Payment Possibly Required) 10 Filed: 3/8/2017, Entered: 3/8/2017
MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3151856 Fee paid in the amount of $75. by International Union of Elevator Constructors, Local Union No. 33. (Amash, Michael)
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Legal Document (Payment Possibly Required) 9 Filed: 3/8/2017, Entered: 3/8/2017
MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3151854 Fee paid in the amount of $75. by International Union of Elevator Constructors, Local Union No. 33. (Amash, Michael)
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Legal Document (Payment Possibly Required) 8 Filed: 3/7/2017, Entered: 3/7/2017 Court Filing
TEXT ORDER: ORDER granting 7 defendants consent motion for extension of time. Defendants shall have to and including 3/24/2017 to move or plead in response to the Complaint. Entered by Magistrate Judge Ross A. Walters (R) on 3/7/2017. (kln)
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Legal Document (Payment Possibly Required) 7 Filed: 3/7/2017, Entered: 3/7/2017
Consent MOTION for Extension of Time to File by International Union of Elevator Constructors, Local Union No. 33.Motions referred to Ross A Walters(R). Responses due by 3/21/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Text of Proposed Order)(Amash, Michael)
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Legal Document (Payment Possibly Required) 6 Filed: 3/3/2017, Entered: 3/3/2017
NOTICE of Appearance by Michael Elias Amash on behalf of International Union of Elevator Constructors, Local Union No. 33 (Amash, Michael)
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Legal Document (Payment Possibly Required) 5 Filed: 3/2/2017, Entered: 3/2/2017
TEXT ORDER granting 4 Motion for Leave to Appear Pro Hac Vice Timothy E. Copeland, Jr. Signed by Clerk of Court John Courter on 3/2/2017. (tae, )
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Legal Document (Payment Possibly Required) 4 Filed: 2/28/2017, Entered: 2/28/2017
MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3144587 Fee paid in the amount of $75. by KONE, Inc., National Elevator Bargaining Association. (Attachments: # 1 ECF Attorney Registration Form)(Fitzke, Susan)
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Legal Document (Payment Possibly Required) 3 Filed: 2/28/2017, Entered: 2/28/2017
Corporate Disclosure/Statement of Interest by KONE, Inc., National Elevator Bargaining Association. (Fitzke, Susan)
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Legal Document (Payment Possibly Required) 2 Filed: 2/28/2017, Entered: 2/28/2017
MOTION to Vacate 1 Complaint, Arbitration Award by KONE, Inc., National Elevator Bargaining Association.Motions referred to Ross A Walters(R). Responses due by 3/14/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Brief in Support of Motion to Vacate Arbitration Award, # 2 Appendix Supporting Application to Vacate Arbitration Award, # 3 Affidavit of T. Copeland, Jr., # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12)(Fitzke, Susan)
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Legal Document (Payment Possibly Required) 1 Filed: 2/28/2017, Entered: 2/28/2017
COMPLAINT Petition to Vacate Arbitration Award against All Defendants Filing fee paid in the amount of $ 400, receipt number 0863-3144426., filed by National Elevator Bargaining Association, KONE, Inc.. Notice of Dismissal for lack of Service deadline set for 5/30/2017. Rule 16 Notice of Dismissal set for 6/29/2017.(Fitzke, Susan)
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