Local 18 International Union of Operating Engineers v. Ohio Contractors Association

Federal Civil Lawsuit Ohio Northern District Court, Case No. 1:14-cv-01672
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Last Updated February 6, 2019 at 6:55 AM EST (7.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Local 18 International Union of Operating Engineers, Petitioner

Represented by Fadel & Beyer

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Timothy R. Fadel +1 440 333 2050 +1 440 333 1695 tfadel@FadelBeyer.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jonah D. Grabelsky +1 440 333 2050 +1 440 333 1695 jgrabelsky@FadelBeyer.com
v.
No Logo Ohio Contractors Association, Respondent

Represented by Dunlevey, Mahan & Furry - 3

Name Phone Fax E-Mail
TERMINATED: 05/05/2017, ATTORNEY TO BE NOTICED Amy Christine Mitchell +1 937 223 6003 acm@dmfdayton.com

Represented by Taft Stettinius & Hollister LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Thomas Dunlevey +1 937 641 1743 rdunlevey@taftlaw.com
Attributes
Citation Section 29 U.S.C. § 185
Nature of Suit 720 - Labor: Labor/Management Relations
Timeline
  Entries (30) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 22 Filed: 5/5/2017, Entered: None Unknown Document Type
Notice of Substitution of Counsel removing attorney Amy C. Mitchell and adding attorney Robert T. Dunlevey and notice of change of address filed on behalf of Ohio Contractors Association. (Dunlevey, Robert) Modified text on 5/8/2017 (P,WL). (Entered: 05/05/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 6/30/2016, Entered: None Unknown Document TypeCourt Filing
Order For the reasons stated in the Order, Plaintiff's Motion to Compel Arbitration is granted (Related Doc # 18 ). Signed by Judge Dan Aaron Polster on 6/30/2016.(K,K) (Entered: 06/30/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 6/10/2016, Entered: None Unknown Document Type
Reply to Opposition to 18 Motion to Compel Arbitration filed by Local 18 International Union of Operating Engineers. Related document(s) 19 . (Fadel, Timothy) Modified text, added link on 6/13/2016 (S,SR). (Entered: 06/10/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 6/3/2016, Entered: None Unknown Document Type
Opposition to 18 Motion to Compel Arbitration filed by Ohio Contractors Association. (Mitchell, Amy) (Entered: 06/03/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 5/27/2016, Entered: None Unknown Document Type
Motion to Compel Arbitration filed by Petitioner Local 18 International Union of Operating Engineers. (Fadel, Timothy)s/ by Jonah D. Grabelsky. Modified text on 5/31/2016 (S,SR). (Entered: 05/27/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 5/20/2016, Entered: None Unknown Document TypeCourt Filing
Order The Court has reviewed letters recently submitted from both parties regarding how to proceed with this case following remand from the Sixth Circuit. The Union asks the Court to issue an order compelling arbitration, while the Employer seeks discovery and further briefing. Consequently, the Court hereby DIRECTS the Union to file a formal Motion to Compel Arbitration no later than 4:00 p.m. on Friday, May 27, 2016; the Employer to file a Response Brief no later than 4:00 p.m. on Friday, June 3, 2016, and the Union to file a Reply Brief no later than 4:00 p.m. on Friday, June 10, 2016. Signed by Judge Dan Aaron Polster on 5/20/2016. (K,K) (Additional attachment(s) added on 5/20/2016: # 1 Corrected Order - reply due 6/10/2016) (K,K). (Entered: 05/20/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 4/25/2016, Entered: None Unknown Document Type
True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's judgment, and the case is Remanded for further proceedings re 13 Notice of Appeal (USCA# 14-4294). Date issued as mandate 4/21/16; Costs: None (H,SP) (Entered: 04/25/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 1/2/2015, Entered: None Unknown Document Type
Acknowledgment from the USCA for Sixth Circuit of receipt of 13 Notice of Appeal (USCA# 14-4294). Date filed in USCA 12/31/14. (H,SP) (Entered: 01/02/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 12/29/2014, Entered: None Unknown Document Type
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 11 Memorandum of Opinion and Order and 12 Judgment Entry of 12/19/14, filed by Local 18 International Union of Operating Engineers. (Filing fee of $505 paid, receipt number 0647-6888224) (Fadel, Timothy). Modified text on 12/30/2014 (H,SP). (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 12/19/2014, Entered: 12/19/2014 Unknown Document TypeCourt Filing
Judgment Entry terminating case pursuant to FRCP 58. Judge Dan Aaron Polster on 12/19/14. (P,R)
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Legal Document (Payment Possibly Required) 11 Filed: 12/19/2014, Entered: 12/19/2014 Unknown Document TypeCourt Filing
Memorandum of Opinion and Order granting Defendant's Motion to dismiss for failure to state a claim (Related Doc # 7 ). Judge Dan Aaron Polster on 12/19/14.(P,R)
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Legal Document (Payment Possibly Required) 10 Filed: 11/13/2014, Entered: None Unknown Document Type
Reply in support of 7 Motion to dismiss for failure to state a claim filed by Ohio Contractors Association. (Mitchell, Amy) (Entered: 11/13/2014)
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Legal Document (Payment Possibly Required) 9 Filed: 11/3/2014, Entered: None Unknown Document Type
Opposition to 7 Motion to dismiss for failure to state a claim filed by Local 18 International Union of Operating Engineers. (Grabelsky, Jonah) (Entered: 11/03/2014)
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Legal Document (Payment Possibly Required) 8 Filed: 10/28/2014, Entered: 10/28/2014 Unknown Document Type
Motion for leave to exceed page limitations for Memoranda as Set Forth in Local Rule 7.1(f) filed by Petitioner Local 18 International Union of Operating Engineers. (Grabelsky, Jonah s/Timothy Fadel) Modified text 10/29/2014 (C,KA).
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Legal Document (Payment Possibly Required) 7 Filed: 10/1/2014, Entered: None Unknown Document Type
Motion to dismiss for failure to state a claim filed by Respondent Ohio Contractors Association. Related document(s) 5 . (Mitchell, Amy) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 8/28/2014, Entered: 8/28/2014 Unknown Document Type
Motion for extension of time until 10/1/2014 to answer First Amended Complaint filed by Respondent Ohio Contractors Association. Related document(s) 5 . (Attachments: # 1 Exhibit Proposed Order)(Mitchell, Amy)
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Legal Document (Payment Possibly Required) 5 Filed: 8/20/2014, Entered: 8/20/2014 Unknown Document Type
First Amended complaint against Ohio Contractors Association. Filed by Local 18 International Union of Operating Engineers. (Grabelsky, Jonah)
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Legal Document (Payment Possibly Required) 4 Filed: 7/30/2014, Entered: None Unknown Document Type
Magistrate Consent Form issued. (C,B) (Entered: 07/30/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 7/30/2014, Entered: None Unknown Document Type
Answer to Complaint (Related Doc # 1 ) filed by Ohio Contractors Association. (Mitchell, Amy) (Entered: 07/30/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 7/30/2014, Entered: None Unknown Document Type
Corporate Disclosure Statement filed by Ohio Contractors Association. (Mitchell, Amy) (Entered: 07/30/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 7/30/2014, Entered: 7/30/2014 Unknown Document Type
Notice of Removal from Cuyahoga County Common Pleas Court, case number CV-14-829165, Filing fee $ 400, receipt number 0647-6657425. Filed by Ohio Contractors Association. (Attachments: # 1 Exhibit A - Petition, # 2 Exhibit B - Notice of Filing Notice of Removal, # 3 Civil Cover Sheet) (Mitchell, Amy) Modified text on 7/30/2014 (C,B).
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Legal Document (Payment Possibly Required)  Filed: 2/19/2016, Entered: None Unknown Document Type
IMPORTANT: Notice [non-document] of Telephone Conference set for 2/19/2016 at 12:30 PM Judge Dan Aaron Polster. (K,K)
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Legal Document (Payment Possibly Required)  Filed: 2/19/2016, Entered: None Unknown Document Type
Minutes of proceedings [non-document] Following Sixth Circuit remand, the Court held a teleconference with Attorneys Jonah Gabrlsky and Timothy Fadel for Plaintiff, and Attorney Amy Mitchell for Defendant on 2/19/2016 to determine how to proceed with this matter. As a result of discussions, nothing further was scheduled. (Court Reporter: n/a.)Time: 15 minutes. (K,K)
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Legal Document (Payment Possibly Required)  Filed: 10/29/2014, Entered: None Unknown Document Type
Order [non-document] granting Petitioner's Motion to exceed page limitations (Related Doc # 8 ). Judge Dan Aaron Polster on 10/29/14.(P,R)
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Legal Document (Payment Possibly Required)  Filed: 8/28/2014, Entered: None Unknown Document Type
Order [non-document] granting 6 Defendant's Motion for Extension of Time until 10/1/2014 to answer First Amended Complaint. Judge Dan Aaron Polster on 8/28/14.(P,R)
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Legal Document (Payment Possibly Required)  Filed: 8/19/2014, Entered: None Unknown Document Type
Minutes of proceedings [non-document] before Judge Dan Aaron Polster.Teleconference held on 8/18/14 with counsel of record. As a result of discussions, the parties agreed to the following briefing schedule: Respondent to file a motion to dismiss no later than October 1, 2014, Petitioner to file a response brief no later than November 3, 2014 and Defendant to file a reply brief no later than November 13, 2014. Nothing further scheduled.Time: 20 Minutes. (S,R)
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Legal Document (Payment Possibly Required)  Filed: 8/15/2014, Entered: None Unknown Document Type
Notice [non-document] - 8/18/2014 Telephone Conference reset for 4:30 PM (change of time only). (P,R)
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Legal Document (Payment Possibly Required)  Filed: 7/31/2014, Entered: None Unknown Document Type
Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Upon reviewing the complaint and answer, on 7/31/14, the Court held a teleconference with Timothy Fadel, Petitioner's counsel, and Amy Mitchell, Respondent's counsel, to determine how to proceed most efficiently in this matter. As a result of discussions, the Court directs parties to discuss either submitting the matter to an arbiter or, instead, having the Court decide what the rate should be. A follow-up teleconference is scheduled for 2:30 on Monday, 8/18/2014. The Court will separately email counsel new call-in instructions. Time: 20 min. (P,R)
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Legal Document (Payment Possibly Required)  Filed: 7/30/2014, Entered: None Unknown Document Type
Judge Dan Aaron Polster assigned to case. (C,B)
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Legal Document (Payment Possibly Required)  Filed: 7/30/2014, Entered: None Unknown Document Type
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (C,B)
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