Sterling Equipment, Inc. v. International Association of Ironworkers Local 7 et al
Federal Civil Lawsuit Massachusetts District Court, Case No. 1:16-cv-10106
District Judge Richard G. Stearns, presiding

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Last Updated December 28, 2016 at 2:55 AM ST (4.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Sterling Equipment, Inc., Plaintiff

Toggle Switch Represented by Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Erin C. Horton +1 617 348 3025 +1 617 542 2241 echorton@mintz.com
ATTORNEY TO BE NOTICED Donald W. Schroeder +1 617 542 6000 +1 617 542 2241 Dschroeder@mintz.com

Toggle Switch Represented by O'REILLY, GROSSO & GROSS, PC

Name Phone Fax E-Mail
TERMINATED: 03/04/2016 JAMES F. GROSSO +1 508 620 0055 jgrosso@ogglaw.com
TERMINATED: 03/04/2016 Miranda S. Jones +1 508 620 0055 mjones@ogglaw.com
No Logo International Brotherhood of Electrical Workers Local 103, Counter-Claimant

Toggle Switch Represented by Segal Roitman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sasha N. Gillin +1 617 742 0208 sgillin@segalroitman.com
ATTORNEY TO BE NOTICED Paul F. Kelly +1 617 742 0208 +1 617 742 2187 pkelly@segalroitman.com
No Logo International Union of Boiler Makers Local 29, Counter-Claimant

Toggle Switch Represented by Segal Roitman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sasha N. Gillin +1 617 742 0208 sgillin@segalroitman.com
ATTORNEY TO BE NOTICED Paul F. Kelly +1 617 742 0208 +1 617 742 2187 pkelly@segalroitman.com
v.
No Logo International Association of Ironworkers Local 7, Defendant

Toggle Switch Represented by Earleen Sizemore Campaign Committee

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Mickey Long +1 617 269 0229 +1 617 269 0567 mickeylong@outlook.com
No Logo International Brotherhood of Electrical Workers Local 103, Defendant

Toggle Switch Represented by Segal Roitman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sasha N. Gillin +1 617 742 0208 sgillin@segalroitman.com
ATTORNEY TO BE NOTICED Paul F. Kelly +1 617 742 0208 +1 617 742 2187 pkelly@segalroitman.com
No Logo International Union of Boiler Makers Local 29, Defendant

Toggle Switch Represented by Segal Roitman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sasha N. Gillin +1 617 742 0208 sgillin@segalroitman.com
ATTORNEY TO BE NOTICED Paul F. Kelly +1 617 742 0208 +1 617 742 2187 pkelly@segalroitman.com
No Logo Sterling Equipment, Inc., Counter-Defendant

Toggle Switch Represented by O'REILLY, GROSSO & GROSS, PC

Name Phone Fax E-Mail
TERMINATED: 03/04/2016 JAMES F. GROSSO +1 508 620 0055 jgrosso@ogglaw.com
TERMINATED: 03/04/2016 Miranda S. Jones +1 508 620 0055 mjones@ogglaw.com
Citation Section 29 U.S.C. § 160(1)
Nature of Suit 720 - Labor: Labor/Management Relations
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 5/9/2016, Entered: None Court Filing
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE without prejduce(Flaherty, Elaine) (Entered: 05/09/2016)
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    Legal Document (Payment Possibly Required) 52 Filed: 5/9/2016, Entered: None Court Filing
    Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 51 Motion to Withdraw complaint without prejudice (Flaherty, Elaine) (Entered: 05/09/2016)
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      Legal Document (Payment Possibly Required) 51 Filed: 5/6/2016, Entered: None
      MOTION to Withdraw Complaint Without Prejudice by Sterling Equipment, Inc..(Schroeder, Donald) (Entered: 05/06/2016)
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        Legal Document (Payment Possibly Required) 50 Filed: 5/5/2016, Entered: None Court Filing
        Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 48 Motion to Dismiss; granting 49 Motion to Dismiss (Flaherty, Elaine) (Entered: 05/05/2016)
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          Legal Document (Payment Possibly Required) 49 Filed: 5/4/2016, Entered: None
          MOTION to Dismiss Counterclaim by International Brotherhood of Electrical Workers Local 103.(Kelly, Paul) (Entered: 05/04/2016)
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            Legal Document (Payment Possibly Required) 48 Filed: 5/4/2016, Entered: None
            MOTION to Dismiss Counterclaim by International Union of Boiler Makers Local 29.(Kelly, Paul) (Entered: 05/04/2016)
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              Legal Document (Payment Possibly Required) 47 Filed: 5/4/2016, Entered: None Court Filing
              Judge Richard G. Stearns: ELECTRONIC ORDER entered withdrawing 34 Motion to enforce settlement; granting 46 Motion to Withdraw motion 34. (Flaherty, Elaine) (Entered: 05/04/2016)
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                Legal Document (Payment Possibly Required) 46 Filed: 5/3/2016, Entered: None
                MOTION to Withdraw 34 First MOTION Enforcement of Settlemet Agreement filed as Documnet 34 by International Association of Ironworkers Local 7. (Attachments: # 1 Exhibit Settlement Agreement)(Long, Mickey) (Entered: 05/03/2016)
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                  Legal Document (Payment Possibly Required) 45 Filed: 4/26/2016, Entered: None Court Filing
                  Judge Richard G. Stearns: ELECTRONIC ORDER entered STAYING case. This matter is STAYED pending the final disposition of the matters pending before the National Labor Relations Board (NLRB) on the Consolidated Complaint and Notice of Hearing decision of the General Counsel of the Board in Case Nos. 01-CE-165425 and 01-CE-171941, alleging that International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 7, AFL-CIO; International Brotherhood of Electrical Workers, Local 103; Pipefitters Association of Boston, Local 537; a/w United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada; International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Local 29; International Brotherhood of Teamsters, Local 25; Plumbers & Gasfitters UA Local 12; collectively the Unions, have engaged in, and continue to engage in, unfair labor practices in violation of Section 8(e) of the Act, 29 U.S.C. § 158(e). Noting that the NLRB hearings are scheduled to commence on Monday, May 2, 2016, the court directs Sterling to report the NLRB's decision to this court within seven days of its ruling.(Zierk, Marsha) (Entered: 04/26/2016)
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                    Legal Document (Payment Possibly Required) 44 Filed: 3/22/2016, Entered: None
                    MEMORANDUM in Opposition re 34 First MOTION Enforcement of Settlemet Agreement filed filed by Sterling Equipment, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Schroeder, Donald) (Entered: 03/22/2016)
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                      Legal Document (Payment Possibly Required) 43 Filed: 3/22/2016, Entered: None
                      RESPONSE to Motion re 34 First MOTION Enforcement of Settlemet Agreement filed filed by International Brotherhood of Electrical Workers Local 103, International Union of Boiler Makers Local 29. (Attachments: # 1 Exhibit A)(Gillin, Sasha) (Entered: 03/22/2016)
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                        Legal Document (Payment Possibly Required) 42 Filed: 3/21/2016, Entered: None Court Filing
                        Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 41 Motion for Extension of Time to file an Answer until 20 days following the court's decision on Local 7's pending Motion to Enforce Settlement Agreement. (Zierk, Marsha) (Entered: 03/21/2016)
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                          Legal Document (Payment Possibly Required) 41 Filed: 3/18/2016, Entered: None
                          Emergency MOTION for Extension of Time to 20 days following decision on pending motion to File Answer Filed by International Association of Ironworkers Local 7.(Long, Mickey) (Entered: 03/18/2016)
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                            Legal Document (Payment Possibly Required) 40 Filed: 3/17/2016, Entered: None
                            NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 03/17/2016)
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                              Legal Document (Payment Possibly Required) 39 Filed: 3/17/2016, Entered: None Court Filing
                              Transcript of Hearing on Various Motions held on January 28, 2016, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 4/7/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/15/2016. (Scalfani, Deborah) (Entered: 03/17/2016)
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                                Legal Document (Payment Possibly Required) 38 Filed: 3/16/2016, Entered: None Court Filing
                                Judge Richard G. Stearns: ELECTRONIC ORDER entered re 36 Joint submission. Deadline to serve initial disclosures: Fourteen (14) days after the date of the Courts Order on Defendant Local 7s Motion to Enforce Settlement Agreement; Deadline to move to amend pleadings and /or join additional parties: 30 days after the deadline for Initial Disclosures; Deadline to complete all Discovery: 90 days after the date of the court's Order on the Local 7 Motion; Deadline to file Dispositive Motions: Thirty (30) days after the close of all factdiscovery; Oppositions to dispositive motions due within twenty-one (21) days of service of dispositive motions.(Seelye, Terri) (Entered: 03/16/2016)
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                                  Legal Document (Payment Possibly Required) 37 Filed: 3/15/2016, Entered: None
                                  CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by Sterling Equipment, Inc..(Schroeder, Donald) (Entered: 03/15/2016)
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                                    Legal Document (Payment Possibly Required) 36 Filed: 3/15/2016, Entered: None
                                    JOINT SUBMISSION pursuant to Local Rule 16.1 by Sterling Equipment, Inc..(Schroeder, Donald) (Entered: 03/15/2016)
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                                      Legal Document (Payment Possibly Required) 35 Filed: 3/8/2016, Entered: None
                                      CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 34 First MOTION Enforcement of Settlemet Agreement filed by Mickey Long on behalf of International Association of Ironworkers Local 7 filed by on behalf of International Association of Ironworkers Local 7, FILED. (Flaherty, Elaine) (Entered: 03/08/2016)
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                                        Legal Document (Payment Possibly Required) 34 Filed: 3/8/2016, Entered: None
                                        First MOTION Enforcement of Settlemet Agreement filed by International Association of Ironworkers Local 7. (Attachments: # 1 Settlement Agreemnet, # 2 LOA-PLA, # 3 Garraty Arb Award, # 4 AFF Long, # 5 Grosso Proposal, # 6 AFF Paul Lynch, # 7 Email Long to Foley NLRB, # 8 Email Long to Grosso Damages, # 9 Email Grosso Repudiation)(Long, Mickey) (Main Document 34 replaced on 3/8/2016) (Flaherty, Elaine). (Entered: 03/08/2016)
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                                          Legal Document (Payment Possibly Required) 33 Filed: 3/7/2016, Entered: None
                                          ELECTRONIC NOTICE Canceling, in light of the Order 32 entered, the Scheduling Conference set for 3/8/2016. (Seelye, Terri) (Entered: 03/07/2016)
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                                            Legal Document (Payment Possibly Required) 32 Filed: 3/4/2016, Entered: None Court Filing
                                            Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part 31 Motion for Extension of Time until March 15, 2016 to submit a joint scheduling statement to the court. The scheduling conference of March 8, 2016 is CANCELED. The court will schedule a future conference date if necessary. (RGS, int2) (Entered: 03/04/2016)
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                                              Legal Document (Payment Possibly Required) 31 Filed: 3/4/2016, Entered: None
                                              Joint MOTION for Extension of Time for Filing Joint Statement and to Postpone Scheduling Conference (With Proposed Order) by Sterling Equipment, Inc..(Schroeder, Donald) (Entered: 03/04/2016)
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                                                Legal Document (Payment Possibly Required) 30 Filed: 3/4/2016, Entered: None
                                                NOTICE of Withdrawal of Appearance by Miranda S. Jones (Jones, Miranda) (Entered: 03/04/2016)
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                                                  Legal Document (Payment Possibly Required) 29 Filed: 3/4/2016, Entered: None
                                                  NOTICE of Withdrawal of Appearance by James F. Grosso (Grosso, James) (Entered: 03/04/2016)
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                                                    Legal Document (Payment Possibly Required) 28 Filed: 3/3/2016, Entered: None
                                                    NOTICE of Appearance by Erin C. Horton on behalf of Sterling Equipment, Inc. (Horton, Erin) (Entered: 03/03/2016)
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                                                      Legal Document (Payment Possibly Required) 27 Filed: 3/3/2016, Entered: None
                                                      NOTICE of Appearance by Donald W. Schroeder on behalf of Sterling Equipment, Inc. (Schroeder, Donald) (Entered: 03/03/2016)
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                                                        Legal Document (Payment Possibly Required) 26 Filed: 2/16/2016, Entered: None
                                                        ANSWER to Counterclaim by Sterling Equipment, Inc..(Grosso, James) (Entered: 02/16/2016)
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                                                          Legal Document (Payment Possibly Required) 25 Filed: 2/16/2016, Entered: None
                                                          ANSWER to Counterclaim by Sterling Equipment, Inc..(Grosso, James) (Entered: 02/16/2016)
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                                                            Legal Document (Payment Possibly Required) 24 Filed: 2/12/2016, Entered: None
                                                            WAIVER OF SERVICE Returned Executed by Sterling Equipment, Inc.. International Association of Ironworkers Local 7 waiver sent on 1/26/2016, answer due 3/28/2016. (Jones, Miranda) (Entered: 02/12/2016)
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                                                              Legal Document (Payment Possibly Required) 23 Filed: 2/8/2016, Entered: None Court Filing
                                                              NOTICE of Scheduling Conference. Scheduling Conference set for 3/8/2016 at 4:00 PM in Courtroom 21 before Judge Richard G. Stearns. The parties are ORDERED TO FILE, on or before 3/1/16, a JOINT STATEMENT containing a proposed pretrial schedule. (Attachments: # 1 Standing Orders)(Seelye, Terri) (Entered: 02/08/2016)
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                                                                Legal Document (Payment Possibly Required) 22 Filed: 2/4/2016, Entered: None
                                                                ANSWER to 1 Complaint, , COUNTERCLAIM against Sterling Equipment, Inc. by International Brotherhood of Electrical Workers Local 103.(Gillin, Sasha) (Entered: 02/04/2016)
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                                                                  Legal Document (Payment Possibly Required) 21 Filed: 2/4/2016, Entered: None
                                                                  ANSWER to 1 Complaint, , COUNTERCLAIM against Sterling Equipment, Inc. by International Union of Boiler Makers Local 29.(Gillin, Sasha) (Entered: 02/04/2016)
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                                                                    Legal Document (Payment Possibly Required) 20 Filed: 1/28/2016, Entered: None Court Filing
                                                                    Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 1/28/2016 re 7 Proposed MOTION for Order to Stay Arbitration, 5 MOTION to Stay 6 Emergency MOTION for Hearing. Oral argument; Oral order dissolving the TRO and denying 5 Motion to Stay for the reasons stated on the record in open court. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com)(Attorneys present: Attys Grosso, Jones for Plaintiff; Attys Kelly, Gillin, Long for Defendants) (Seelye, Terri) (Entered: 01/28/2016)
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                                                                      Legal Document (Payment Possibly Required) 19 Filed: 1/28/2016, Entered: None
                                                                      MEMORANDUM in Opposition re 5 MOTION to Stay Arbitration filed by International Brotherhood of Electrical Workers Local 103, International Union of Boiler Makers Local 29. (Attachments: # 1 Exhibit 1 - 8(e) dismissal, # 2 Exhibit 2 - response to 8(e) charge, # 3 Exhibit 3 - Local 29 grievance, # 4 Exhibit 4 - notice of hearing)(Kelly, Paul) (Entered: 01/28/2016)
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                                                                        Legal Document (Payment Possibly Required) 18 Filed: 1/28/2016, Entered: None
                                                                        EXHIBIT Corrected #2 by International Association of Ironworkers Local 7. (Long, Mickey) (Entered: 01/28/2016)
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                                                                          Legal Document (Payment Possibly Required) 17 Filed: 1/28/2016, Entered: None
                                                                          EXHIBIT re 15 Opposition to Motion, by International Association of Ironworkers Local 7. (Long, Mickey) (Entered: 01/28/2016)
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                                                                            Legal Document (Payment Possibly Required) 16 Filed: 1/27/2016, Entered: None
                                                                            MEMORANDUM in Support re 5 MOTION to Stay filed by Sterling Equipment, Inc.. (Grosso, James) (Entered: 01/27/2016)
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                                                                              Legal Document (Payment Possibly Required) 15 Filed: 1/27/2016, Entered: None
                                                                              Opposition re 7 Proposed MOTION for Order to Stay Arbitration , 5 MOTION to Stay Arbitration filed by International Association of Ironworkers Local 7. (Attachments: # 1 Exhibit Garraty Award, # 2 Exhibit PLA, # 3 Exhibit Email Collins to Ballard, # 4 Exhibit ULP Charge, # 5 Exhibit ULP Dismissal, # 6 Exhibit Recusal Email, # 7 Exhibit Sterling Date Approvals, # 8 Exhibit Email)(Long, Mickey) (Entered: 01/27/2016)
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                                                                                Legal Document (Payment Possibly Required) 14 Filed: 1/27/2016, Entered: None
                                                                                NOTICE of Appearance by Mickey Long on behalf of International Association of Ironworkers Local 7 (Long, Mickey) (Entered: 01/27/2016)
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                                                                                  Legal Document (Payment Possibly Required) 13 Filed: 1/27/2016, Entered: None
                                                                                  NOTICE of Appearance by Sasha N. Gillin on behalf of International Brotherhood of Electrical Workers Local 103, International Union of Boiler Makers Local 29 (Gillin, Sasha) (Entered: 01/27/2016)
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                                                                                    Legal Document (Payment Possibly Required) 12 Filed: 1/27/2016, Entered: None
                                                                                    NOTICE of Appearance by Paul F. Kelly on behalf of International Brotherhood of Electrical Workers Local 103, International Union of Boiler Makers Local 29 (Kelly, Paul) (Entered: 01/27/2016)
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                                                                                      Legal Document (Payment Possibly Required) 11 Filed: 1/27/2016, Entered: None Court Filing
                                                                                      ELECTRONIC NOTICE Setting Hearing on 5 MOTION to Stay : Motion Hearing set for 1/28/2016 at 12:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 01/27/2016)
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                                                                                        Legal Document (Payment Possibly Required) 10 Filed: 1/26/2016, Entered: None
                                                                                        CERTIFICATE OF SERVICE pursuant to LR 5.2 by Sterling Equipment, Inc. re 7 Proposed MOTION for Order to Stay Arbitration , 8 Notice of Appearance, 1 Complaint, 5 MOTION to Stay , 6 Emergency MOTION for Hearing re 5 MOTION to Stay . (Grosso, James) (Entered: 01/26/2016)
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                                                                                          Legal Document (Payment Possibly Required) 9 Filed: 1/26/2016, Entered: None Court Filing
                                                                                          Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 6 Motion for Hearing. The court sets an emergency hearing on the motion to stay for Thursday January 28, 2016, at noon in Courtroom 21 on the 7th floor of the John Joseph Moakley U.S. Courthouse. As no return of service appears on the docket, it is plaintiff's obligation to notify defendants of the hearing and demonstrate service prior to the hearing. The arbitration is STAYED until the court can sort out the pertinent underlying facts, issues, and the parties' legal positions. SO ORDERED. (Zierk, Marsha) (Entered: 01/26/2016)
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                                                                                            Legal Document (Payment Possibly Required) 8 Filed: 1/26/2016, Entered: None
                                                                                            NOTICE of Appearance by James F. Grosso on behalf of Sterling Equipment, Inc. (Grosso, James) (Entered: 01/26/2016)
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                                                                                              Legal Document (Payment Possibly Required) 7 Filed: 1/26/2016, Entered: None
                                                                                              Proposed MOTION for Order to Stay Arbitration by Sterling Equipment, Inc..(Grosso, James) (Entered: 01/26/2016)
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                                                                                                Legal Document (Payment Possibly Required) 6 Filed: 1/26/2016, Entered: None
                                                                                                Emergency MOTION for Hearing re 5 MOTION to Stay by Sterling Equipment, Inc..(Grosso, James) (Entered: 01/26/2016)
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                                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 1/26/2016, Entered: None
                                                                                                  MOTION to Stay by Sterling Equipment, Inc.. (Attachments: # 1 Affidavit)(Grosso, James) (Entered: 01/26/2016)
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                                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 1/26/2016, Entered: None Court Filing
                                                                                                    ELECTRONIC NOTICE of Reassignment. Judge Richard G. Stearns added. (Abaid, Kimberly) (Entered: 01/26/2016)
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                                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 1/25/2016, Entered: None
                                                                                                      Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Castilla, Francis) (Entered: 01/25/2016)
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                                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 1/25/2016, Entered: None Court Filing
                                                                                                        NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. (Abaid, Kimberly) (Entered: 01/25/2016)
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                                                                                                          Legal Document (Payment Possibly Required) 1 Filed: 1/25/2016, Entered: None
                                                                                                          COMPLAINT against All Defendants, filed by Sterling Equipment, Inc.. ( Filing fee: $ 400, receipt number 0101-5942996 Fee Status: Filing Fee paid (Attachments: # 1 Civil Cover Sheet)(Castilla, Francis) (Additional attachment(s) added on 1/25/2016: # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Castilla, Francis). (Entered: 01/25/2016)
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