|
|
U.S. District Court Western District of New York (Buffalo) CIVIL DOCKET FOR CASE #: 97-CV-833 Fasciana, et al v. Coia, et al Filed: 10/20/97 Assigned to: USDJ Richard J. Arcara Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 720 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 29:185 Labor/Mgt. Relations (Contracts) Case type: 1. civil 2. null
IGNATIUS FASCIANA Eugene Tenney
plaintiff [COR LD NTC]
The Law Office of Eugene C.
Tenney, Esq.
42 Delaware Avenue
Suite 700
Buffalo, NY 14202
716-853-1887
CHARLOTTE E. FASCIANA Eugene Tenney
plaintiff (See above)
[COR LD NTC]
v.
ARTHUR A. COIA, General Mark R. Uba
President of Laborers' [COR LD NTC]
International Union of North Connors & Vilardo
America 1020 Liberty Bldg.
defendant Buffalo, NY 14202
716-852-5533
Lawrence J. Vilardo
[COR LD NTC]
Connors & Vilardo
1020 Liberty Building
420 Main Street
Buffalo, NY 14202
716-852-5533
LABORERS' INTERNATIONAL UNION Mark R. Uba
OF NORTH AMERICA (See above)
defendant [COR LD NTC]
Lawrence J. Vilardo
(See above)
[COR LD NTC]
ROBERT D. LUSKIN, individually Mark R. Uba
and as the General Executive (See above)
Board Attorney of the [COR LD NTC]
Laborers' International Union
of North America Lawrence J. Vilardo
defendant (See above)
[COR LD NTC]
COMEY, BOYD & LUSKIN Mark R. Uba
defendant (See above)
[COR LD NTC]
Lawrence J. Vilardo
(See above)
[COR LD NTC]
DANIEL A. BRAUN, individually Mark R. Uba
and as General Executive Board (See above)
Attorney of the Laborers' [COR LD NTC]
International Union of North
America Lawrence J. Vilardo
defendant (See above)
[COR LD NTC]
JOHN J. CURRAN, individually Mark R. Uba
and as General Executive Board (See above)
Attorney of the Laborers' [COR LD NTC]
International Union of North
America Lawrence J. Vilardo
defendant (See above)
[COR LD NTC]
DATE # DOCKET ENTRY
10/20/97 1 NOTICE OF REMOVAL; FILING FEE $ 150.00 RECEIPT # 60410
(dh) [Entry date 10/20/97]
10/20/97 -- Notice of Removal form mailed to: Eugene C. Tenney, Esq.
and Lawrene J. Vilardo, Esq. (dh) [Entry date 10/20/97]
10/23/97 2 ORDER REFERRING CASE to USMJ Leslie G. Foschio for all
pre-trial matters including non-dispositive and dispositive
motions ( signed by USDJ Richard J. Arcara ) Notice and
copy sent to Lawrence Vilardo, Eugene Tenney . (dh)
[Entry date 10/23/97]
10/28/97 3 ORDER: Granting request of counsel for defendants to
Extend Time to respond; set Answer deadline to 11/3/97
for John J. Curran, Daniel A. Braun, Comey, Boyd & Luskin,
Robert D. Luskin, Laborers' Int'l N.A., and Arthur A. Coia
( signed by USMJ Leslie G. Foschio ) Notice and copy of
order sent to Lawrence J. Vilardo, Eugene Tenney (dh)
[Entry date 10/28/97]
11/3/97 4 ANSWER to Complaint by Arthur A. Coia, Laborers' Int'l
N.A., Robert D. Luskin, Comey, Boyd & Luskin, Daniel A.
Braun, John J. Curran (Attorney Mark Richard Uba), (jd)
[Entry date 11/04/97]
11/17/97 5 ORDER: Parties shall submit a proposed scheduling order
governing further proceedings in this case; set Brief
deadline to 12/15/97 ( signed by USMJ Leslie G. Foschio )
Notice and copy of order sent to Mark Richard Uba, Lawrence
J. Vilardo, Eugene Tenney (dh) [Entry date 11/17/97]
11/18/97 6 MOTION by Ignatius Fasciana and Charlotte E. Fasciana to
Remand, together with attached affidavit and exhibits (dh)
[Entry date 11/19/97]
11/18/97 7 DEMAND for jury trial by Ignatius Fasciana and Charlotte E.
Fasciana (dh) [Entry date 11/19/97]
2/23/98 -- NOTICE: Status conference set at 9:00 on 3/2/98 (RJA) (ds)
[Entry date 02/25/98]
3/2/98 -- Status conference held; the court will decide the motion
for remand on this case and 97-cv-33A, 97-cv-34A and
97-cv-35A and 97-cv-36A as well as another related case
currently pending before the Magistrate Judge (97-cv-832A);
the Court will require briefing on 97-cv-832A and
97-cv-833A with respect to an analysis of each element of
the claims set forth and whether each element requires an
interpretation of the union's constitution as follows:
03/31/98 - plaintiff's papers due; 04/21/98 - defendants'
response papers due; 04/28/98 - plaintiff's reply papers
due; and 05/13/98 - oral argument at 09:00 a.m. (RJA) (ds)
[Entry date 03/20/98]
3/2/98 -- Oral argument/status conference set at 9:00 on 5/13/98 (ds)
[Entry date 03/20/98]
3/31/98 8 AFFIDAVIT of Edward J. Schwendler, III, counsel for
Ignatius Fasciana and Charlotte E. Fasciana, in support of
[6-1] motion to Remand (ds) [Entry date 03/31/98]
4/21/98 9 MEMORANDUM OF LAW by defendants in opposition to [6-1]
motion to Remand by Charlotte E. Fasciana, and Ignatius
Fasciana (ds) [Entry date 04/22/98]
4/21/98 10 AFFIDAVIT/DECLARATION of Robert D. Luskin, counsel for
defendants, in opposition to [6-1] motion to Remand by
Charlotte E. Fasciana, and Ignatius Fasciana (ds)
[Entry date 04/22/98]
5/13/98 -- Motion hearing re: [6-1] motion to Remand by Charlotte E.
Fasciana, and Ignatius Fasciana adjourned; court will
decide the motion on the papers; order to follow; no
appearances (RJA) (ds) [Entry date 05/21/98]
6/15/98 11 ORDER denying plaintiffs' [6-1] motion to remand action to
state court; in addition, to the extent that any of
plaintiffs' remaining claims are not pre-empted, the Court
shall exercise supplemental jurisdiction over those claims.
This case is referred back to the Magistrate Judge for
further proceedings ( signed by USDJ Richard J. Arcara )
Notice and copy of order sent to Mark Richard Uba, Lawrence
J. Vilardo, Eugene Tenney (ds) [Entry date 06/16/98]
7/28/98 12 ORDER: Defendants have stated their intention to file
dispositive motions which, if successful, would result in
the case being dismissed; plaintiffs agree that entry of a
general case management order should await the outcome of
defendants' motion. Accordingly, defendants' motion to
dismiss shall be filed not later than 9/30/98; defendants'
reply, if any, shall be filed not later than 12/4/98;
plaintiffs' responses shall be filed not later than
11/16/98 ( signed by USMJ Leslie G. Foschio ) Notice and
copy of order sent to Mark Richard Uba, Lawrence J.
Vilardo, Eugene Tenney (ds) [Entry date 07/28/98]
9/30/98 13 SEALED DOCUMENT (mj) [Entry date 10/01/98]
9/30/98 14 SEALED DOCUMENT (mj) [Entry date 10/01/98]
9/30/98 15 SEALED DOCUMENT (mj) [Entry date 10/01/98]
9/30/98 16 SEALED DOCUMENT (mj) [Entry date 10/01/98]
10/2/98 17 CERTIFIED COPY OF ORDER: Granting request of Edward J.
Schwendler, III to exceed 25-page limit in filing his
responding papers ( signed by USMJ Leslie G. Foschio )
Notice and copy of order sent to Mark Richard Uba, Lawrence
J. Vilardo, Eugene Tenney (ds) [Entry date 10/05/98]
10/6/98 18 Certified copy of letter to Magistrate Judge Foschio from
Attorney Mark Uba dated 10/05/98 (ds) [Entry date 10/06/98]
11/16/98 19 MOTION by plaintiffs for an Order declaring that the
amendment in the amended complaint was proper pursuant to
CPLR 3025(a), or for an Order permitting the amendments
pursuant to FRCP 15 with affidavit in support. (jd)
[Entry date 11/17/98]
11/16/98 20 STATEMENT OF DISPUTED FACTS by plaintiffs in response to
defendants Statement of Undisputed Facts pursuant to Local
Rule 56 (jd) [Entry date 11/17/98]
11/16/98 21 MEMORANDUM OF LAW by plaintiffs in opposition to defendants
motion to dismiss/for summary judgment.** Summary Judgment
Motion Sealed** (jd) [Entry date 11/17/98]
11/16/98 22 STATEMENT OF UNDISPUTED FACTS by plaintiffs pursuant to
Local Rule 56 (jd) [Entry date 11/17/98]
11/16/98 23 AFFIDAVIT by Edward J. Schwendler III counsel for plaintiffs
in opposition to defendants motion to dismiss/for summary
judgment. **Summary Judgment Motion Sealed.** (jd)
[Entry date 11/17/98] [Edit date 11/17/98]
11/16/98 24 CERTIFICATE OF SERVICE by plaintiffs re: [23-1] opposition
affidavit, [22-1] Statement of facts , [21-1] opposition
memorandum, [20-1] Statement of facts , [19-1] Motion and
[19-2] Motion (jd) [Entry date 11/17/98]
12/4/98 25 REPLY MEMORANDUM by Arthur A. Coia, Laborers' Int'l N.A.,
Robert D. Luskin, and Comey, Boyd & Luskin, Daniel A.
Braun, John J. Curran in support of SEALED [17-2] motion (ds)
[Entry date 12/07/98]
9/7/99 26 REPORT AND RECOMMENDATIONS of USMJ Leslie G. Foschio.
Defendants' motion to dismiss (Sealed Docket Item No. 13)
should be granted and the action should be dismissed with
prejudice; plaintiff's motion to declare the correction
contained in amended complaint proper (Docket Item No. 19)
is dismissed as moot; Case no longer referred to USMJ Leslie
G. Foschio Notice and copy to Mark R. Uba, Lawrence J.
Vilardo, Eugene Tenney Objections due ten days from receipt.
(ds) [Entry date 09/08/99] [Edit date 09/08/99]
9/20/99 27 OBJECTION by Ignatius and Charlotte E. Fasciana to [26-1]
report and recommendations (ds) [Entry date 09/20/99]
9/20/99 28 AFFIDAVIT/CERTIFICATE OF SERVICE by plaintiffs [27-1] re:
objections (ds) [Entry date 09/20/99]
10/1/99 -- NOTICE: Oral argument re: objections to Magistrate Judge's
Report and Recommendation set for 09:00 a.m. on 11/23/99;
responses set for 10/18/99 ; no replies will be accepted -
RJA (ds) [Entry date 10/05/99]
10/18/99 29 RESPONSE by defendants Laborers' Int'l N.A., Robert D.
Luskin, Comey, Boyd & Luskin, Daniel A. Braun, John J.
Curran to plaintiffs [27-1] objections (jd)
[Entry date 10/18/99]
11/23/99 -- Minute entry: Oral argument on plaintiff's objections to
report and recommendation; argument held; the court will
permit the parties to submit further cases within the next
24 hours without a memorandum of law; decision reserved;
order to follow - RJA (ds) [Entry date 12/08/99]
3/31/00 30 DECISION AND ORDER: For the reasons as discussed in said
order, in the Magistrate Judge's Report, and in this
Court's June 1998 Decision and Order, the court hereby
dismisses counts two and three of the amended complaint as
pre-empted; as to count four, Mrs. Fasciana's loss of
consortium claim is also dismissed. The Clerk of the Court
is hereby directed to enter judgment in favor of defendants
and close the case ( signed by USDJ Richard J. Arcara )
Notice and copy of order sent to Mark R. Uba, Lawrence J.
Vilardo, Eugene Tenney (ds) [Entry date 03/31/00]
3/31/00 31 JUDGMENT on decision of court (CLERK) Notice and copy of
judgment sent to Mark R. Uba, Lawrence J. Vilardo, Eugene
Tenney (ds) [Entry date 03/31/00]
3/31/00 -- Case closed (ds) [Entry date 03/31/00]
4/27/00 32 NOTICE OF APPEAL by Ignatius Fasciana, Charlotte E.
Fasciana . Fee Status: Paid $105.00 (copy to Mark Uba,
Lawrence Vilardo, and to Clerk, USCA, with copy of docket
entries) (USCA Forms C and D to Edward J. Schwendler, III)
(dr) [Entry date 04/27/00]
5/30/00 -- Received USCA Scheduling Order Re: [32-1] appeal by
Charlotte E. Fasciana, Ignatius Fasciana USCA NUMBER:
00-7539 Appeal record due on 6/19/00 (dr)
[Entry date 05/30/00]
6/19/00 -- Certified and transmitted index to record on appeal to U.S.
Court of Appeals: [32-1] appeal by Charlotte E. Fasciana,
Ignatius Fasciana (dr) [Entry date 06/19/00]
Case Flags: APPEAL CLOS00 END OF DOCKET: 1:97cv833 |
|
IPSN © 1997-2006 All Rights reserved. Not for republication on the
internet without permission. |