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[June 11, 2014]

U.S. District Court


Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:90-cv-05722-RMB-THK
United States Of, et al v. District Council Of, et al
Assigned to: Judge Richard M. Berman
Referred to: Magistrate Judge Theodore H. Katz
Demand: $0
Related Cases:
1:08-cv-06959-CSH-THK
1:08-cv-03329-RMB
1:10-cv-08120-LAP
1:13-cv-04473-RMB
Similar Case:
1:12-cv-00130-RMB
Case in other court:
USCA 2nd Circuit, 09-02972-cv(L)
USCA 2nd Circuit, 09-02982-cv(CON)
USCA 2nd Circuit, 09-02984-cv(CON)
USCA 2nd Circuit, 09-03016-cv(CON)
Cause: 18:1962 Racketeering (RICO) Act
Date Filed: 09/06/1990
Jury Demand: None
Nature of Suit: 470 Racketeer/CorruptOrganization
Jurisdiction: Federal Question
History
Doc.
No.
Dates Description

Filed &
Entered:
06/06
/2014
Set/Reset Hearings
Docket Text: Set/Reset Hearings: Status Conference set for 9/10/2014 at 11:30 AM
before Judge Richard M. Berman. (ja)
1535
Filed &
Entered:
06/06
/2014
Order on Motion for Conference
Docket Text: ORDER terminating [1533] Letter Motion for Conference re: [1533]
JOINT LETTER MOTION for Conference Concerning the Stipulation and Order
Regarding Appointment of an Independent Monitor addressed to Judge Richard M.
Berman from Tara M. La Morte dated June 4, 2014. The September hearing will be
held on September 10, 2014 at 11:30 a.m. Written comments regarding the proposed
Stipulation and Order and Independent Monitor should be served and filed any time
on or before August 11, 2014. The Court would appreciate and expect written
comments from, among others, Mr. Walsh. (Signed by Judge Richard M. Berman on
6/6/2014) (ja)
1533
Filed &
Entered:
06/0
4/20
14
Terminated
:
06/0
6/20
14
Motion for Conference
Docket Text: JOINT LETTER MOTION for Conference Concerning the Stipulation
and Order Regarding Appointment of an Independent Monitor addressed to Judge
Richard M. Berman from Tara M. La Morte dated June 4, 2014. Document filed by
United States of America.(La Morte, Tara)
1534
Filed &
Entered:
06/04
/2014
Notice (Other)
Docket Text: NOTICE of The Eighth Interim Report of the Review Officer.
Document filed by Dennis Walsh. (Attachments: # (1) The Eighth Interim Report of
the Review Officer, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, #
(6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11)
Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Certificate of Service)
(Rohde, Bridget)
1531
Filed &
Entered:
06/03
/2014
Notice (Other)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of of
Filing of the Eighth Interim Report of the Review Officer. Document filed by Dennis
Walsh. (Attachments: # (1) The Eight Interim Report of the Review Officer, # (2)
Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7)
Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12)
Exhibit 11, # (13) Exhibit 12, # (14) Certificate of Service)(Rohde, Bridget)
Modified on 6/3/2014 (ka).
1532
Filed &
Entered:
06/03
/2014
Notice (Other)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of
Filing of the Eighth Interim Report of the Review Officer. Document filed by Dennis
Walsh. (Attachments: # (1) Eighth Interim Report of the Review Officer, # (2)
Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7)
Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12)
Exhibit 11, # (13) Exhibit 12, # (14) Certificate of Service)(Rohde, Bridget)
Modified on 6/4/2014 (ldi).
1530
Filed &
Entered:
05/29
/2014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1529] Letter, filed by Levi
Messenetti, Patrick Nee. ENDORSEMENT: The Court anticipates conducting a
hearing (public) so that interested parties can be heard -- well before any
modifications to the Stipulation & Order. The hearing is likely to be held after Labor
Day but has not yet been scheduled. (Signed by Judge Richard M. Berman on
5/29/2014) (tn) Modified on 5/30/2014 (lb).

Filed &
Entered:
05/28
/2014
Note to Attorney to Re-File Document - Event Type Error
Docket Text: ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT
TYPE ERROR. Note to Attorney Tara Marie La Morte to RE-FILE Document
[1513] JOINT MOTION Entry of Stipulation and Order Regarding
Appointment of an Independent Monitor . Use the event type Memorandum in
Support (non-motion) found under the event list Other Answers. (db)
Note to Attorney to Re-File Document - Event Type Error

Filed &
Entered:
05/28
/2014
Docket Text: ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT
TYPE ERROR. Note to Attorney Tara Marie La Morte to RE-FILE Document
[1515] Declaration in Support of Motion,, [1520] Declaration in Support of
Motion, [1514] Declaration in Support of Motion, [1517] Declaration in Support
of Motion, [1519] Declaration in Support of Motion, [1518] Declaration in
Support of Motion,. Use the event type Declaration in Support (non-motion)
found under the event list Other Answers, then link to memorandum when it is
refiled. (db)
1521
Filed &
Entered:
05/28
/2014
Order
Docket Text: INTERIM ORDER re: [991] Stipulation and Order. We'll get to it as
soon as feasible. SO ORDERED. (Signed by Judge Richard M. Berman on
5/28/2014) (ja)
1522
Filed &
Entered:
05/28
/2014
Memorandum of Law in Support
Docket Text: JOINT MEMORANDUM OF LAW in Support of Entry of a
Stipulation and Order Regarding Appointment of an Independent Monitor.
Document filed by United States of America. (Attachments: # (1) Exhibit Proposed
Stipulation and Order Regarding Appointment of an Independent Monitor, # (2)
Exhibit Proposed Interim Order)(La Morte, Tara)
1523
Filed &
Entered:
05/28
/2014
Declaration in Support
Docket Text: DECLARATION of Tara M. La Morte in Support re: [1522]
Memorandum of Law in Support,. Document filed by United States of America.
(Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(La Morte, Tara)
1524
Filed &
Entered:
05/28
/2014
Declaration in Support
Docket Text: DECLARATION of Raymond McGuire in Support re: [1522]
Memorandum of Law in Support,. Document filed by United States of America.
(Attachments: # (1) Exhibit A - Second McGuire Declaration, # (2) Exhibit B - Ryk
Tierney Declaration, # (3) Exhibit C - Charles Virginia Declaration, # (4) Exhibit D -
Julie Block Declaration)(La Morte, Tara)
1525
Filed &
Entered:
05/28
/2014
Declaration in Support
Docket Text: DECLARATION of Joseph Geiger in Support re: [1522] Memorandum
of Law in Support,. Document filed by United States of America. (La Morte, Tara)
1526
Filed &
Entered:
05/28
/2014
Declaration in Support
Docket Text: DECLARATION of Scott C. Danielson in Support. Document filed by
United States of America. (La Morte, Tara)
1527
Filed &
Entered:
05/28
/2014
Declaration in Support
Docket Text: DECLARATION of Matthew Walker in Support. Document filed by
United States of America. (Attachments: # (1) Exhibit A)(La Morte, Tara)
1528
Filed &
Entered:
05/28
/2014
Declaration in Support
Docket Text: DECLARATION of F. Josiah Leicht in Support. Document filed by
United States of America. (Attachments: # (1) Leicht Declaration (part 2))(La Morte,
Tara)
1511
Filed &
Entered:
05/27
/2014
Notice of Appearance
Docket Text: NOTICE OF APPEARANCE by Theresa Jeane Lee on behalf of
N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of
Carpenters. (Lee, Theresa)
1512
Filed &
Entered:
05/27
/2014
Brief
Docket Text: JOINT BRIEF in Support of Entry of Stipulation and Order Regarding
Appointment of an Independent Monitor. Document filed by United States of
America. (Attachments: # (1) Text of Proposed Order proposed Stipulation and
Order, # (2) Text of Proposed Order proposed Interim Order)(La Morte, Tara)
1513
Filed &
Entered:
05/2
7/20
14
Terminated
:
05/2
7/20
14
Motion for Miscellaneous Relief
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - JOINT MOTION Entry of Stipulation and Order Regarding Appointment
of an Independent Monitor . Document filed by United States of America.
(Attachments: # (1) Text of Proposed Order proposed Stipulation and Order, # (2)
Text of Proposed Order proposed Interim Order)(La Morte, Tara) Modified on
5/28/2014 (db).
1514
Filed &
Entered:
05/27
/2014
Declaration in Support of Motion
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - DECLARATION of Tara M. La Morte in Support re: [1513] JOINT
MOTION Entry of Stipulation and Order Regarding Appointment of an Independent
Monitor .. Document filed by United States of America. (Attachments: # (1) Exhibit
Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C)(La Morte, Tara)
Modified on 5/28/2014 (db).
1515
Filed &
Entered:
05/27
/2014
Declaration in Support of Motion
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - DECLARATION of Raymond McGuire in Support re: [1513] JOINT
MOTION Entry of Stipulation and Order Regarding Appointment of an Independent
Monitor .. Document filed by United States of America. (Attachments: # (1) Exhibit
Exhibit A - Second McGuire Declaration, # (2) Exhibit Exhibit B - Tierney
Declaration, # (3) Exhibit Exhibit C - Virginia Declaration, # (4) Exhibit Exhibit D -
Block Declaration)(La Morte, Tara) Modified on 5/28/2014 (db).
1516
Filed &
Entered:
05/27
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La
Morte dated May 27, 2014 re: Entry of the Proposed Stipulation and Order
Regarding the Appointment of an Independent Monitor. Document filed by United
States of America.(La Morte, Tara)
1517
Filed &
Entered:
05/27
/2014
Declaration in Support of Motion
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - DECLARATION of Joseph Geiger in Support re: [1513] JOINT MOTION
Entry of Stipulation and Order Regarding Appointment of an Independent Monitor ..
Document filed by United States of America. (La Morte, Tara) Modified on
5/28/2014 (db).
Declaration in Support of Motion
1518
Filed &
Entered:
05/27
/2014
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - DECLARATION of Scott C. Danielson in Support re: [1513] JOINT
MOTION Entry of Stipulation and Order Regarding Appointment of an Independent
Monitor .. Document filed by United States of America. (La Morte, Tara) Modified
on 5/28/2014 (db).
1519
Filed &
Entered:
05/27
/2014
Declaration in Support of Motion
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - DECLARATION of F. Josiah Leicht in Support re: [1513] JOINT
MOTION Entry of Stipulation and Order Regarding Appointment of an Independent
Monitor .. Document filed by United States of America. (Attachments: # (1) Part 2
of Leicht Declaration)(La Morte, Tara) Modified on 5/28/2014 (db).
1520
Filed &
Entered:
05/27
/2014
Declaration in Support of Motion
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - DECLARATION of Matthew Walker in Support re: [1513] JOINT
MOTION Entry of Stipulation and Order Regarding Appointment of an Independent
Monitor .. Document filed by United States of America. (Attachments: # (1) Exhibit
Exhibit A)(La Morte, Tara) Modified on 5/28/2014 (db).
1529 Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Levi Messinetti
and Patrick Nee, dated 5/27/14 re: Plaintiffs/Appellants advise the Court that section
5.j.iv(4) of the proposed Stipulation & Order Regarding Appointing of an
Independent Monitor cannot be included in any stipulation and order which is
entered into at this time; and that they reserve their right to litigate this matter if it
ever should come before this Court. Document filed by Levi Messenetti, Patrick
Nee. (Attachments: # (1) Exhibit)(sc) Modified on 5/29/2014 (sc).
1509
Filed &
Entered:
05/19
/2014
Status Report
Docket Text: STATUS REPORT. THE ELEVENTH THIRTY-DAY REPORT
REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE
PROCEDURES SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS
BETWEEN THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND
THE ASSOCIATION OF WALL-CEILING AND CARPENTRY INDUSTRIES OF
NEW YORK, INC., THE BUILDING CONTRACTORS ASSOCIATION, INC., THE
GENERAL CONTRACTORS ASSOCIATION, INC., THE FLOOR COVERERS
ASSOCIATION OF GREATER NEW YORK, INC., THE CONTRACTORS
ASSOCIATION OF GREATER NEW YORK, THE CEMENT LEAGUE, INC., THE
ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC., AND
THE NEW YORK TRADE SHOW CONTRACTORS ASSOCIATION Document filed
by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of
Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4)
Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9)
Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M)
(Jones, Barbara)
1510
Filed &
Entered:
05/19
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La
Morte dated May 19, 2014 re: extension of monitorship. Document filed by United
States of America.(Torrance, Benjamin)
1508
Filed &
Entered:
04/16
/2014
Status Report
Docket Text: STATUS REPORT. THE TENTH THIRTY-DAY REPORT
REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE
PROCEDURES SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS
BETWEEN THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND
THE ASSOCIATION OF WALL-CEILING AND CARPENTRY INDUSTRIES OF
NEW YORK, INC., THE BUILDING CONTRACTORS ASSOCIATION, INC., THE
GENERAL CONTRACTORS ASSOCIATION, INC., THE FLOOR COVERERS
ASSOCIATION OF GREATER NEW YORK, INC., THE CONTRACTORS
ASSOCIATION OF GREATER NEW YORK, THE CEMENT LEAGUE, INC., AND
THE ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3)
Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8)
Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Jones, Barbara)
1504
Filed &
Entered:
04/07
/2014
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 11/18/2013
before Judge Richard M. Berman. Court Reporter/Transcriber: Melissa Mormile,
(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 5/1/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript
Restriction set for 7/10/2014.Filed In Associated Cases: 1:90-cv-05722-RMB-THK,
1:12-cv-00130-RMB(McGuirk, Kelly)
1505
Filed &
Entered:
04/07
/2014
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 11/18/2013
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...Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-
00130-RMB(McGuirk, Kelly)
1506
Filed &
Entered:
04/07
/2014
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CORRECTED CONFERENCE held
on 11/18/2013 before Judge Richard M. Berman. Court Reporter/Transcriber:
Melissa Mormile, (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 5/1/2014. Redacted Transcript Deadline set for 5/12/2014.
Release of Transcript Restriction set for 7/10/2014.Filed In Associated Cases: 1:90-
cv-05722-RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)
1507
Filed &
Entered:
04/07
/2014
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 11/18/13
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...Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-
00130-RMB(McGuirk, Kelly)
1502
Filed &
Entered:
03/20
/2014
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 3/10/2014
before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 4/14/2014. Redacted Transcript Deadline set for 4/24/2014. Release of
Transcript Restriction set for 6/23/2014.(Rodriguez, Somari)
1503
Filed &
Entered:
03/20
/2014
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 3/10/14 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)
1500
Filed &
Entered:
03/18
/2014
Status Report
Docket Text: STATUS REPORT. THE NINTH THIRTY-DAY REPORT REGARDING
ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE PROCEDURES
SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN
THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND THE
ASSOCIATION OF WALL-CEILING AND CARPENTRY INDUSTRIES OF NEW
YORK, INC., THE BUILDING CONTRACTORS ASSOCIATION, INC., THE
GENERAL CONTRACTORS ASSOCIATION, INC., THE FLOOR COVERERS
ASSOCIATION OF GREATER NEW YORK, INC., THE CONTRACTORS
ASSOCIATION OF GREATER NEW YORK, THE CEMENT LEAGUE, INC., AND
THE ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3)
Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8)
Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Jones, Barbara)
1501
Filed &
Entered:
03/18
/2014
Order
Docket Text: AMENDED ORDER: Notwithstanding the provisions of paragraphs
5(b)(i)(1), (2), (3) and (4), and paragraph 5(c)(i), of the June 3, 2010 Stipulation and
Order, the Court hereby authorizes the District Council to take the actions specified
in the aforementioned paragraphs without (if it elects) giving prior notice to the
Review Officer. This Order applies until further notice by the Court and is issued on
consent of the District Council, the Government, and the Review Officer. (Signed by
Judge Richard M. Berman on 3/17/2014) (ja)
1498
Filed &
Entered:
03/14
/2014
Order
Docket Text: ORDER: Notwithstanding the provisions of paragraphs 5(b)(i)(2), (3)
and (4), and paragraph 5(c)(i), of the June 3, 2010 Stipulation and Order, the Court
hereby authorizes the District Council to take the actions specified in the
aforementioned paragraphs without (if it elects) giving prior notice to the Review
Officer. This Order applies until further notice by the Court and is issued on consent
of the District Council, the Government, and the Review Officer. (Signed by Judge
Richard M. Berman on 3/14/2014) (tn)
1499
Filed &
Entered:
03/14
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde dated 3/13/2014 re: Counsel enclosed an order being jointly
proposed by the Review Officer and the District Council regarding the prior notice
provisions in the June 3, 2010 Stipulation and Order. ENDORSEMENT: Clerk to
docket. (Signed by Judge Richard M. Berman on 3/14/2014) (tn)
1497
Filed &
Entered:
03/12
/2014
Order
Docket Text: ORDER:... the Court hereby grants the District Council's application
and approves the CBA between the District Council and NYTSCA, including its
provisions regarding full mobility, electronic reporting of jobs and hours, and anti-
corruption compliance features, subject to the Court's directive that the parties to the
NYTSCA CBA forthwith make good-faith efforts to comply with the Agreements'
requirements regarding electronic reporting of jobs and hours, and anti-corruption
compliance features. The Court's May 26, 2009 Order is hereby modified and
superseded to permit the parties forthwith to implement the full mobility job hiring
and compliance technology procedures specified in the NYTSCA CBA ratified by
the District Council's Delegate Body on February 12, 2014. The District Council
shall file with the Court approximately every thirty (30) days after entry of this
Order and approximately every thirty days thereafter until further order of the Court
a report describing (i) the progress and effect of the electronic jobs reporting
procedures and the compliance and enforcement procedures under the CBA... and as
further set forth herein. The reports may be consolidated. (Signed by Judge Richard
M. Berman on 3/12/2014) (ja)
1496
Filed &
Entered:
03/11
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from James M,
Murphy dated 3/11/14 re: New York Trade Show Assoc. CBA and follow-up to
discussion during March 10, 2014 court conference. Document filed by N.Y.C.
District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
(Attachments: # (1) Exhibit A, # (2) Exhibit B)(Murphy, James)

Filed:
03/10/2
014
Entered
:
03/11/2
014
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Review Officer Hearing was held on 3/10/2014. Joint proposed order is to be
submitted to the Court. See transcript for a complete record. (Court Reporter Karen
Gorlaski) (sc)
1495
Filed &
Entered:
03/10
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
William R. Walsh, dated 3/10/2014, re: I am here today to let you know that I am
disappointed on the ruling of this court in my Delegate eligibility situation.
ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by Judge Richard M.
Berman on 3/10/2014) (ja)
1493
Filed &
Entered:
03/07
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Kevin V.
Corrigan, dated 3/6/2014, re: the March 3, 2014 letter received by this court
requesting the extension of term for Review Officer, Dennis Walsh, to the NYCDCC
and Vicinity. (ja)
1494
Filed &
Entered:
03/07
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman, from
Patrick Nee, dated 3/6/2014, re: the Review Officer's March 3, 2014 letter to the
court. On page 3, para. 1 of his submission the Review Officer states that in the
absence of an agreement from the District Council to extend his term prior to the
March 10th Court Conference he will move the Court to extend his tenure at that
Conference. ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by Judge
Richard M. Berman on 3/7/2014) (ja)
1492
Filed &
Entered:
03/06
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated March 6, 2014 re: Modification of Stipulation and Order. Document
filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of
Carpenters.(Jones, Barbara)
1491
Filed &
Entered:
03/05
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La
Morte dated March 5, 2014 re: RO's proposed modifications to his authority and
term. Document filed by United States of America.(Torrance, Benjamin)
1490
Filed &
Entered:
03/04
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde dated 3/3/2014 re: As part of an initiative to afford the District
Council (including its eight affiliated local unions) the opportunity to demonstrate
that it can sustain the reform measures that have been implemented and that it can
conduct its affairs without prior approvals and the threat of veto, the Review Officer
("RO") seeks the Court's consent (1) to waive enforcement of all prior notice
requirements placed upon the District Council and local unions by the Stipulation
and Order, as set forth in paragraphs 5.b and 5.c, and (2) to eliminate the veto
authority given to the RO by paragraph 5.b.iii of the Stipulation and Order, in favor
of the ability of the RO to initiate civil contempt or other enforcement proceedings in
this Court. ENDORSEMENT: Court requests written comments by 3/6/2014 @ 3:00
p.m. and particularly would like to hear from District Counsel and Gov't. (and, of
course, any other parties who may be interested). Court's initial reaction is that. So
ordered. (Signed by Judge Richard M. Berman on 3/4/2014) (rjm)
1489
Filed &
Entered:
03/03
/2014
Memorandum & Opinion
Docket Text: OPINION AND ORDER 104015: The Court respectfully denies Mr.
Walsh's application for reconsideration, as follows: The Court has not found, and in
his letter to the Court Mr. Walsh does not identify, "controlling decisions or data that
the [C]ourt overlooked" in its January 8, 2014 Decision and Order, as would warrant
granting a motion for reconsideration... The Court, therefore, concludes that Mr.
Walsh's application for reconsideration should be denied. See Aczel v. Labonia, 584
F.3d 52, 61 (2d Cir. 2009)(motion for reconsideration "should be granted only in
extraordinary circumstances" (internal quotation marks omitted)). (Signed by Judge
Richard M. Berman on 3/3/2014) (ja) Modified on 3/5/2014 (nt).
1487
Filed &
Entered:
02/18
/2014
Status Report
Docket Text: STATUS REPORT. THE EIGHTH THIRTY-DAY REPORT
REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE
PROCEDURES SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS
BETWEEN THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND
THE ASSOCIATION OF WALL-CEILING AND CARPENTRY INDUSTRIES OF
NEW YORK, INC., THE BUILDING CONTRACTORS ASSOCIATION, INC., THE
GENERAL CONTRACTORS ASSOCIATION, INC., THE FLOOR COVERERS
ASSOCIATION OF GREATER NEW YORK, INC., THE CONTRACTORS
ASSOCIATION OF GREATER NEW YORK, AND THE CEMENT LEAGUE, INC.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3)
Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8)
Exhibit H, # (9) Exhibit I)(Jones, Barbara)
1488
Filed &
Entered:
02/18
/2014
Order
Docket Text: ORDER: The Court has received the District Council's February 14,
2014 letter regarding the new collective bargaining agreement between the District
Council and the New York Trade Show Contractors Association, ratified on February
12, 2014 ("CBA"). Any written comments regarding the CBA are to be served and
filed by February 25, 2014. This matter will be addressed at the previously-
scheduled conference on March 10, 2014 at 12:00 p.m. (Signed by Judge Richard M.
Berman on 2/18/2014) (mro)
1486
Filed &
Entered:
02/1
4/20
14
Terminated
:
03/0
3/20
14
Motion for Conference
Docket Text: LETTER MOTION for Conference addressed to Judge Richard M.
Berman from James M. Murphy dated 2/14/14. Document filed by N.Y.C. District
Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
(Attachments: # (1) Attachment)(Murphy, James)
1485
Filed &
Entered:
02/11
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde dated 2/11/14 re: Counsel submits that the Court's Decision and
Order of January 8, 2014 should stand. ENDORSEMENT: Clerk to docket. (Signed
by Judge Richard M. Berman on 2/11/2014) (mro)
1483
Filed &
Entered:
02/05
/2014
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 1/28/2014
before Judge Richard M. Berman. Court Reporter/Transcriber: Michael McDaniel,
(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 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript
Restriction set for 5/9/2014.(Rodriguez, Somari)
1484
Filed &
Entered:
02/05
/2014
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 1/28/14 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)
1482
Filed &
Entered:
02/04
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
William Walsh dated 1/31/14 re: This letter is a response to your Order and Opinion
sent to the District Council of the City of New York and Vicinity of the
United/Brotherhood of Carpenters and Joiners of America, et al on January 8, 2014.
ENDORSEMENT: The Court treats this letter as an application for reconsideration
of its 1/8/14 Decision + Order + requests comments on or before 2/11/14 by those
parties who responded to Mr. Walsh's 12/31/13 request. (See also Court's Order
dated 1/17/14). (Signed by Judge Richard M. Berman on 2/4/2014) (mro)
1481
Filed &
Entered:
02/03
/2014
Order
Docket Text: ORDER: The Court hereby grants the District Council's application and
approves the CBAs between the District Council and ACCNY, including their
provisions regarding full mobility, electronic reporting of jobs and hours, and anti-
corruption compliance features, subject to the Court's directive that the parties to the
ACCNY CBAs forthwith make good-faith efforts to comply with the Agreements'
requirements regarding electronic reporting of jobs and hours, and anti-corruption
compliance features. The Court's May 26, 2009 Order is hereby modified and
superseded to permit the parties forthwith to implement the full mobility job hiring
and compliance technology procedures specified in the CBAs between the District
Council and ACCNY ratified by the District Council's Delegate Body on December
11, 2013. The District Council shall file with the Court approximately every thirty
(30) days after entry of this Order and approximately every thirty days thereafter
until further order of the Court a report describing (i) the progress and effect of the
electronic jobs reporting procedures and the compliance and enforcement procedures
under the CBAs between the District Council and ACCNY, the CBA between the
District Council and the Cement League, the CBA between the District Council and
the Contractors Association of Greater New York ("CAGNY"), the CBA between the
District Council and the Floor Coverers Association of Greater New York ("FCA"),
the CBA between the District Council and the General Contractors Association of
New York ("GCA"), the CBA between the District Council and the Building
Contractors Association ("BCA"), and the CBA between the District Council and the
WC&C; (ii) the anti-corruption enforcement efforts of the District Council; and (iii)
additional information regarding the status of the CBAs between the District Council
and ACCNY, the CBA between the District Council and the Cement League, the
CBA between the District Council and CAGNY, the CBA between the District
Council and the Floor Coverers Association, the CBA between the District Council
and the GCA, the CBA between the District Council and the BCA, and the CBA
between the District Council and the WC&C pertaining to enforcement of the
Consent Decree. The reports may be consolidated. (Signed by Judge Richard M.
Berman on 2/3/2014) (mro)

Filed &
Entered:
01/28
/2014
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Review Officer Hearing was held on 1/28/2014. See transcript of proceedings held
for a complete record. Status Conference set for 3/10/2014 at 12:00 PM before Judge
Richard M. Berman.). (Court Reporter Mike McDaniel) (sc)
1479
Filed &
Entered:
01/27
/2014
Order
Docket Text: ORDER: Having reviewed the letters of the Review Officer on January
10, 2014, the District Council on January 22, 2014, and the government on January
21, 2014, including the Review Officer's assessment that the local unions have
achieved excellent compliance under 29 U.S.C. 501, it is hereby ordered that
paragraph 5(b)(i)(1) of the June 3, 2010 Stipulation and Order is amended with
respect to the local unions, such that the local unions do not have to submit prior
notice of all expenditures to the Review Officer and instead must submit a monthly
report of expenditures made to the Review Officer. (Signed by Judge Richard M.
Berman on 1/27/2014) (mro)
1480
Filed &
Entered:
01/27
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated January 27, 2014 re: District Counsel's progress in advance of the
January 28, 2014 status conference. Document filed by N.Y.C. District Council of
N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)
1478
Filed:
01/23/2
014
Entered
:
01/24/2
014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1467] Endorsed Letter.
ENDORSEMENT: The letters submitted are convincing. Court requests that Counsel
submits a proposed order for signature. (Signed by Judge Richard M. Berman on
1/23/2014) (mro)
1477
Filed &
Entered:
01/22
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated January 22, 2014 re: Local Expenditures. Document filed by N.Y.C.
District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
(Jones, Barbara)
1476
Filed &
Entered:
01/21
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Tara M. La
Morte dated January 21, 2014 re: Proposed Modification of Stipulation and Order
dated June 3, 2010. Document filed by United States of America.(La Morte, Tara)
1475
Filed &
Entered:
01/17
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Affected Delegates Local 157 dated 1/16/14 re: Affected Delegates Local 157
request that the enclosed letter be places on the SDNY docket. ENDORSEMENT:
The issue has been addressed in the Order dated 1/8/14, but we can take a few
minutes on 1/28/14 to hear from the RO + others about the Court's jurisdiction in
these matters. (Signed by Judge Richard M. Berman on 1/17/2014) (mro)
1473
Filed &
Entered:
01/16
/2014
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 1/6/2014
before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 2/10/2014. Redacted Transcript Deadline set for 2/21/2014. Release of
Transcript Restriction set for 4/21/2014.(Rodriguez, Somari)
1474
Filed &
Entered:
01/16
/2014
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 1/6/14 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)
1472
Filed &
Entered:
01/15
/2014
Status Report
Docket Text: STATUS REPORT. THE SEVENTH THIRTY-DAY REPORT
REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE
PROCEDURES SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS
BETWEEN THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND
THE ASSOCIATION OF WALL-CEILING AND CARPENTRY INDUSTRIES OF
NEW YORK, INC., THE BUILDING CONTRACTORS ASSOCIATION, INC., THE
GENERAL CONTRACTORS ASSOCIATION, INC., THE FLOOR COVERERS
ASSOCIATION OF GREATER NEW YORK, INC., THE CONTRACTORS
ASSOCIATION OF GREATER NEW YORK, AND THE CEMENT LEAGUE, INC.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3)
Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8)
Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Jones, Barbara)
1467
Filed &
Entered:
01/10
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Dennis M. Walsh dated 1/10/14 re: The Review Officer writes to explain his
reasoning in recommending to the parties that the local unions be exempted from the
prior notice requirement for expenditures set forth in paragraph 5.b.i.1 of the
Stipulation and Order entered in this matter on June 3, 2010. ENDORSEMENT:
Clerk to docket. (Signed by Judge Richard M. Berman on 1/10/2014) (mro)
1468
Filed &
Entered:
01/10
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Salvatore
Tagliaferro dated 1/3/14 re: Salvatore Tagliaferro requests Your Honor allow him to
run for EST of the New York City Distrcit Coucil. ***Accepted for filing as a docket
and file by Chambers. (mro)
1469
Filed: 01/10/2
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from William Walsh
014
Entered
:
01/15/2
014
dated 1/6/2014 re: questions with regards to the NYCDCC's election procedure.
Document filed by Bill Walsh.(tro)
1470
Filed:
01/10/2
014
Entered
:
01/15/2
014
Letter
Docket Text: LETTER dated 1/6/2014 re: Election Rules. ***Docket and filed
instructions from Chambers. Document filed by Patrick Nee.(tro)
1471
Filed:
01/10/2
014
Entered
:
01/15/2
014
Letter
Docket Text: LETTER from Gregory Kelty dated 1/6/2014 re: Court Conference
1/6/2014. *Docket and file instructions from Chambers. (tro)
1465
Filed &
Entered:
01/08
/2014
Memorandum & Opinion
Docket Text: OPINION & ORDER: #103870 The Court concludes as follows: The
Court is not empowered to consider Mr. Walsh's application as part of the above-
captioned case, in which he objects to a decision of Douglas McCarron, the General
President of the United Brotherhood of Carpenters ("UBC"), dated October 9, 2013,
ruling him ineligible to serve as a delegate to the District Council, and asks the Court
to "reinstate me to my fairly elected position as Delegate." (Letter from William
Walsh to Hon. Richard M. Berman, dated Dec. 31, 2013.) Rather, the Court's
authority in this case is limited to the enforcement and implementation of the
Consent Order and subsequent orders entered by the Court. United States v. Dist.
Council of New York City, 972 F. Supp. 756, 763 (S.D.N.Y. 1997) ("In the case at
bar, the Court is concerned only with the proper implementation of the Consent
Decree."). (See Stip. & Order paragraph 12(g).) Neither the Consent Order nor the
Stipulation and Order implicates actions taken by the UBC or the interpretation of its
constitution by UBC officers. United States v. Dist. Council of New York City, 972
F. Supp. 756, 760-61 (S.D.N.Y. 1997)("The Consent Decree says nothing about the
UBC's powers to act under its constitution, by-laws, and the Federal labor laws; nor
was there a basis in law for doing so."); U.S. v. District Council of New York City,
No. 90 Civ. 5722, 2007 WL 2728984, at *1 (S.D.N.Y. Sep. 12, 2007) ("This Court's
limited jurisdiction does not extend to adjudicating alleged violations of the UBC
Constitution."). (See Stip. & Order paragraph 2 ("The Court has authority to enter
this Stipulation and Order pursuant to its inherent power, including the inherent
power to enforce, ensure compliance with, and modify the Consent Decree.").)
(Signed by Judge Richard M. Berman on 1/8/2014) (mro) Modified on 1/13/2014
(ca).
1466
Filed &
Entered:
01/08
/2014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1464] Letter, filed by N.Y.C. District
Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
ENDORSEMENT: Because the proposal is to "amend" the Stipulation + Order, the
Court would like to hear (in writing) from @ of the parties to the Stip + Order--and
others who may wish to be heard--by 1/22/14. The RO would also help by
explaining the rationals for an exemption. (Signed by Judge Richard M. Berman on
1/8/2014) (mro)
1463
Filed &
Entered:
01/07
/2014
Memorandum & Opinion
Docket Text: OPINION & ORDER: #103869 The Court concludes as follows: The
special election for Executive Secretary-Treasurer of the District Council ("EST"), to
be held on January 24, 2014, may proceed as currently scheduled. The election
process is in accordance with the procedures approved by the Court on August 15,
2013, (Order, dated Aug. 15, 2013), and reflects a valid exercise of the RO's
authority to "supervise all phases of any union election conducted by the District
Council during his tenure, and to certify the results of any such election." (Stip. &
Order paragraph 5(k)(i).) See United States v. Dist. Council of New York City, 880
F. Supp. 1051, 1065 (S.D.N.Y. 1995) ("[B]ased on the intent of the parties, and the
definition of 'supervise' under Title IV of the LMRDA, the IRO's power to 'supervise'
the District Council election authorizes him to not only draft rules for how the
election should be conducted, but to implement those rules by vesting within his
own physical control the conduct of the election process."); as further set forth
herein. The RO's consent in this matter resolves the application of Mr. Kelty. (Signed
by Judge Richard M. Berman on 1/7/2014) (mro) Modified on 1/9/2014 (mro).
Modified on 1/13/2014 (ca).
1464
Filed &
Entered:
01/07
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated January 7, 2014 re: modification of paragraph 5(b)(i)(1) of the June 3,
2010 Stipulation and Order. Document filed by N.Y.C. District Council of N.Y.C. &
Vicinity of the United Brotherhood of Carpenters.(Jones, Barbara)

Filed:
01/06/2
014
Entered
:
01/07/2
014
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Hearing held on 1/6/2014. See transcript for a complete record. (Court Reporter
Karen Gorlaski) (sc)
1460
Filed &
Entered:
01/03
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Salvatore Tagliferro dated 1/3/2014 re: Appeal of Salvatore Tagliaferro. Request for
permission to run to EST of the New York City District Council. ENDORSEMENT:
CLERK TO DOCKET. (Signed by Judge Richard M. Berman on 1/3/2014) (tro)
1461
Filed &
Entered:
01/03
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Salvatore Tagliferro dated 1/3/2014` re: Mr. Tagliaferro writes this letter to request a
short delay of the mailing out of the ballots for EST on Monday. ENDORSEMENT:
Clerk to docket. (Signed by Judge Richard M. Berman on 1/3/2014) (tro)
1462
Filed &
Entered:
01/03
/2014
Order
Docket Text: ADMINISTRATIVE ORDER: The conference scheduled in this matter
for 1/3/2014 at 2:00 p.m. is hereby rescheduled to Monday, 1/6/2014 at 9:30 a.m.
(Status Conference set for 1/6/2014 at 09:30 AM before Judge Richard M. Berman.)
(Signed by Judge Richard M. Berman on 1/3/2014) (tro)
1457
Filed &
Entered:
01/02
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Gregory Kelty re: Gregory Kelty writes to Your Honor regarding some concerns
with the upcoming EST election. ENDORSEMENT: Mr. Walsh is requested to
respond in writing today (1/2/14) by 5:00 pm. (Signed by Judge Richard M. Berman
on 1/2/2014) (mro)
1458
Filed &
Entered:
01/02
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
William Walsh re: William Walsh states that the NYCDCC supervision and Consent
Decree turn on their own merits and hopes that Your Honor can see the necessity for
clarification in this matter. ENDORSEMENT: Mr. Dennis Walsh is directed to
respond today (1/2/14) in writing by 5:00 pm. (Signed by Judge Richard M. Berman
on 1/2/2014) (mro)
1459
Filed &
Entered:
01/02
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Dennis M. Walsh dated 1/2/14 re: Counsel responds to the letters received by the
Court from William Walsh and Greg Kelty on December 31, 2013 and January 2,
2014, respectively. ENDORSEMENT: Clerk to docket + file. (Signed by Judge
Richard M. Berman on 1/2/2014) (mro) Modified on 1/7/2014 (mro).
1456
Filed &
Entered:
12/16
/2013
Status Report
Docket Text: STATUS REPORT. The Sixth Thirty-Day Report Regarding Electronic
Job Reporting and Related Compliance Procedures Specified in the Collective
Bargaining Agreements Between the New York City District Council of Carpenters
and the Association of Wall-Ceiling and Carpentry Industries of New York, Inc., The
Building Contractors Association, Inc., The General Contractors Association, Inc.,
The Floor Coverers Association of Greater New York, Inc., The Contractors
Association of Greater New York, and the Cement League, Inc. Document filed by
N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of
Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4)
Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9)
Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, #
(14) Exhibit N)(Jones, Barbara)

Filed &
Entered:
12/13
/2013
Set/Reset Hearings
Docket Text: Set/Reset Hearings: Oral Argument set for 1/3/2014 at 02:00 PM before
Judge Richard M. Berman. (mro)
1450
Filed &
Entered:
12/13
/2013
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1448] Letter, filed by N.Y.C. District
Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
ENDORSEMENT: It is difficult to assess these new agreements as the parties have
advised that the recently approved CBAs-particularly the anti-corruption features--
have not yet been NORMALIZED. We can discuss on JAN 28, 2014. (Signed by
Judge Richard M. Berman on 12/13/2013) (mro)
1451
Filed & 12/13
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1449] Letter, filed by N.Y.C. District
Entered: /2013 Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
ENDORSEMENT: What, if any, progress has been made in upgrading the District
Council's in house(full time) technology resources?? (Signed by Judge Richard M.
Berman on 12/13/2013) (mro)
1452
Filed &
Entered:
12/13
/2013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde dated 12/12/13 re: Counsel writes in response to the most recent
letter of Patrick Nee regarding the Special Election for Executive Secretary-
Treasurer of the District Council. ENDORSEMENT: Lets have a brief conference re:
status of new election on JAN. 3 @2:00 P.M. ( Status Conference set for 1/3/2014 at
02:00 PM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman
on 12/13/2013) (mro) Modified on 12/13/2013 (mro).
1453
Filed &
Entered:
12/13
/2013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde dated 12/12/13 re: Counsel writes in response to the December 11,
2013 letter submitted by Salvatore Tagliaferro to the Court, as well as to an
additional letter that he submitted to the Court this morning. ENDORSEMENT: Any
further written comments to be served + filed by noon on 12/18/13. (Signed by
Judge Richard M. Berman on 12/13/2013) (mro)
1454
Filed &
Entered:
12/13
/2013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Salvatore Tagliaferro dated 12/12/13 re: Salvatore Tagliaferro requests Your Honor's
intervention in the matter listed herein. ENDORSEMENT: Clerk to docket. (Signed
by Judge Richard M. Berman on 12/13/2013) (mro)
1455
Filed &
Entered:
12/13
/2013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Salvatore Tagliaferro dated 12/12/13 re: Salvatore Tagliaferro is writing in response
to a 6-page letter from Mintz Levin, the legal representatives of the Review Officer..
ENDORSEMENT: Without indicating what the legal merit, if any, is of Mr.
Tagliaferro's claim, the Court will hear brief (5-10 minutes) oral argument on 1/3/14
@2:00 P.M. (Signed by Judge Richard M. Berman on 12/13/2013) (mro)
1446
Filed &
Entered:
12/12
/2013
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 12/4/2013
before Judge Richard M. Berman. Court Reporter/Transcriber: Tara Jones, (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 1/6/2014. Redacted Transcript Deadline set for 1/16/2014. Release of Transcript
Restriction set for 3/17/2014.(Rodriguez, Somari)
1447
Filed &
Entered:
12/12
/2013
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 12/4/13 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)
1448
Filed &
Entered:
12/12
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from James M.
Murphy dated December 12, 2013 re: Collective Bargaining Agreements between
the District Council and the Association of Concrete Contractors of New York, Inc..
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Murphy,
James)
1449
Filed &
Entered:
12/12
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from James M.
Murphy dated December 12, 2013 re: Retention of the District Council's IT
Consultant. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the
United Brotherhood of Carpenters. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)
(Murphy, James)
1444
Filed:
12/11/2
013
Entered
:
12/12/2
013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde dated 12/10/13 re: Counsel writes in response to the December 2,
2013 letter of Patrick Nee. ENDORSEMENT: Holding standing aside (arguendo),
Mr. Walsh is requested to write + describe the facts + circumstances of the case.
(Signed by Judge Richard M. Berman on 12/11/2013) (mro)
1445
Filed:
12/11/2
013
Entered
:
12/12/2
013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Salvatore Tagliaferro dated 12/11/13 re: Salvatore Tagliaferro, President of Local
926, states that he submitted his petition for candidacy for E.S.T. of the New York
District Council of Carpenters and was interviewed by the review officer. Today he
received an email states that he was not approved. ENDORSEMENT: Mr. Walsh is
requested to respond promptly in writing. (Signed by Judge Richard M. Berman on
12/11/2013) (mro)

Filed:
12/04/2
013
Entered
:
01/03/2
014
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Review Officer hearing held on 12/4/2013. See transcript of proceedings held for a
complete record. (mro)
1443
Filed &
Entered:
12/04
/2013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Patrick Nee dated 12/2/13 re: Patrick Nee writes to object to the Review Officer
retaining non-reviewable authority to disqualify members from running for this
position. ENDORSEMENT: Mr. Walsh is requested to respond by 12/10/13. (Signed
by Judge Richard M. Berman on 12/4/2013) (mro)
1440
Filed &
Entered:
12/03
/2013
Notice (Other)
Docket Text: NOTICE of Filing of the Seventh Interim Report of the Review Officer.
Document filed by Dennis Walsh. (Attachments: # (1) The Seventh Interim Report
of the Review Officer, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit
4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, #
(11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15)
Exhibit 14, # (16) Exhibit 15, # (17) Exhibit 16, # (18) Exhibit 17, # (19) Exhibit 18,
# (20) Exhibit 19, # (21) Exhibit 20, # (22) Certificate of Service)(Rohde, Bridget)
1441
Filed &
Entered:
12/03
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated December 3, 2013 re: status in advance of December 4, 2013 hearing.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3)
Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Jones,
Barbara)
1442
Filed &
Entered:
12/03
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Elizabeth
O'Leary dated December 3, 2013 re: Supplemental Information. Document filed by
New York City District Council of Carpenters Annuity Fund, New York City District
Council of Carpenters Apprenticeship, Journeyman Retraining, Educational and
Industry Fund, New York City District Council of Carpenters Pension Fund, New
York City District Council of Carpenters Welfare Fund. (Attachments: # (1)
Enclosure)(O'Leary, Elizabeth)
1436
Filed &
Entered:
11/27
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Elizabeth
O'Leary dated November 27, 2013 re: Supplemental Ltr re: Investment Fees.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters.(O'Leary, Elizabeth)
1437
Filed &
Entered:
11/27
/2013
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1435] Letter, filed by N.Y.C. District
Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
ENDORSEMENT: Re: Dec 4 conference, the Court would like presentations from
Govt counsel, District Council's counsel, + the RO-in that order-re: implementation
of anti-corruption technology (delay + timetable), thereafter, we can hear about
Funds + fees described in this letter. Adjournment to supplement this letter granted.
(Signed by Judge Richard M. Berman on 11/27/2013) (mro)
1438
Filed &
Entered:
11/27
/2013
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 7/18/2013
before Judge Richard M. Berman. Court Reporter/Transcriber: Joanne Mancari,
(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 12/23/2013. Redacted Transcript Deadline set for 1/2/2014. Release of
Transcript Restriction set for 2/28/2014.Filed In Associated Cases: 1:90-cv-05722-
RMB-THK, 1:12-cv-00130-RMB(McGuirk, Kelly)
1439
Filed &
Entered:
11/27
/2013
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 7/18/2013
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...Filed In Associated Cases: 1:90-cv-05722-RMB-THK, 1:12-cv-
00130-RMB(McGuirk, Kelly)
1435
Filed &
Entered:
11/26
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Elizabeth
O'Leary dated November 26, 2013 re: U.S. v. District Council of New York and
Vicinity. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the
United Brotherhood of Carpenters. (Attachments: # (1) Exhibit Exhibit A, # (2)
Exhibit Exhibit B, # (3) Exhibit Exhibit C)(O'Leary, Elizabeth)
1434
Filed &
Entered:
11/25
/2013
Order
Docket Text: DECISION & ORDER: It is imperative that the parties forthwith come
into compliance with the CBA provisions regarding electronic reporting of hours and
upgrade the District Council's in-house staff and technological capabilities to comply
with the Court's Orders, dated May 8, 2013, June 11, 2013, July 16, 2013, July 26,
2013, September 3, 2013, September 12, 2103 and October 23, 2013. The November
18, 2013 conference did not provide comfort that this was happening with sufficient
urgency. The District Council is directed to secure the attendance of Standard Data
representatives and other technology vendor representatives at the December 4, 2013
conference. Also, as discussed at the November 18, 2013 conference, the Benefit
Funds (Ryk Tierney) are directed to provide the Court with written information on
all of the costs (i.e., advisory fees, commissions, legal fees, etc.) associated with
managing the investments of the Funds on or before November 26, 2013. (See Hr'g
Tr., dated Nov. 18, 2013, at 9:11-17.) (Signed by Judge Richard M. Berman on
11/25/2013) (mro)
1432
Filed &
Entered:
11/22
/2013
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2013
before Judge Richard M. Berman. Court Reporter/Transcriber: Patricia Nilsen, (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 12/16/2013. Redacted Transcript Deadline set for 12/26/2013. Release of
Transcript Restriction set for 2/24/2014.(Rodriguez, Somari)
1433
Filed &
Entered:
11/22
/2013
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 10/23/13
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)

Filed:
11/18/2
013
Entered 11/22/2
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Review Officer Hearing held on 11/18/2013. See transcript of proceedings held for a
: 013 complete record. ( Status Conference/hearing set for 1/28/2014 at 09:30 AM before
Judge Richard M. Berman.). (sc)
1431
Filed &
Entered:
11/15
/2013
Status Report
Docket Text: STATUS REPORT. Fifth Thirty-Day Compliance Report Regarding
Electronic Job Reporting Under the Wall-Ceiling Association, Building Contractors
Association, General Contractors Association, and Floor Coverers Association
CBAs Document filed by District Council. (Attachments: # (1) Exhibit 1, # (2)
Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7)
Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11)
(Murphy, James)
1429
Filed &
Entered:
10/25
/2013
Transcript
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 9/12/2013
before Judge Richard M. Berman. Court Reporter/Transcriber: Eve Giniger, (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 11/18/2013. Redacted Transcript Deadline set for 12/2/2013. Release of
Transcript Restriction set for 1/26/2014.(Rodriguez, Somari)
1430
Filed &
Entered:
10/25
/2013
Notice of Filing Transcript
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a CONFERENCE proceeding held on 9/12/13 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)
1427
Filed &
Entered:
10/24
/2013
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated 10/24/2013 re: District Council of Carpenters' progress on IT plan.
Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters.(Jones, Barbara)
1428
Filed:
10/24/2
013
Entered
:
10/25/2
013
Order
Docket Text: ORDER: The status update conference on November 6, 2013 is hereby
adjourned to November 18, 2013 at 11:00 a.m. The October 29, 2013 hearing
regarding the Review Officer's September 16, 2013 Petition to Require the District
Council to Implement a Business Operations and IT Modernization Plan is also
adjourned and is rescheduled as an agenda item at the November 18, 2013
conference. (Signed by Judge Richard M. Berman on 10/24/2013) (mro)

Filed:
10/23/2
013
Entered
:
10/24/2
013
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Status Conference held on 10/23/2013. Hearing on Cement League contract was
held. The Court Reporter, Patricia Nilsen, was present. (sc)
Status Conference

Filed:
10/23/2
013
Entered
:
10/24/2
013
Docket Text: Minute Entry for proceedings held before Judge Richard M. Berman:
Hearing on review officer decision held on 10/23/2013. (Court Reporter Patricia
Nilsen) (sc)
1425
Filed &
Entered:
10/23
/2013
Memorandum & Opinion
Docket Text: OPINION & ORDER re: #103701 [1413] FIRST MOTION to
Amend/Correct Letter and Findings dated September 24, 2013 filed by James P.
Noonan. Assuming, arguendo, that Noonan had standing to challenge the RO's
determination that he lacked the necessary "qualification, experience [and] training"
necessary to run for EST, his application would likely be denied for the reasons
stated above. The RO, in his September 24, 2013 findings, stated that "Mr. Noonan
was unable to cite any qualification, experience or training (other than his integrity
and dedication to the brotherhood) that would aid in deeming him qualified to serve
as a chief executive of the District Council" and that he "admitted too much when he
stated that he had received pledges of assistance from siblings (one of whom is an
attorney) in meeting the challenge of being EST." (RO's Findings Regarding
Required Approval of Candidates for EST, dated Sept. 24, 2013, at 3.) (Signed by
Judge Richard M. Berman on 10/23/2013) (mro) Modified on 10/24/2013 (sdi).
1426
Filed &
Entered:
10/23
/2013
Order
Docket Text: ORDER: The Court hereby grants the District Council's application and
approves the CBA between the District Council and the Cement League, including
its provisions regarding full mobility and anti-corruption technology mechanisms.
The Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to
permit the parties forthwith to implement the full mobility job hiring and compliance
technology procedures specified in the CBA between the District Council and the
Cement League approved on October 9, 2013. The District Council shall file with
the Court approximately every thirty (30) days after entry of this Order and
approximately every thirty days thereafter until further order of the Court a report
describing (i) the progress and effect of the electronic jobs reporting procedures and
the compliance and enforcement procedures under the CBA between the District
Council and the Cement League, the CBA between the District Council and
CAGNY, the CBA between the District Council and the Floor Coverers Association,
the CBA between the District Council and the GCA, the CBA between the District
Council and the BCA, and the CBA between the District Council and the WC&C;
(ii) the anti-corruption enforcement efforts of the District Council; and (iii)
additional information regarding the status of the CBA between the District Council
and the Cement League, the CBA between the District Council and CAGNY, the
CBA between the District Council and the Floor Coverers Association, the CBA
between the District Council and the GCA, the CBA between the District Council
and the BCA, and the CBA between the District Council and the WC&C pertaining
to enforcement of the Consent Decree. The reports may be consolidated. (Signed by
Judge Richard M. Berman on 10/23/2013) (mro)
1424
Filed &
Entered:
10/21
/2013
Notice of Appearance
Docket Text: NOTICE OF APPEARANCE by Patrick Kenaris Foster on behalf of
The Cement League, Incorporated. (Foster, Patrick)
1420
Filed &
Entered:
10/17
/2013
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Patrick Nee dated 10/16/13 re: Patrick Nee writes in response to Ms. Rhodes
response to his submission to the Court. ENDORSEMENT: Clerk to docket. (Signed
by Judge Richard M. Berman on 10/17/2013) (mro)
1421
Filed &
Entered:
10/17
/2013
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on THE NEW YORK CITY DISTRICT
COUNCIL OF CARPENTERS OF THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA NEW COMPUTERIZED
INFORMATION SYSTEM PROPOSED BY THE REVIEW OFFICER.
ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on
10/17/2013) (mro)
1422
Filed &
Entered:
10/17
/2013
Response to Motion
Docket Text: RESPONSE to Motion re: [1413] FIRST MOTION to Amend/Correct
Letter and Findings dated September 24, 2013.. Document filed by Dennis Walsh.
(Rohde, Bridget)
1423
Filed &
Entered:
10/17
/2013
Certificate of Service Other
Docket Text: CERTIFICATE OF SERVICE of Response to Motion on 10/17/13.
Document filed by Dennis Walsh. (Rohde, Bridget)

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