[September 18, 2014]

U.S. District Court

Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE # 1:90-cv-05722-RMB-RLE
United States Of, et al v. District Council Of, et al
Richard M. Berman, presiding
Ronald L. Ellis, referral
Date filed: 09/06/1990
Date of last filing: 09/15/2014
History
Doc.
No.
Dates Description

Filed &
Entered:
09/15
/2014
Transmission of Notice of Appeal and Docket Sheet to USCA
Docket Text: Transmission of Notice of Appeal and Certified Copy of Docket Sheet
to US Court of Appeals re: [1573] Notice of Appeal. (tp)

Filed &
Entered:
09/15
/2014
Appeal Record Sent to USCA - Electronic File
Docket Text: Appeal Record Sent to USCA (Electronic File). Certified Indexed
record on Appeal Electronic Files (ONLY) for [1573] Notice of Appeal filed by
Patrick Nee, Levi Messenetti were transmitted to the U.S. Court of Appeals. (tp)
1571
Filed &
Entered:
09/12
/2014
Order
Docket Text: ADMINISTRATIVE ORDER: The Court understands that Review
Officer Dennis M. Walsh intends to leave his position on December 31,2014 (see
Ltr. from Dennis M. Walsh to Hon. Richard Berman, dated Aug. 6, 2014, at 3), and
proposes to continue to serve under the June 3, 2010 Stipulation and Order until that
time. This seems like a reasonable schedule. The Court assumes that the RO will use
his best efforts to update and inform Glen McGorty (his likely successor) regarding
the relevant responsibilities of the RO and operations of the District Council. Mr.
McGorty has, no doubt, become well-versed in the record of these proceedings. The
Court also requests that RO Walsh submit to the Court a (blacklined) version of the
parties' Proposed Stipulation and Order reflecting all of his recommended changes to
the document. This submission is due on or before September 22, 2014. The
Government-jointly with the District Council-is requested to provide the Court with
(proposed) alternatives to the mechanism outlined in paragraph 5.b.iii. of the
Proposed Stipulation and Order, as the Court has some concern over the feasibility
of relying upon civil contempt remedies. This submission is due on or before
September 22, 2014 (Signed by Judge Richard M. Berman on 9/12/2014) (kgo)
1572
Filed &
Entered:
09/12
/2014
Order on Motion to Withdraw as Attorney
Docket Text: MEMO ENDORSEMENT granting [1570] Motion to Withdraw as
Attorney. ENDORSEMENT: SO ORDERED (***Attorney Adrian D. Healy
terminated.) (Signed by Judge Richard M. Berman on 9/12/2014) (kgo)
1573
Filed: 09/12/2
Notice of Appeal
Docket Text: JOINT NOTICE OF APPEAL from [1569] Memorandum & Opinion.
014
Entered:
09/15/2
014
Document filed by Levi Messenetti, Patrick Nee. Filing fee $ 505.00, receipt number
465401104841. Form D-P is due within 14 days to the Court of Appeals, Second
Circuit. (tp)
1567
Filed &
Entered:
09/10
/2014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1566] Letter, filed by Levi
Messenetti. ENDORSEMENT: Mr. Nee and Mr. Messenetti should consult with the
Clerk's office and follow their procedures re: attachments. SO ORDERED. (Signed
by Judge Richard M. Berman on 9/10/2014) (ja)
1568
Filed &
Entered:
09/10
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated September 10, 2014 re: Response to Court's Order of September 8,
2014. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters.(Jones, Barbara)
1569
Filed &
Entered:
09/10
/2014
Memorandum & Opinion
Docket Text: OPINION & ORDER #104714: For the foregoing reasons herein, the
Court, on remand, denies the applications of Mssrs. Nee [Dkt. # 1166] and
Messinetti [Dkt. # 1193], dated July 23, 2012 and July 24, 2012, respectively, to
vacate the RO's vetos of their (prior) service as delegates and officers of Local 157.
(Signed by Judge Richard M. Berman on 9/10/2014) (kgo) (Main Document 1569
replaced on 9/10/2014) (kgo). Modified on 9/12/2014 (ca).
1570
Filed &
Entered:
09/1
0/20
14
Terminated
:
09/1
2/20
14
Motion to Withdraw as Attorney
Docket Text: MOTION for Adrian D. Healy to Withdraw as Attorney . Document
filed by District Council, N.Y.C. District Council of N.Y.C. & Vicinity of the United
Brotherhood of Carpenters.(Murphy, James)
1562
Filed &
Entered:
09/08
/2014
Order
Docket Text: ADMINISTRATIVE ORDER:The deadline for providing written
submissions pursuant to the Court's July 25, 2014 Order, including a submission
from the District Council, is extended to Wednesday, September 10, 2014 at noon.
(Signed by Judge Richard M. Berman on 9/8/2014) (kgo)
1563
Filed &
Entered:
09/08
/2014
Scheduling Order
Docket Text: ADMINISTRATIVE ORDER: The hearing currently scheduled for
September 10, 2014 is hereby rescheduled to Tuesday, September 30, 2014 at 11:30
a.m. Parties or individuals who wish to be heard at the hearing must provide written
submissions, including the content of their presentation(s), to the Court by
September 22, 2014. Excluded from this requirement are the Government, the
District Council, the Review Officer, and Mssrs. Nee and Messinetti, who have
previously submitted materials to the Court. (Status Conference set for 9/30/2014 at
11:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman
on 9/8/2014) (kgo)
Notice of Appearance
1564
Filed &
Entered:
09/08
/2014
Docket Text: NOTICE OF APPEARANCE by Gillian Costello on behalf of United
Brotherhood of Carpenters And Joiners of America. (Costello, Gillian)
1565
Filed &
Entered:
09/08
/2014
Notice of Appearance
Docket Text: NOTICE OF APPEARANCE by Gillian Costello on behalf of N.Y.C.
District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
(Costello, Gillian)
1566
Filed:
09/08/2
014
Entered:
09/09/2
014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and
Levy Messinetti, dated 9/8/14 re: Appellants, Patrick Nee and Levy Messinetti,
inform the Court that, in their letter submitted to the Court on 9/2/14,they were not
seeking to have the Court serve the parties, but to have the attachments to their Brief
put on the record/docket; and they request that the Court inform them as to what
they need to do in order to have their attachments appear on the record. Document
filed by Levi Messenetti.(sc)
1561
Filed &
Entered:
09/03
/2014
Order
Docket Text: ADMINISTRATIVE ORDER: The following is the text of the Court's
handwritten September 2, 2014 memo endorsement, with respect to the submission
(and attachments) of Mssrs. Nee and Messenetti, dated August 25, 2014: "Parties are
responsible to serve and file all court submissions on opposing counsel/parties. That
is not the Court's responsibility (Mr. Nee's attachments contain hundreds of pages)."
(Signed by Judge Richard M. Berman on 9/3/2014) (kgo)
1557
Filed &
Entered:
09/02
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and
Levy Messinetti, dated 9/2/14 re: Mr. Nee and Mr. Messinetti request that the Court
inform them as to why the attachments which they submitted with their brief do not
appear on the docket. Document filed by Patrick Nee.(sc)
1558
Filed &
Entered:
09/02
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and
Levy Messinetti, dated 9/2/14 re: Mr. Nee and Mr. Messinetti submit this letter in
response to the letters submitted by the Review Officer and the Government; and
they request that the Court vacate the decision of the Review Officer;and that they
should be made whole for the monies which they would have received if not for the
unlawful intrusion of the Review Officer. Document filed by Levi Messenetti and
Patrick Nee.(sc)
1559
Filed &
Entered:
09/02
/2014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1557] Letter, filed by Patrick Nee.
ENDORSEMENT: Parties are responsible to serve and file all court submissions on
opposing counsel/parties. That is not the Court's responsibility (Mr. Nee's
attachments contain hundreds of pages). (Signed by Judge Richard M. Berman on
9/2/2014) (kgo) Modified on 9/3/2014 (kgo).
1560
Filed &
Entered:
09/02
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Patrick Nee and
Levy Messinetti re: We respectfully submit this letter in response to the letters
submitted by the Review Officer and the Government. Clerk to docket. Document
filed by Levi Messenetti, Patrick Nee.(kgo)
1555
Filed &
Entered:
08/27
/2014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT ON BRIEF OF PATRICK NEE AND
LEVY MESSENETTI IN RESPONSE TO COURTS REQUEST FOR
SUBMISSIONS: ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by
Judge Richard M. Berman on 8/27/2014) (ja)
1556
Filed &
Entered:
08/27
/2014
Order
Docket Text: ADMINISTRATIVE ORDER: Mssrs. Nee and Messenetti are
requested to serve their submission to the Court, dated August 25, 2014, on the
Review Officer and the Government. (Signed by Judge Richard M. Berman on
8/27/2014) (ja)
1553
Filed &
Entered:
08/25
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Bridget M.
Rohde, Esq. dated August 25, 2014 re: Response to the Court's Order dated July 25,
2014. Document filed by Dennis Walsh. (Attachments: # (1) Declaration of Dennis
M. Walsh, # (2) Certificate of Service)(Rohde, Bridget)
1554
Filed &
Entered:
08/25
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Benjamin H.
Torrance dated August 25, 2014 re: Response to the Court's Order dated July 25,
2014. Document filed by United States of America. (Attachments: # (1) Affidavit
Decl. of Benjamin H. Torrance)(Torrance, Benjamin)
1552
Filed &
Entered:
08/19
/2014
Status Report
Docket Text: STATUS REPORT. The Fourteenth 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)(Lee, Theresa)

Filed &
Entered:
08/11
/2014
Notice of Redesignation to Magistrate Judge
Docket Text: NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE
JUDGE. The above entitled action has been redesignated to Magistrate Judge
Ronald L. Ellis. Please note that this is a reassignment of the designation only. (pgu)

Filed &
Entered:
08/11
/2014
Notice of Reassignment of Referral to Magistrate Judge
Docket Text: NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER
MAGISTRATE JUDGE. The referral in the above entitled action has been
reassigned to Magistrate Judge Ronald L. Ellis, for General Pretrial (includes
scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate
Judge Theodore H. Katz no longer referred to the case. (pgu)
1551
Filed &
Entered:
08/11
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated August 11, 2014 re: Comment on the Changes in Oversight in the
Proposed Stipulation and Order dated May 27, 2014. Document filed by N.Y.C.
District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.
(Jones, Barbara)
1550
Filed &
Entered:
08/06
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Dennis M.
Walsh dated August 6, 2014 re: comment on proposed Stipulation and Order
pursuant to Court's Order of June 6, 2014. Document filed by Dennis Walsh.(Rohde,
Bridget)
1549
Filed &
Entered:
07/25
/2014
Order
Docket Text: ORDER: In light of the July 23, 2014 Summary Order of the United
States Court of Appeals for the Second Circuit vacating this Court's October 23,
2012 Order (while expressing "no opinion regarding the propriety of the RO's
action"), the Court hereby requests (simultaneous) briefing from the parties
(including Mssrs. Nee and Messinetti, the Review Officer, and the Government) on
the following issues: (1) Whether, as a matter of jurisdiction, the issues raised by the
applications of Mssrs. Nee and Messinetti, dated July 23, 2012 and July 24, 2012,
respectively, remain ripe for consideration, given the events and passage of time
between the Court's October 23, 2012 Order and the Court of Appeals' July 23, 2014
Summary Order; and (2) Whether the Review Officer's June 26, 2012 "Notice of
Veto" was within the Review Officer's authority under the June 2010 Stipulation and
Order, and citing to appropriate background, context, and authority which may help
to resolve any "ambiguity" perceived by the Second Circuit. The parties' respective
submissions should be no longer than twenty pages, double-spaced and should be
served and filed on or before August 25, 2014. (Signed by Judge Richard M.
Berman on 7/25/2014) (ja)
1548
Filed &
Entered:
07/23
/2014
USCA Order
Docket Text: TRUE COPY ORDER of USCA as to [1208] Notice of Appeal, filed
by Patrick Nee, Levi Messenetti USCA Case Number 12-4883. Ordered, Adjudged
and Decreed that the order of the District Court is VACATED and the matter is
REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for
the Second Circuit. Certified: 07/23/2014. (nd)
1547
Filed &
Entered:
07/18
/2014
Status Report
Docket Text: STATUS REPORT. The Thirteenth 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, #
(2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, #
(8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13)
Exhibit)(Lee, Theresa)
1545
Filed &
Entered:
07/15
/2014
Memorandum & Opinion
Docket Text: OPINION & ORDER #104514: Having reviewed the record herein,
including (i) the Consent Decree... the Court respectfully responds to Ms. Grier's
application, as follows: The Court is not empowered to consider Ms. Grier's
application because, "[i]n the case at bar, the Court is concerned only with the
proper implementation of the Consent Decree,"... The RO's actions with respect to
Ms. Grier do not violate the Stipulation and Order, which provides the RO with
authority to "ensure compliance with the injunctions set forth in the Consent
Decree." (Stipulation and Order para. 5.a.) The RO, in fact, reviewed Ms. Grier's
allegations and concluded that her termination "was not unjustified and was well
documented by the Javits Center" and that "the District Council's decision not to
pursue the grievance was prudent and did not constitute a violation of the National
Labor Relations Act." (RO Letter at 1.) The Court, therefore, respectfully denies Ms.
Grier's application. (Signed by Judge Richard M. Berman on 7/15/2014) (ja)
Modified on 7/17/2014 (ca).
1546
Filed &
Entered:
07/15
/2014
Memorandum & Opinion
Docket Text: OPINION & ORDER 104515: Having reviewed the record herein,
including (i) the Consent Decree... the Court respectfully responds to Ms. Rusek-
Zoilkowski's application, as follows: The Court is not empowered to consider Ms.
Rusek- Ziolkowski's application which contests the Board of Trustees' denial of her
late husband's application for deferred pension benefits, because, "[i]n the case at
bar, the Court is concerned only with the proper implementation of the Consent
Decree,"... In her application, Ms. Rusek-Ziolkowski does not describe racketeering
activity, but only that the Board of Trustees determined that her late husband was
ineligible for certain pension benefits... ("[The] Court in this litigation does not have
plenary jurisdiction to consider all issues that might arise under the Federal labor
laws with respect to the conduct of the UBC vis-a-vis the District Council and its
constituent locals."). The Court, therefore, respectfully denies Ms. Rusek-
Ziolkowski's application. (Signed by Judge Richard M. Berman on 7/15/2014) (ja)
Modified on 7/17/2014 (nt).
1544
Filed &
Entered:
07/11
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Barbara S.
Jones dated July 11, 2014 re: Programming Error. Document filed by N.Y.C. District
Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Lee,
Theresa)
1543
Filed &
Entered:
07/07
/2014
Memo Endorsement
Docket Text: MEMO ENDORSEMENT on re: [1542] Letter filed by Dennis Walsh.
ENDORSEMENT: RO's application Granted. SO ORDERED. (Signed by Judge
Richard M. Berman on 7/07/2014) (ama)
Endorsed Letter
1540
Filed &
Entered:
06/30
/2014
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Bridget M. Rohde, dated 6/18/2014, re: response to the Court's endorsement of June
13, 2014 with respect to a letter submitted by District Council member Helena Grier.
ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on
6/30/2014) (ja)
1541
Filed &
Entered:
06/30
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman, from
Bridget M. Rohde, dated 6/26/2014, re: We write in response to the Court's
endorsement of June 17, 2014 with respect to a letter submitted by Joshua Douglass,
Esq., on behalf of Elizabeth Rusek-Ziolkowski. ENDORSEMENT: Clerk to docket.
(Signed by Judge Richard M. Berman on 6/30/2014) (ja)
1542
Filed &
Entered:
06/30
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Bridget M.
Rohde, Esq. dated June 30, 2014 re: Review Officer's Changes to the 2011 Final
Election Rules. Document filed by Dennis Walsh. (Attachments: # (1) Final Rules
for the 2014 Election of the Officers of the District Council of Carpenters of New
York City and Vicinity)(Rohde, Bridget)
Notice Regarding Deleted Document
Docket Text: ***DELETED DOCUMENT. Deleted document number [1540]
LETTER. The document was filed as a duplicate entry of document #1539 in
this case. (djc)
1539
Filed &
Entered:
06/19
/2014
Letter
Docket Text: LETTER addressed to Judge Richard M. Berman from Pure Spectator
dated 3/19/2014 re: Furthermore your honor, in doing so, I believe the review officer
to be guilty of N.Y. PEN. LAW 460.20: NY Code - Section 460.20: Enterprise
corruption - and ask that your honor further investigate the conduct of the review
officer and take appropriate action in this matter. ***Docket and file instructions
from chambers. (tn) Modified on 6/19/2014 (tn).
1537
Filed &
Entered:
06/17
/2014
Status Report
Docket Text: STATUS REPORT. THE TWELFTH 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, #
(14) Exhibit N, # (15) Exhibit O)(Jones, Barbara)
1538
Filed &
Entered:
06/17
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Joshua Douglass re: Counsel requests that the Court schedule a hearing upon which
the relevant parties can determine whether the Trustees considered the "totality of
the circumstances" in denying my client benefits. ENDORSEMENT: Review officer
to respond by 6/27/14. (Signed by Judge Richard M. Berman on 6/17/2014) (tn)
1536
Filed &
Entered:
06/13
/2014
Endorsed Letter
Docket Text: ENDORSED LETTER addressed to Judge Richard M. Berman from
Ms. H. Grier, dated 6/5/2014 re: request assistance with a situation I'm having with
the NYDDCC not representing me properly, and Mr. Dennis Walsh (R.O.) not seeing
what the district counsel did as improper practices and or corruption.
ENDORSEMENT: RO is requested to respond by 6/19/2014. (Signed by Judge
Richard M. Berman on 6/13/2014) (ja)