1:08-cv-06959-CSH
Dilacio v. New York City District Council of the United Brotherhood of Carpenters & Joiners of America et al
CASREF, CLOSED, ECF, RELATED

U.S. District Court
United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:08-cv-06959-CSH-THK


Dilacio v. New York City District Council of the United Brotherhood of Carpenters & Joiners of America et al
Assigned to: Judge Charles S. Haight
Referred to: Magistrate Judge Theodore H. Katz
Related Case:  1:90-cv-05722-CSH-THK
Case in other court:  State Court-Supreme, 108342-08
Cause: 28:1441 Petition for Removal- Labor/Mgmnt. Relatio

Date Filed: 08/05/2008
Date Terminated: 12/24/2008
Jury Demand: None
Nature of Suit: 730 Labor: Reporting/Disclosure
Jurisdiction: Federal Question
Plaintiff
George Dilacio, Jr. represented by John A. Sarcone , III
The Sarcone Law Firm, PLLC
222 Bloomingdale Road, Suite 301
White Plains , NY 10605
(914)-686-8200
Fax: (914)-686-8988
Email: jasesq@mindspring.com
ATTORNEY TO BE NOTICED

V.
Defendant
New York City District Council of the United Brotherhood of Carpenters & Joiners of America represented by Gary P. Rothman
O'Dwyer and Bernstein, L.L.P.
52 Duane Street
New York , NY 10007
(212)-571-7100
Fax: (212)-571-7124
Email: grothman@odblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gary Silverman
O'Dwyer and Bernstein, L.L.P.
52 Duane Street
New York , NY 10007
212-571-7100
Fax: 212-571-7124
Email: gsilverman@odblaw.com
ATTORNEY TO BE NOTICED
Defendant
Michael J. Forde
personally
represented by Gary P. Rothman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gary Silverman
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William P. Callahan represented by Erik March Zissu
Stillman, Friedman & Shechtman, P.C.
425 Park Avenue
New York , NY 10022
(212) 223-0200
Fax: (212) 223-1942
Email: ezissu@stillmanfriedman.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
08/05/2008 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 108342-08. (Filing Fee $ 350.00, Receipt Number 659025).Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde.(tro) (Entered: 08/12/2008)
08/05/2008 CASE REFERRED TO Judge Judge Charles S. Haight as possibly similar to 1:90-cv-5722. (tro) (Entered: 08/12/2008)
08/05/2008 Case Designated ECF. (tro) (Entered: 08/12/2008)
08/14/2008 CASE ACCEPTED AS RELATED. Create association to 1:90-cv-05722-THK. Notice of Assignment to follow. (mbe) (Entered: 08/22/2008)
08/14/2008 6 NOTICE OF CASE ASSIGNMENT to Judge Charles S. Haight. (mbe) (Entered: 08/22/2008)
08/14/2008 Magistrate Judge Theodore H. Katz is so designated. (mbe) (Entered: 08/22/2008)
08/18/2008 2 AFFIDAVIT OF SERVICE of Notice of Removal served on John A. Sarcone, III on August 5, 2008. Service was made by Mail. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Silverman, Gary) (Entered: 08/18/2008)
08/18/2008 3 MOTION to Dismiss. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde.(Silverman, Gary) (Entered: 08/18/2008)
08/18/2008 4 AFFIDAVIT of Denis R. Sheil, III in Support re: 3 MOTION to Dismiss.. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Attachments: # 1 Exhibit 1, # 2 Affidavit of Service)(Silverman, Gary) (Entered: 08/18/2008)
08/18/2008 5 MEMORANDUM OF LAW in Support re: 3 MOTION to Dismiss.. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Silverman, Gary) (Entered: 08/18/2008)
08/22/2008 7 ENDORSED LETTER addressed to Judge Paul A. Crotty from John A. Sarcone dated August 22, 2008 re: Please advise as to whether a particular time on August 25 is better, although we must appear before the scheduled trial time of 6:00 PM, with respect to plaintiffs proposed order to show cause on Monday, August 25, 2008. ENDORSEMENT: The Court will consider this matter at 1 PM on Monday, August 25, 2008 in Courtroom 20-C. Plaintiff must give notice to all interested parties and advise them that the Court will consider this matter including any TROs at the scheduled hearing. Failure to give such notice by no later than Monday, August 25, at 9 AM will result in denial of the Order to Show Cause and TRO. So Ordered. (Show Cause Hearing set for 8/25/2008 at 01:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty - PART I.) (Signed by Judge Paul A. Crotty on August 22, 2008) (mov) (Entered: 08/22/2008)
08/25/2008 8 AMENDED COMPLAINT against New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde, William P. Callahan.Document filed by George Dilacio, Jr.(dle) (dle). (Entered: 08/26/2008)
08/26/2008 9 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. New York City District Council of the United Brotherhood of Carpenters & Joiners of America served on 8/25/2008, answer due 9/15/2008; Michael J. Forde served on 8/25/2008, answer due 9/15/2008; William P. Callahan served on 8/25/2008, answer due 9/15/2008. Document filed by George Dilacio, Jr. (Sarcone, John) (Entered: 08/26/2008)
08/27/2008 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John Sarcone for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 8 Amended Complaint to: case_openings@nysd.uscourts.gov. (dle) (Entered: 08/27/2008)
09/09/2008 10 ORDER: The following briefing schedule was directed at the end of the conference. Plaintiff will file and serve his motion papers on or before 5:00 p.m., on September 10, 2008. Defendant's will file and serve opposing papers on or before 12:00 noon on September 19, 2008. Plaintiff may, if so advised, file and serve reply papers on or before 5:00 p.m., on September 22, 2008. In Order to be considered by the Court, Plaintiff's motion papers must include a sworn affidavit or declaration from plaintiff personally, addressing the question of this Court's possible recusal under 28 U.S.C. 455. The Court's rulings on all procedural, substantive, and scheduling questions will be addressed in further Orders after the submission of the papers referred to in this Order. (Signed by Judge Charles S. Haight on 9/9/2008) (jfe) (Entered: 09/09/2008)
09/12/2008 11 NOTICE OF APPEARANCE by Erik March Zissu on behalf of William P. Callahan (Zissu, Erik) (Entered: 09/12/2008)
09/15/2008 12 MOTION to Dismiss the Amended Complaint. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde.(Silverman, Gary) (Entered: 09/15/2008)
09/15/2008 13 AFFIRMATION of Gary Rothman in Support re: 12 MOTION to Dismiss the Amended Complaint.. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Attachments: # 1 Exhibit 1)(Silverman, Gary) (Entered: 09/15/2008)
09/15/2008 14 MOTION to Dismiss the Amended Complaint. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde.(Silverman, Gary) (Entered: 09/15/2008)
09/15/2008 15 AFFIRMATION of Gary Rothman in Support re: 14 MOTION to Dismiss the Amended Complaint.. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Attachments: # 1 Exhibit 1)(Silverman, Gary) (Entered: 09/15/2008)
09/15/2008 16 MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Amended Complaint.. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Silverman, Gary) (Entered: 09/15/2008)
09/18/2008 17 MEMO ENDORSEMENT denying as moot 3 Motion to Dismiss. ENDORSEMENT: Counsel for the defendants District Council and Forde having advised the court by letter dated September 5, 2008 that the within motion has been withdrawn, the motion is denied as moot.. (Signed by Judge Charles S. Haight on 9/17/08) (mme) (Entered: 09/18/2008)
09/19/2008 18 MEMORANDUM OF LAW in Opposition re: 10 Order, Set Deadlines,,,,,,. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Silverman, Gary) (Entered: 09/19/2008)
09/19/2008 19 OPPOSITION BRIEF re: 10 Order, Set Deadlines,,,,,,. Document filed by William P. Callahan. (Attachments: # 1 Exhibit Exhibit 1 to Callahan Opposition, # 2 Affidavit Callahan Declaration, # 3 Exhibit Exhibit A to Callahan Declaration, # 4 Exhibit Exhibit B to Callahan Declaration, # 5 Exhibit Exhibit C to Callahan Declaration)(Zissu, Erik) (Entered: 09/19/2008)
09/19/2008 20 DECLARATION of Maurice Leary in Opposition re: 10 Order, Set Deadlines,,,,,,. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit B-1, # 7 Exhibit B-2, # 8 Exhibit B-3, # 9 Exhibit B-4, # 10 Exhibit B-5, # 11 Exhibit B-6, # 12 Exhibit B-7, # 13 Exhibit B-8, # 14 Exhibit C, # 15 Exhibit D, # 16 Exhibit F)(Silverman, Gary) (Entered: 09/19/2008)
09/19/2008 21 DECLARATION of Aaron Gholston in Opposition re: 10 Order, Set Deadlines,,,,,,. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Attachments: # 1 Exhibit E)(Silverman, Gary) (Entered: 09/19/2008)
09/19/2008 22 SECOND MEMORANDUM OF LAW in Opposition re: 10 Order, Set Deadlines,,,,,,. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Silverman, Gary) (Entered: 09/19/2008)
09/22/2008 23 REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for a TRO and a Preliminary Injunction. Document filed by George Dilacio, Jr. (Sarcone, John) (Entered: 09/22/2008)
09/22/2008 24 REPLY AFFIDAVIT of George DiLacio, Jr. in Support. Document filed by George Dilacio, Jr. (Attachments: # 1 Exhibit A)(Sarcone, John) (Entered: 09/22/2008)
09/29/2008 25 MEMORANDUM OPINION AND ORDER #96555: Plaintiff Dilacio's motion for a temporary restraining order is denied as to all Defendants. Expedited discovery consistent with this Opinion will be supervised by a Magistrate Judge. The return date of Plaintiffs motion for a preliminary injunction, and a determination of whether a further evidentiary hearing is required, will be the subjects of a subsequent Order of the Court. (Signed by Judge Charles S. Haight on 9/29/2008) (jpo) Modified on 9/30/2008 (rw). (Entered: 09/29/2008)
09/29/2008 26 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling discovery, non-dispositive pretrial motions and settlement). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Charles S. Haight on 9/29/2008) (jpo) (Entered: 09/29/2008)
09/30/2008 27 MOTION to Dismiss The Amended Complaint. Document filed by William P. Callahan.(Zissu, Erik) (Entered: 09/30/2008)
09/30/2008 28 MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss The Amended Complaint.. Document filed by William P. Callahan. (Attachments: # 1 Exhibit 1)(Zissu, Erik) (Entered: 09/30/2008)
09/30/2008 29 DECLARATION of William P. Callahan in Support re: 27 MOTION to Dismiss The Amended Complaint.. Document filed by William P. Callahan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zissu, Erik) (Entered: 09/30/2008)
10/13/2008 30 MEMORANDUM OF LAW in Opposition re: 14 MOTION to Dismiss the Amended Complaint.. Document filed by George Dilacio, Jr. (Attachments: # 1 Exhibit A)(Sarcone, John) (Entered: 10/13/2008)
10/14/2008 31 ENDORSED LETTER addressed to Judge Charles S. Haight from John Sarcone dated 10/8/08 re: Request to extend plaintiff's time to file opposition papers to 10/29/08 and defendant Callahan's time to reply to 11/12/08 with respect to the motion to dismiss. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 27 MOTION to Dismiss The Amended Complaint. ( Response due by 10/29/2008, Reply due by 11/12/2008.) (Signed by Judge Charles S. Haight on 10/14/08) (cd) (Entered: 10/14/2008)
10/16/2008 32 ORDER: Accordingly, the plaintiff's motion for a preliminary injunction will be held in abeyance until the Court decides the defendants' motions to dismiss. Given the exigencies of the case, the Court will expedite its opinions. So Ordered (Signed by Judge Charles S. Haight on 10/16/08) (js) (Entered: 10/17/2008)
10/17/2008 33 EXPEDITED DISCOVERY SCHEDULING ORDER: Parties to exchange discovery demands and notice to depose witnesses on or before 10/16/08. Parties to exchange responses and objections and documents to discovery demands on or before 10/31/08. Parties to exchange responsive documents on or before 10/31/08. Depositions to commence on or before 11/6/08 and to be completed by 12/1/08. (Signed by Magistrate Judge Theodore H. Katz on 10/17/08) (tro) (Entered: 10/17/2008)
10/27/2008 34 ENDORSED LETTER addressed to Judge Charles S. Haight, Jr. from Gary Silverman dated 10/24/08 re: Counsel requests an enlargement of time to submit reply papers with respect to their motion to dismiss to and including October 31, 2008. ENDORSEMENT: So ordered. (Signed by Judge Charles S. Haight on 10/27/08) (mme) (Entered: 10/27/2008)
10/29/2008 35 ENDORSED LETTER addressed to Judge Charles S. Haight Jr from John A. Sarcone, III dated 10/28/2008 re: Counsel respectfully request an extension of time to file opposition papers to defendant Callahan's motion to dismiss to November 7, 2008 and a corresponding extension of time for defendant Callahan to reply to November 21, 2008. ENDORSEMENT: So Ordered. (Signed by Judge Charles S. Haight on 10/29/2008) (jfe) (Entered: 10/29/2008)
10/29/2008 36 ORDER: Having considered the most recent correspondence of counsel, expedited discovery as to all defendants is stayed pending the Court's decisions on the defendants' several motions to dismiss the plaintiffs complaint and until the further order of the Court. (Signed by Judge Charles S. Haight on 10/29/2008) (jfe) (Entered: 10/29/2008)
10/30/2008 37 ORDER: The Court's order dated October 29, 2008 staying expedited discovery is vacated as improvidently made, since it did not take into account the letter of plaintiff's counsel dated October 20, 2008. That letter expressed disagreement with the letter dated October 17 from counsel for the District Council defendants, which argued that the Court's order dated October 16, 2008 stayed all discovery in the action. In consequence, a dispute exists with respect to discovery of the District Council defendants which this Court must consider anew. Counsel for defendant Callahan wrote a letter to the Court dated October 22 which argued, on somewhat different grounds, that discovery should be stayed as to him. Counsel for the plaintiff does not appear to have responded to that letter. In these circumstances, the fair procedure is to allow counsel for all parties to submit further briefs on the issue of discovery. Those letters must be received by the Court not later than the close of business on November 3, 2008. (Signed by Judge Charles S. Haight on 10/30/2008) (rw) (Entered: 10/30/2008)
10/31/2008 38 REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Amended Complaint., 12 MOTION to Dismiss the Amended Complaint.. Document filed by New York City District Council of the United Brotherhood of Carpenters & Joiners of America, Michael J. Forde. (Silverman, Gary) (Entered: 10/31/2008)
11/06/2008 39 ORDER For the reasons set forth in this order, discovery is stayed pending the Courts resolution of the defendants motion to dismiss plaintiffs complaint (Signed by Judge Charles S. Haight on 11/6/08) (mme) (Entered: 11/06/2008)
11/11/2008 40 MEMORANDUM OF LAW in Opposition re: 27 MOTION to Dismiss The Amended Complaint.. Document filed by George Dilacio, Jr. (Attachments: # 1 Exhibit A)(Sarcone, John) (Entered: 11/11/2008)
11/25/2008 41 REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss The Amended Complaint.. Document filed by William P. Callahan. (Zissu, Erik) (Entered: 11/25/2008)
11/25/2008 42 NOTICE OF CHANGE OF ADDRESS by Erik March Zissu on behalf of William P. Callahan. New Address: Stillman, Friedman & Shechtman, P.C., 425 Park Avenue, New York, New York, United States of America 10022, 212-223-0200. (Zissu, Erik) (Entered: 11/25/2008)
12/03/2008 43 ORDER: The motion of Defendants New York City District Council of the United Brotherhood of Carpenters & Joiners of America and Michael J. Forde to dismiss the Amended Complaint of Plaintiff George Dilacio, Jr. is GRANTED, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, as to the First Cause of Action pleaded in the Amended Complaint, alleging a violation of Plaintiff's rights under section 101 of Title I of the Labor-Management Reporting and DisclosureAct, 29 U.S.C. § 411(a)(2), because the Court concludes that the First Cause of Action fails to state a claim upon which relief can be granted. The motion of these Defendants to dismiss the Second and Third Causes of Action pleaded in the Amended Complaint is GRANTED, because the Court, pursuant to 28 U.S.C. § 1367(c)(3), declines to exercise supplemental jurisdiction over these pendentcommon law claims. The motion of Defendant William P. Callahan to dismiss the Amended Complaint of Plaintiff George Dilacio, Jr. is GRANTED in its entirety. Given the exigencies of time in the case, the Court issues this Order in advance of the Opinion setting forth the Court's reasons. That Opinion will be filed subsequently. It is so ordered. (Signed by Judge Charles S. Haight on 12/2/08) (js) (Entered: 12/03/2008)
12/15/2008 44 MEMORANDUM OPINION #96862 that because Dilacio amended his complaint in response to the defendants' first motion to dismiss, the Court denies leave to replead, it being evident that Dilacio has fashioned the best pleading that he can and it is inadequate. The Court declines to exercise supplemental jurisdiction under 28 USC 1367(c)(3). (Signed by Judge Charles S. Haight on 12/15/08) (cd) Modified on 12/16/2008 (mro). (Entered: 12/15/2008)
12/24/2008 45 CLERK'S JUDGMENT That for the reasons stated in the Court's Order and Memorandum Opinion dated December 2, 2008 and December 15, 2008, the motions of all of the defendants are granted. (Signed by J. Michael McMahon, clerk on 12/24/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 12/24/2008)