JOHN SERPICO, individually as Matthias A. Lydon
member of Local 8, Laborers' [COR]
International Union of North Howard Michael Pearl
America and in his official [COR]
capacity as Second Vice Dan K. Webb
President of the Laborers [COR LD NTC A]
International Union of North Brian Mason Montgomery
America 1950 W. Erie Street, [COR]
Chicago, Illinois. Winston & Strawn
plaintiff 35 West Wacker Drive
41st Floor
Chicago, IL 60601
(312) 558-5800
v.
LABORERS INTERNATIONAL UNION Robert Eliot Shapiro
OF NORTH AMERICA [COR LD NTC A]
defendant Gayle L. Yeatman
[COR]
Barack, Ferrazzano, Kirschbaum,
Perlman & Nagelberg
333 West Wacker Drive
Suite 2700
Chicago, IL 60606
(312) 984-3100
ARTHUR A COIA, in his official Robert Eliot Shapiro
capacity as General President (See above)
of the Laborers' International [COR LD NTC A]
Union of North America, 905 Gayle L. Yeatman
16th Street, NW, Washington, (See above)
DC 20006 [COR]
defendant
ROLLIN P VINALL, in his Robert Eliot Shapiro
official capacity as General (See above)
Secretary-Treasurer of the [COR LD NTC A]
Laborers' International Union, Gayle L. Yeatman
700 NE Loop 820, Suite 210, (See above)
Hurst, TX 76053 [COR]
defendant
MASON M WARREN, in his Robert Eliot Shapiro
official capacity of First (See above)
Vice President of the [COR LD NTC A]
Laborers' International Union Gayle L. Yeatman
of North America, 620 Sunbeam (See above)
Avenue, Sacramento, CA 95314 [COR]
defendant
VERE O HAYNES, in his official Robert Eliot Shapiro
capacity as Third Vice (See above)
President of the Laborers' [COR LD NTC A]
International Union of North Gayle L. Yeatman
America, 475 Ledyard Street, (See above)
Hartford, Connecticut U06114 [COR]
defendant
ENRICO MANCINELLI, in his Robert Eliot Shapiro
official capacity as Fifth (See above)
Vice President of the [COR LD NTC A]
Laborers' International Union Gayle L. Yeatman
of North America, 44 Hughson (See above)
Street, South, Hamilton, [COR]
Ontario, Canada L8N 2A7
defendant
CHUCK BARNES, in his official Robert Eliot Shapiro
capacity as Sixth Vice (See above)
President of the Laborers' [COR LD NTC A]
International Union of North Gayle L. Yeatman
America, Plaza 600, Room 1302, (See above)
Sixth & Steward Streets, [COR]
Seattle, Washington 98101
defendant
JACK WILKINSON, in his Robert Eliot Shapiro
official capacity as Seventh (See above)
Vice President of the [COR LD NTC A]
Laborers' International Union Gayle L. Yeatman
of North America 10521-C (See above)
Braddock Road, Fairfax, [COR]
Virginia 22032
defendant
MICHAEL QUEVEDO, in his Robert Eliot Shapiro
official capacity as Eight (See above)
Vice President of the [COR LD NTC A]
Laborers' International Union Gayle L. Yeatman
of North America, 4399 Santa (See above)
Anita Avenue, Suite 204, El [COR]
Monte, California 91731
defendant
ARMAND E SABITONI, in his Robert Eliot Shapiro
official capacity as Tenth (See above)
Vice President of the [COR LD NTC A]
Laborers' International Union Gayle L. Yeatman
of North America, 226 South (See above)
Main Street, Providence, Rhode [COR]
Island 02903 Who Constitute
the General Executive Board of
the Laborers' International
Union of North America.
defendant
GEORGE R GUDGER, in his Robert Eliot Shapiro
official capacity as Eighth (See above)
Vice President of the [COR LD NTC A]
Laborers' International Union Gayle L. Yeatman
of North America 5845 Live Oak (See above)
Parkway, Suite B1 Norcross, [COR]
Georgia 33093
defendant
1/31/95 1 COMPLAINT - Civil cover sheet - Appearance(s) of Brian
Mason Montgomery, Matthias A. Lydon, Howard Michael Pearl,
Dan K. Webb as attorney(s) for plaintiff with Rule 39
affidavits ( 10 and 10 copies summons(es) issued.) (
Documents: 1-1 through 1-6) (tlm) [Entry date 02/01/95]
1/31/95 -- RECEIPT regarding payment of filing fee paid; on 1/31/95 in
the amount of $ 120.00, receipt # 449199. (tlm)
[Entry date 02/01/95]
1/31/95 2 RULE 39 Affidavit of Dan K. Webb (nln) [Entry date 02/01/95]
2/23/95 3 REASSIGNMENT ORDER of 2/22/95: Case reassigned to
Honorable James B. Zagel from Honorable William T. Hart
pursuant to local General Rule 2.30H(2)(a)(b). (For
further detail see order). Mailed notice (rm)
[Entry date 02/24/95]
2/27/95 4 FIRST AMENDED COMPLAINT [1-1] by plaintiff; adding George R
Gudger (Exhibits) (rm) [Entry date 03/02/95]
3/10/95 8 MOTION by defendant to file brief in excess of 15 pages;
Notice of motions. (rm) [Entry date 03/14/95]
3/10/95 9 MINUTE ORDER of 3/10/95 by Hon. James B. Zagel : Status
hearing set for 4/7/95 at 10:00 a.m. Motion to file brief
in excess of fifteen pages on motion to dismiss [8-1] is
granted. Motion to dismiss service date is 3/10/95. Answer
brief service date is 3/24/95. Reply to answer brief date
is 3/28/95. Motion and briefs to be filed on 3/28/95. No
notice (rm) [Entry date 03/14/95]
3/13/95 5 ATTORNEY APPEARANCE for defendants by Robert Eliot Shapiro,
Gayle L. Yeatman (rm) [Entry date 03/13/95]
3/13/95 6 RULE 39 Affidavit of Gayle L. Yeatman (rm)
[Entry date 03/13/95]
3/13/95 7 RULE 39 Affidavit of Robert Eliot Shapiro (rm)
[Entry date 03/13/95]
3/24/95 10 RESPONSE by plaintiff to defendants' motion to dismiss or
transfer for improper venue, or, in the alternative, for
transfer to the district of Columbia (Attachments) (rm)
[Entry date 03/27/95]
3/31/95 11 UNOPPOSED MOTION by defendant for extension of time to
file reply brief on the pending motion to dismiss for
imprope venue, or, in the alternative, to transfer; Notice
of motion. (rm) [Entry date 04/06/95]
3/31/95 12 MINUTE ORDER of 3/31/95 by Hon. James B. Zagel : Granting
motion for extension of time to file reply brief on the
pending motion to dismiss for imprope venue, or, in the
alternative, to transfer [11-1]. Reply to answer brief to
motion to dismiss service date extended to 4/5/95. No
notice (rm) [Entry date 04/06/95]
3/31/95 13 MOTION by defendants for reassignment based on relatedness
under local general rule 2.31 (Exhibits); Notice of
motion (rm) [Entry date 04/06/95]
3/31/95 14 MINUTE ORDER of 3/31/95 by Hon. James B. Zagel : Granting
motion for reassignment based on relatedness under local
general rule 2.31 [13-1]. No notice (rm)
[Entry date 04/06/95]
4/7/95 -- SCHEDULE set on 4/7/95 by Hon. James B. Zagel : Status
hearing reset to 31 May 95 at 10:00. Mailed notice (dw)
[Entry date 04/17/95]
5/3/95 16 UNOPPOSED MOTION by defendants to extend time to file
reply to motion to dismiss; Notice of motion (rm)
[Entry date 05/10/95]
5/3/95 17 MINUTE ORDER of 5/3/95 by Hon. James B. Zagel : Granting
defendants' unopposed motion to extend time to file reply to
motion to dismiss [16-1]. Reply to answer brief to motion to
dismiss for improper venue [15-1] extended to 5/8/95.
Telephoned notice (rm) [Entry date 05/10/95]
[Edit date 05/10/95]
5/8/95 15 JOINT MOTION by defendants to dismiss for improper venue
or in the alternative, to transfer venue to the district
of Columbia (Attachments); Notice of re-filing (rm)
[Entry date 05/09/95] [Edit date 05/09/95]
5/10/95 18 MOTION by defendant to file brief in excess of 15 pages
(Exhibit); Notice of motion (rm) [Entry date 05/11/95]
5/10/95 19 MINUTE ORDER of 5/10/95 by Hon. James B. Zagel : Granting
defendants' motion to file brief in excess of 15 pages
[18-1]. Telephoned notice (rm) [Entry date 05/11/95]
5/25/95 20 SECOND AMENDED COMPLAINT by plaintiff (Exhibits) (cjg)
[Entry date 05/26/95]
5/30/95 21 RESPONSE by defendant to plaintiff's sur-reply to
defendants' motion to dismiss for improper venue [15-1] or
transfer on venue grounds to the district Columbia [15-2];
Notice of filing (rm) [Entry date 06/01/95]
5/31/95 22 MOTION by plaintiff for leave to file his supplemental
memorandum in opposition to defendants' motion to dismiss
or transfer; Notice of motion (rm) [Entry date 06/02/95]
5/31/95 23 MINUTE ORDER of 5/31/95 by Hon. James B. Zagel : Status
hearing held; continued to 10:00 6/21/95. Granting
plaintiff's motion for leave to file his supplemental
memorandum in opposition to defendants' motion to dismiss
or transfer [22-1]. Defendants given leave to file
additional briefs. No notice (rm) [Entry date 06/02/95]
5/31/95 24 SUPPLEMENTAL MEMORANDUM by plaintiff in opposition to
defendants' motion to dismiss for improper venue [15-1] or
transfer venue to the district of Columbia [15-2]
(Attachments); Notice of motion (rm) [Entry date 06/02/95]
6/9/95 25 ORDER (rm) [Entry date 06/12/95] [Edit date 05/01/96]
6/9/95 26 MINUTE ORDER of 6/9/95 by Hon. James B. Zagel : Enter
order offering opportunity to file briefs regarding 29 USC
411(a)(4). Mailed notice (rm) [Entry date 06/12/95]
6/21/95 -- SCHEDULE set on 6/21/95 by Hon. James B. Zagel : Status
hearing reset to 10:00 7/10/95 . No notice (dw)
[Entry date 06/26/95]
6/23/95 27 RESPONSE by defendants to the court's minute order of
6/9/95 inviting additioinal briefing on the import of 29
U.S.C. Section 411(a)(4); Notice of filing (rm)
[Entry date 06/26/95]
6/26/95 28 BRIEF by John Serpico on the relevance of 29 U.S.C. Section
411(a)(4) to the pending motion to dismiss or transfer (rm)
[Entry date 06/27/95] [Edit date 05/01/96]
7/10/95 29 STIPULATION of dismissal with prejudice. (rm)
[Entry date 07/11/95]
7/10/95 30 MINUTE ORDER of 7/10/95 by Hon. James B. Zagel : Status
hearing held. Pursuant to stipulation of dismissal with
prejudice, counts III and IV of the complaint is dismissed
with prejudice and without costs. Mailed notice (rm)
[Entry date 07/13/95]
8/2/95 31 MEMORANDUM, OPINION, AND ORDER (rm) [Entry date 08/04/95]
8/2/95 32 MINUTE ORDER of 8/2/95 by Hon. James B. Zagel : Status
hearing set for 10:00 a.m. 9/6/95. Motion to dismiss for
improper venue [15-1] or transfer venue to the district of
Columbia [15-2] is denied. Enter memorandum opinion and
order. Mailed notice (rm) [Entry date 08/04/95]
8/21/95 33 ANSWER to John Serpico's complaint by defendants; Notice of
filing. (rm) [Entry date 08/22/95] [Edit date 08/22/95]
9/6/95 -- SCHEDULE set on 9/6/95 by Hon. James B. Zagel : Status
hearing held and continued to 10:00 9/13/95 . No notice (dw)
[Entry date 09/06/95]
9/13/95 -- SCHEDULE set on 9/13/95 by Hon. James B. Zagel : Status
hearing held and continued to 10:00 10/26/95 . Case
consolidated for pretrial purposes with 95 C 1573 and 95 C
1725. No notice (dw) [Entry date 09/27/95]
10/26/95 -- SCHEDULE set on 10/26/95 by Hon. James B. Zagel : Status
hearing held and continued to 10:00 1/9/96 . Motion summary
judgment service is due 10/30/95. Answer brief service is
due 12/04/95. Reply to answer brief service is due
12/18/95. Motion for summary judgment filing date is
12/18/95. No notice (dw) [Entry date 10/31/95]
12/7/95 34 OPPOSITION by defendants Laborers Intl Un NA, Arthur A
Coia, Rollin P Vinall, Mason M Warren, Vere O Haynes,
Enrico Mancinelli, Chuck Barnes, Jack Wilkinson, Michael
Quevedo, Armand E Sabitoni, George R Gudger to plaintiffs'
joint motion for extension of time to serve response to
motion for summary judgment; Notice of filing. (sm)
[Entry date 12/08/95]
12/8/95 35 JOINT MOTION by plaintiff for extension of time to serve
response to motion for summary judgment ; Notice of motion
(nln) [Entry date 12/18/95]
12/8/95 36 MINUTE ORDER of 12/8/95 by Hon. James B. Zagel : Granting
plaintiffs' joint motion for extension of time to serve
response to motion for summary judgment [35-1]. Motion for
summary judgment filing date extended to 01/09/96. No
notice (nln) [Entry date 12/18/95]
12/20/95 37 TRANSCRIPT of proceedings for the following date(s):
10/26/95 Before Honorable James B. Zagel (sm)
[Entry date 12/21/95]
1/3/96 38 JOINT MOTION by defendants for summary judgment, to
dismiss for lack of subject matter jurisdiction, and to
deny leave to proceed with the claims stated in Count II of
complaints; Notice of filing (ar) [Entry date 01/04/96]
[Edit date 01/04/96]
1/3/96 39 MEMORANDUM of law by defendants in support of defendants'
motion for summary judgment [38-1], to dismiss for lack of
subject matter jurisdiction [38-2], and to deny leave to
proceed [38-3] (ar) [Entry date 01/04/96]
[Edit date 01/04/96]
1/3/96 40 EXHIBITS by defendants to memorandum of law in support
[39-1] of defendants' motion for summary judgment, to
dismiss for lack of subject jurisdiction, and to deny leave
to proceed (1 vol.) (ar) [Entry date 01/04/96]
[Edit date 01/04/96]
1/3/96 41 LOCAL GENERAL RULE 12(M)(3) Statement of material facts as
to which there is no genuine issue by defendants (ar)
[Entry date 01/04/96] [Edit date 01/04/96]
1/3/96 42 MEMORANDUM of law by plaintiffs in opposition to
defendants' motion for summary judgment [38-1] and to deny
leave to file [38-3] (ar) [Entry date 01/04/96]
1/3/96 43 APPENDICES filed by plaintiffs to plaintiffs' memorandum of
law in opposition [42-1] to defendants' motion for summary
judgment and to deny leave to file (4 vols. I through IV,
#43-1 through #43-4) (ar) [Entry date 01/04/96]
[Edit date 01/04/96]
1/3/96 44 LOCAL RULE RULE 12(N) RESPONSE by plaintiffs to defendants'
statement of uncontested facts in support of motion for
summary judgment (ar) [Entry date 01/04/96]
1/3/96 45 REPLY MEMORANDUM by defendants in support of summary
judgment [38-1], to dismiss for lack of subject matter
jurisdiction [38-2] and to deny leave to proceed [38-3] (ar)
[Entry date 01/04/96] [Edit date 01/04/96]
1/3/96 46 LOCAL GENERAL RULE 12(M) RESPONSE by defendants to
plaintiffs' statement of additional facts that require
denial of summary judgment (ar) [Entry date 01/04/96]
[Edit date 01/04/96]
1/8/96 47 OPPOSITION by defendants to plaintiffs' motion for
preliminary injunction (Exhibits); Notice of filing (nln)
[Entry date 01/09/96]
1/30/96 48 MEMORANDUM, OPINION, AND ORDER (ksl) [Entry date 02/01/96]
1/30/96 49 MINUTE ORDER of 1/30/96 by Hon. James B. Zagel : Granting
defendants' motion for summary judgment [38-1], denying
motion to dismiss for lack of subject matter jurisdiction
[38-2], denying motion to deny leave to proceed with the
claims stated in Count II of complaints [38-3]. Enter
memorandum opinion and order. Mailed notice (ksl)
[Entry date 02/01/96]
3/12/96 50 UNOPPOSED MOTION by defendants to clarify the court's
minute order, to deny other pending motion, and to
enter final judgment ; Notice of motion. (ksl)
[Entry date 03/21/96]
3/12/96 51 MINUTE ORDER of 3/12/96 by Hon. James B. Zagel : Granting
defendants' unopposed motion to clarify the court's minute
order [50-1], to deny other pending motion [50-2], and to
enter final judgment [50-3]. The minute order of 01/30/96
is amended to reflect, the defendants motion to deny leave
to proceed on count II is granted, and plaintiffs are
denied leave to proceed on count II. Enter summary
judgment in favor of defendants and against plaintiff John
Serpico on count I. terminating case Mailed notice (ksl)
[Entry date 03/21/96]
3/20/96 52 ENTERED JUDGMENT (ksl) [Entry date 03/21/96]
4/17/96 53 NOTICE OF APPEAL by plaintiff John Serpico from judgment
entered [52-1], from Scheduling order terminating case
[51-1], from motion minute order [51-2] ( $105.00 Paid) (cmf)
[Entry date 04/17/96]
4/17/96 -- MAILED LETTER regarding docketing statement unacknowledged
by plaintiff John Serpico . (cmf) [Entry date 04/17/96]
4/17/96 -- TRANSMITTED to the 7th Circuit the short record on appeal .
Mailed notice to all counsel. (cmf) [Entry date 04/17/96]
4/22/96 54 ACKNOWLEDGEMENT of receipt of short record on appeal USCA
96-1937 (ar) [Entry date 04/22/96]
4/26/96 55 COPY of Order from the 7th Circuit regarding appeal nos.
96-1937 and 96-1939: "....these appeals are consolidated
for purposes of briefing and disposition..." (ar)
[Entry date 04/29/96]
5/1/96 -- TRANSMITTED to the 7th Circuit the long record on appeal
no. 96-1937 consisting of two volumes of pleadings, eleven
volumes of loose pleadings, and one volume of transcript of
proceedings, filed under separate certificate. Mailed
notice to all counsel. (hp) [Entry date 05/01/96]
6/20/96 56 TRANSCRIPTS of proceedings for the following date(s):
09/06/95 and 09/13/95 before Honorable James B. Zagel (2
vols. #56-1 and #56-2) (ar) [Entry date 06/21/96]
6/21/96 -- TRANSMITTED to the 7th Circuit supplement to appeal no.
96-1937 consisting of two transcripts of proceedings (Item
#56-1 and #56-2) together with supplemental letter and
certificate. Mailed notice to counsel of record. (ar)
[Entry date 06/21/96]
11/7/96 57 LETTER from the Seventh Circuit returning the record on
appeal no. 96-1937, 96-1939 consisting of three volumes of
pleadings, 11 loose pleadings and three volumes of
transcripts. (ksl) [Entry date 11/12/96]
11/7/96 58 U.S.C.A. BILL OF COSTS submitted (ksl) [Entry date 11/12/96]
11/7/96 -- COSTS taxed for defendants in the amount of $ 78.20 against
plaintiff (ksl) [Entry date 11/12/96]
11/7/96 59 OPINION from the Seventh Circuit: Argued 09/27/96; Decided
10/16/96. ( 96-1937, 96-1939) (ksl) [Entry date 11/12/96]
11/7/96 60 CERTIFIED COPY of order from the Seventh Circuit:
Affirming the decision of the District Court [53-1] . (
96-1937, 96-1939) (ksl) [Entry date 11/12/96]