Garcia v. Service Employees International Union et al
Filing
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ORDER Granting 210 Motion to Extend Time re 206 Motion for Preliminary Injunction (First Request). Responses due by 11/30/2018. Signed by Judge Andrew P. Gordon on 11/13/2018. (Copies have been distributed pursuant to the NEF - MR)
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ROTHNER, SEGALL & GREENSTONE
GLENN ROTHNER (pro hac vice)
JONATHAN COHEN (NSB 10551)
ELI NADURIS-WEISSMAN (pro hac vice)
510 South Marengo Avenue
Pasadena, California 91101-3115
Telephone: (626) 796-7555
Facsimile: (626) 577-0124
Email: grothner@rsglabor.com, jcohen@rsglabor.com;
enaduris-weissman@rsglabor.com
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CHRISTENSEN JAMES & MARTIN
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EVAN L. JAMES, ESQ. (7760)
KEVIN B. ARCHIBALD, ESQ. (13817)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Telephone: (702) 255-1718
Facsimile: (702) 255-0871
Email: elj@cjmlv.com, kba@cjmlv.com
Attorneys for Defendants Service Employees
International Union; Luisa Blue; Mary Kay Henry;
and Nevada Service Employees Union
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RAYMOND GARCIA, et al,
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Plaintiffs,
vs.
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SERVICE EMPLOYEES
INTERNATIONAL UNION, et al,
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Defendants.
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CHERIE MANCINI, et al.,
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CASE NO. 2:17-cv-01340-APG-NJK
[1] MOTION TO EXTEND TIME FOR
DEFENDANTS TO FILE THEIR
OPPOSITION TO PLAINTIFFS’ MOST
RECENT MOTION FOR
PRELIMINARY INJUNCTION;
(First Request)
[2] ORDER THEREON
CASE NO. 2:17-cv-02137-APG-NJK
Plaintiffs,
vs.
SERVICE EMPLOYEES
INTERNATIONAL UNION, et al.,
Defendants.
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MOTION TO EXTEND TIME
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1.
Absent extension, Defendants’ opposition to Plaintiffs’ most recent motion for
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preliminary injunction [ECF No. 206 in Garcia] is due on November 23, 2018, the day after
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Thanksgiving. (The motion, if granted, would inter alia end the trusteeship over SEIU Local
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1107 implemented on April 27, 2017, and reinstate Plaintiff as President of Local 1107, the office
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from which she was removed on April 26, 2017.) This is the first extension request regarding the
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opposition to this motion, and Defendants do not anticipate making any further such requests.
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2.
On November 9, 2018, immediately after Plaintiffs filed the instant motion,
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Defendants requested that, due to the intervening Thanksgiving Holiday and weekend, Plaintiffs
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stipulate to extend Defendants’ deadline for filing their opposition to Friday, November 30, 2018.
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Plaintiffs refused to so stipulate. See Exhibit “A” hereto, an e-mail message from Plaintiffs’
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counsel, dated Friday, November 9, 2018, at 9:41 a.m.
3.
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The undersigned is Defendants’ lead counsel in this matter. Mr. Rothner’s son will
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be visiting from college in Chicago for Thanksgiving, arriving in Los Angeles mid-day on
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November 21 and leaving to return to Chicago on the morning of November 26. In light of their
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son’s visit during the holiday weekend, Mr. Rothner and his wife have multiple gatherings,
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planned weeks ago, involving immediate family, friends, and extended family. Of course, the
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firm’s other attorneys working on this matter also have plans to enjoy the Thanksgiving Holiday
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weekend with their families and friends.
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4.
The Defendants recognize that in connection with the filing of their Motion for
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Preliminary Injunction, Plaintiffs seek an order shortening time for any hearing thereon [ECF
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No. 206, p. 3 of 30]. Plaintiffs are concerned that their claims may be mooted when Defendants
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conduct an election this December, which will result in the trusteeship ending and the installation
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of a President. Plaintiffs are correct that a trusteeship ends with an election of officers, who take
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over control of their union from the trustees. But as we will inform the Court more fully in our
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opposition to Plaintiffs’ motion, no such election is scheduled for December. Nor could it be, as
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the first order of business in ending this trusteeship will be to place before the membership for
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adoption by secret ballot vote a revised set of bylaws designed to correct some of the structural
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and governance problems that caused Local 1107’s Executive Board to request this trusteeship.
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DATED: November 9, 2018
ROTHNER, SEGALL & GREENSTONE
GLENN ROTHNER (pro hac vice)
JONATHAN COHEN
ELI NADURIS-WEISSMAN (pro hac vice)
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CHRISTENSEN JAMES & MARTIN
EVAN L. JAMES
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By
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/s/ Glenn Rothner
Glenn Rothner (pro hac vice)
510 South Marengo Avenue
Pasadena, CA 91101
Tel.: (626) 769-7555; Fax: (626) 577-0124
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Attorneys for Defendants
Service Employees International Union; Luisa Blue;
Mary Kay Henry; and Nevada Service Employees Union
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ORDER
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IT IS SO ORDERED:
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HONORABLE ANDREW P. GORDON,
UNITED STATES DISTRICT JUDGE
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Dated: November 13, 2018.
DATED:
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Index of Exhibits to
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[1] Motion to Extend Time for Defendants to File Their Opposition to
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Plaintiffs’ Most Recent Motion for Preliminary Injunction;
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(First Request)
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[2] Order Thereon
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Exhibit A
E-mail message from Plaintiffs’ counsel, dated Friday, November 9, 2018, at
9:41 a.m.
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CERTIFICATE OF SERVICE
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I am a member of Rothner, Segall & Greenstone. On this 9th day of November, 2018, I
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caused a true and correct copy of the foregoing [1] MOTION TO EXTEND TIME FOR
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DEFENDANTS TO FILE THEIR OPPOSITION TO PLAINTIFFS’ MOST RECENT
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MOTION FOR PRELIMINARY INJUNCTION; (First Request) [2] ORDER THEREON
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to be served in the following manner:
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the District of Nevada, the above-referenced document was electronically filed and served
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through the Notice of Electronic Filing automatically generated by the Court.
ELECTRONIC SERVICE: Pursuant to LR IC 4-1 of the United States District Court for
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ROTHNER, SEGALL & GREENSTONE
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By:
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/s/ Glenn Rothner
Glenn Rothner
Exhibit A
(E-mail from Plaintiffs’ counsel,
dated November 9, 2018)
Jonathan Cohen
From:
Sent:
To:
Cc:
Subject:
Michael Mcavoyamaya
Friday, November 9, 2018 9:41 AM
Jonathan Cohen
Glenn Rothner; Eli Naduris-Weissman; Evan James (elj@cjmlv.com)
Re: Extension of time for opp. to motion for PI/TRO
You know full well that your client is trying to hold an election to moot the claims in December. I do not intend to all you
to do so. Your request is denied.
On Fri, Nov 9, 2018, 9:39 AM Jonathan Cohen wrote:
Michael,
Defendants’ opposition to the motion for preliminary injunction you filed yesterday is due on 11/23, the day after
Thanksgiving. As a courtesy, please let us know if you’ll agree to extend our deadline to the following Friday, 11/30.
Thanks,
Jonathan Cohen
Rothner, Segall & Greenstone
510 South Marengo Avenue
Pasadena, California 91101-3115
(626) 796-7555
fax (626) 577-0124
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