Ley v. ASGS Management Corp.

Filing 10

STIPULATION AND ORDER DISMISSING CASE: Approving the # 9 Stipulation of Dismissal. Signed by Senior Judge Frederick J. Scullin, Jr. on 11/17/2016. (nmk)

Case 1:16-cv-01279-FJS-DJS Document 9 Filed 11/16/16 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

RHONDA P. LEY, Regional Director of the
Third Region of the National Labor Relations Board,
for and on behalf of the
NATIONAL LABOR RELATIONS BOARD
Petitioner
v.

CIVIL NO. 1:16-cv-1279
(F.IS/DJS)

ASGS MANAGEMENT CORP.
Respondent

STIPULATION AND ORDER DISMISSING CASE
UNDER 29 U.S.C. SECTION 160(j)

IT IS HEREBY STIPULATED AND AGREED by and between the Petitioner, Rhonda
P. Ley, Regional Director of the Third Region of the National Labor Relations Board, for and on
behalf of the National Labor Relations Board ("the Board"), and the Respondent, ASGS
Management Corp., ("Respondent") by their respective attorneys pursuant to the Federal Rules
of Civil Procedure Rule 41(a)(1)(A)(ii) and subject to the approval of the Court, that:
1. On October 26, 2016, after securing authorization from the Board, the Petitioner,
for and on behalf of the Board, filed a petition with this Court pursuant to Section 10(j) of the
National Labor Relations Act, 29 U.S.C. Section 160(j), seeking a temporary injunction against
the Respondent, pending the final administrative disposition of a certain unfair labor practice
charge before the Board.

Case 1:16-cv-01279-FJS-DJS Document 9 Filed 11/16/16 Page 2 of 2

2.

On November 10, 2016, the parties entered into a non-Board settlement that

resolved all allegations. As part of the settlement, Respondent agreed to make backpay and
frontpay payments to the alleged discriminatee, the last payment being on June 30, 2017.
3.

On November 14, 2016, the Acting Regional Director of Region Three of the

Board, approved the Charging Party Union's request to withdraw the unfair labor practice charge
conditioned upon the Respondent's compliance with the terms of the parties' non-Board
resolution. The Acting Regional Director further dismissed the Complaint and Notice of
Hearing, subject to reinstatement for further processing upon evidence that Respondent has
failed to comply with the parties' non-Board resolution.
4.

As a result of the parties' settlement obviating and extinguishing the need for

injunctive relief, the parties seek dismissal of the current matter before this Court.
5.

Accordingly, the parties respectfully move that the Court grant this Stipulation

and Order Dismissing Case without prejudice.

SICA L. NOTO
ounsel for Petitioner
National Labor Relations Board
Niagara Center Building
130 South Elmwood Ave., Ste. 630
Buffalo, New York 14202

RO . SCHLESINGER
Counsel for Respondent
Peckar & Abramson, P.C.
70 Grand Ave.
River Edge, NJ 07661

Dated this 15th day of November, 2016.

APPROVED AND SO ORDERED this

FREDERICK J. SCULLIN, JR.
United States District Court
November 17, 2016

day of

2016.