Garcia v. Service Employees International Union et al, No. 2:2017cv01340 - Document 211 (D. Nev. 2018)
Court Description: 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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Garcia v. Service Employees International Union et al 1 2 3 4 5 Doc. 211 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 6 CHRISTENSEN JAMES & MARTIN 7 8 9 10 11 12 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 13 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 RAYMOND GARCIA, et al, 18 Plaintiffs, vs. 19 20 SERVICE EMPLOYEES INTERNATIONAL UNION, et al, 21 Defendants. 22 CHERIE MANCINI, et al., 23 24 25 26 27 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. 28 Dockets.Justia.com 1 MOTION TO EXTEND TIME 2 1. Absent extension, Defendants’ opposition to Plaintiffs’ most recent motion for 3 preliminary injunction [ECF No. 206 in Garcia] is due on November 23, 2018, the day after 4 Thanksgiving. (The motion, if granted, would inter alia end the trusteeship over SEIU Local 5 1107 implemented on April 27, 2017, and reinstate Plaintiff as President of Local 1107, the office 6 from which she was removed on April 26, 2017.) This is the first extension request regarding the 7 opposition to this motion, and Defendants do not anticipate making any further such requests. 8 2. On November 9, 2018, immediately after Plaintiffs filed the instant motion, 9 Defendants requested that, due to the intervening Thanksgiving Holiday and weekend, Plaintiffs 10 stipulate to extend Defendants’ deadline for filing their opposition to Friday, November 30, 2018. 11 Plaintiffs refused to so stipulate. See Exhibit “A” hereto, an e-mail message from Plaintiffs’ 12 counsel, dated Friday, November 9, 2018, at 9:41 a.m. 13 3. The undersigned is Defendants’ lead counsel in this matter. Mr. Rothner’s son will 14 be visiting from college in Chicago for Thanksgiving, arriving in Los Angeles mid-day on 15 November 21 and leaving to return to Chicago on the morning of November 26. In light of their 16 son’s visit during the holiday weekend, Mr. Rothner and his wife have multiple gatherings, 17 planned weeks ago, involving immediate family, friends, and extended family. Of course, the 18 firm’s other attorneys working on this matter also have plans to enjoy the Thanksgiving Holiday 19 weekend with their families and friends. 20 4. The Defendants recognize that in connection with the filing of their Motion for 21 Preliminary Injunction, Plaintiffs seek an order shortening time for any hearing thereon [ECF 22 No. 206, p. 3 of 30]. Plaintiffs are concerned that their claims may be mooted when Defendants 23 conduct an election this December, which will result in the trusteeship ending and the installation 24 of a President. Plaintiffs are correct that a trusteeship ends with an election of officers, who take 25 over control of their union from the trustees. But as we will inform the Court more fully in our 26 opposition to Plaintiffs’ motion, no such election is scheduled for December. Nor could it be, as 27 the first order of business in ending this trusteeship will be to place before the membership for 28 /// -1- 1 adoption by secret ballot vote a revised set of bylaws designed to correct some of the structural 2 and governance problems that caused Local 1107’s Executive Board to request this trusteeship. 3 4 5 DATED: November 9, 2018 ROTHNER, SEGALL & GREENSTONE GLENN ROTHNER (pro hac vice) JONATHAN COHEN ELI NADURIS-WEISSMAN (pro hac vice) 6 7 CHRISTENSEN JAMES & MARTIN EVAN L. JAMES 8 By 9 10 /s/ Glenn Rothner Glenn Rothner (pro hac vice) 510 South Marengo Avenue Pasadena, CA 91101 Tel.: (626) 769-7555; Fax: (626) 577-0124 11 12 Attorneys for Defendants Service Employees International Union; Luisa Blue; Mary Kay Henry; and Nevada Service Employees Union 13 14 15 16 ORDER 17 18 IT IS SO ORDERED: 19 20 HONORABLE ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE 21 Dated: November 13, 2018. DATED: 22 23 24 25 26 27 28 -2- 1 Index of Exhibits to 2 [1] Motion to Extend Time for Defendants to File Their Opposition to 3 Plaintiffs’ Most Recent Motion for Preliminary Injunction; 4 (First Request) 5 [2] Order Thereon 6 7 8 Exhibit A E-mail message from Plaintiffs’ counsel, dated Friday, November 9, 2018, at 9:41 a.m. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 1 CERTIFICATE OF SERVICE 2 I am a member of Rothner, Segall & Greenstone. On this 9th day of November, 2018, I 3 caused a true and correct copy of the foregoing [1] MOTION TO EXTEND TIME FOR 4 DEFENDANTS TO FILE THEIR OPPOSITION TO PLAINTIFFS’ MOST RECENT 5 MOTION FOR PRELIMINARY INJUNCTION; (First Request) [2] ORDER THEREON 6 to be served in the following manner: 7 8 the District of Nevada, the above-referenced document was electronically filed and served 9 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 10 11 ROTHNER, SEGALL & GREENSTONE 12 By: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- /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 <mmcavoyamayalaw@gmail.com> 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 <icohen@rsglabor.com> 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 This e-mail may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message 1
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