Save Our Union

We continue in vigilance and voice....

Babler, et al vs Futhey, et al

 

As you know, internal charges have been filed against the seven intervening Vice Presidents.  The Intervenors have used their Sheet Metal Workers attorney to file a case to prevent the charges from being heard by the Executive Board.  Defendants are Mike Futhey, the UTU, the Executive Board and some of the members who have charged Babler & company.

Click here to read/download the Court Docket.  It will give you a description and chronology of the filings.

Below are the pertinent filings of the case.  We will update the case as the filings are made available by those involved.

 

1 - Complaint for Relief

11-1               

11-2

12 - Motion

16 - Order of Transfer

17-1

17-2

17-3

17-4

17-5

17-6

17-7

17-8

17-9

17-10

17-11

17-12

21-1

21-2

21-3

21-4

21-5

21-6

33 – Order

34-1

34-2

34-3

34-4

34-5

34-6

35 - Motion to Withdraw

36 - Motion for Extension

37 - Motion to Reschedule

38 - Order Granting Motion

47 - Answer to Complaint

48 - Answer and Counterclaim

50 - Answer to Compalint

57 - Order Phone Conference -.pdf                                         

59 -

60-1

60-2

61-1

61-2

62 -

Motion to Dismiss Strunk as a Defendant

Memorandum in Support of Dismissal of Strunk

Strunk Declaration to Court

Judge Adams" Case Management Plan - 11/12/08

63 - Participation Order

72 - Motion to Amend Complaint

72-3 Boling Declaration

72-Exhibit J - Notice of Trial Schedule

73 - Joint Memo in Opposition to Plaintiffs Motion

74 - Plaintiffs Motion to Dismiss

75 - Reply Memorandum to Amended Complaint

77 - Memo of Opinion and Order re Amended Complaint

79 - Amended Complaint for Relief

80 - Joint Status Report of Defendants

81 - Plaintiffs Status Report

83 - Plaintiffs Amended Status Report

84 - Motion to Extend Brief Limitation

85 - Order Denying Strunks Motion to Dismiss

88 - Order Granting Motion to Extend

90- Plaintiffs Motion for TRO

90-2 Memo to Support TRO Motion

90-3 Iannone Declaration

90-4 Exhibit B

90-5 Exhibit C

90-6 Exhibit D

90-7 Exhibit E

90-8 Exhibit F

90-9 Exhibit G

90-10 Exhibit H

90-11 Exhibit I

90-12 Exhibit J

90-13 Exhibit K

90-14 Exhibit L

90-15 Exhibit M

90-16 Exhibit N

90-17 Exhibit O

90-18 Case Exhibit 1

91 - Scheduling Order

92 - Plaintiffs Counterclaim to Dismiss

93 - Motion for Clarification of Page Limitation

95 - Defendants Answer to 79 & 2nd Amended Counterclaim

96 - Plaintiffs Motion to Dismiss 2nd Counterclaim

98 - UTU Answer to 79

99 - Entry Order Answer to 93

100 - UTU Opposition to TRO

100-2 Futhey Declaration

100-3 Futhey Declaration Exhibit 1

101- Individual Defendants Opposition to TRO

101-2 England Declaration

101-3 Sparks Declaration

102 - Executive Boards Opposition to TRO

102-1 - Executive Boards Exhibit 1

103-1 - Plaintiffs Reply Brief to Support TRO

103-2 - Supplemental Iannone Declaration

103-3 - Iannone Exhibit A - Risch emails

103-4 - Iannone Exhibit B - Goldstein Letter to Executive Board

103-5 - Iannone Exhibit C - Executive Board Response

103-6 - Exhibit D - 2005 LM-2 Report

103-7 - Exhibit E - 2006 LM-2 Report

103-8 - Exhibit F - 2007 LM-2 Report

103-9 - Exhibit G - Transcript from May 28, 2008 Hearing

103-10 - Exhibit H - 2007 Executive Board Report

103-11 - Exhibit I - England's List of Witnesses

103-12 - Babler Declaration

103-13 - Baffoni Declaration

103-14 - Boling Declaration

103-15 -Cumby Declaration

103-16 - Fitzgerald Declaration

104 - Agreement for Hearing by Phone

Transcript from the January 30, 2009, hearing on the Plaintiffs' Motion for a Temporary Restraing Order - MOTION DENIED BY JUDGE. 

111 - Memo & Order Denying TRO

112 - DEFENDANT MALCOLM B. FUTHEY, JR.’S MOTION FOR LEAVE TO AMEND ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT 

112-1 Memo in Support of Futhey's Motion to Amend Answer

112-2 Attachment A

113- DEFENDANT MALCOLM B. FUTHEY, JR., AND INDIVIDUAL DEFENDANTS’ MOTION TO ENJOIN THE PLAINTIFFS FROM RECEIVING FINANCIAL SUPPORT FROM THE SHEET METAL WORKERS UNION 

113-2 Memo on Defendants' Motion to Enjoin SMWIA

113-3 Futhey's 2nd Declaration

113-4 Exhibit 1

113-5 Exhibit 2

113-6 Exhibit 3

114- Defendants' 2nd Status Report

115 - Plaintiffs' Status Report

116 - Return of Service

117 - Stipulated Motion to Dismiss

118 - Motion to Dismiss

119 - Motion to Dismiss

120 - Joint Motion to Dismiss

121 - Opposition to #113 Motion

121-2 - Exhibit A

122 -  Order to Schedule Hearing

123 - Reply to 121 Response to 113

125 - Joint Status Report

126 - Plaintiffs Status Report

127 - Transcript of Motion Hearing held on 3/24/09

129 -  Marginal Entry Order

130 - Order

132 - Motion to Amend Case Management Plan

134 - Response to 132 Motion

136 - Marginal Entry order

137 - Motion for Temporary Restraining Order

137-1 - Memo to Support Motion for TRO

137-2 - Babler Declaration

137-3 - Executive Board Decision

137-4 - Plaintiff's Post Trial Brief to Executive Board

 137-5 - Transcript of Executive Board Hearing

137-6 - Cumby Declaration

138 - Order

139 - Exhibit E

140 - Opposition to 137 Motion

140-1

140-2

140-3

140-4

140-5

140-6

140-7

140-8

140-9

140-10

140-11

140-12

140-13

140-14

140-15

140-16

141 - Opposition to 137 Motion

142 - Opposition to 137 Motion

144 - Joint Status Report by Futhey

145 - Transcript of TRO Hearing on 8/05/09

146 -  Status Report by Plaintiffs

147 - Motion to Amend Complaint

148 - Joint Status Report by Futhey

149 - Status Report by Plainitffs

 150 - Opposition to 147 Motion

 151-1 Individuals Move to Enforce Settlement

152 - Reply to Response to 147 Motion

153 - Joint Motion for Extension until March 4, 2010

154 - Opposition to 151 Motion to Enforce Settlement Agreement

155 - Order Granting 153 Motion

156 - Order Granting Motion to Amend Complaint

157 - Second Amended Complaint

158 - Reply to Response to 151 Motion

159 - Plaintiffs Supplemental Statement in Support of TRO

160 - Supplement Statement in Response to 159 Supplement

161 - UTU Response to Supplemental Statement

162 - Joint Status Report of Defendants

163 - Status Report of Plaintiffs

164 - Answer to 157 Amended Complaint

165 - Answer to 157 Amended Complaint with Counterclaim by Individuals

166 -  Answer to 157 Amended Complaint with Counterclaim by Futhey

167 -  Motion for Protective Order

168 - Notice of Telephone Conference

169 - Supplemental Statement in Support of Motion for Protective Order

170- Order Granting Plaintiff's Motion for TRO

171 - Notice of Appeal