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THE NEW YORK TIMES COMPANY v. NEWSPAPER AND MAIL DELIVERERS UNION OF NEW YORK AND VICINITY

No. 12 Civ. 5430 (AKH).

THE NEW YORK TIMES COMPANY, CITY SUBURBAN DELIVERY SYSTEMS, INC., CITY AND SUBURBAN DELIVERY SYSTEMS, INC. JANUARY 2009 SEVERANCE PAY PLAN FOR COMPLAINT ELIGIBLE EMPLOYEES REPRESENTED BY THE NEWSPAPER AND MAIL DELIVERERS' UNION OF NEW YORK AND VICINITY, PLAN ADMINISTRATOR OF THE CITY AND SUBURBAN DELIVERY SYSTEMS, INC. JANUARY 2009 SEVERANCE PAY PLAN FOR ELIGIBLE EMPLOYEES REPRESENTED BY THE NEWSPAPER MAIL DELIVERERS' UNION OF NEW YORK AND VICINITY, and ERISA MANAGEMENT COMMITTEE OF THE NEW YORK TIMES COMPANY, Plaintiffs, v. NEWSPAPER AND MAIL DELIVERERS' UNION OF NEW YORK AND VICINITY, ENRIQUE GRADOS, DJEVALIN GOJANI, CHRISTOPHER FABIANI, RICHARD ATKINS, RAIMON MORAN, JOHN CASSARO, MUNIR FAHREDDINE, and WILLIE MILES, Defendants.

United States District Court, S.D. New York.

December 7, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question: Other
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER

Attorney(s) appearing for the Case

The New York Times Company, Plaintiff, represented by Daniel Leigh Schwartz , Day Pitney, L.L.P..

The New York Times Company, Plaintiff, represented by David B. Newman , Day Pitney, L.L.P. & Howard Fetner , Day Pitney LLP.

City and Suburban Delivery Systems Inc., Plaintiff, represented by Daniel Leigh Schwartz , Day Pitney, L.L.P., David B. Newman , Day Pitney, L.L.P. & Howard Fetner , Day Pitney LLP.

City and Suburban Delivery Systems Inc. january 2009 Severance Pay Plan for Eligible Employees Represented by The Newspaper and Mail Deliverers Union of New York and Vicinity, Plaintiff, represented by Daniel Leigh Schwartz , Day Pitney, L.L.P., David B. Newman , Day Pitney, L.L.P. & Howard Fetner , Day Pitney LLP.

Plan Administrator of the City and Suburban Delivery Systems Inc. January 2009 Severance Pay Plan for Eligible Employees represented by the Newspaper and Mail Deliverers Union of New York and Vicinit, Plaintiff, represented by Daniel Leigh Schwartz , Day Pitney, L.L.P., David B. Newman , Day Pitney, L.L.P. & Howard Fetner , Day Pitney LLP.

Erisa Management Committee of the New York Times Company, Plaintiff, represented by Daniel Leigh Schwartz , Day Pitney, L.L.P., David B. Newman , Day Pitney, L.L.P. & Howard Fetner , Day Pitney LLP.

Newspaper and Mail Deliverers Union of New York and Vicinity, Defendant, represented by Irwin Bluestein , Meyer, Suozzi, English & Klein, P.C., Joni Haviva Kletter , Meyer, Suozzi, English & Klein, P.C. & Max Harrison Sicherman , Meyer, Suozzi, English & Klein, P.C..

Enrique Grados, Defendant, represented by Anne C. Vladeck , Vladeck, Raskin & Clark P.C. & Valdi Licul , Vladeck, Raskin & Clark P.C..

Djevalin Gojani, Defendant, represented by Anne C. Vladeck , Vladeck, Raskin & Clark P.C. & Valdi Licul , Vladeck, Raskin & Clark P.C..

Christopher Fabiani, Defendant, represented by Anne C. Vladeck , Vladeck, Raskin & Clark P.C. & Valdi Licul , Vladeck, Raskin & Clark P.C..

Richard Atkins, Defendant, represented by Anne C. Vladeck , Vladeck, Raskin & Clark P.C. & Valdi Licul , Vladeck, Raskin & Clark P.C..

John Cassaro, Defendant, Pro Se.

Munir Fahreddine, Defendant, represented by Anne C. Vladeck , Vladeck, Raskin & Clark P.C. & Valdi Licul , Vladeck, Raskin & Clark P.C..

Willie Miles, Defendant, represented by Anne C. Vladeck , Vladeck, Raskin & Clark P.C. & Valdi Licul , Vladeck, Raskin & Clark P.C..

National Labor Relations Board, National Labor Relations Board, Intervenor, represented by David Paul Boehm , National Labor Relations Board, Kevin Patrick Flanagan , National Labor Relations Board, Kevin Hobson , National Labor Relations Board & Nicholas Andrew Rowe , National Labor Relations Board.

ORDER AND OPINION ON SUBJECT MATTER JURISDICTION

The National Labor Relations Board and the Newspaper and Mail Deliverers' Union argue that the Court lacks subject matter jurisdiction to hear this case. For the reasons set forth below, I hold that the Court has subject matter...

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