Case: Kerwin v. Starbucks Corporation

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

Legal Defense Fund

PETITION For Preliminary Injunction Under Section 10(j) of the National Labor Relations Act, As Amended filed by Elizabeth K. Kerwin against Starbucks Corporation. No summons requested. No Fee Required - US Government. County of 1st Plaintiff: Wayne - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit Charge in Case 07-CA-293916, # 3 Exhibit NLRB Consolidated Complaint, # 4 Exhibit Administrative Law Judge's Decision, # 5 Exhibit Patricia Fedewa Affidavit, # 6 Exhibit Matthew Kain Affidavit) (Fedewa, Patricia) (Entered: 11/15/2022)

1 Index of Exhibits

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2 Exhibit Charge in Case 07-CA-293916

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3 Exhibit NLRB Consolidated Complaint

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4 Exhibit Administrative Law Judge's Decision

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5 Exhibit Patricia Fedewa Affidavit

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6 Exhibit Matthew Kain Affidavit

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Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)

CERTIFICATE OF SERVICE re 1 Initiating Petition,,, by Elizabeth K. Kerwin For Preliminary Injunction Under Section 10(j) of the National Labor Relations Act, As Amended (Fedewa, Patricia) (Entered: 11/16/2022)

ORDER TO SHOW CAUSE. Hearing set for 1/5/2023 08:30 AM before District Judge Mark A. Goldsmith. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 11/17/2022)

CERTIFICATE OF SERVICE by Elizabeth K. Kerwin Order to Show Cause on Respondent (Fedewa, Patricia) (Entered: 11/21/2022)

CERTIFICATE OF SERVICE by Elizabeth K. Kerwin Petition/Order Show Cause on Workers United (Fedewa, Patricia) (Entered: 11/21/2022)

NOTICE of Appearance by Erik C. Hult on behalf of Starbucks Corporation. (Hult, Erik) (Entered: 12/01/2022)

MOTION for Extension of Time to File Answer by Starbucks Corporation. (Hult, Erik) (Entered: 12/01/2022)

ORDER Granting Respondent's Motion to Extend Answer Deadline and Hearing Date (Dkt. 7 ) ( Hearing RESET for 2/1/2023 04:00 PM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 12/02/2022)

INITIATING MOTION Leave to Appear as Amicus Curiae by Workers United. Receipt No: AMIEDC-9156773 - Fee: 49 dollars (Canzano, John) Modified on 12/8/2022 (SKra).[WRONG EVENT USED-MOTION OF WORKERS UNITED FOR LEAVE TO APPEAR AS AMICUS CURIAE] (Entered: 12/08/2022)

NOTICE of Appearance by Benjamin L. King on behalf of Workers United. (King, Benjamin) (Entered: 12/08/2022)

ATTORNEY APPEARANCE: David P. Lichtman appearing on behalf of Workers United (Lichtman, David) (Entered: 12/08/2022)

ATTORNEY APPEARANCE: Elizabeth Rowe appearing on behalf of Workers United (Rowe, Elizabeth) (Entered: 12/08/2022)

NOTICE of Appearance by Neil B. Pioch on behalf of Starbucks Corporation. (Pioch, Neil) (Entered: 12/19/2022)

NOTICE of Appearance by Angelique Paul Newcomb on behalf of Starbucks Corporation. (Newcomb, Angelique) (Entered: 12/20/2022)

RESPONSE to 9 INITIATING MOTION Leave to Appear as Amicus Curiae by Workers United. Receipt No: AMIEDC-9156773 - Fee: 49 dollars filed by Starbucks Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - ECF #20, Motion of Workers United To Intervene or, In the Alternative, To Participate as Amicus Curiae, McKinney v. Starbucks Corporation, No. 2:22-cv-2292 (W.D. Tenn. May 13, 2022), # 3 Exhibit B - ECF # 45, Order Denying In Part and Granting In Part Motion of Workers United To Intervene or, in the Alternative, To Participate as Amicus Curiae, McKinney v. Starbucks Corporation, No. 2:22-cv-2292 (W.D. Tenn. May 19, 2022)) (Pioch, Neil) (Entered: 12/21/2022)

REPLY to Response re 9 INITIATING MOTION Leave to Appear as Amicus Curiae by Workers United. Receipt No: AMIEDC-9156773 - Fee: 49 dollars Workers United's Reply in Support of Its Motion for Leave to Appear as Amicus Curiae filed by Workers United. (Lichtman, David) (Entered: 12/28/2022)

ORDER Granting Motion for Leave to Appear as Amicus Curiae (Dkt. 9 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 01/03/2023)

ANSWER to Complaint with Affirmative Defenses by Starbucks Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Transcript Vol. I of IV, Pages 1-191, # 3 Exhibit B - Transcript Vol. II of IV, Pages 192-431, # 4 Exhibit C - Transcript Vol. III of IV, Pages 432-575, # 5 Exhibit D - Transcript Vol. IV of IV, Pages 576-743) (Pioch, Neil) (Entered: 01/05/2023)

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Starbucks Corporation (Pioch, Neil) (Entered: 01/05/2023)

MOTION for Leave to File Excess Pages by Starbucks Corporation. (Pioch, Neil) (Entered: 01/05/2023)

ANSWER to Complaint [Continued Containing] Respondent Starbucks Corporation's Response To Petition for Preliminary Injunction Under Section 10(j) of National Labor Relations Act (ECF #1) by Starbucks Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Portions of the General Counsels Exhibits in the Hearing before the Administrative Law Judge in Board Case 07-CA-292971, # 3 Exhibit 2 - Portions of the Respondents Exhibits in the Hearing before the Administrative Law Judge in Board Case 07-CA-292971, # 4 Exhibit 3 - The General Counsels Cross-Exceptions to the Decision of the Administrative Law Judge in Board Case 07-CA-292971, filed on December 2, 2022, # 5 Exhibit 4 - The General Counsels Brief in support of its Cross-Exceptions to the Decision of the Administrative Law Judge in Board Case 07-CA-292971, filed on December 2, 2022, # 6 Exhibit 5 - Respondent Starbucks Exceptions to the Decision of the Administrative Law Judge in Board Case 07-CA-292971, filed on November 18, 2022, # 7 Exhibit 6 - NLRB 10(j) Injunction activity and dates list from the NLRBs website, # 8 Exhibit 7 - NLRB Tally of Ballots records from elections at Michigan Starbucks stores involving the Workers United Union and Starbucks, # 9 Exhibit 8 - Publicly available news articles and media, # 10 Exhibit 9 - Unreported cases, # 11 Exhibit 10 - Affidavit of Erik Hult) (Pioch, Neil) (Entered: 01/05/2023)

TEXT-ONLY ORDER: Respondent Starbucks motion for leave to file excess pages is granted (Dkt. 20 ). Starbucks may file a brief in response to Petitioners petition of up to 40 pages. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (KSan)

Text-Only Order

REPLY Brief Petition for Preliminary Injunction under SEction 10(j) of the National Labor Relations Act by Elizabeth K. Kerwin. (Fedewa, Patricia) (Entered: 01/12/2023)

NOTICE TO APPEAR IN PERSON: Hearing RESET for 2/7/2023 09:00 AM before District Judge Mark A. Goldsmith (KSan) (Entered: 01/19/2023)

NOTICE of Appearance by Larry Smith on behalf of Elizabeth K. Kerwin. (Smith, Larry) (Entered: 02/01/2023)

MOTION for Order to Show Cause Why the Petition for Preliminary Injunction Under Section 10(j) of the NLRA (ECF#1) Should Not Be Dismissed by Starbucks Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Respondents Letter to Hannah Whitbeck Offering Unconditional Interim Reinstatement) (Pioch, Neil) (Entered: 02/02/2023)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/3/2023 01:30 PM before District Judge Mark A. Goldsmith. Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240 (KSan) (Entered: 02/02/2023)

Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 2/3/2023 (Court Reporter: None Present, Not on the Record) (KSan)

NOTICE TO APPEAR BY VIDEO CONFERENCE: Hearing set for 2/7/2023 09:00 AM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1612201172?pwd=MFhyenlZQW0vWkZPeXF4QkpHRnJQdz09 Passcode: 046172 Or One tap mobile : US: +16692545252,,1612201172# or +16468287666,,1612201172#| (KSan) (Entered: 02/03/2023)

RESPONSE to 25 MOTION for Order to Show Cause Why the Petition for Preliminary Injunction Under Section 10(j) of the NLRA (ECF#1) Should Not Be Dismissed filed by Elizabeth K. Kerwin. (Smith, Larry) (Entered: 02/03/2023)

MOTION to supplement record by Elizabeth K. Kerwin. (Attachments: # 1 Exhibit Petitioner GC exhibits 1-12 from administrative hearing, # 2 Exhibit Petitioner GC exhibits 13-120 from administrative hearing, # 3 Exhibit Respondent exhibits from administrative hearing) (Smith, Larry) (Entered: 02/06/2023)

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Show Cause Hearing held on 2/7/2023 (Court Reporter: David Yarbrough) (KSan)

[VACATED] OPINION & ORDER (1) Granting In Part and Denying In Part Petitioner's Petition for Preliminary Injunction (Dkt. 1 ), (2) Denying Respondent's Motion for Order to Show Cause Why Petition for Preliminary Injunction Should Not be Dismissed (Dkt. 25 ), and (3) Granting Petitioner's Motion Supplement Record (Dkt. 29 ). Signed by District Judge Mark A. Goldsmith. (KSan) Modified on 2/22/2023 (KSan). (Entered: 02/17/2023)

[VACATED] ORDER for Injunctive Relief Under 29 U.S.C. § 160(j). Signed by District Judge Mark A. Goldsmith. (KSan) Modified on 2/22/2023 (KSan). (Entered: 02/17/2023)

ORDER Vacating February 17, 2023 Opinion and Order (Dkt. 30 ) and Order for Injunctive Relief (Dkt. 31 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 02/22/2023)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/22/2023 03:00 PM before District Judge Mark A. Goldsmith. Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. (KSan) (Entered: 02/22/2023)

NOTICE TO APPEAR BY TELEPHONE: Status Conference RESET for 2/23/2023 03:00 PM before District Judge Mark A. Goldsmith. Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240 (KSan) (Entered: 02/22/2023)

OPINION & ORDER (1) Granting In Part and Denying In Part Petitioner's Petition for Preliminary Injunction (Dkt. 1 ), (2) Denying Respondent's Motion for Order to Show Cause Why Petition for Preliminary Injunction Should Not be Dismissed (Dkt. 25 ), and (3) Granting Petitioner's Motion Supplement Record (Dkt. 29 ). Signed by District Judge Mark A. Goldsmith. (KSan)

ORDER for Injunctive Relief Under 29 U.S.C. § 160(j). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 02/23/2023)

Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 2/23/2023 (Court Reporter: None Present, Not on the Record) (KSan)

Notice of Appeal - 6th Circuit

Stay

Order

Certificate of Service of Notice of Appeal - 6th Circuit*

Response to Motion

OPINION & ORDER Denying Respondent's Emergency Motion for Stay (Dkt. 38 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 03/06/2023)

DECLARATION by DAMAY GONZALEZ re 36 Order Regarding Compliance filed by Starbucks Corporation (Pioch, Neil) (Entered: 03/16/2023)

TRANSCRIPT of Hearing on Motion for Preliminary Injunction & Motion for Order to Show Cause held on 2/7/2023. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 47) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/4/2023. Redacted Transcript Deadline set for 5/15/2023. Release of Transcript Restriction set for 7/12/2023. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 04/13/2023)

DECLARATION by DAMAY GONZALEZ (SUPPLEMENTAL) filed by Starbucks Corporation (Pioch, Neil) (Entered: 04/13/2023)

ORDER Closing Case. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 06/02/2023)

NOTICE by Elizabeth K. Kerwin Letter suggesting case closing (Fedewa, Patricia) (Entered: 08/23/2023)

NOTICE by Starbucks Corporation re 48 Notice (Other) Response To Letter Suggesting Case Closing (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - August 9, 2023 Administrative Decision) (Pioch, Neil) (Entered: 08/25/2023)

1 Index of Exhibits

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2 Exhibit A - August 9, 2023 Administrative Decision

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ORDER from U.S. Court of Appeals - Sixth Circuit re 37 Notice of Appeal filed by Starbucks Corporation [Appeal Case Number 23-1187] (TTho) (Entered: 09/05/2023)

Appeal Order/Opinion/Judgment

Appeal Order/Opinion/Judgment