[Tuesday, October 8, 2013]

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:90-cv-05722-RMB-THK
United States Of, et al v. District Council Of, et al Assigned to: Judge Richard M. Berman Referred to: Magistrate Judge Theodore H. Katz Demand: $0 Related Cases: 1:08-cv-06959-CSHTHK 1:08-cv-03329-RMB 1:10-cv-08120-LAP 1:13-cv-04473-RMB Similar Case: 1:12-cv-00130RMB Case in other court: USCA 2nd Circuit, 09-02972-cv(L) USCA 2nd Circuit, 09-02982-cv(CON) USCA 2nd Circuit, 09-02984-cv(CON) USCA 2nd Circuit, 09-03016-cv(CON) Cause: 18:1962 Racketeering (RICO) Act [...] Date Filed 10/08/2013 # Docket Text Date Filed: 09/06/1990 Jury Demand: None Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question

1410 MEMO ENDORSEMENT on PRELIMINARY STATEMENT. ENDORSEMENT: RO may respond by Oct. 15, 2013. (Signed by Judge Richard M. Berman on 10/8/2013) (mro) (Entered: 10/08/2013) 1409 STATUS REPORT. Fourth Thirty-Day Compliance Report Regarding Electronic Job Reporting Under the Wall-Ceiling Association, Building Contractors Association, General Contractors Association, and Floor Coverers Association CBAs Document filed by District Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Murphy, James) (Entered: 10/04/2013) 1408 NOTICE OF APPEARANCE by Mitra Hormozi on behalf of N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Hormozi, Mitra) (Entered: 10/04/2013) 1407 NOTICE OF APPEARANCE by Barbara Sue Jones on behalf of N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Jones, Barbara) (Entered: 10/02/2013)

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Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/30/2013. See transcript of proceedings held for a complete record. ( Status Conference set for 10/29/2013 at 10:00 AM before Judge Richard M. Berman.). (sc) (Entered: 10/01/2013) 1406 LETTER addressed to Judge Richard M. Berman from Robert B. Stulberg dated September 27, 2013 re: Letter to the Court from James W. Lutz, dated September 5, 2013 and filed September 9, 2013. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters.(Stulberg, Robert) (Entered: 09/27/2013) Set/Reset Hearings: Oral Presentation set for 10/23/2013 at 11:00 AM before Judge Richard M. Berman. (mro) (Entered: 09/26/2013) 1405 ENDORSED LETTER addressed to Judge Richard M. Berman from James P Noonan dated 9/25/13 re: James P. Noonan writes to object to the Letter and Findings of Dennis M, Walsh, Review Officer dated September 24, 2013. ENDORSEMENT: The Court would prefer any written responses to RO Letter + Findings by Oct 10, 2013. RO may reply by Oct 17, 2013. Oral presentations on Oct 23, 2013 @ 11:00. Same schedule applies to all candidates. (Signed by Judge Richard M. Berman on 9/26/2013) (mro) Modified on 9/26/2013 (mro). (Entered: 09/26/2013) 1404 LETTER addressed to Judge Richard M. Berman from Robert B. Stulberg dated September 25, 2013 re: Letter from Robert B. Stulberg to the Court dated September 24, 2013. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # 1 Appendix Corrected letter in response to letter from James W. Lutz to the Court dated 9-5-13 and filed 9-9-13, # 2 Exhibit Exhibits A-B, # 3 Exhibit Exhibits C-L)(Stulberg, Robert) (Entered: 09/25/2013) 1403 LETTER addressed to Judge Richard M. Berman from Robert B. Stulberg dated September 24, 2013 re: Response to Letter to the Court from James W. Lutz, dated September 5, 2013 and filed September 9, 2013. Document filed by N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Attachments: # 1 Exhibit Exhibits A-B, # 2 Exhibit Exhibits CL)(Stulberg, Robert) (Entered: 09/24/2013) 1402 ENDORSED LETTER addressed to Judge Richard M. Berman from Dennis M. Walsh dated 9/24/13 re: Dennis M. Walsh encloses a statement provided to the District Council this morning regarding the special election for Executive Secretary-Treasurer. ENDORSEMENT: Clerk to docket this letter. (Signed by Judge Richard M. Berman on 9/24/2013) (mro) Modified on 9/25/2013 (mro). (Entered: 09/24/2013) 1401 NOTICE OF APPEARANCE by Robert B. Stulberg on behalf of N.Y.C. District Council of N.Y.C. & Vicinity of the United Brotherhood of Carpenters. (Stulberg, Robert) (Entered: 09/24/2013) 1400 ORDER: A hearing in this matter regarding the Review Officer's September 16, 2013 Petition to Require the District Council to Implement a Business

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Operations and IT Modernization Plan is scheduled for September 30, 2013 at 11:00 a.m. ( Status Conference set for 9/30/2013 at 11:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 9/19/2013) (mro) (Entered: 09/19/2013) 09/16/2013 09/16/2013 1399 CERTIFICATE OF SERVICE. Document filed by Dennis Walsh. (Rohde, Bridget) (Entered: 09/16/2013) 1398 DECLARATION of Dennis Walsh in Support re: 1397 MOTION to Require the District Council to Implement an IT and Business Operations Modernization Plan.. Document filed by Dennis Walsh. (Attachments: # 1 Exhibit 1)(Rohde, Bridget) (Entered: 09/16/2013) 1397 MOTION to Require the District Council to Implement an IT and Business Operations Modernization Plan. Document filed by Dennis Walsh.(Rohde, Bridget) (Entered: 09/16/2013) Minute Entry for proceedings held before Judge Richard M. Berman: Hearing was held on 9/12/2013. Hearing held re: approval of collective bargaining agreement and conflict issue of counsel. See transcript for a complete record. (sc) (Entered: 09/13/2013) 1396 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/3/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 09/12/2013) 1395 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/3/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: William Richards, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 10/7/2013. Redacted Transcript Deadline set for 10/18/2013. Release of Transcript Restriction set for 12/16/2013. (Rodriguez, Somari) (Entered: 09/12/2013) 1394 ORDER: The Court hereby grants the District Council's application and approves the CBA between the District Council and CAGNY, including its provisions regarding full mobility and anti-corruption technology mechanisms. The Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the CBA between the District Council and CAGNY approved on July 24, 2013. The District Council shall file with the Court approximately every thirty (30) days after entry of this Order and approximately every thirty days thereafter until further order of the Court a report describing (i) the progress and effect of the electronic jobs reporting procedures and the compliance and enforcement

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procedures under the CBA between the District Council and CAGNY, CBA between the District Council and the Floor Coverers Association, the CBA between District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C; (ii) the anti-corruption enforcement efforts of the District Council; and (iii) additional information regarding the status of the CBA between the District Council and CAGNY, the CBA between the District Council and the Floor Coverers Association, the CBA between the District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C pertaining to enforcement of the Consent Decree. The reports may be consolidated. (Signed by Judge Richard M. Berman on 9/12/2013) (mro) (Entered: 09/12/2013) 09/11/2013 1393 LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated 09/11/2013 re: Signed Trustee Waivers. Document filed by New York City District Council of Carpenters Annuity Fund, New York City District Council of Carpenters Apprenticeship, Journeyman Retraining, Educational and Industry Fund, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund.(O'Leary, Elizabeth) (Entered: 09/11/2013) 1392 LETTER addressed to Judge Richard M. Berman from John M. McEnany & Benjamin H. Torrance dated Sept 10, 2013 re: Conflict issue. Document filed by United States of America.(Torrance, Benjamin) (Entered: 09/10/2013) 1391 ENDORSED LETTER addressed to Judge Richard M. Berman from James Lutz dated 9/5/13 re: James Lutz submits a quote from an E-Mail that he sent to the NYCDOC Inspector General Mr. Danielson. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 9/9/2013) (mro) (Entered: 09/09/2013) 1389 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 09/06/2013) 1388 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/12/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 9/30/2013. Redacted Transcript Deadline set for 10/10/2013. Release of Transcript Restriction set for 12/9/2013. (Rodriguez, Somari) (Entered: 09/06/2013) 1390 ENDORSED LETTER addressed to Judge Richard M. Berman from

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Elizabeth O'Leary dated 9/4/13 re: Counsel requests that the deadline to file with the Court signed waivers from the Trustees of the Funds be extended from today until 9/11/13. ENDORSEMENT: Deadline to file with the Court signed waivers from the Trustees of the Funds is hereby extended until September 11, 2013. (Signed by Judge Richard M. Berman on 9/5/2013) (mro) (Entered: 09/09/2013) 09/04/2013 1387 LETTER MOTION for Extension of Time to File Signed Waivers from the Trustees of the Funds addressed to Judge Richard M. Berman from Elizabeth O'Leary dated 09/04/2013. Document filed by New York City District Council of Carpenters Annuity Fund, New York City District Council of Carpenters Apprenticeship, Journeyman Retraining, Educational and Industry Fund, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund.(O'Leary, Elizabeth) (Entered: 09/04/2013) Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/3/2013. Court Reporter, Bill Richards, was present. See transcript for a complete record. (sc) Modified on 9/4/2013 (sc). (Entered: 09/04/2013) 1386 ORDER: The Court hereby grants the District Council's application and approves the CBA between the District Council and the Floor Coverers Association, including its provisions regarding full mobility and anticorruption technology mechanisms. The Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the CBA between the District Council and the Floor Coverers Association approved on August 14, 2013. The District Council shall file with the Court approximately every thirty (30) days after entry of this Order and approximately every thirty days thereafter until further order of the Court a report describing (i) the progress and effect of the electronic jobs reporting procedures and the compliance and enforcement procedures under the CBA between the District Council and the Floor Coverers Association, the CBA between District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C; (ii) the anti-corruption enforcement efforts of the District Council; and (iii) additional information regarding the status of the CBA between the District Council and the Floor Coverers Association, the CBA between the District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C pertaining to enforcement of the Consent Decree. The reports may be consolidated. (Signed by Judge Richard M. Berman on 9/3/2013) (mro) (Entered: 09/03/2013) 1385 ENDORSED LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated 8/30/13 re: This letter is intended to serve as a correction to the August 22 letter. Counsel deeply regrets their incorrect representation in that letter regarding the results of the Trustees' poll. The error was due to a miscommunication on counsels part with a temporary

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assistant who was charged with tracking the Trustees' e-mail responses and their mistaken belief that all eleven sitting Trustees-rather than only nine of the Trustees-had responded that each waived any conflict. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 9/3/2013) (mro) (mro). (Entered: 09/03/2013) 08/30/2013 1384 ENDORSED LETTER addressed to Judge Richard M. Berman from James M. Murphy dated 8/27/2013 re: As you know, this firm represents the New York City and Vicinity District Council of Carpenters ("District Council"). Following up on discussions held during the Court's hearing of July 16, 2013, I write to provide Your Honor with revised data regarding the District Council's electronic job reporting system. ENDORSEMENT: Clerk to docket. SO ORDERED. (Signed by Judge Richard M. Berman on 8/30/2013) (rsh) (Entered: 08/30/2013) 1383 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/16/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 08/29/2013) 1382 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/16/2013 before Judge Richard M. Berman. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/2/2013. (Rodriguez, Somari) (Entered: 08/29/2013) 1381 STATUS REPORT. Third Thirty-Day Compliance Report Regarding Electronic Job Reporting Under the Wall-Ceiling Association, Building Contractors Association, and General Contractors Association CBAs Document filed by District Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Murphy, James) (Entered: 08/27/2013) 1380 NOTICE OF APPEARANCE by Elizabeth O'Leary on behalf of New York City District Council of Carpenters Annuity Fund, New York City District Council of Carpenters Apprenticeship, Journeyman Retraining, Educational and Industry Fund, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund. (O'Leary, Elizabeth) (Entered: 08/27/2013) 1379 ENDORSED LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated 8/26/13 re: Counsel submits this letter in response to Your Honor's Order dated August 26, 2013 requesting legal analysis with

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authorities regarding conflicts of interest that may exist by virtue of this firm's representation of the Funds and the Contractors Association of Greater New York ("CAGNY"). ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 8/27/2013) (mro) (Entered: 08/27/2013) 08/27/2013 Set/Reset Hearings: Status Conference set for 9/3/2013 at 09:00 AM before Judge Richard M. Berman. Status Conference set for 9/12/2013 at 10:00 AM before Judge Richard M. Berman. (mro) (Entered: 08/27/2013) 1378 ORDER: The schedule of topics to be addressed on September 3, 2013 (and on September 12, 2013 at 10:00 a.m. with respect to (3) below) follows: 1. 9:00 a.m.-Hearing on compliance with electronic reporting of hours required under the new collective bargaining agreements ("CBA"). See Tr. dated July 16, 2013. 2. 9:15 a.m.-Requested approval of the CBA between the District Council and the Greater New York Floor Coverers Association, Inc., ratified on August 14, 2013. 3. Requested approval of the CBA between the District Council and the Contractor's Association of Greater New York, Inc. ("CAGNY"), ratified on July 24, 2013. This will be taken up on September 12, 2013 at 10:00 a.m. when the Court will hear from Bond Schoeneck & King PLLC. (Signed by Judge Richard M. Berman on 8/27/2013) (mro) (Entered: 08/27/2013) 1377 ORDER: Zero tolerance for impropriety (actual or potential) in Union affairs applies no less to the lawyers than to other union officials. It is very surprising to the Court that Government and other counsel copied on the Government's August 26, 2013 letter failed to prevent the obvious potential conflict presented here. The AUSA is requested forthwith to seek out the facts and information it needs to ensure there is no conflict problem or issue with respect to all counsel, investigators, accountants, consultants, etc. representing the Benefit Funds and the District Council and to report back to the Court by September 10, 2013. (Signed by Judge Richard M. Berman on 8/27/2013) (mro) (Entered: 08/27/2013) 1376 ENDORSED LETTER addressed to Judge Richard M. Berman from Tara M. La Morte dated 8/26/13 re: Counsel writes in response to the Court's August 12, 2013. As discussed herein, while counsel believes there may be a potential conflict in the McGuire firm's representation of CAGNY in collective bargaining negotiations with the District Council in light of the Benefit Funds' status as a third party in interest, counsel cannot provide a definitive answer, as this is a very fact dependent determination and this Office is without all of the pertinent facts. ENDORSEMENT: See Court's Order dated 8/27/13. (Signed by Judge Richard M. Berman on 8/27/2013) (mro) (Entered: 08/27/2013) 1375 ENDORSED LETTER addressed to Judge Richard M. Berman from James M. Murphy dated 8/26/13 re: The CAGNY collective bargaining agreement presently before the Court is in all material respects a "me, too" agreement to the CBA between the District Council and the Building Contractors Association (BCA) that the Court approved back on June 12, 2013 (Doc. 1332). As ordered by the Court, enclosed with this letter as Exhibit A is a

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schedule showing the attorneys, accountants, investigators, and consultants retained by the District Council along with the requested detailed information of each person or firm. ENDORSEMENT: Respectfully, the points presented here, including the reference to "me to" agreements, ARE NOT entirely persuasive. Some of the authorities cited, in fact, appear to contradict conclusions drawn by counsel. (Signed by Judge Richard M. Berman on 8/27/2013) (mro) (Entered: 08/27/2013) 08/27/2013 1374 ENDORSED LETTER addressed to Judge Richard M. Berman from Bridget M. Rohde dated 8/26/13 re: Counsel writes in response to the Court's request for the parties and the Review Officer to address whether any conflicts arise from the dual representation by Kauff McGuire & Margolis LLP ("KMM") of the Taft-Hartley fringe benefit funds of the New York City District Council of Carpenters ("Benefit Funds") and the Contractors Association of Greater New York ("CAGNY"). ENDORSEMENT: Mr. McGuire is respectfully directed to submit a signed + dated conflict waivers of each of the Funds trustees (as noted on p 1, footnote 1 of this letter). Waivers to be written + filed with the Court on or before Sept. 4, 2013. (Signed by Judge Richard M. Berman on 8/27/2013) (mro) Modified on 8/27/2013 (mro). (Entered: 08/27/2013) 1373 ENDORSED LETTER addressed to Judge Richard M. Berman from Elizabeth O'Leary dated 8/22/13 re: In response to Your Honor's August 14, 2013 Order in the above-referenced case, enclosed please find Exhibit "A" which identifies in table format all attorneys, investigators, accountants and/or consultants (name, address, who appointed them, and their role) who perform services on behalf of the Funds, and which specifies the sources of funds paid to such individuals or firms. ENDORSEMENT: Clerk to docket + file. (Signed by Judge Richard M. Berman on 8/26/2013) (mro) (Entered: 08/26/2013) 1372 ENDORSED LETTER addressed to Judge Richard M. Berman from Richard B. Ziskin dated 8/21/13 re: This letter is submitted on behalf of the Floor Coverers Association in response to the Court's August 15th Order which set forth that any written comments regarding the CBA are to be served and filed by August 23, 2013. (ECF # 1367) In this regard, the Floor Coverers Association respectfully submits that the Court should approve the CBA, including its provisions regarding full mobility and anti-corruption mechanisms. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 8/26/2013) (mro) (Entered: 08/26/2013) 1371 ENDORSED LETTER addressed to Judge Richard M. Berman from Raymond G. McGuire dated 8/22/13 re: Counsel states that the Trustees were polled and each stated he would waive any actual or potential conflict involved with my firm representing both the Funds and CAGNY in connection with the Court's consideration of the recently ratified collective bargaining agreement between CAGNY and the District Council. ENDORSEMENT: Thank you for the 8/22/13. What the Court is seeking-firm KM&M as well as District Council, RO, + AUSA--is a reasoned legal analysis with Authorities, regarding conflicts of interest. See TR. dated

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7/16/13. Please submit analyses TODAY!! (Signed by Judge Richard M. Berman on 8/26/2013) (mro) Modified on 8/26/2013 (mro). (Main Document 1371 replaced on 8/26/2013) (mro). (Entered: 08/26/2013) 08/20/2013 1370 NOTICE OF APPEARANCE by Dennis A. Lalli on behalf of The Contractors' Association of Greater New York, Inc.. (Lalli, Dennis) (Entered: 08/20/2013) 1369 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas Hogan re: Thomas Hogan states that he has worked in the Carpenter's Union 608 since 1968. During that time he was supposed to get Pension Credits from the contractors and the Javits Center Local 20, but the BA stole all his credit stamps and used them for themselves to get big pensions for themselves. ENDORSEMENT: Please take up with RO Dennis Walsh: 415 Madison Ave., 11th Floor, New York, NY 10017. 646.553.1357. (Signed by Judge Richard M. Berman on 8/19/2013) (mro) (Entered: 08/20/2013) 1368 ENDORSED LETTER addressed to Judge Richard M. Berman from James M. Murphy dated 8/15/2013 re: Counsel for the New York City and Vicinity District Council of Carpenters requests that Your Honor schedule a conference on issuing an Order similar to those earlier Orders. ENDORSEMENT: Clerk to docket. Scheduling order to follow. (Signed by Judge Richard M. Berman on 8/15/2013) (tro) (Entered: 08/16/2013) 1367 ORDER: The Court has received the District Council's August 15,2013 letter regarding the new collective bargaining agreement between the District Council and the Greater New York Floor Coverers Association, Inc. ("Floor Coverers Association"), ratified on August 14, 2013 ("CBA"). Any written comments regarding the CBA are to be served and filed by August 23, 2013. A conference in this matter is scheduled for September 3, 2013 at 9:00 a.m. (Status Conference set for 9/3/2013 at 09:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 8/15/2013) (tro) (Entered: 08/16/2013) 1366 ENDORSED LETTER addressed to Judge Richard M. Berman from Dennis M. Walsh dated 8/14/2013 re: The Review Officer seeks the consent of the Court to conduct and oversee that election on an expedited basis and --in the interest of time and economy-- to deviate from the full scope of the procedures in the election rules. ENDORSEMENT: Clerk to docket. See 8/15/13 Order. (Signed by Judge Richard M. Berman on 8/15/2013) (tro) (Main Document 1366 replaced on 8/19/2013) (mro). (Entered: 08/16/2013) 1365 ORDER: The Court hereby approves the request for a special election suspending certain election rules required by the District Council Bylaws as outlined in the Application and in conformance with the schedule set forth in the Application. (Signed by Judge Richard M. Berman on 8/15/2013) (tro) (Entered: 08/16/2013) 1364 NOTICE OF APPEARANCE by Richard Barry Ziskin on behalf of Greater New York Floor Coverers Association, Inc.. (Ziskin, Richard) (Entered: 08/15/2013)

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1363 ORDER: Counsel for the District Council and counsel for the Benefit Funds are each requested to include in their letters to be submitted to the Court on or before August 26, 2013 regarding any actual or potential conflicts of interest (see 8/12/13 conference transcript), the following additional information: (1) a list of all attorneys, investigators, accountants, and/or consultants (name, address, who appointed them, and their role) to the District Council and the Benefit Funds, respectively; (2) the source of funds paid to such individuals or firms. (Signed by Judge Richard M. Berman on 8/14/2013) (mro) (Entered: 08/14/2013) Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 8/12/2013. Court reporter Sam Mauro present. Parties to submit letters to Court by 8/26/13 re: Mr. McGuires dual representation. See transcript for a complete record. (ja) (Entered: 08/20/2013) 1362 DECISION AND ORDER: For the foregoing reasons, Bilello's Appeal [#1268] is denied. (Signed by Judge Richard M. Berman on 8/5/2013) (mro) (Entered: 08/05/2013) 1361 ORDER: The Court has received the District Council's July 25, 2013 letter regarding the new collective bargaining agreement between the District Council and the Contractor's Association of Greater New York, Inc. ("CAGNY"), ratified on July 24, 2013 ("CBA"). Any written comments regarding the CBA are to be served and filed by August 8, 2013. A conference in this matter is scheduled for August 12, 2013 at 10:00 a.m. ( Status Conference set for 8/12/2013 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 7/26/2013) (mro) Modified on 7/29/2013 (mro). (Entered: 07/26/2013) 1360 ENDORSED LETTER addressed to Judge Richard M. Berman from James M. Murphy dated 7/25/13 re: Counsel for the District Council requests that Your Honor schedule a conference on issuing an Order similar to earlier Orders. ENDORSEMENT: Clerk to docket. Scheduling order to follow. (Signed by Judge Richard M. Berman on 7/26/2013) (mro) (Entered: 07/26/2013) 1359 STATUS REPORT. Second Thirty-Day Compliance Report Regarding Electronic Job Reporting Under the Wall-Ceiling Association and Building Contractors Association CBAs Document filed by District Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Murphy, James) (Entered: 07/19/2013) Minute Entry for proceedings held before Judge Richard M. Berman: Oral Argument held on 7/18/2013(on Bilello veto) re: 1336 Endorsed Letter. See transcript for a complete record. Submitted by C. Murray, Deputy Clerk (sc) (Entered: 07/22/2013) Minute Entry for proceedings held before Judge Richard M. Berman: Hearing for a collective bargaining agreement held on 7/16/2013. Court exhibits A & B entered into evidence. Court reporter Khris Sellin present. ( Next conference with principals(including the following persons: Mr.

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McGinnis, Mr. Walker, Mr. Danielson, Mr. Capurso and Mr. Golshen and a representative of Standard Data)is set for 9/3/2013 at 09:00 AM before Judge Richard M. Berman. See transcript for a complete record). Submitted by C. Murray, Deputy Clerk (sc) (Entered: 07/17/2013) 07/16/2013 07/16/2013 Set/Reset Hearings: Status Conference set for 9/3/2013 at 09:00 AM before Judge Richard M. Berman. (mro) (Entered: 07/17/2013) 1358 ORDER: The Court hereby grants the District Council's application and approves the CBA between the District Council and the GCA, including its provisions regarding full mobility and anti-corruption technology mechanisms. The Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the CBA between the District Council and the BCA approved on May 22, 2013. The Court has been informed that the technological (anti-corruption) components that are contained in the May 8, 2013 CBA between the WC&C and the District Council and the June 11, 2013 CBA between the BCA and the District Council appear to have been poorly implemented to date. Because of this, the Court has set a hearing for September 3, 2013 at 9:00 a.m. to examine the implementation process in some detail with responsible individuals. (Signed by Judge Richard M. Berman on 7/16/2013) (mro) (Entered: 07/17/2013) 1357 MEMO ENDORSEMENT on Court Exhibit B 7/16/13. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 7/16/2013) (mro) (Entered: 07/16/2013) 1356 MEMO ENDORSEMENT on Ct. Exhibit A 7/16/13. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 7/16/2013) (mro) (Entered: 07/16/2013)

07/16/2013

07/16/2013