This case was last updated from PACER on 07/06/2021 at 08:42:42 (UTC).

United Natural Foods, Inc. et al v. Teamsters Local 120

Case Summary

On May 7, 2021 Plaintiffs United Natural Foods, Inc., SUPERVALU INC. (“Supervalu”) and their affiliates in interest (collectively, “UNFI” or “the Company”) (collectively, Plaintiffs) represented by Noah G. Lipschultz of Little Mendelson, PC filed a labor lawsuit against Defendant Teamsters Local 120 (“Local 120” or the “Union”) seeking damages and declaratory judgment against the alleged breach of arbitration provisions of the contract. This case was filed in U.S. District Court in the District of Minnesota with Judge Nancy E. Brasel and Judge Elizabeth Cowan Wright presiding. 

 

In the complaint, the Plaintiffs have alleged that “the Union filed six grievances, each of which challenged UNFI’s right to have temporary employees perform work on various dates. The Union moved all six grievances to arbitration; and the parties selected an arbitrator and scheduled six arbitration hearings; and the Union then refused to arbitrate any of these six grievances and unilaterally informed the selected arbitrators that the six scheduled hearings were canceled, which violated the parties’ contractual grievance arbitration procedure.” “The Union violated and improperly manipulated the contract provisions governing (i) mandatory grievance arbitration (required by Article 16, Section 16.01), (ii) the selection of arbitrators (required by Article 16, Section 16.02), and (iii) the selection of hearing dates (required by Article 16, Section 16.03).”

 

The Plaintiffs have further alleged that “The Union’s actions complained of by UNFI have caused damages, and if not remedied and restrained, the Union’s actions will disrupt and impede the “system of self-government” and “private law” embodied in the parties’ contractual grievance arbitration procedure.” Further, the Damages included but not limited to “absence of the resolution mandated by the CBA for any grievance that is not pursued to arbitration the absence of a final and binding resolution in conformity with the CBA’s grievance arbitration procedures; and the Company’s expenses and attorneys’ fees associated with preparing for and participating in arbitration proceedings that the Union unilaterally cancelled (including a reasonable valuation of Company representatives’ time, arbitration fees, and court reporter costs).”

 

There are four counts for relief laid down by the Plaintiffs. The first count for relief is for alleged breach of contract by Refusal to Arbitrate Six Grievances that were moved to Arbitration. The second count for relief is for alleged breach of contract by violating Contract Provisions governing selection of Arbitrators and Hearing Dates. The third count for relief is for alleged breach of contract by refusal to arbitrate Grievance 20-0523 after the Company’s Opening Statement. The fourth count for relief is for declaratory judgment for resolution of procedural issues and merits in grievances 20-0461 and 20-0523. 

 

In their prayer for relief, the Plaintiffs have requested the Court to adjudge that each grievance that the Union moved to arbitration and then refused to arbitrate is “resolved” in favor of the Company regarding the merits and any disputed procedural issues; an order staying and/or enjoining the two grievance arbitration hearings; award damages resulting from actions in moving the six grievances to arbitration and then refusing to arbitrate among other reliefs. The Plaintiffs have further requested the Court to award any other relief as it may deem equitable, just and appropriate. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:21-CV-01174

  • Filing Date:

    05/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - National Labor Relations Act

Judge Details

Referral Judge

Elizabeth Cowan Wright

Presiding Judge

Nancy E. Brasel

 

Party Details

Plaintiffs

Supervalu, Inc.

United Natural Foods, Inc.

Supervalu Inc.

Defendant

Teamsters Local 120

Attorney/Law Firm Details

Plaintiff Attorneys

Noah G Lipschultz

Attorney at Littler Mendelson, PC

80 S 8Th St Ste 1300

Mpls, MN 55402-2136

Philip Andrew Miscimarra

Attorney at Morgan, Lewis & Bockius LLP - DC Office

1111 Pennsylvania Avenue, Nw

Washington, DC 20004-2541

Shane O'Halloran

Attorney at Morgan, Lewis & Bockius LLP

1701 Market Street

Philadelphia, PA 19103

Wonho J. Lee

Attorney at Philadelphia

1701 Market Street

Philadelphia, PA 19103

Defendant Attorneys

Amanda Marie Brunt

Attorney at The Previant Law Firm, S.C.

310 W Wisconsin Ave, Ste 100 Mw

Milwaukee, WI 53203

Frederick Perillo

Attorney at The Previant Law Firm, S.C.

310 W. Wisconsin Avenue, Ste 100Mw

Milwaukee, WI 53203

Katrina E Joseph

Attorney at Teamsters Local No. 120

9422 Ulysses Street Ne, Suite 120

Blaine, MN 55434

 

Court Documents

46 #1

LR7.1/LR72.2 Word Count Compliance Certificate

#46

(#46) MEMORANDUM in Opposition re #30 MOTION to Dismiss/General filed by Supervalu Inc., United Natural Foods, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lipschultz, Noah) (Entered: 07/01/2021)

#45

RESTRICTED

#43

(#43) SUMMONS Returned Executed by United Natural Foods, Inc., Supervalu Inc.. Teamsters Local 120 served on 6/23/2021, answer due 7/14/2021. (Lipschultz, Noah) (Entered: 06/23/2021)

#42

(#42) LETTER TO DISTRICT JUDGE by Teamsters Local 120 . (Perillo, Frederick) (Entered: 06/22/2021)

39 #2

Exhibit(s) B

39 #1

Exhibit(s) A

#39

(#39) MOTION UNFIS MOTION FOR FINDINGS (1) THAT AMENDED COMPLAINT DOES NOT MOOT OR REQUIRE FILING OF SECOND DEFENDANTS MOTION TO DISMISS, AND (2) FOR UNFI TO HAVE UNTIL JULY 1, 2021 (10 DAYS AFTER FILING AMENDED COMPLAINT) TO FILE ITS OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Supervalu, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Lipschultz, Noah) (Entered: 06/21/2021)

#30

(#46) MEMORANDUM in Opposition re #30 MOTION to Dismiss/General filed by Supervalu Inc., United Natural Foods, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lipschultz, Noah) (Entered: 07/01/2021)

#7

(#10) PROPOSED ORDER TO JUDGE re Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction to Maintain the Status Quo and Stay Arbitration #7 Motion for TRO, #8 Memorandum in Support of Motion, #9 Declaration in Support,. (Lipschultz, Noah) (Entered: 05/13/2021)

#6

(#6) SUMMONS Returned Executed by United Natural Foods, Inc., Supervalu, Inc.. Teamsters Local 120 served on 5/12/2021, answer due 6/2/2021. (Lipschultz, Noah) (Entered: 05/13/2021)

#4

(#4) Summons Issued as to Teamsters Local 120. (KNK) (Entered: 05/07/2021)

#2

(#2) RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Plaintiffs Supervalu, Inc., United Natural Foods, Inc.. (Lipschultz, Noah) (Entered: 05/07/2021)

1 #4

Civil Cover Sheet

1 #3

Exhibit(s) C

1 #2

Exhibit(s) B

1 #1

Exhibit(s) A

#1

(#1) COMPLAINT against Teamsters Local 120 (filing fee $ 402, receipt number AMNDC-8735056) filed by United Natural Foods, Inc., Supervalu, Inc.. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Civil Cover Sheet) (Lipschultz, Noah) (Entered: 05/07/2021)

59 More Documents Available
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Docket Entries

  • 07/01/2021
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  • Docket(#46) MEMORANDUM in Opposition re #30 MOTION to Dismiss/General filed by Supervalu Inc., United Natural Foods, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lipschultz, Noah) (Entered: 07/01/2021)

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  • 06/25/2021
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  • Docket(#45) TRANSCRIPT of Hearing on Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction held on 5/19/2021 before Judge Nancy E. Brasel. (39 pages). Court Reporter: Tim Willette. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 7/2/2021. Redaction Request due 7/16/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/23/2021. (TJW) (Entered: 06/25/2021)

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  • 06/23/2021
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  • Docket(#44) TEXT ONLY ORDER GRANTING the unopposed #39 motion that the amended complaint does not moot or require the filing of a second motion to dismiss by the defendant and that plaintiff may have up until 7/1/21 to file its response to the defendant's motion to dismiss. Signed by Judge Nancy E. Brasel on 7/23/2021. (KMW) (Entered: 06/23/2021)

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  • 06/23/2021
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  • Docket(#43) SUMMONS Returned Executed by United Natural Foods, Inc., Supervalu Inc.. Teamsters Local 120 served on 6/23/2021, answer due 7/14/2021. (Lipschultz, Noah) (Entered: 06/23/2021)

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  • 06/22/2021
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  • Docket(#42) LETTER TO DISTRICT JUDGE by Teamsters Local 120 . (Perillo, Frederick) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#41) Summons Issued as to Teamsters Local 120. (MKB) (Entered: 06/22/2021)

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  • 06/21/2021
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  • Docket(#40) MEET and CONFER STATEMENT re #39 Motion for Miscellaneous Relief, filed by Supervalu, Inc., United Natural Foods, Inc..(Lipschultz, Noah) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#39) MOTION UNFIS MOTION FOR FINDINGS (1) THAT AMENDED COMPLAINT DOES NOT MOOT OR REQUIRE FILING OF SECOND DEFENDANTS MOTION TO DISMISS, AND (2) FOR UNFI TO HAVE UNTIL JULY 1, 2021 (10 DAYS AFTER FILING AMENDED COMPLAINT) TO FILE ITS OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Supervalu, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Lipschultz, Noah) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#38) AMENDED COMPLAINT against Teamsters Local 120. filed by United Natural Foods, Inc., Supervalu, Inc.. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Lipschultz, Noah) (Entered: 06/21/2021)

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  • 06/07/2021
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  • Docket(#37) TEXT ONLY ENTRY: ORDER granting #35 Motion for Admission Pro Hac Vice of Attorney Frederick Perillo for Teamsters Local 120; granting #36 Motion for Admission Pro Hac Vice of Attorney Amanda Marie Brunt for Teamsters Local 120. Approved by Magistrate Judge Elizabeth Cowan Wright on 6/7/2021. (NAH) (Entered: 06/07/2021)

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26 More Docket Entries
  • 05/13/2021
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  • Docket(#10) PROPOSED ORDER TO JUDGE re Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction to Maintain the Status Quo and Stay Arbitration #7 Motion for TRO, #8 Memorandum in Support of Motion, #9 Declaration in Support,. (Lipschultz, Noah) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#9) Declaration of Philip A. Miscimarra in Support of #7 MOTION for Temporary Restraining Order and/or Preliminary Injunction to Maintain the Status Quo and Stay Arbitration - Expedited Handling Requested filed by Supervalu, Inc., United Natural Foods, Inc..(Lipschultz, Noah) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#8) MEMORANDUM in Support re #7 MOTION for Temporary Restraining Order and/or Preliminary Injunction to Maintain the Status Quo and Stay Arbitration - Expedited Handling Requested filed by Supervalu, Inc., United Natural Foods, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lipschultz, Noah) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#7) MOTION for Temporary Restraining Order and/or Preliminary Injunction to Maintain the Status Quo and Stay Arbitration - Expedited Handling Requested filed by Supervalu, Inc., United Natural Foods, Inc.. (Lipschultz, Noah) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#6) SUMMONS Returned Executed by United Natural Foods, Inc., Supervalu, Inc.. Teamsters Local 120 served on 5/12/2021, answer due 6/2/2021. (Lipschultz, Noah) (Entered: 05/13/2021)

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  • 05/07/2021
  • Docket(#5) (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Philip A. Miscimarra, W. John Lee as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (KNK) (Entered: 05/07/2021)

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  • 05/07/2021
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  • Docket(#4) Summons Issued as to Teamsters Local 120. (KNK) (Entered: 05/07/2021)

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  • 05/07/2021
  • Docket(#3) TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per 3rd, 4th - Master list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 21-cv-1174 (NEB/ECW). (KNK) (Entered: 05/07/2021)

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  • 05/07/2021
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  • Docket(#2) RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Plaintiffs Supervalu, Inc., United Natural Foods, Inc.. (Lipschultz, Noah) (Entered: 05/07/2021)

    Read MoreRead Less
  • 05/07/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Teamsters Local 120 (filing fee $ 402, receipt number AMNDC-8735056) filed by United Natural Foods, Inc., Supervalu, Inc.. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Civil Cover Sheet) (Lipschultz, Noah) (Entered: 05/07/2021)

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