Case 1:23-cv-10731-JMF Document 1 Filed 12/08/23 Page 1 of 8

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES
(I.A.T.S.E.), LOCAL 600, INTERNATIONAL
CINEMATOGRAPHERS GUILD, LOCAL
700, MOTION PICTURE EDITORS GUILD,
LOCAL 161, SCRIPT SUPERVISORS, Case No.
PRODUCTION COORDINATORS, AND
ACCOUNTANTS, LOCAL 798, MAKE-UP COMPLAINT
ARTISTS AND HAIR STYLISTS, LOCAL
764, THEATRICAL WARDROBE UNION,
LOCAL 52, MOTION PICTURE STUDIO
MECHANICS, UNITED SCENIC ARTISTS,
LOCAL USA 829,
PLAINTIFFS,

-against-

THAT’S AMORE MOVIE, LLC,

DEFENDANT.

Plaintiffs, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE

EMPLOYEES (I.A.T.S.E.), LOCAL 600, INTERNATIONAL CINEMATOGRAPHERS

GUILD, LOCAL 700, MOTION PICTURE EDITORS GUILD, LOCAL 161, SCRIPT

SUPERVISORS, PRODUCTION COORDINATORS, AND ACCOUNTANTS, LOCAL 798,

MAKE-UP ARTISTS AND HAIR STYLISTS, LOCAL 764, THEATRICAL WARDROBE

UNION, LOCAL 52, MOTION PICTURE STUDIO MECHANICS, UNITED SCENIC

ARTISTS, LOCAL USA 829 (“Plaintiffs” or “Union Claimants”) by its counsel, Spivak Lipton

LLP, respectfully alleges as follows:

1. This is an action to confirm and enforce a labor arbitration award pursuant to Section

301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. §§ 185 et seq.

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JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331

and 29 U.S.C. § 185.

3. Venue is proper within this judicial district pursuant to 29 U.S.C. § 185(a) and 28

U.S.C. § 1391.

PARTIES

4. Plaintiffs are seven labor unions affiliated with the International Alliance of

Theatrical Stage Employees Union (“I.A.T.S.E.”), as well as the I.A.T.S.E. itself, whose members

performed services in connection with the production of the film, That’s Amore, that commenced

production on or about September 19, 2022, with a projected budget of thirty-four million dollars

($34,000,000.00).

a. The IATSE is a labor union representing behind the scenes entertainment

workers, including those involved in the production of motion pictures, with a

business office located at 207 W 25th Street, Floor 4, New York, New York

10001.

b. Local 600, International Cinematographers Guild is a labor union representing

camera professionals and publicists with a business office located at 70 W 36th

Street, Floor 9, New York, New York 10018.

c. Local 700, Motion Picture Editors Guild is a labor union representing

freelance and staff post-production professionals with a business office

located at 145 Hudson Street, Suite 201, New York, New York 10013.

d. Local 161, Script Supervisors, Production Coordinators, and Accountants is a

labor union representing script supervisors, production coordinators, assistant

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production coordinators, travel coordinators, production accountants, assistant

production accountants and payroll accountants with a business office located

at 630 9th Avenue, Suite 1103, New York, New York 10036.

e. Local 798, Make-Up Artists and Hair Stylists is a labor union representing

make-up artists and hairstylists in the entertainment industry with a business

office located at 70 W 36th Street, Suite 4A, New York, New York 10018.

f. Local 764, Theatrical Wardrobe Union is a labor union representing wardrobe

workers in film, television, and live performance with a business office

located at 545 W 45th Street, Floor 2, New York, New York 10036.

g. Local 52, Motion Picture Studio Mechanics, is a labor union representing

property, grip, electric, shop craft, sound, video, and allied/medic workers in

the entertainment industry with a business office located at 19-02 Steinway

Street, Astoria, New York 11105.

h. United Scenic Artists, Local USA 829 is a labor union representing designers,

artists, craftspeople, and department coordinators with a business office

located at 29 W 38th Street, Floor 15, New York, New York 10018.

5. Defendant, That’s Amore Movie, LLC (“That’s Amore”), is a film production

company with its principal officers and producers Nick Vallelonga (“Green Book” Director and

Screenwriter) and Brenda Emmett. Upon information and belief, Defendant That’s Amore

Movie, LLC is a domestic limited partnership organized and existing under the laws of the State

of New Jersey, with offices located at 201 West Passaic Street, Suite 301, Rochelle Park, New

Jersey 07662 and 64 East Midland Avenue, Suite 7, Paramus, New Jersey 07652, and with a

service of process address of P.O. Box 53, Arrington, Tennessee 37014. At all times relevant

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hereto, That’s Amore was engaged in the business of producing a motion picture, and was and is

an employer within the meaning of the LMRA, 29 U.S.C. § 152(2).

FACTS UNDERLYING THE COMPLAINT

6. Defendant entered into several collective bargaining agreements (“CBAs”) with the

Plaintiffs in October 2022, setting forth the wages, benefits and other terms and conditions

applicable to the covered work under the CBAs.

7. Individuals represented by the Plaintiffs were hired by Defendant, That’s Amore

Movie, LLC pursuant to the negotiated CBAs to perform work on the film, That’s Amore, in over a

dozen different job classifications including but not limited to: cinematographer, camera operator,

camera assistant, editor, costume designer, wardrobe supervisor, hair and make-up stylists,

production designer, art director, scenic artist, electrician, grip, construction, script supervisor,

production coordinator, and accountant (“Union Workers”).

8. In addition, Defendant cast several A-list celebrities to perform in the film including

but not limited to John Travolta, Katherine Heigl, Christopher Walken, Talia Shire and Drea de

Mateo.

9. The Union Workers performed services covered by the CBAs from the time period

September 19, 2022 through November 11, 2022.

10. Defendant failed to timely pay wages and benefits to the Union Workers for work

performed in October and November 2022, failed to make the required pension and health

contributions to the various benefit funds, and failed to act in accordance with other terms and

conditions set forth in the CBAs.

11. As a result of the Defendant’s failure to timely pay the agreed upon wages and

benefits and adhere to the CBAs, the Plaintiffs filed grievances seeking to recover the amounts due

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and ultimately, filed for arbitration pursuant to the grievance-arbitration provisions set forth in the

CBAs.

12. By written agreement, Plaintiffs and Defendant agreed to consolidate all grievances

filed by the various Unions and proceed to arbitration before a single arbitrator pursuant to the

Labor Rules of the American Arbitration Association. A copy of the fully executed Agreement to

Consolidate Grievance-Arbitration Proceedings is attached hereto as Exhibit A.

13. The arbitration process was administered by the New York office of the American

Arbitration Association and assigned case number, AAA Case No. 01-23-0000-9280. An arbitration

hearing was scheduled before Arbitrator Abigail Levy on July 11 and 12, 2023. Plaintiffs and

Defendant (“Parties”) appeared, were represented by counsel, and engaged in in-depth, arms-length

settlement negotiations, with the assistance of Arbitrator Levy, during the scheduled hearing dates

and for several days thereafter to reach a mutually satisfactory settlement.

14. The Parties ultimately reached a settlement, that was memorialized in writing and

titled, Mutual General Release and Settlement Agreement (“Settlement Agreement”). The

Settlement Agreement was fully executed on August 18, 2023.1

15. The Settlement Agreement was also confirmed by the Arbitrator and a true and

correct copy of the Arbitrator’s Confirmation of Settlement Agreement is attached hereto as Exhibit

B. The Award has not been vacated or modified by order of any court of competent jurisdiction

and is still in full force and effect.

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In accordance with the terms of the Settlement Agreement, upon assignment of a Judge to this matter, Plaintiffs
will seek leave to file a copy of the Settlement Agreement under seal consistent with the assigned Judge’s Individual
Practices and the court’s Electronic Case Filing Rules and Instructions.

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16. The Settlement Agreement details the obligations of each of the Parties with

respect to the implementation of the Settlement Agreement terms including obligations for

payments and dismissal of the Action.

17. In accordance with the Settlement Agreement, full and final payment of the Total

Settlement Amount was to be made by no later than October 17, 2023, subject to the written

notice and cure provisions detailed in the Settlement Agreement.

18. As per the terms of the Settlement Agreement, and in accordance with the CBAs,

That’s Amore was required to pay, inter alia, the full gross wages owed for work performed for

weeks ending October 29, 2022, November 5, 2022 and November 12, 2022, late penalties, and

all benefit contributions due for all work performed on That’s Amore including but not limited to

contributions to the applicable pension, health and annuity funds (such as the Motion Picture

Industry Health and Pension Fund and the IATSE National Benefits Fund), as well as training

trust funds.

19. Defendant failed to carry out its obligations under the Settlement Agreement by

failing to submit the necessary paperwork in a timely fashion and by failing to make all the agreed

upon payments within sixty (60) days of execution of the Settlement Agreement (i.e., by October

17, 2023,) except for certain payments pursuant to Sections 2(a) and (b) of the Settlement

Agreement.

20. The Plaintiffs followed the terms of the Settlement Agreement regarding the

notice procedure for a default and issued a Notice of Default on October 6, 2023, and October

18, 2023.

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21. To date, That’s Amore has not paid the gross wages, incidental expenses and

benefit payments owed for work performed by seventy-seven (77) Union Workers for weeks

ending October 29, 2022, November 5, 2022 and November 12, 2022.

22. The Producers continue to promote the film including but not limited to engaging

in expensive marketing strategies and incurring costly expenses such as the recording of a

soundtrack with full orchestra despite the non-payment of contractually owed wages and

benefits. 2

23. As per the terms of the Settlement Agreement, That’s Amore LLC consented to

the enforcement of the Settlement Agreement by and under the laws of the State of New York

and under the jurisdiction of the New York courts.

24. No prior application for the relief requested herein has been made to this or any

other court or judge.

CLAIM 1 – CONFIRMATION OF ARBITRATION AWARD

25. Plaintiffs repeat and re-allege Paragraphs 1-24 above as if set forth fully herein.

26. Plaintiffs request an order confirming the Award under well-settled federal labor

law arising under the LMRA. The Award is final and binding, was issued pursuant to an

agreement among the parties, and draws its essence from the parties’ CBAs.

2“John Travolta and Katherine Heigl’s Musical Rom-Com ‘That’s Amore!” From ‘Green Book’
Writer Has Recorded Seven Songs,” Variety, Nov. 1, 2023,
https://variety.com/2023/film/spotlight/john-travolta-katherine-heigl-1235775313/; See also
https://parade.com/movies/thats-amore-john-travolta-musical; https://people.com/john-travolta-
and-katherine-heigl-have-so-much-chemistry-in-upcoming-musical-rom-com-says-director-
8385879; and Deadline, 11/1/23, https://deadline.com/2023/11/nick-vallelonga-signs-
independent-artist-group-1235589987/ (“Vallelonga is fresh off success with international sales
at AFM for his new film That’s Amore, a rom-com that he wrote and will direct.”)

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27. Plaintiffs are entitled to confirmation and enforcement of the Award and entry of

judgment pursuant to LMRA Section 301, 29 U.S.C. § 185.

WHEREFORE, Plaintiffs respectfully request that this Court confirm the Award in its

entirety and order compliance therewith, directing judgment be entered thereon for the total sums

awarded therein plus additional sums due and owing under the Settlement Agreement including

but not limited to attorneys fees and costs, and any such other and further relief the Court deems

just and proper.

Dated: New York, New York Respectfully Submitted:

December 8, 2023

By: /s/ Hope Pordy

Hope Pordy
SPIVAK LIPTON LLP
1040 Avenue of the Americas, 20th Floor
New York, NY 10018
(212) 765-2100
[email protected]

Attorneys for INTERNATIONAL ALLIANCE

OF THEATRICAL STAGE EMPLOYEES
(I.A.T.S.E.), LOCAL 600, INTERNATIONAL
CINEMATOGRAPHERS GUILD, LOCAL
700, MOTION PICTURE EDITORS
GUILD, LOCAL 161, SCRIPT
SUPERVISORS, PRODUCTION
COORDINATORS, AND ACCOUNTANTS,
LOCAL 798, MAKE-UP ARTISTS AND
HAIR STYLISTS, LOCAL 764,
THEATRICAL WARDROBE UNION,
LOCAL 52, MOTION PICTURE STUDIO
MECHANICS, UNITED SCENIC ARTISTS,
LOCAL USA 829

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EXHIBIT A
DocuSign Envelope ID: FAE27F99-7665-4527-86C3-EDE42CF53571
B146FBC7-BA16-4C9D-8D7A-7E00E3B2E3CB
Case 1:23-cv-10731-JMF Document 1-1 Filed 12/08/23 Page 2 of 3

AGREEMENT TO CONSOLIDATE GRIEVANCE-ARBITRATION PROCEEDINGS

This Agreement to Consolidate Grievance-Arbitration Proceedings (“Agreement”) is

made and entered into by and among That’s Amore Movie LLC, The International Alliance of
Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the
United States, its Territories and Canada, AFL-CIO, CLC (“IATSE”), and the IATSE New
York Production Locals (“New York Production Locals”) as set forth in the Letter of
Adherence executed by That’s Amore Movie LLC on October 14, 2022, (all of which are
collectively referred to as the “Parties”). The Parties hereby acknowledge and agree as
follows:

1. There are pending, separate grievance-arbitration proceedings between the

IATSE and the New York Production Locals on the one hand, and That’s Amore Movie,
LLC, on the other.

2. The grievance-arbitration proceedings described above concern or relate to

claims arising out of the same matter (e.g., wages and benefits owed to IATSE-represented
and New York Production Local-represented crew members working on the motion picture
production known as “That’s Amore” and other violations of the applicable CBAs with the
undersigned New York Production Locals).

3. The grievance-arbitration proceedings described above shall be consolidated

and may be submitted to arbitration before an arbitrator selected from an arbitration panel of
the American Arbitration Association.

4. This Agreement may be executed in one or more counterparts, all of which

shall form a single agreement. An electronic signature on this Agreement shall be valid and
effective for all purposes as an original signature.

ACCEPTED AND AGREED:

IATSE

By: ___________________________________

Date: 2/17/2023
_________________________________

That’s Amore Movie, LLC

By: ___________________________________
2/8/2022
Date: _________________________________

-1-
DocuSign Envelope ID: FAE27F99-7665-4527-86C3-EDE42CF53571
B146FBC7-BA16-4C9D-8D7A-7E00E3B2E3CB
Case 1:23-cv-10731-JMF Document 1-1 Filed 12/08/23 Page 3 of 3

IATSE Local 52

By: ___________________________________
2/12/2023
Date: _________________________________

IATSE Local 161

By: ____________)__________________
Geoffrey Leonard, Counsel for Local 161

Date: _1.25.2023____________________

IATSE Local 600

By: ___________________________________
2/12/2023
Date: _________________________________

IATSE Local 700

By: ___________________________________

Date: 2/10/2023
_________________________________

IATSE Local 764

By: ___________________________________

2/10/2023
Date: _________________________________

IATSE Local 798

By: __________________________________

Date: 2/17/2023
_________________________________

IATSE Local USA829

By: ___________________________________

2/11/2023
Date: _________________________________

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EXHIBIT B
 Case 1:23-cv-10731-JMF Document 1-2 Filed 12/08/23 Page 2 of 4

BEFORE ARBITRATOR ABIGAIL R. LEVY, ESQ.

AMERICAN ARBITRATION ASSOCIATION

In the Matter of the Arbitration Between

INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES
(“I.A.T.S.E.”), LOCAL 600,
INTERNATIONAL
CINEMATOGRAPHERS GUILD, LOCAL CONFIRMATION OF
700, MOTION PICTURE EDITORS SETTLEMENT AGREEMENT
GUILD, LOCAL 161, SCRIPT Case No.: 01-23-0000-9280
SUPERVISORS, PRODUCTION
COORDINATORS, AND
ACCOUNTANTS, LOCAL 798, MAKE-UP
ARTISTS AND HAIR STYLISTS, LOCAL
764, THEATRICAL WARDROBE UNION,
LOCAL 52, MOTION PICTURE STUDIO
MECHANICS, UNITED SCENIC
ARTISTS, LOCAL USA 829,

-and-

THAT’S AMORE MOVIE, LLC.

The undersigned Arbitrator was appointed to hear and decide the above-captioned dispute
pursuant to the grievance-arbitration provisions of the applicable collective bargaining
agreements (“the Action”). The Action was scheduled for hearing on July 11 and 12, 2023, and
in lieu of an arbitration hearing, the parties negotiated a settlement of the Action, aided by the
Arbitrator, and memorialized the terms of their settlement in a Mutual General Release and
Settlement Agreement to be so ordered by the Arbitrator. Accordingly, the Arbitrator issues the
following:

Confirmation of Settlement Agreement

In full settlement of Case No. 01-23-0000-9280, the International Alliance of Theatrical Stage
Employees (“I.A.T.S.E.”), Local 600, International Cinematographers Guild, Local 700, Motion
Picture Editors Guild, Local 161, Script Supervisors, Production Coordinators, and Accountants,
Local 798, Make-Up Artists and Hair Stylists, Local 764, Theatrical Wardrobe Union, Local 52,

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