Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO v. North American Iron Works, Inc.
| Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO |
| North American Iron Works, Inc. |
| Bay Crane Service, Inc. |
| 1:2012cv05721 |
| November 20, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| James Orenstein |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Defendant |
Docket Report
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| Filing 42 SATISFACTION OF JUDGMENT re #41 Clerk's Judgment,,, entered In favor of Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO Against North American Iron Works, Inc. by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO (Steinberg, James) |
| Filing 41 CLERK'S JUDGMENT in favor of Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers, Local 14-14B, AFL-CIO against North American Iron Works, Inc. ORDERED and ADJUDGED that Plaintiffs' motion for summary judgment is granted; and that judgment is hereby entered in favor of Plaintiffs The Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers, Local 14-14B, AFL-CIO by their Trustees Edwin L. Christian, Chris Confrey, John Cronin, Don DeNardo, Renzo Collavino, Daniel Noesges, Denise M. Richardson and John F. O'Hare and against Defendant North American Iron Works, Inc., in the amount of $51,858.83. Ordered by Douglas C. Palmer, Clerk of Court, by J. Hamilton, Deputy Clerk on 9/11/2015. (Layne, Monique) |
ORDER ADOPTING REPORT AND RECOMMENDATIONS -- On August 24, 2015, the Hon. James Orenstein, U.S.M.J., issued a Report and Recommendation ("R & R") recommending that this Court grant plaintiff's motion for summary judgment against defendant North American Iron Works, Inc. ("NAIWI"). Upon due consideration, the thorough and well-reasoned R & R is hereby adopted in its entirety. Accordingly, plaintiff's motion for summary judgment is granted and judgment against NAIWI is awarded in the amount of $51,858.83, consisting of $15,824.80 in deficient fringe benefit contributions, $4,443.19 in prejudgment interest through September 11, 2015, $4,443.19 in statutory damages, $15,610.25 in attorneys' fees, $11,112.40 in audit fees, and $425.00 in costs. The Clerk of the Court is directed to enter judgment in accordance with the terms of the R & R, and to close this case. Notably, defendant NAIWI neither opposed plaintiff's summary judgment motion nor filed any objections to the R & R. Accordingly, on or before October 12, 2015, NAIWI may move to reopen this case if it wishes to pursue its claim against third-party defendant Bay Crane Service, Inc., explaining why its failure to oppose the summary judgment motion or object to the R & R do not constitute a waiver of its third-party claim. Moreover, failure to comply with the deadline, absent demonstrated good cause by affidavit, shall constitute a waiver of NAIWI's third-party claims, with prejudice. SO ORDERED by Judge Dora Lizette Irizarry on 9/11/2015. (Irizarry, Dora)
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Filing 40
REPORT AND RECOMMENDATIONS re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. For the reasons set forth in the attached document, I respectfully recommend that the court enter judgment against the defendant in the total amount of $51,858.83 (consisting of $15,824.80 in deficient fringe benefit contributions; $4,443.19 in pre-judgment interest through September 11, 2015; $4,443.19 in statutory damages; $15,610.25 in attorneys' fees; $11,112.40 in audit fees and $425.00 in costs). Any objections to this Report and Recommendation must be filed no later than September 10, 2015. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 8/24/2015. (Orenstein, James)
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ORDER REFERRING MOTION: #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO --- This motion is referred to Magistrate Judge James Orenstein for the preparation of a Report and Recommendations. So Ordered by Judge Dora Lizette Irizarry on 1/22/2015. (Carosella, Christy)
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| Case Assigned to Magistrate Judge James Orenstein. Magistrate Judge Joan M. Azrack, (Marziliano, August) Modified on 1/14/2015 (Marziliano, August). |
| Filing 39 CERTIFICATE OF SERVICE by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO re #36 Affidavit in Support of Motion, #33 Rule 56.1 Statement, #37 Affidavit in Support of Motion, #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc., #34 Memorandum in Support, #38 Affidavit in Support of Motion, #35 Affidavit in Support of Motion, served upon Harry Schochat, Esq., attorney for Defendant and to Barry Birnbaum, Esq., attorney for Third-Party Defendant via U.S. Regular Mail on November 5, 2014. (Steinberg, James) |
| Filing 38 AFFIDAVIT/DECLARATION in Support re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. Affidavit of James M. Steinberg, Esq. filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Steinberg, James) |
| Filing 37 AFFIDAVIT/DECLARATION in Support re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. Affidavit of Lisa Madeiras filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 36 AFFIDAVIT/DECLARATION in Support re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. Affidavit of Marlene Monterroso filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 35 AFFIDAVIT/DECLARATION in Support re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. Affidavit of Edwin L. Christian filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 34 MEMORANDUM in Support re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 33 RULE 56.1 STATEMENT re #32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 32 MOTION for Summary Judgment against Defendant North American Iron Works, Inc. by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Statement of Damages) (Steinberg, James) |
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ORDER re #30 Letter filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO ---- The proposed briefing schedule is adopted in full. Plaintiff's moving papers shall be served on November 7, 2014. Defendant's opposition shall be served on November 21, 2014. Plaintiff's reply, if any, shall be served on December 5, 2014, at which point Plaintiff shall file the fully briefed motion. The bundling rule applies. So Ordered by Judge Dora Lizette Irizarry on 10/24/2014. (Carosella, Christy)
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| Filing 31 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference held on 10/23/2014. See attached minute entry for details. Deadline to complete all discovery, including depositions, is October 31, 2014. The telephone conference that is currently scheduled for November 6, 2014, at 11:00 AM, is hereby canceled. (Teverovskaya, Diana) |
| Filing 30 Letter with Proposed Briefing Schedule by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO (Steinberg, James) |
| Filing 29 ANSWER to #13 Third Party Complaint by Bay Crane Service, Inc.. (Attachments: #1 Affidavit of Service) (Birnbaum, Barry) |
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SCHEDULING ORDER: A telephone conference is hereby scheduled with Magistrate Judge Azrack for OCtober 23, 2014, at 1:30 PM. Plaintiff's counsel is directed to initiate the conference call and contact Chambers at (718) 613-2530 when all parties are on the line. Any requests for adjournment must be made via letter filed on ECF at least two days in advance of the scheduled conference and must indicate which parties consent to the adjournment. Ordered by Magistrate Judge Joan M. Azrack on 10/21/2014. (Teverovskaya, Diana)
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ORDER denying #28 Motion for Pre Motion Conference --- The parties are directed to submit a proposed briefing schedule, no later than October 31, 2014, for Plaintiffs' anticipated motion for summary judgment. So Ordered by Judge Dora Lizette Irizarry on 10/20/2014. (Carosella, Christy)
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| Filing 28 Letter MOTION for pre motion conference by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 27 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference held on 6/2/2014. Discovery schedule set. Remaining Rule 26 due by 6/13/14. Serve document requests and interrogatories by July 11, 2014. Responses due by August 15, 2014. Depositions complete by October 31, 2014. The next telephone conference is scheduled for November 6, 2014, at 11:00 AM. See attached minute entry. (D'Antonio, Elizabeth) |
| Filing 26 Minute Order. Telephone Conference held on 5/1/2014. Telephone status conference set for 6/2/14 at 3:45 PM. (Terranova, Robert) |
| Filing 25 Letter MOTION to Adjourn Conference and Provide Status Report by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 24 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Status Conference held on 3/18/2014. Telephone conference re: settlement scheduled for May 1, 2014, at 1:00 pm. (Christianson, Kienan) |
| Filing 23 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Telephone Conference held on 2/14/2014. Telephone conference set for 3/18/2014 at 11:30 AM. (Terranova, Robert) |
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ORDER granting #22 Motion to Adjourn Conference: For the reasons stated in motion #22 , and upon consent of counsel for defendant the telephone conference scheduled with Magistrate Judge Azrack for January 28, 2014 at 11:30 AM is hereby rescheduled for February 14, 2014 at 11:30 AM. Counsel are directed to confer and ensure that all parties are aware of the new date and time. Defendant's counsel is directed to initiate the conference call and contact Chambers at (718) 613-2530 when all parties are on the line. Any requests for adjournment must be made via letter filed on ECF at least two days in advance of the scheduled conference and must indicate which parties consent to the adjournment. Ordered by Magistrate Judge Joan M. Azrack on 1/25/2014. (D'Antonio, Elizabeth)
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| Filing 22 Letter MOTION to Adjourn Conference Scheduled for Jan. 28, 2014 by North American Iron Works, Inc.. (Schochat, Harry) |
| Filing 21 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Status Conference held on 12/18/2013. Revised audit report due by January 16, 2014. Next telephone conference scheduled for January 28, 2014, at 11:30 am. (Christianson, Kienan) (entered 12/20/2013) |
| Filing 20 MOTION to Adjourn Conference and Response Deadline by North American Iron Works, Inc.. (Schochat, Harry) |
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ORDER granting #20 Motion to Adjourn Conference. For the reasons stated in letter #20 , defendant North American Iron Works, Inc., shall have until December 15, 2013 to produce the necessary documents. In addition, the conference scheduled for December 10, 2013, at 2:30pm is hereby rescheduled for December 18, 2013, at 2:00 pm. Ordered by Magistrate Judge Joan M. Azrack on 11/22/2013. (Christianson, Kienan)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Status Conference held on 10/17/2013. Audit report expected by 10/25/13. Defendants to review report by 12/1/2013. Next conference set for 12/10/13 at 2:30pm. See attached minute entry for more details. (Christianson, Kienan) |
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ORDER denying #18 Motion to Adjourn Conference. Given that third party defendant, Bay Crane, was first served with a complaint on July 17, 2013 and the parties have been granted previous requests for adjournment, plaintiff's request for further adjournments is denied. Defendant's counsel is directed to initiate the conference call and contact Chambers at (718) 613-2530 when all parties are on the line. Ordered by Magistrate Judge Joan M. Azrack on 10/16/2013. (D'Antonio, Elizabeth)
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| Filing 18 Consent MOTION to Adjourn Conference and Provide Third-Party Defendant additional time to Answer Third-Party Complaint by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
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SCHEDULING ORDER: For the reasons state in letter #17 , the third party defendant's time to answer or otherwise respond to the third party complaint is hereby extended to October 15, 2013. The telephone conference scheduled before Magistrate Judge Azrack on September 11, 2013 at 12:45 PM is hereby rescheduled for October 17, 2013 at 1:00 PM. Counsel are directed to confer and ensure that all parties are aware of the new date and time. Defendant's counsel is directed to initiate the conference call and contact Chambers at (718) 613-2530 when all parties are on the line. Any requests for adjournment must be made via letter filed on ECF at least two days in advance of the scheduled conference and must indicate which parties consent to the adjournment. The parties are reminded that, pursuant to Judge Azrack's Individual Rules, all documents must be filed electronically. Ordered by Magistrate Judge Joan M. Azrack on 8/23/2013. (Minarcik, Michelle)
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| Filing 17 Letter by North American Iron Works, Inc. (Schochat, Harry) |
| Filing 16 SUMMONS Returned Executed by North American Iron Works, Inc.. Bay Crane Service, Inc. served on 7/30/2013, answer due 8/20/2013. (Schochat, Harry) |
| Filing 15 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference held on 7/23/2013. Appr. for Pltff: J. Steinberg, Esq.; for Deft. H. Schochat, Esq. Tele conf. 9/11/13. (Layne, Monique) |
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SCHEDULING ORDER: Telephone Conference set for 9/11/2013, 12:45 AM in Courtroom 6E North before Magistrate Judge Joan M. Azrack. Ordered by Magistrate Judge Joan M. Azrack on 7/23/2013. (Layne, Monique)
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| Filing 14 Summons on a Third Party Complaint Issued as to Bay Crane Service, Inc.. (Riquelme, Claudia) |
| Filing 13 THIRD PARTY COMPLAINT against All Defendants, filed by North American Iron Works, Inc.. (Schochat, Harry) |
| Filing 12 ANSWER to #1 Complaint, by All Defendants. (Schochat, Harry) |
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SCHEDULING ORDER: Telephone Conference set for 7/23/2013 at 3:15 PM in Courtroom 6E North before Magistrate Judge Joan M. Azrack. Ordered by Magistrate Judge Joan M. Azrack on 6/20/2013. (Layne, Monique)
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Status Conference held on 6/18/2013. Appr. for Pltff: J. Steinberg, Esq.; for Deft: H. Schochat, Esq. Telephone status conf. set for 7/23/13 at 3:15. (Layne, Monique) Modified on 6/24/2013 to correct date. (Layne, Monique). |
| Filing 10 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Telephone Conference held on 5/13/2013. ( Telephone Status Conference set for 6/18/2013 at 04:00 PM before Magistrate Judge Joan M. Azrack.) (Guzzi, Roseann) |
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ORDER terminating #9 Motion to Compel. Motion improper because filed without permission. Ordered by Magistrate Judge Joan M. Azrack on 5/13/2013. (Weiner, Amy)
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| Filing 9 Letter MOTION to Compel Production of Documents and Award Sanctions by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
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ORDER regarding motion to compel and motion for sanctions #9 . Plaintiffs' counsel is directed to review Magistrate Judge Azrack's Individual Rules, which are available on the District Court's web site and provide at Part III(D) that "Where the attorneys for the affected party or non-party witness cannot agree on a resolution of a discovery dispute, they shall initiate a telephone conference with Judge Azrack by contacting Chambers at (718) 613-2530. Attorneys are not permitted to submit letters or formal motions regarding the substance of discovery disputes unless specifically authorized to do so." Plaintiffs' counsel did not have permission to make the motion #9 . If the parties cannot resolve the discovery dispute, plaintiffs' counsel is directed to initiate a conference call with Chambers, as Magistrate Judge Azrack's rules require. Ordered by Magistrate Judge Joan M. Azrack on 4/22/2013. (Weiner, Amy)
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| Filing 8 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference held on 4/4/2013. Appr. for Pltff: J. Steinberg, Esq.; for Deft: H. Schochat, Esq. Deft. to produce quarterly returns by 4/19/13; Deft to produce all outstanding; Auditor will then go to office after receiving records. Phone conf. 5/13/13. (Layne, Monique) |
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SCHEDULING ORDER: Telephone Conference set for 5/13/2013 at 11:00 AM in Courtroom 6E North before Magistrate Judge Joan M. Azrack. Ordered by Magistrate Judge Joan M. Azrack on 4/4/2013. (Layne, Monique)
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SCHEDULING ORDER: A status conference will be held before Magistrate Judge Azrack on April 4, 2013 at 2:30 PM in Courtroom 6E, 225 Cadman Plaza East. All counsel must attend. Any requests for adjournment must be made via letter filed on ECF at least forty-eight (48) hours in advance of the scheduled conference and must indicate which parties consent to the adjournment. Ordered by Magistrate Judge Joan M. Azrack on 2/15/2013. (Terranova, Robert)
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Filing 7
STIPULATION & ORDER, granting #6 Motion to Adjourn Conference. (See Order for full details). Ordered by Magistrate Judge Joan M. Azrack on 2/6/2013. (Layne, Monique)
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| Filing 6 Joint MOTION to Adjourn Conference and Schedule Audit by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Stipulation & Order) (Steinberg, James) |
| Filing 5 Memorandum from Judge Weinstein to Magistrate Judge Azrack, directing to treat under Local Rule 72.2. (Greene, Donna) |
| Filing 4 SUMMONS Returned Executed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. North American Iron Works, Inc. served on 12/7/2012, answer due 12/28/2012. (Steinberg, James) |
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SCHEDULING ORDER: An Initial Conference will be held in Courtroom 6E, 225 Cadman Plaza East, before Magistrate Judge Azrack on January 22, 2013 at 3:00 PM. All counsel must be present and are advised to review Judge Azrack's revised Individual Rules, which are available on the District Court's web site, prior to the conference. Plaintiff's counsel is directed to confirm with defendant's counsel that all necessary participants are aware of this conference. Any request for an adjournment must be made in the form of a letter motion filed on ECF at least forty-eight (48) hours before the scheduled conference and must indicate which parties consent to the adjournment. Ordered by Magistrate Judge Joan M. Azrack on 11/21/2012. (Weiner, Amy)
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to North American Iron Works, Inc.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against North American Iron Works, Inc. Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 350, receipt number 4653051557 (Bowens, Priscilla) |
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| Defendant: North American Iron Works, Inc. | |
| Represented By: | Harry Schochat |
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| Plaintiff: Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| 3rd party defendant: Bay Crane Service, Inc. | |
| Represented By: | Barry N. Birnbaum |
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