Trustees of the UFCW Local 174 Commercial Pension Fund v. Q-Pak Corporation et al
| Trustees of the UFCW Local 174 Commercial Pension Fund |
| Q-Pak Corporation, John and Jane Does (1-10) and XYZ Corporations (1-10) |
| 1:2019cv01723 |
| March 26, 2019 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Jack B Weinstein |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1451 E.R.I.S.A. |
| None |
Docket Report
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Filing 10
DEFAULT JUDGMENT, that Plaintiffs, the Trustees of the UFCW Local 174 Commercial Pension Fund, have judgment against Defendant Q-Pak Corporation in the amount of $2,252,260.36, computed as follows: (a) $1,866,563 for its allocated share of the unfunded vested liabilities of the Fund; (b) $188,333.78 for accrued interest; (c) $188,333.78 for liquidated damages; (d) $9,025.00 for attorneys' fees; and (e) $4.80 for costs. Ordered by Judge Jack B. Weinstein on 5/4/2019. (Layne, Monique)
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ORDER, granting #9 Motion for Default Judgment. Ordered by Judge Jack B. Weinstein on 5/4/2019. (Layne, Monique)
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| Filing 11 Minute Entry for proceedings held before Judge Jack B. Weinstein: Docket Call held on 5/14/2019. Case called for motion hearing re #9 Motion for Default Judgment Against Defendant Q-Pak Corporation filed by Trustees of the UFCW Local 174 Commercial Pension Fund. Counsel for both sides not present. Motion granted. Order signed. (Barrett, C) |
| Filing 9 MOTION for Default Judgment Against Defendant Q-Pak Corporation by Trustees of the UFCW Local 174 Commercial Pension Fund. (Attachments: #1 Memorandum in Support, #2 Declaration of Neil V.Shah, Esq., in Support of Motion for Entry of Default Judgment, #3 Exhibit 1 to Shah Declaration, #4 Exhibit 2 to Shah Declaration, #5 Exhibit 3 to Shah Declaration, #6 Exhibit 4 to Shah Declaration, #7 Declaration of George Leventis in Support of Motion for Entry of Default Judgment, #8 Exhibit 1 to Leventis Declaration, #9 Exhibit 2 to Leventis Declaration, #10 Exhibit 3 to Leventis Declaration, #11 Exhibit 4 to Leventis Declaration, #12 Exhibit 5 to Leventis Declaration, #13 Exhibit 6 to Leventis Declaration, #14 Exhibit 7 to Leventis Declaration, #15 Proposed Judgment upon Default, #16 Certificate of Service as to Plaintiffs' Motion for Entry of Default Judgment upon Defendant Q-Pak Corporation by Certified Mail and FedEx Overnight Delivery on April 30, 2019) (Shah, Neil) |
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Q-Pak Corporation has failed to appear or otherwise defend this action, the default of defendant Q-Pak Corporation is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure.(Poveda, J.) |
| Filing 7 Request for Certificate of Default by Trustees of the UFCW Local 174 Commercial Pension Fund (Attachments: #1 [Proposed] Certificate of Default, #2 Declaration of Neil V. Shah, #3 Certificate of Service) (Shah, Neil) |
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Filing 6
COURT ORDER WHEN NEW CIVIL CASE FILED AND COURT'S READING OF COMPLAINT. Treat under Local Rule 72.2. My case manager is to set a conference before me as soon as possible after appearance. Respectfully referred to the Magistrate Judge for: expedited discovery; settlement; mediation referral and/or court annexed arbitration. Ordered by Judge Jack B. Weinstein on 4/1/2019. (Barrett, C)
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| Filing 5 SUMMONS Returned Executed by Trustees of the UFCW Local 174 Commercial Pension Fund. Q-Pak Corporation served on 3/27/2019, answer due 4/17/2019. (Shah, Neil) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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 Q-Pak Corporation. (Bowens, Priscilla) |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against John and Jane Does (1-10), Q-Pak Corporation, XYZ Corporations (1-10) filing fee $ 400, receipt number ANYEDC-11321818 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Trustees of the UFCW Local 174 Commercial Pension Fund. (Attachments: #1 Exhibit A - Certified Letter dated August 19, 2011., #2 Exhibit B - Certified Letter dated May 29, 2014., #3 Exhibit C - Certified Letter dated January 29, 2016., #4 Exhibit D - Certified Letter dated December 7, 2018., #5 Exhibit E - Certified Letter dated February 22, 2019., #6 Civil Cover Sheet, #7 Proposed Summons) (Shah, Neil) |
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