Trustees of the International Union of Operating Engineers Local 30 Benefit Funds et al v. Dellew Corporation
Plaintiff: Trustees of the International Union of Operating Engineers Local 30 Benefit Funds and The International Union of Operating Engineers, Local 30
Defendant: Dellew Corporation
Case Number: 1:2019cv01851
Filed: April 1, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Dora Lizette Irizarry
Referring Judge: Vera M Scanlon
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Opinion or Order Filing 14 ORDER withdrawing #10 Motion for Default Judgment; granting #13 Motion to Vacate. Defendant's deadline to answer the Complaint or otherwise move is extended to 7/18/2019. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 8/1/2019 at 12:00 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiffs' counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 7/25/2019. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 7/2/2019. (Quinlan, Krista)
July 1, 2019 Filing 13 Consent MOTION to Vacate #9 Clerk's Entry of Default, by Dellew Corporation. (Attachments: #1 Stipulation and (Proposed) Order) (Magliery, John)
June 28, 2019 Filing 12 NOTICE of Appearance by Kaitlyn E Fallon on behalf of Dellew Corporation (aty to be noticed) (Fallon, Kaitlyn)
June 28, 2019 Filing 11 NOTICE of Appearance by John Michael Magliery on behalf of Dellew Corporation (aty to be noticed) (Magliery, John)
June 26, 2019 Opinion or Order ORDER re #10 Motion for Default Judgment -- The Clerk of Court having entered default, this matter is referred to Magistrate Judge Vera M. Scanlon to conduct an inquest, if necessary, as to damages and/or legal fees. So Ordered by Chief Judge Dora Lizette Irizarry on 6/26/2019. (Carosella, Christy)
June 26, 2019 MOTION REFERRED: #10 MOTION for Default Judgment against Dellew Corporation Motion referred to Magistrate Judge Vera M. Scanlon. (Carosella, Christy)
June 25, 2019 Filing 10 MOTION for Default Judgment against Dellew Corporation by The International Union of Operating Engineers, Local 30, Trustees of the International Union of Operating Engineers Local 30 Benefit Funds. (Attachments: #1 Declaration of Dana Henke In Support of Plaintiffs' Motion For Entry of Default Judgment and Damages, #2 Statement of Damages, #3 Default Judgment, #4 Declaration of Michael Spillane in Support of Plaintiffs' Motion For Default Judgment and Damages, #5 Certificate of Service) (Henke, Dana)
June 25, 2019 Filing 9 VACATED pursuant to #14 Order of Magistrate Judge Vera M. Scanlon. This entry has been modified on 7/2/2019 to indicate order #9 has been vacated. (Krista Quinlan). Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Dellew Corporation has failed to appear or otherwise defend this action, the default of defendant Dellew Corporation is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) Modified on 7/2/2019 (Quinlan, Krista).
June 20, 2019 Filing 8 Request for Certificate of Default by The International Union of Operating Engineers, Local 30, Trustees of the International Union of Operating Engineers Local 30 Benefit Funds (Attachments: #1 Clerk's Certificate, #2 Declaration Declaration In Support of Request For Certificate of Default, #3 Certificate of Service Certificate of Service) (Henke, Dana)
April 8, 2019 Filing 7 SUMMONS Returned Executed by The International Union of Operating Engineers, Local 30, Trustees of the International Union of Operating Engineers Local 30 Benefit Funds. Dellew Corporation served on 4/2/2019, answer due 4/23/2019. (Henke, Dana)
April 2, 2019 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
April 2, 2019 Filing 5 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)
April 1, 2019 Filing 4 Summons Issued as to Dellew Corporation. (Bowens, Priscilla)
April 1, 2019 Case assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Vera M. Scanlon. 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)
April 1, 2019 Filing 3 Civil Cover Sheet.. by The International Union of Operating Engineers, Local 30, Trustees of the International Union of Operating Engineers Local 30 Benefit Funds (Henke, Dana)
April 1, 2019 Filing 2 Proposed Summons. Re #1 Complaint, by The International Union of Operating Engineers, Local 30, Trustees of the International Union of Operating Engineers Local 30 Benefit Funds (Henke, Dana)
April 1, 2019 Filing 1 COMPLAINT against Dellew Corporation filing fee $ 400, receipt number ANYEDC-11339458 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by The International Union of Operating Engineers, Local 30, Trustees of the International Union of Operating Engineers Local 30 Benefit Funds. (Henke, Dana)

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Plaintiff: Trustees of the International Union of Operating Engineers Local 30 Benefit Funds
Represented By: Dana Lynne Henke
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Plaintiff: The International Union of Operating Engineers, Local 30
Represented By: Dana Lynne Henke
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Defendant: Dellew Corporation
Represented By: Kaitlyn E Fallon
Represented By: John Michael Magliery
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