The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO et al v. Carlo Lizza & Sons Paving, Inc.
| The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO and International Union of Operating Engineers Local 14-14B, AFL-CIO |
| Carlo Lizza & Sons Paving, Inc. |
| 1:2019cv02180 |
| April 15, 2019 |
| US District Court for the Eastern District of New York |
| Steven Tiscione |
| Eric N Vitaliano |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.
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In light of the default entered, the conference scheduled for July 2nd before the undersigned is canceled. So Ordered by Magistrate Judge Steven Tiscione on 7/1/2019. (Vasquez, Lea)
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ORDER re Order Referring Motion: The motion for default has been referred to the undersigned for decision. Accordingly, this Court will take the submissions under advisement and schedule a hearing or issue a report and recommendation in due course. So Ordered by Magistrate Judge Steven Tiscione on 6/11/2019. (Vasquez, Lea)
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ORDER REFERRING MOTION: #9 Plaintiffs' Motion for Default Judgment is respectfully referred to Magistrate Judge Steven Tiscione for a report and recommendation. Ordered by Judge Eric N. Vitaliano on 6/7/2019. (Siegel, Max)
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| Filing 15 CERTIFICATE OF SERVICE by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO re #12 Affidavit in Support of Motion, #9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc., #8 Clerk's Entry of Default, #13 Affidavit in Support of Motion,, #7 Request for Certificate of Default, #10 Affidavit in Support of Motion, #14 Memorandum in Support, #11 Affidavit in Support of Motion, served upon Defendant Carlo Lizza & Sons Paving, Inc. via U.S. Mail on June 5, 2019. (Steinberg, James) |
| Filing 14 MEMORANDUM in Support re #9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc. filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc. (Affidavit of James M. Steinberg, Esq.) filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (Steinberg, James) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc. (Affidavit of E. Christian) filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc. (Affidavit of L. Madeiras) filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc. (Affidavit of M. Monterroso) filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Steinberg, James) |
| Filing 9 Notice of MOTION for Default Judgment against Defendant Carlo Lizza & Sons Paving, Inc. by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Statement of Damages) (Steinberg, James) |
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Carlo Lizza & Sons Paving, Inc. has failed to appear or otherwise defend this action, the default of defendant Carlo Lizza & Sons Paving, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 7 Request for Certificate of Default by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO (Attachments: #1 Declaration in Support of Request for Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
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Filing 6
SCHEDULING ORDER: An in-person initial conference will be held at 5:00 p.m. on July 2, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than June 28th. So Ordered by Magistrate Judge Steven Tiscione on 5/15/2019. (Vasquez, Lea)
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| Filing 5 SUMMONS Returned Executed by The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO, International Union of Operating Engineers Local 14-14B, AFL-CIO. Carlo Lizza & Sons Paving, Inc. served on 4/30/2019, answer due 5/21/2019. (Steinberg, James) |
| Filing 4 Summons Issued as to Carlo Lizza & Sons Paving, Inc.. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Steven Tiscione. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Carlo Lizza & Sons Paving, Inc. filing fee $ 400, receipt number ANYEDC-11384240 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO, International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Steinberg, James) |
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| Plaintiff: The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: International Union of Operating Engineers Local 14-14B, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Defendant: Carlo Lizza & Sons Paving, Inc. | |
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