Trustees of the Local 813 Pension Trust Fund et al v. Rizzo Environmental Services Corp. et al
| Trustees of the Local 813 Insurance Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund and Trustees of the Local 813 Pension Trust Fund |
| XYZ Corporations 1-10, John and Jane Does 1-10 and Rizzo Environmental Services Corp. |
| 1:2019cv06622 |
| November 25, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Rachel P Kovner |
| Cheryl L Pollak |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1451 E.R.I.S.A. |
| None |
Docket Report
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| Case Reassigned to Judge Rachel P. Kovner. Judge Margo K. Brodie no longer assigned to the case. 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. (Mahoney, Brenna) |
| Filing 11 CERTIFICATE OF SERVICE by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund re #10 MOTION for Default Judgment and all the supporting documentation therewith (Shah, Neil) |
| MOTIONS REFERRED: #10 MOTION for Default Judgment Motions referred to Cheryl L. Pollak. (Piper, Francine) |
| Filing 10 MOTION for Default Judgment by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Domenick J. Giglio in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Declaration of Sharon Huang in Support, #12 Exhibit 1, #13 Exhibit 2, #14 Exhibit 3, #15 Exhibit 4, #16 Exhibit 5, #17 Exhibit 6, #18 Declaration of Neil V. Shah in Support, #19 Exhibit 1, #20 Exhibit 2, #21 Exhibit 3, #22 Exhibit 4, #23 Exhibit 5, #24 [Proposed] Default Judgment, #25 Certificate of Service) (Shah, Neil) |
ORDER REFERRING MOTION: The Court respectfully refers #10 Motion for Default Judgment to Magistrate Judge Cheryl Pollak for a report and recommendation. The Court encourages the parties to consider consenting to Judge Pollak's jurisdiction for purposes of deciding the motion. Ordered by Judge Margo K. Brodie on 1/31/2020. (Brodman, Alexandra)
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| Filing 9 STATUS REPORT LETTER to the Hon. Cheryl L. Pollak from Neil V. Shah dated 1/24/2020 by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund (Shah, Neil) |
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Rizzo Environmental Services Corp. has failed to appear or otherwise defend this action, the default of defendant Rizzo Environmental Services Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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ELECTRONIC STATUS REPORT ORDER: The parties are directed to provide a status letter to this Court within thirty (30) days of the date of this Order. Status Report due by 1/27/2020. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/27/2019. (Caggiano, Diana)
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| Filing 7 Request for Certificate of Default by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund (Attachments: #1 Declaration of Neil V. Shah in Support of Request For Entry of Certificate of Default with Exhibit A, #2 Proposed Certificate of Default, #3 Certificate of Service) (Shah, Neil) |
| Filing 6 SUMMONS Returned Executed by Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund, Trustees of the Local 813 Insurance Trust Fund. Rizzo Environmental Services Corp. served on 11/26/2019, answer due 12/17/2019. (Leader, Jordan) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to Rizzo Environmental Services Corp.. (Bowens, Priscilla) |
| Filing 2 NOTICE of Appearance by Anthony S. Cacace on behalf of Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund (aty to be noticed) (Cacace, Anthony) |
| Filing 1 COMPLAINT against John and Jane Does 1-10, Rizzo Environmental Services Corp., XYZ Corporations 1-10 filing fee $ 400, receipt number ANYEDC-12096666 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Trust Fund, Trustees of the Local 813 Insurance Trust Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Proposed Summons) (Shah, Neil) |
| Case assigned to Judge Margo K. Brodie and Magistrate Judge Cheryl L. Pollak. 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) |
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