Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds et al v. Genrus Corp.
| The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds and Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund |
| Genrus Corp. |
| 1:2020cv01837 |
| April 17, 2020 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Eric R Komitee |
| Robert M Levy |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 CLERK'S JUDGMENT, that Pltffs' motion for default judgment is granted; and that Pltffs are awarded a total amount of $24,397.33. (Signed by Jalitza Poveda, Deputy Clerk on 9/30/2022) (SG) |
Filing 32
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS -- The R&R #30 is adopted in its entirety. Thus, Plaintiffs' motion for default judgment #23 is granted. Plaintiffs are awarded $13,512 in unpaid contributions and $768 in unpaid union assessments and dues check-offs; (2) interest on the unpaidcontributions at the rate of ten percent per annum, through the date of judgment; (3) $2,261.40 in liquidated damages; (4) $447.22 in late payment interest; (5) $6,443 in attorney's fees; (6) and $565.90 in costs. The Clerk of Court is respectfully directed to enter judgment and close the case. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 9/29/2022. (Guy, Alicia)
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| Filing 31 CERTIFICATE OF SERVICE by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds re #30 REPORT AND RECOMMENDATIONS re #23 Second MOTION for Default Judgment filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, The Highway, Road and Street Construction Laborers Local Union 1010, Truste (Grancio, Adrianna) |
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Filing 30
REPORT AND RECOMMENDATION: By order dated October 18, 2021, the Honorable Eric R. Komitee, United States District Judge, referred plaintiffs' motion for default judgment to me for report and recommendation. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that plaintiffs' motion for default judgment be granted and that plaintiffs be awarded: (a) $13,512 in unpaid contributions and $768 in unpaid union assessments and dues check-offs; (b) interest on the unpaid principal at the rate of ten percent per annum, through the date of judgment (c) $2,261.40 in liquidated damages; (d) $447.22 in late payment interest; (e) $6,443 in attorney's fees; and (f) $565.90 in costs. Any objection to this Report and Recommendation must be filed with the Clerk of the Court, with courtesy copies to Judge Komitee and to my chambers, within fourteen (14) days. Failure to file objections in a timely manner may waive a right to appeal the District Court's order. See 28 U.S.C. 636(b)(1); FED. R. CIV. P. 6(a), 6(d), 72. Ordered by Magistrate Judge Robert M. Levy on 6/14/2022. See attached Report & Recommendation for details. (Marino, Janine)
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| Filing 29 CERTIFICATE OF SERVICE by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds re #24 Affidavit in Support of Motion,, #25 Affidavit in Support of Motion,, #26 Affidavit in Support of Motion,, #23 Second MOTION for Default Judgment , #28 Memorandum in Support,, #27 Affidavit in Support of Motion,, (Grancio, Adrianna) |
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ORDER REFERRING MOTION: The Second MOTION for Default Judgment #23 filed by Plaintiffs is respectfully referred to Magistrate Judge Levy for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 10/18/2021. (Guy, Alicia)
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| Filing 28 MEMORANDUM in Support re #23 Second MOTION for Default Judgment filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Grancio, Adrianna) |
| Filing 27 AFFIDAVIT/DECLARATION in Support re #23 Second MOTION for Default Judgment of Adrianna Grancio, Esq. filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 First Amended Complaint, #2 Amended Summons Returned Executed, #3 Second Certificate of Default_Genrus, #4 History Bill for the Court, #5 Proposed Judgment) (Grancio, Adrianna) |
| Filing 26 AFFIDAVIT/DECLARATION in Support re #23 Second MOTION for Default Judgment of Katy Kabala filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Pages from 8.31.2021 DISCREPANCY STATUS REPORT, #2 Pages from 8.31.2021 INTEREST STATUS REPORT (SHORT)) (Grancio, Adrianna) |
| Filing 25 AFFIDAVIT/DECLARATION in Support re #23 Second MOTION for Default Judgment of Joseph Montelle filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Trust Agreements, #2 Collection Policy Signed 4-12-2018, #3 Interest Spreadsheet, #4 reports and late payments Dec 2019-Jan 2020, #5 LDs Spreadsheet) (Grancio, Adrianna) |
| Filing 24 AFFIDAVIT/DECLARATION in Support re #23 Second MOTION for Default Judgment of Keith Loscalzo filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 2018-2021) (Grancio, Adrianna) |
| Filing 23 Second MOTION for Default Judgment by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Grancio, Adrianna) |
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ORDER: Plaintiff received a Clerk's Entry of Default on August 10, 2021. Plaintiff is directed to move for a default judgment, or explain why it has not done so, as soon as possible but in any event no later than 10/15/21. Ordered by Magistrate Judge Robert M. Levy on 10/1/2021. (Marino, Janine)
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ORDER finding as moot #10 Motion for Default Judgment -- See docket entry #17 . Ordered by Judge Eric R. Komitee on 9/14/2021. (Guy, Alicia)
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| Filing 22 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Genrus Corp. has failed to appear or otherwise defend this action, the default of defendant Genrus Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 21 Request for Certificate of Default by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds (Attachments: #1 Declaration of Adrianna Grancio Esq. In Support, #2 Proposed Default Certificate) (Grancio, Adrianna) |
| Filing 20 SUMMONS Returned Executed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds, The Highway, Road and Street Construction Laborers Local Union 1010. Genrus Corp. served on 6/29/2021, answer due 7/20/2021. (Grancio, Adrianna) |
| Filing 19 Summons Issued as to Genrus Corp.. (Galeano, Sonia) |
| Filing 18 Proposed Summons. Re #17 Amended Complaint, by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds (Grancio, Adrianna) |
| Filing 17 AMENDED COMPLAINT against Genrus Corp., filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund. (Grancio, Adrianna) |
| Case Reassigned to Judge Eric R. Komitee. Judge Diane Gujarati 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) |
| Case Reassigned to Judge Diane Gujarati. Judge Eric R. Komitee 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 16 CERTIFICATE OF SERVICE by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds re #14 Affidavit in Support of Motion,, #12 Affidavit in Support of Motion,, #15 Memorandum in Support, #13 Affidavit in Support of Motion, #11 Affidavit in Support of Motion, #10 Notice of MOTION for Default Judgment (Grancio, Adrianna) |
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ORDER REFERRING MOTION: The Notice of MOTION for Default Judgment #10 filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds is respectfully referred to Magistrate Judge Robert M. Levy for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 11/5/2020. (Guy, Alicia)
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| Filing 15 MEMORANDUM in Support re #10 Notice of MOTION for Default Judgment filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Grancio, Adrianna) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION for Default Judgment of Adrianna Grancio filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Attachments: #1 Complaint, #2 Summons Returned Executed, #3 Certificate of Default, #4 History Bill, #5 Proposed Judgment) (Grancio, Adrianna) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION for Default Judgment of Katy Kabala filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Attachments: #1 Late Payment Interest) (Grancio, Adrianna) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION for Default Judgment of Joseph Montelle filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Attachments: #1 Trust Agreements, #2 Collection Policy, #3 Remittance Reports, #4 Calculations, #5 Interest Spreadsheet, #6 Liquidated Damages) (Grancio, Adrianna) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION for Default Judgment of Keith Loscalzo filed by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Attachments: #1 CBA 2018-2021) (Grancio, Adrianna) |
| Filing 10 Notice of MOTION for Default Judgment by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Grancio, Adrianna) |
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ORDER granting #9 Motion for Extension of Time to File -- The application is granted. No later than November 13, 2020, the plaintiffs must file a motion for default judgment or a notice of discontinuance, otherwise the Court will deem the plaintiffs to have abandoned the case against and will dismiss the case for failure to prosecute. Ordered by Judge Eric R. Komitee on 9/10/2020. (Guy, Alicia)
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| Filing 9 Letter MOTION for Extension of Time to File Motion for Default Judgment or Notice of Discontinuance by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds. (Grancio, Adrianna) |
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ORDER: A review of the docket entries in this action indicates that plaintiffs obtained an entry of default against defendant Genrus Corp. on August 6, 2020, yet the plaintiffs have not filed a motion for default judgment. No later than September 29, 2020, the plaintiffs must file a motion for default judgment, otherwise the Court will deem the plaintiffs to have abandoned the case against and will dismiss the case for failure to prosecute. Ordered by Judge Eric R. Komitee on 9/8/2020. (Guy, Alicia)
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| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Genrus Corp. has failed to appear or otherwise defend this action, the default of defendant Genrus Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 7 Request for Certificate of Default by The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds (Attachments: #1 Declaration in Support, #2 Proposed Default Certificate) (Grancio, Adrianna) |
| Filing 6 SUMMONS Returned Executed by Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, The Highway, Road and Street Construction Laborers Local Union 1010. Genrus Corp. served on 7/9/2020, answer due 7/30/2020. (Grancio, Adrianna) |
| 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 Genrus Corp.. (Bowens, Priscilla) |
| Filing 2 NOTICE of Appearance by Charles R. Virginia on behalf of The Highway, Road and Street Construction Laborers Local Union 1010, Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds (aty to be noticed) (Virginia, Charles) |
| Filing 1 COMPLAINT against Genrus Corp. filing fee $ 400, receipt number ANYEDC-12688983 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds, The Highway, Road and Street Construction Laborers Local Union 1010. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Grancio, Adrianna) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Robert M. Levy. 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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| Search for this case: Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds et al v. Genrus Corp. | |
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| Plaintiff: The Highway, Road and Street Construction Laborers Local Union 1010 | |
| Represented By: | Adrianna R Grancio |
| Represented By: | Charles R. Virginia |
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| Plaintiff: Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, and Skill Improvement and Safety Funds | |
| Represented By: | Adrianna R Grancio |
| Represented By: | Charles R. Virginia |
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| Plaintiff: Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds | |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund | |
| Represented By: | Adrianna R Grancio |
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| Defendant: Genrus Corp. | |
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