United Plant and Production Workers Local 175 Pension Fund v. J. Pizzirusso Landscaping Corp.
| United Plant and Production Workers Local 175 Pension Fund, by James Kilkenny in his capacity as Trustee and United Plant and Production Workers Local 175 Pension Fund |
| J. Pizzirusso Landscaping Corp. |
| 1:2020cv02527 |
| June 5, 2020 |
| US District Court for the Eastern District of New York |
| Raymond J Dearie |
| 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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| Document Text |
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| Minute Entry for proceeding held before Judge Raymond J. Dearie: Case called for Telephonic Status Conference on 7/30/2020. Appearances: Jennifer Smith for plaintiff. Lyle Zuckerman for defendant. Discussion held. (Proceeding not recorded by Courtreporter) (Mulqueen, Ellen) |
| Filing 15 REPLY in Support re #6 Notice of MOTION for Preliminary Injunction for Stay of Arbitration filed by United Plant and Production Workers Local 175 Pension Fund. (Attachments: #1 Exhibit N (AAA Answering Statement), #2 Exhibit O (October 2018 Estimate), #3 Exhibit P (Request for Review of October 2018 Estimate), #4 Exhibit Q (Cover Email to AAA Demand), #5 Memorandum in Support) (Smith, Jennifer) |
| Filing 14 AFFIDAVIT/AFFIRMATION re #6 Notice of MOTION for Preliminary Injunction by United Plant and Production Workers Local 175 Pension Fund (Smith, Jennifer) |
| Filing 13 AFFIDAVIT/AFFIRMATION re #6 Notice of MOTION for Preliminary Injunction by United Plant and Production Workers Local 175 Pension Fund (Smith, Jennifer) |
ELECTRONIC SCHEDULING ORDER: Counsel are advised that a Telephonic Status Conference is scheduled for 7/30/2020 at 12:30pm. TOLL FREE DIAL IN NUMBER: 571-353-2300. ACCESS CODE: 934666753. So Ordered by Judge Raymond J. Dearie on 7/23/2020. (Mulqueen, Ellen)
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| Filing 12 AFFIDAVIT of Service for Affidavit of Service served on J. Pizzirusso Landscaping Corp. on July 9, 2020, filed by United Plant and Production Workers Local 175 Pension Fund. (Smith, Jennifer) |
| Filing 11 Letter MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss by J. Pizzirusso Landscaping Corp.. (Zuckerman, Lyle) |
| Filing 10 MOTION to Dismiss by J. Pizzirusso Landscaping Corp.. (Attachments: #1 Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Stay Arbitration and in Support of its Motion to Dismiss the Complaint, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O) (Zuckerman, Lyle) |
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ELECTRONIC ORDER re #6 Notice of Motion for Preliminary Injunction filed by United Plant and Production Workers Local 175 Pension Fund. Court sets following briefing schedule: Counsel for defendant, Lyle S. Zuckerman, shall electronically file a response to plaintiff's Preliminary Injunction Motion not later than 3:00pm on July 21, 2020; plaintiff's reply, if any, due July 27, 2020, to be electronically filed not later than 3:00pm. So Ordered by Judge Raymond J. Dearie on 7/8/2020. (Mulqueen, Ellen)
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| Filing 9 ANSWER to #1 Complaint, by J. Pizzirusso Landscaping Corp.. (Zuckerman, Lyle) |
| Filing 8 Corporate Disclosure Statement by J. Pizzirusso Landscaping Corp. (Zuckerman, Lyle) |
| Filing 7 NOTICE of Appearance by Lyle S. Zuckerman on behalf of J. Pizzirusso Landscaping Corp. (aty to be noticed) (Zuckerman, Lyle) |
| Filing 6 Notice of MOTION for Preliminary Injunction by United Plant and Production Workers Local 175 Pension Fund. (Attachments: #1 Declaration of James Kilkenny, #2 Declaration of Jennifer S. Smith, Esq., #3 Exhibit A - Complaint, #4 Exhibit B - Notice and Demand for Payment of Partial Withdrawal Liability, #5 Exhibit C - Employer Request for Review, #6 Exhibit D - Email Dated December 2, 2019, #7 Exhibit E - Fund Response to Request for Review, #8 Exhibit F - CMRR Receipt, #9 Exhibit G - Email Dated December 6, 2019, #10 Exhibit H - Email Dated November-December 2019, #11 Exhibit I - Email Dated January 2, 2020, #12 Exhibit J - Email Dated January 7, 2020, #13 Exhibit K - Letter Dated February 27, 2020, #14 Exhibit L - Letter Dated February 27, 2020, #15 Exhibit M - 60-Day Notice, #16 Memorandum in Support of Motion for Preliminary Injunction) (Smith, Jennifer) |
| Filing 5 AFFIDAVIT/AFFIRMATION of Service by United Plant and Production Workers Local 175 Pension Fund (Smith, Jennifer) |
| 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 J. Pizzirusso Landscaping Corp.. (Bowens, Priscilla) |
| Case Assigned to Judge Raymond J. Dearie and Chief Magistrate 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) |
| Filing 1 COMPLAINT against J. Pizzirusso Landscaping Corp. filing fee $ 400, receipt number ANYEDC-12890097 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by United Plant and Production Workers Local 175 Pension Fund, by James Kilkenny in his capacity as Trustee. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Smith, Jennifer) |
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| Defendant: J. Pizzirusso Landscaping Corp. | |
| Represented By: | Lyle S. Zuckerman |
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| Plaintiff: United Plant and Production Workers Local 175 Pension Fund, by James Kilkenny in his capacity as Trustee | |
| Represented By: | Jennifer Suzanne Smith |
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| Plaintiff: United Plant and Production Workers Local 175 Pension Fund | |
| Represented By: | Jennifer Suzanne Smith |
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