The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO et al v. Hylan Datacom & Electrical LLC
| International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers and The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO |
| Hylan Datacom & Electrical LLC |
| 1:2020cv04971 |
| October 16, 2020 |
| U.S. District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Allyne R Ross |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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ORDER: The motion for extension of time to answer #8 is denied. First, as a general matter, a corporation may only appear in federal court through counsel, not pro se. "It has uniformly been held by the Second Circuit and all of the other circuits that the provisions of 28 U.S.C. 1654 prohibit a non-attorney individual from representing a corporation in the federal courts." Batac Dev. Corp. v. B&R Consultants, Inc., No. 98-CV-721, 2000 WL 307400, at *1 (S.D.N.Y. Mar. 23, 2000) (footnote omitted). While the stipulation here was signed by in-house counsel, namely Mark Mickiewicz, who could appear on behalf of Defendant, Mickiewicz is not admitted in the Eastern District of New York. Therefore, Mickiewicz cannot make an appearance or file joint motions in this Court absent admission to the bar of this Court or pro hac vice admission for the purposes of this case. Second, the parties seek to extend the deadline to answer after the time to do so has passed. The Clerk of Court entered a certificate of default #7 as to the Defendant on 11/24/2020. To file an answer, Defendant must file a motion that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993), its default must be vacated and a belated answer is permissible. The motion does not address the Enron Oil factors and therefore the requested relief cannot be granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/12/2020. (Altreuter, Sylvia)
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| Filing 8 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Stipulation to be so ordered) (Steinberg, James) |
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ORDER: In light of the entry of default #7 , Plaintiffs shall file any motions for default judgment by 1/25/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/25/2020. (Altreuter, Sylvia)
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| Filing 7 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Hylan Datacom & Electrical LLC has failed to appear or otherwise defend this action, the default of defendant Hylan Datacom & Electrical LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 6 Request for Certificate of Default by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO (Attachments: #1 Declaration in Support of Request of Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
| Filing 5 SUMMONS Returned Executed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers. Hylan Datacom & Electrical LLC served on 10/27/2020, answer due 11/17/2020. (Steinberg, James) |
| 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 Hylan Datacom & Electrical LLC. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Hylan Datacom & Electrical LLC filing fee $ 400, receipt number ANYEDC-13534868 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Steinberg, James) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Sanket J. Bulsara. 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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| Defendant: Hylan Datacom & Electrical LLC | |
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| Plaintiff: International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: Central Pension Fund of the International Union of Operating Engineers | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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