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. Danella Construction of NY, 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 |
| Danella Construction of NY, Inc. |
| 1:2020cv05141 |
| October 26, 2020 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Sanket J Bulsara |
| 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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| Document Text |
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| Filing 19 First MOTION for Extension of Time to File Answer by Danella Construction of NY, Inc.. (Ryan, Paul) |
ORDER: Defendant Danella Construction of NY, Inc. shall file a letter by 12/30/2020 confirming that it joins the arguments raised by Plaintiffs in their brief #16 dated 12/18/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/23/2020. (Altreuter, Sylvia)
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| Filing 18 NOTICE of Appearance by Paul G. Ryan on behalf of Danella Construction of NY, Inc. (aty to be noticed) (Ryan, Paul) |
| Filing 17 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 Order, (Steinberg, James) |
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ORDER: Ruling is reserved on Plaintiffs' motion to vacate #16 until Defendant appears in this action. Plaintiffs shall provide a copy of this order to Defendant and file proof of service on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/20/2020. (Altreuter, Sylvia)
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| Filing 16 Letter MOTION to Vacate #8 Clerk's Entry of Default, and withdraw motion for default judgment 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 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 Danella Construction of NY, Inc., #14 Memorandum in Support, #10 Affidavit in Support of Motion, #13 Affidavit in Support of Motion,, #7 Request for Certificate of Default, #11 Affidavit in Support of Motion, #8 Clerk's Entry of Default, served upon Defendant Danella Construction of NY, Inc. via Express Mail Delivery on December 4, 2020. (Steinberg, James) |
| Filing 14 MEMORANDUM in Support re #9 Notice of MOTION for Default Judgment against Defendant Danella Construction of NY, 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 Danella Construction of NY, 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) (Steinberg, James) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Danella Construction of NY, 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. (Attachments: #1 Exhibit A) (Steinberg, James) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Danella Construction of NY, 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 Danella Construction of NY, 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 Danella Construction of NY, 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) |
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ORDER REFERRING MOTION: The Court respectfully refers Plaintiffs' #9 MOTION for Default Judgment against Defendant Danella Construction of NY, Inc. to Magistrate Judge Bulsara for a report and recommendation. Ordered by Judge Margo K. Brodie on 12/4/2020. (Carrero, Jacquellena)
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| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Danella Construction of NY, Inc. has failed to appear or otherwise defend this action, the default of defendant Danella Construction of NY, 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 of Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
| Filing 6 CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d). The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3). An Arbitration Hearing will be scheduled after an Answer is filed. The hearing will occur approximately 120 days after filing of the Answer. (Credle, Rita) |
| 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. Danella Construction of NY, Inc. served on 11/3/2020, answer due 11/24/2020. (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 Danella Construction of NY, Inc.. (Bowens, Priscilla) |
| Case Assigned to Judge Margo K. Brodie 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) |
| Filing 1 COMPLAINT against Danella Construction of NY, Inc. filing fee $ 400, receipt number ANYEDC-13584675 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: Danella Construction of NY, Inc. | |
| Represented By: | Paul G. Ryan |
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