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. Danella Construction of NY, Inc.
| International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, 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 |
| Danella Construction of NY, Inc. |
| 1:2020cv05142 |
| October 26, 2020 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Roanne L Mann |
| 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 18 MOTION for Extension of Time to File Answer by Danella Construction of NY, Inc.. (Ryan, Paul) |
ORDER granting #18 Motion for Extension of Time to Answer, on consent. Danella Construction of NY, Inc.'s answer is due February 12, 2021. Ordered by Magistrate Judge Roanne L. Mann on 12/23/2020. (GM)
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| Filing 17 NOTICE of Appearance by Paul G. Ryan on behalf of Danella Construction of NY, Inc. (aty to be noticed) (Ryan, Paul) |
| Filing 16 Letter MOTION to Vacate #8 Clerk's Entry of Default, and withdraw motion for default judgment by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
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ELECTRONIC ORDER granting #16 Motion to Vacate Clerk's Entry of Default, and withdraw motion for default judgment. The parties' joint request to vacate the entry of default (DE #8) and to withdraw the motion for default judgment (DE #9) is granted. Ordered by Magistrate Judge Roanne L. Mann on 12/18/2020. (Proujansky, Josh)
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ORDER REFERRING MOTION: Plaintiffs' #9 Motion for Default Judgment is respectfully referred to the Honorable Roanne L. Mann for a report and recommendation. Ordered by Judge Pamela K. Chen on 12/9/2020. (Nguyen, Andrew)
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| Filing 15 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #14 Memorandum in Support,, #8 Clerk's Entry of Default, #10 Affidavit in Support of Motion,, #12 Affidavit in Support of Motion,, #11 Affidavit in Support of Motion,, #9 Notice of MOTION for Default Judgment against Defendant Danella Construction of NY, Inc., #7 Request for Certificate of Default,, #13 Affidavit in Support of Motion,,, served upon Defendant Danella Construction of NY, Inc. via Express Mail Service on December 8, 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 Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, 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 Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, 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 Exhibit A, #2 Exhibit B, #3 Exhibit C1, #4 Exhibit C2, #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 L. Madeiras) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (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 C. Chase) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, 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 T. Callahan) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 9 Notice of MOTION for Default Judgment against Defendant Danella Construction of NY, Inc. by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers National Training Fund, 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 Statement of Damages) (Steinberg, James) |
| 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.) |
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ORDER: Plaintiffs are directed to file a motion for default judgment by February 5, 2021. Ordered by Judge Pamela K. Chen on 12/7/2020. (Nguyen, Andrew)
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| Filing 7 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, International Union of Operating Engineers National Training Fund, 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 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, 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, International Union of Operating Engineers National Training Fund, Central Pension Fund of the International Union of Operating Engineers. Danella Construction of NY, Inc. served on 11/3/2020, answer due 11/24/2020. (Steinberg, James) |
| Filing 4 Summons Issued as to Danella Construction of NY, Inc.. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Roanne L. Mann. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Danella Construction of NY, Inc. filing fee $ 400, receipt number ANYEDC-13584790 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, International Union of Operating Engineers National Training Fund, Central Pension Fund of the International Union of Operating Engineers. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Steinberg, James) |
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| Defendant: Danella Construction of NY, Inc. | |
| Represented By: | Paul G. Ryan |
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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: International Union of Operating Engineers National Training Fund | |
| 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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