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. Benchmark Line & Grade, Inc.
| The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers National Training Fund and International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO |
| Benchmark Line & Grade, Inc. |
| 1:2021cv04121 |
| July 22, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Robert M Levy |
| 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 12 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 #7 Clerk's Entry of Default, #6 Request for Certificate of Default,, #8 Notice of MOTION for Default Judgment against Defendant Benchmark Line & Grade, Inc., #9 Affidavit in Support of Motion,, #10 Affidavit in Support of Motion,,, #11 Memorandum in Support,, served upon Defendant via U.S. Postal Service on September 8, 2021. (Steinberg, James) |
| Filing 11 MEMORANDUM in Support re #8 Notice of MOTION for Default Judgment against Defendant Benchmark Line & Grade, 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 10 AFFIDAVIT/DECLARATION in Support re #8 Notice of MOTION for Default Judgment against Defendant Benchmark Line & Grade, 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 C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Steinberg, James) |
| Filing 9 AFFIDAVIT/DECLARATION in Support re #8 Notice of MOTION for Default Judgment against Defendant Benchmark Line & Grade, 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 8 Notice of MOTION for Default Judgment against Defendant Benchmark Line & Grade, 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 Proposed Default Judgment, #2 Statement of Damages) (Steinberg, James) |
ORDER REFERRING MOTION: #8 Motion for Default Judgment. The motion is hereby respectfully referred to Magistrate Judge Robert M. Levy for a report and recommendation. Ordered by Chief Judge Margo K. Brodie on 9/8/2021. (Carrero, Jacquellena)
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| Filing 7 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Benchmark Line & Grade, Inc. has failed to appear or otherwise defend this action, the default of defendant Benchmark Line & Grade, Inc. 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, 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 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. Benchmark Line & Grade, Inc. served on 8/3/2021, answer due 8/24/2021. (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 Benchmark Line & Grade, Inc.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Benchmark Line & Grade, Inc. filing fee $ 402, receipt number ANYEDC-14682545 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) |
| Case Assigned to Chief Judge Margo K. Brodie 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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| 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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| Plaintiff: Central Pension Fund of the International Union of Operating Engineers | |
| 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: International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Defendant: Benchmark Line & Grade, Inc. | |
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