Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan et al v. Yuen Ling Enterprises, Inc.
| Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan, Trustees of the United Association National Pension Fund and Trustees of the International Training Fund |
| Yuen Ling Enterprises, Inc. |
| 1:2021cv04847 |
| August 27, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Peggy Kuo |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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ORDER: The Court so-orders the deadline proposed by Plaintiff of November 11, 2021 to file their motion for default judgment. Plaintiffs are directed to Local Civil Rules 7.1 and 55.2. Plaintiffs are reminded that it remains Plaintiffs' burden to demonstrate the well-pleaded allegations in the Complaint and establish Defendant's liability on each asserted cause of action. Plaintiffs also bears the burden of presenting proof of damages, which may take the form of documentary evidence and detailed affidavits. Ordered by Magistrate Judge Peggy Kuo on 10/15/2021. (O'Neil-Berven, Ryan)
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| Filing 10 STATUS REPORT by Trustees of the International Training Fund, Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan, Trustees of the United Association National Pension Fund (Grancio, Adrianna) |
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ORDER: The Clerk of Court entered Defendant's default on September 28, 2021. By October 21, 2021, Plaintiffs are directed to file a status update indicating how they intend to proceed. If they intend to move for a default judgment, the status update should indicate the date by which the motion will be filed. Ordered by Magistrate Judge Peggy Kuo on 10/14/2021. (O'Neil-Berven, Ryan)
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| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Yuen Ling Enterprises, Inc. has failed to appear or otherwise defend this action, the default of defendant Yuen Ling Enterprises, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 8 Request for Certificate of Default by Trustees of the International Training Fund, Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan, Trustees of the United Association National Pension Fund (Attachments: #1 Declaration of Adrianna Grancio Esq. In Support, #2 Proposed Default Certificate) (Grancio, Adrianna) |
| Filing 7 SUMMONS Returned Executed by Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan, Trustees of the International Training Fund, Trustees of the United Association National Pension Fund. Yuen Ling Enterprises, Inc. served on 9/2/2021, answer due 9/23/2021. (Grancio, Adrianna) |
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on November 30, 2021 at 11:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By November 23, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 8/30/2021. (O'Neil-Berven, Ryan)
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| Filing 5 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. (Neptune, Pierre) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 3 Summons Issued as to Yuen Ling Enterprises, Inc. (Neptune, Pierre) |
| Filing 2 NOTICE of Appearance by Charles R. Virginia on behalf of Trustees of the International Training Fund, Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan, Trustees of the United Association National Pension Fund (aty to be noticed) (Virginia, Charles) |
| Filing 1 COMPLAINT against Yuen Ling Enterprises, Inc. filing fee $ 402, receipt number ANYEDC-14790664 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan, Trustees of the International Training Fund, Trustees of the United Association National Pension Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Grancio, Adrianna) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Peggy Kuo. 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. (Neptune, Pierre) |
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| Plaintiff: Trustees of the Plumbers Local Union No. 1 Welfare Fund, Vacation & Holiday Fund, Trade Education Fund, and 401(K) Savings Plan | |
| Represented By: | Charles R. Virginia |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: Trustees of the United Association National Pension Fund | |
| Represented By: | Charles R. Virginia |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: Trustees of the International Training Fund | |
| Represented By: | Charles R. Virginia |
| Represented By: | Adrianna R Grancio |
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| Defendant: Yuen Ling Enterprises, Inc. | |
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