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. Tyrek Heights Erectors, 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 |
| Tyrek Heights Erectors, Inc. |
| 1:2022cv00753 |
| February 10, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| 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 14 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 #13 Memorandum in Support, #12 Affidavit in Support of Motion,, #10 Notice of MOTION for Default Judgment against Defendant Tyrek Heights Erectors, Inc., #11 Affidavit in Support of Motion, #8 Request for Certificate of Default, #9 Clerk's Entry of Default, served upon Defendant Tyrek Heights Erectors, Inc. via express mail delivery service on March 24, 2022. (Steinberg, James) |
| Filing 13 MEMORANDUM in Support re #10 Notice of MOTION for Default Judgment against Defendant Tyrek Heights Erectors, 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 12 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION for Default Judgment against Defendant Tyrek Heights Erectors, 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) (Steinberg, James) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION for Default Judgment against Defendant Tyrek Heights Erectors, 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 10 Notice of MOTION for Default Judgment against Defendant Tyrek Heights Erectors, 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 Proposed Default Judgment, #2 Statement of Damages) (Steinberg, James) |
| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Tyrek Heights Erectors, Inc. has failed to appear or otherwise defend this action, the default of defendant Tyrek Heights Erectors, 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 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 for Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
| Filing 7 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 #5 Scheduling Order,,,,,, served upon Defendant Tyrek Heights Erectors, Inc. via U.S. First Class Mail on March 7, 2022. (Steinberg, James) |
| Filing 6 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. Tyrek Heights Erectors, Inc. served on 2/23/2022, answer due 3/16/2022. (Steinberg, James) |
Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on May 19, 2022 at 10:00 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 May 13, 2022, 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 2/11/2022. (O'Neil-Berven, Ryan)
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| 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 Tyrek Heights Erectors, Inc.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Tyrek Heights Erectors, Inc. filing fee $ 402, receipt number ANYEDC-15277993 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) |
| Case Assigned to Judge LaShann DeArcy Hall 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. (Bowens, Priscilla) |
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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: Tyrek Heights Erectors, Inc. | |
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