Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund et al v. Lavin Inc. et al
| Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund and Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds |
| Lavin Inc. and TDI Construction Inc. |
| 1:2022cv01023 |
| February 25, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Marcia M Henry |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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| Filing 17 CERTIFICATE OF SERVICE by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds re #11 Affidavit in Support of Motion, #13 Affidavit in Support of Motion,, #15 Affidavit in Support of Motion,,, #12 Affidavit in Support of Motion,, #10 MOTION for Default Judgment , #16 Memorandum in Support, #14 Affidavit in Support of Motion, (Grancio, Adrianna) |
| Filing 16 MEMORANDUM in Support re #10 MOTION for Default Judgment filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Grancio, Adrianna) |
| Filing 15 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Default Judgment of Adrianna Grancio, Esq. filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Exhibit L- Complaint, #2 Exhibit M- Affidavit of Service- Lavin, #3 Exhibit N- Affidavit of Service- TDI, #4 Exhibit O- Certificate of Default- Lavin, #5 Exhibit P- Certificate of Default- TDI, #6 Exhibit Q- History Bill for the Court, #7 Exhibit R- Service Invoice, #8 Exhibit S - Proposed Judgment) (Grancio, Adrianna) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Default Judgment of Robert Castiglia filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Exhibit K- 2017-19 Audit) (Grancio, Adrianna) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Default Judgment of Philip Wilson filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Exhibit H- Discrepancy Report, #2 Exhibit I- No Reports Report, #3 Exhibit J- Interest Report) (Grancio, Adrianna) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Default Judgment of Joseph Montelle filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Exhibit B- Trust Agreements, #2 Exhibit C- Collection Policy Signed 4-12-2018, #3 Exhibit D- Remittance Reports, #4 Exhibit E- Monthly Average Wksht, #5 Exhibit F-Audit Interest and Liquidated Damage Calculations, #6 Exhibit G- May 2018 through February 2022 Interest and Liquidated Damage Calculations) (Grancio, Adrianna) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Default Judgment of Keith Loscalzo filed by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Exhibit A- Lavin CBA 2017-2020) (Grancio, Adrianna) |
| Filing 10 MOTION for Default Judgment by Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Grancio, Adrianna) |
| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Lavin Inc., TDI Construction Inc. has failed to appear or otherwise defend this action, the default of defendant Lavin Inc., TDI Construction 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 Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds (Attachments: #1 Affirmation of Adrianna Grancio in support of Certificate, #2 Proposed Default Certificate-Lavin, #3 Proposed Default Certificate-TDI) (Grancio, Adrianna) |
| Filing 7 SUMMONS Returned Executed by Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. TDI Construction Inc. served on 2/28/2022, answer due 3/21/2022. (Grancio, Adrianna) |
| Filing 6 SUMMONS Returned Executed by Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. Lavin Inc. served on 2/28/2022, answer due 3/21/2022. (Grancio, Adrianna) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to Lavin Inc., TDI Construction Inc.. (Bowens, Priscilla) |
| Filing 2 NOTICE of Appearance by Charles R. Virginia on behalf of Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds (aty to be noticed) (Virginia, Charles) |
| Filing 1 COMPLAINT against Lavin Inc., TDI Construction Inc. filing fee $ 402, receipt number ANYEDC-15323183 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund, Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund, Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Grancio, Adrianna) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Marcia M. Henry. 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: Trustees of the Pavers District Council Apprenticeship, Skill Improvement and Training Fund | |
| Represented By: | Charles R. Virginia |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund | |
| Represented By: | Charles R. Virginia |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds | |
| Represented By: | Charles R. Virginia |
| Represented By: | Adrianna R Grancio |
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| Defendant: Lavin Inc. | |
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| Defendant: TDI Construction Inc. | |
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