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. New York City Land Surveyors, P.C.
| 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 and International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO |
| New York City Land Surveyors, P.C. |
| 1:2022cv03658 |
| June 21, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Taryn A Merkl |
| 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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ORDER: The Court is in receipt of Plaintiffs' Status Report #16 indicating that a corporate representative of Defendant has contacted Plaintiffs' counsel and submitted additional documentation relating to the underlying audit. As a result, Plaintiffs now withdraw the pending motion for default judgment #9 without prejudice to renew in the event that this matter is not resolved within 60 days. In light of these developments, Plaintiffs' motion is terminated without prejudice to renew, and the parties are respectfully directed to file a status letter on or before 10/14/2022, advising the Court as to the progress of the audit and settlement discussions. The telephonic motion hearing scheduled on 9/15/2022 at 2:00 p.m. before Magistrate Judge Taryn A. Merkl is hereby adjourned sine die. Plaintiffs' counsel is respectfully directed to serve a copy of this order on Defendants, including the corporate representative they are in contact with, as soon as practicable. Ordered by Magistrate Judge Taryn A. Merkl on 8/17/2022. (Cahn, Gabriel)
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| Filing 16 STATUS REPORT to Magistrate Judge Merkl with request to withdraw pending default judgment motion by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, 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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Filing 15
SCHEDULING ORDER: A telephonic Motion Hearing will take place on 9/15/2022 at 2:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Although Defendant has not previously appeared, Defendant may participate in the conference. Counsel and the parties should be prepared to discuss Plaintiffs' pending motion for default judgment #9 .The Clerk of the Court is respectfully requested to mail a copy of this Order, the attached Notice to Defendant, and the full docket to: (1) New York City Land Surveyors, P.C., 63 Montgomery Avenue, Staten Island, NY 10301; and (2) New York City Land Surveyor, P.C., c/o Patrick Jones, 200 Radcliff Rd., Staten Island, NY 10305. Ordered by Magistrate Judge Taryn A. Merkl on 8/11/2022. (Cahn, Gabriel)
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ORDER RESPECTFULLY REFERRING MOTION: #9 Notice of MOTION for Default Judgment against Defendant New York City Land Surveyors, P.C. 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, Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, respectfully referred to Magistrate Judge Taryn A. Merkl. Ordered by Judge Ann M. Donnelly on 8/1/2022. Motion respectfully referred to Taryn A. Merkl. (Greene, Donna)
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| Filing 14 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, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #13 Memorandum in Support, #10 Affidavit in Support of Motion,, #7 Request for Certificate of Default, #11 Affidavit in Support of Motion,, #12 Affidavit in Support of Motion,, #8 Clerk's Entry of Default, #9 Notice of MOTION for Default Judgment against Defendant New York City Land Surveyors, P.C. served upon Defendant New York City Land Surveyors, P.C. via express mail delivery on July 27, 2022. (Steinberg, James) |
| Filing 13 MEMORANDUM in Support re #9 Notice of MOTION for Default Judgment against Defendant New York City Land Surveyors, P.C. filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, 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 12 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant New York City Land Surveyors, P.C. (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, 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, #10 Exhibit J, #11 Exhibit K) (Steinberg, James) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant New York City Land Surveyors, P.C. (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, 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 New York City Land Surveyors, P.C. (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, 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 New York City Land Surveyors, P.C. by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, 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 New York City Land Surveyors, P.C. has failed to appear or otherwise defend this action, the default of defendant New York City Land Surveyors, P.C. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| 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, 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) |
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STATUS REPORT ORDER: The parties are respectfully directed to file a status report on or before 8/10/2022, advising the Court as to the progress of the case. Ordered by Magistrate Judge Taryn A. Merkl on 7/20/2022. (Cahn, Gabriel)
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| Filing 6 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, Central Pension Fund of the International Union of Operating Engineers. New York City Land Surveyors, P.C. served on 6/28/2022, answer due 7/19/2022. (Steinberg, James) |
| Filing 5 NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) which 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). (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 4 Summons Issued as to New York City Land Surveyors, P.C.. (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) |
| Filing 1 COMPLAINT against New York City Land Surveyors, P.C. filing fee $ 402, receipt number ANYEDC-15678285 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, Central Pension Fund of the International Union of Operating Engineers. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Steinberg, James) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Taryn A. Merkl. 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) |
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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 Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Defendant: New York City Land Surveyors, P.C. | |
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