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. Linear Contracting, 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 |
| Linear Contracting, Inc. |
| 1:2022cv06734 |
| November 4, 2022 |
| US District Court for the Eastern District of New York |
| Ramon E Reyes |
| Eric N Vitaliano |
| 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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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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Filing 18
NOTICE OF VOLUNTARY DISMISSAL: Pursuant to F.R.C.P. 41(a)(1)(A)(i), this action is hereby voluntarily dismissed against defendant Linear Contracting, Inc. SO Ordered by Judge Eric N. Vitaliano on 12/21/2022. (JT)
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| Filing 17 STATUS REPORT and Request to Withdraw Default Judgment Motion 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 16 NOTICE of Voluntary Dismissal 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) |
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ORDER withdrawing #9 Motion for Default Judgment. (See DKT. No. #17 ) Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/2022. (MV)
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ORDER REFERRING MOTION: Plaintiff's #9 Motion for Default Judgment is respectfully referred to Magistrate Judge Ramon E. Reyes, Jr. for a report and recommendation as to his findings. Ordered by Judge Eric N. Vitaliano on 12/16/2022. (EK)
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| Filing 15 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 #8 Clerk's Entry of Default, #7 Request for Certificate of Default, #12 Affidavit in Support of Motion, #14 Memorandum in Support, #11 Affidavit in Support of Motion, #13 Affidavit in Support of Motion,, #9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, Inc., #10 Affidavit in Support of Motion, served upon Defendant via express mail delivery on December 15, 2022. (Steinberg, James) |
| Filing 14 MEMORANDUM in Support re #9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, 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 13 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, 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, #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 12 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, Inc. (Affidavit of L. Madeiras) 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 11 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, 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 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, Inc. (Affidavit of E. Christian) 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 9 Notice of MOTION for Default Judgment against Defendant Linear Contracting, 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 Statement of Damages) (Steinberg, James) |
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Linear Contracting, Inc. has failed to appear or otherwise defend this action, the default of defendant Linear Contracting, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 7 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 of Certificate of Default, #2 Proposed Certificate of Default) (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. Linear Contracting, Inc. served on 11/15/2022, answer due 12/6/2022. (Steinberg, James) |
| Filing 5 NOTICE DESIGNATING CASE TO ARBITRATION: This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule 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. An Arbitration Hearing will be scheduled after an Answer is filed (RC) |
| CASE REFERRED to Arbitration. (RC) |
| Filing 4 Summons Issued as to Linear Contracting, Inc.. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Ramon E. Reyes, Jr. 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. (KD) |
| Filing 1 COMPLAINT against Linear Contracting, Inc. filing fee $ 402, receipt number ANYEDC-16110203 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) |
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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: Linear Contracting, Inc. | |
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