Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds et al v. Bedford Landscape Contractors, LLC et al
| Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds and The Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund |
| Bedford Landscape Contractors, LLC and Hudson Insurance Company |
| 1:2023cv00118 |
| January 9, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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ORDER. A Settlement Conference is set for 4/12/2023 at 2:30 PM in person in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel and parties with full settlement authority are required to participate. On or before 4/5/2023, counsel are to send the parties' ex parte settlement conference letters via email to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 3/3/2023. (JR)
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| Filing 17 CERTIFICATE OF SERVICE by The 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 re Order,,,,, upon Defendant, Bedford Landscape Contractors, LLC (Grancio, Adrianna) |
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Filing 16
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #11 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 2/28/2023. (BH)
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| Filing 15 First MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by Hudson Insurance Company. (Rosmarin, Seth) |
| Filing 14 NOTICE of Appearance by Seth David Rosmarin on behalf of Hudson Insurance Company (aty to be noticed) (Rosmarin, Seth) |
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ORDER: Plaintiffs served a copy of their complaint and a summons on Defendant Bedford Landscape Contractors, LLC on January 10, 2023, via the New York Secretary of State, See ECF No. #6 . On February 9, 2023, Plaintiffs sent the summons and complaint by mail to Defendant's last known business address and to an email address that Plaintiffs believe that Defendant uses. See ECF No. #10 . Defendant Bedford Landscape Contractors, LLC has not entered an appearance, filed an answer, or otherwise responded to Plaintiffs' complaint, and its time to respond to Plaintiffs' complaint has expired.Plaintiffs shall request a certificate of default from the Clerk of Court with respect to Defendant Bedford Landscape Contractors, LLC on or before March 14, 2023, pursuant to Rule 55(a), if Defendant has not appeared as of that date. If any representative of Defendant Bedford Landscape Contractors, LLC has contacted Plaintiffs' counsel since Plaintiffs' complaint was filed, Plaintiffs shall inform that person of this order as soon as reasonably possible and shall do so in writing if possible. Plaintiffs shall also send a copy of this order, as soon as reasonably possible, to the email address associated with Defendant Bedford Landscape Contractors, LLC that Plaintiffs used to send Defendant a courtesy copy of the summons and complaint. Ordered by Judge Hector Gonzalez on 2/28/2023. (BH)
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ORDER: Defendant Hudson Insurance Company shall file an answer or otherwise respond to Plaintiffs' complaint on or before March 14, 2023, as agreed by Defendant and Plaintiffs in their stipulation. See ECF No. #15 . Ordered by Judge Hector Gonzalez on 2/28/2023. (BH)
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ORDER: In response to the parties' proposed case management plan requesting a settlement conference, see ECF No. #11 , the Court respectfully refers this case, for settlement purposes only, to Magistrate Judge Scanlon to conduct a settlement conference on a date agreed upon with Judge Scanlon.The parties must diligently pursue their discovery obligations concurrently with their settlement efforts, in accordance with the deadlines in the Court's scheduling order, see ECF No. #16 . The Court will not extend the current deadline for fact discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing settlement negotiations will not by itself constitute good cause. Ordered by Judge Hector Gonzalez on 2/28/2023. (BH)
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| Filing 13 CERTIFICATE OF SERVICE by The 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 re #11 Proposed Scheduling Order, #12 Letter, upon Defendant, Bedford Landscape Contractors, LLC (Grancio, Adrianna) |
| Filing 12 Letter detailing the instant action pursuant to your Honors January 12, 2023 Order by The 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 (Grancio, Adrianna) |
| Filing 11 Proposed Scheduling Order and case management plan by The 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 (Grancio, Adrianna) |
| Filing 10 AFFIDAVIT of Service for Complaint (Dkt. No. 1), Summons (Dkt. No. 5), and Affidavit of Service of the Summons and Complaint on Bedford Landscape Contractors, LLC (Dkt. No. 6) served on Defendant, Bedford Landscape Contractors, LLC on February 9, 2023, filed by The 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. (Grancio, Adrianna) |
| Filing 9 SUMMONS Returned Executed by Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds, The Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund. Hudson Insurance Company served on 1/17/2023, answer due 2/7/2023. (Grancio, Adrianna) |
| Filing 8 CERTIFICATE OF SERVICE by The 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 re #7 Scheduling Order, upon Defendants, Bedford Landscape Contractors, LLC and Hudson Insurance Company (Grancio, Adrianna) |
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Filing 7
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by February 27, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/12/2023. (BH)
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| Filing 6 SUMMONS Returned Executed by Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds, The Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund. Bedford Landscape Contractors, LLC served on 1/10/2023, answer due 1/31/2023. (Grancio, Adrianna) |
| Filing 5 Summons Issued as to Bedford Landscape Contractors, LLC, Hudson Insurance Company. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 2 NOTICE of Appearance by Charles R. Virginia on behalf of The 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 (aty to be noticed) (Virginia, Charles) |
| Filing 1 COMPLAINT against Bedford Landscape Contractors, LLC, Hudson Insurance Company filing fee $ 402, receipt number ANYEDC-16289019 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds, The Trustees of the Local 1010 Apprenticeship, Skill Improvement, and Training Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Grancio, Adrianna) |
| Case Assigned to Judge Hector Gonzalez. 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) |
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| Plaintiff: Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds | |
| Represented By: | Adrianna R Grancio |
| Represented By: | Charles R. Virginia |
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| Plaintiff: The 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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| Defendant: Bedford Landscape Contractors, LLC | |
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| Defendant: Hudson Insurance Company | |
| Represented By: | Seth David Rosmarin |
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