The Board of Trustees of the Local 810 Affiliated Pension Fund v. Joseph Eletto Transfer, Inc.
| The Board of Trustees of the Local 810 Affiliated Pension Fund |
| Joseph Eletto Transfer, Inc. |
| 1:2023cv01616 |
| March 2, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Dora Lizette Irizarry |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Request for Certificate of Default by The Board of Trustees of the Local 810 Affiliated Pension Fund (Torres, Mark) |
| Filing 6 CERTIFICATE OF SERVICE by The Board of Trustees of the Local 810 Affiliated Pension Fund Status Report and Electronic Order (Torres, Mark) |
ORDER re #5 Plaintiff's Status Report --- As Plaintiff notes in its status report, Defendant's answer to the complaint was due March 24, 2023 and yet, to date, Plaintiff has done nothing to prosecute this case, except to file a status report and then only did so pursuant to an order issued by the presiding magistrate judge. See. Status Report Order of April 10, 2023. Moreover, the status report is silent as to when Plaintiff intends to move for default judgment awaiting "the court's guidance." It is not up to the Court to instruct parties as to how to litigate their cases. Attorneys are presumed to be familiar with the Federal Rules of Civil Procedure, the Court's Individual Rules and the Local Rules.As an initial matter, Plaintiff must request that the Clerk of the Court enter a notation of default against defendant BY NO LATER THAN MAY 1, 2023. Within 14 days of the entry of notation of default, Plaintiff shall file its motion for default judgment with proper documentation. This Court's individual rules do not require a party to seek leave of the Court before filing a default judgment motion. If Plaintiff had reviewed this Court's Rules, it would have known that.Finally, it appears that Plaintiff did not serve its status report on defendant. Plaintiff must serve Defendant, which has not appeared in this case, with all Court orders and Plaintiff's filings as a continuing obligation. It should not be necessary for the Court to direct Plaintiff to do so. Accordingly, Plaintiff is directed to serve Defendant with a copy of its Status Report and this Electronic Order BY NO LATER THAN APRIL 21, 2023. Failure to comply with Court orders may be met with sanctions. SO ORDERED by Judge Dora Lizette Irizarry on 4/19/2023. (Irizarry, Dora)
|
| Filing 5 STATUS REPORT regarding next intended steps by by The Board of Trustees of the Local 810 Affiliated Pension Fund (Torres, Mark) |
|
STATUS REPORT ORDER: Plaintiff shall file a status report regarding its intended next steps by 04/28/2023. So Ordered by Magistrate Judge Marcia M. Henry on 04/10/2023. (JD)
|
| Filing 4 SUMMONS Returned Executed by The Board of Trustees of the Local 810 Affiliated Pension Fund. Joseph Eletto Transfer, Inc. served on 3/3/2023, answer due 3/24/2023. (Torres, Mark) |
| 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 Summons Issued as to Joseph Eletto Transfer, Inc.. (KD) |
| Filing 1 COMPLAINT against Joseph Eletto Transfer, Inc., filed by The Board of Trustees of the Local 810 Affiliated Pension Fund. (Attachments: #1 Civil Cover Sheet) (KD) |
| FILING FEE: $ 402.00, receipt number 100005218 (KD) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: The Board of Trustees of the Local 810 Affiliated Pension Fund v. Joseph Eletto Transfer, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: The Board of Trustees of the Local 810 Affiliated Pension Fund | |
| Represented By: | Mark Anthony Torres |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Joseph Eletto Transfer, Inc. | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
