Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds et al v. Site Fencing, Inc.
| 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 |
| Site Fencing, Inc. |
| 1:2023cv02680 |
| April 10, 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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This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 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 #19 Clerk's Entry of Default, Scheduling Order,,,, upon Defendant, Site Fencing, Inc. (Grancio, Adrianna) |
ORDER: Plaintiffs shall file a motion on or before June 26, 2023, seeking the entry of a default judgment against Defendant. Plaintiffs need not follow the process of filing a pre-motion letter required by Section IV.A of the Court's Individual Practices. In addition to the service requirements of the Federal Rules of Civil Procedure, Plaintiffs shall attempt to send, as soon as reasonably possible, this order and the Clerk of Court's certificate of default directly to either Defendant or one of Defendant's attorneys, employees, or other representatives. Plaintiffs shall serve the default judgment papers in the same manner as soon as reasonably possible upon filing the motion for default judgment.Within two business days of Plaintiffs filing a motion for default judgment, Plaintiffs shall file a declaration by Plaintiffs' counsel or other knowledgeable person describing Plaintiffs' compliance with the service obligations in this order. For the avoidance of doubt, Plaintiffs may not satisfy the service obligations in this order only by serving the documents described herein on the New York Secretary of State. Ordered by Judge Hector Gonzalez on 5/27/2023. (BH)
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| Filing 19 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Site Fencing, Inc. has failed to appear or otherwise defend this action, the default of defendant Site Fencing, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 18 Request for Certificate of Default 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 (Attachments: #1 Declaration of Adrianna R. Grancio in Support, #2 Proposed Default Certificate) (Grancio, Adrianna) |
| 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 #16 Proposed Scheduling Order, #15 Letter, upon Defendant, Site Fencing, Inc. (Grancio, Adrianna) |
| Filing 16 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 15 Letter describing the case, pursuant to the April 12, 2023 Scheduling 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 14 Summons Returned Unexecuted 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 as to Site Fencing, Inc.. (Grancio, Adrianna) |
| Filing 13 Summons Returned Unexecuted 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 as to Site Fencing, Inc.. (Grancio, Adrianna) |
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ORDER: Plaintiffs have timely submitted a proposed case management plan, as required by the Court's scheduling order. See ECF No. #16 . Defendant has not, however, joined that proposal because, despite having been served with Plaintiffs' complaint and a summons, Defendant has not entered an appearance, filed an answer, or otherwise responded to Plaintiffs' complaint. In light of Defendant's failure to appear, the Court declines at this time to adopt Plaintiffs' proposed case management plan.Since Defendant's time to respond to Plaintiffs' complaint has expired, Plaintiffs shall request a certificate of default from the Clerk of Court on May 24, 2023, pursuant to Rule 55(a), if Defendant has not appeared as of that date. If any representative of Defendant 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. Ordered by Judge Hector Gonzalez on 5/17/2023. (BH)
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| Filing 12 Summons Returned Unexecuted 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 as to Site Fencing, Inc.. (Grancio, Adrianna) |
| Filing 11 Summons Returned Unexecuted 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 as to Site Fencing, Inc.. (Grancio, Adrianna) |
| Filing 10 Letter detailing Plaintiffs efforts to serve the summons and complaint on Defendant Site Fencing, Inc., pursuant to the Order dated April 11, 2023 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 (Attachments: #1 Exhibit A- Service Request to Gotham, #2 Exhibit B- April 12 Certified Mail Tracking, #3 Exhibit C- Request for Affidavit of Due Dilligence, #4 Exhibit D- April 27 Certified Mail Tracking, #5 Exhibit E- Google Image 11-13 Sylvester Ave) (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. Site Fencing, Inc. served on 4/27/2023, answer due 5/18/2023. (Grancio, Adrianna) |
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Filing 8
AFFIDAVIT of Service for Complaint (Dkt. No. 1), Summons (Dkt. No. 4), and Scheduling Order issued by Judge Gonzalez on April 12, 2023 (Dkt. No. 6) with accompanying docket text served on Defendant, Site Fencing, Inc. on April 27, 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)
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| Filing 7 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 #6 Scheduling Order,,,, upon Defendant, Site Fencing, Inc. (Grancio, Adrianna) |
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Filing 6
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 May 17, 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. Plaintiffs' counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 4/12/2023. (BH)
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| Filing 5 AFFIDAVIT of Service for Complaint (Dkt. No. 1) and Summons (Dkt. No. 4) served on Defendant, Site Fencing, Inc. on April 12, 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 4 Summons Issued as to Site Fencing, 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 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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ORDER: Plaintiffs shall file a letter no longer than three pages on or before May 1, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 4/11/2023. (BH)
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| Filing 1 COMPLAINT against Site Fencing, Inc. filing fee $ 402, receipt number ANYEDC-16585584 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) |
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| Plaintiff: Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds | |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: The Trustees of the Local 1010 Apprenticeship, Skill Improvement and Training Fund | |
| Represented By: | Adrianna R Grancio |
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| Defendant: Site Fencing, Inc. | |
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