The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO v. All Area Properties LLC
| The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO |
| All Area Properties LLC |
| 1:2023cv02729 |
| April 12, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Vera M Scanlon |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated. (KA) |
| Filing 9 NOTICE of Voluntary Dismissal by The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO (Attachments: #1 Cover Letter to Judge Gujarati) (Steinberg, James) |
| Filing 8 CERTIFICATE OF SERVICE by The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO re #5 Scheduling Order,,,, (Steinberg, James) |
| Filing 7 SUMMONS Returned Executed by The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO. All Area Properties LLC served on 4/24/2023, answer due 5/15/2023. (Steinberg, James) |
| Filing 6 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). (RC) |
| CASE REFERRED to Arbitration. (RC) |
Filing 5
SCHEDULING ORDER: An In-Person Initial Conference is scheduled for 8/9/2023 at 4:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 7/25/2023. In the event that Defendant has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for Defendant and file proof on ECF by the CMP filing date. As to any LLC, the Court further directs such party to file a disclosure statement under Federal Rule of Civil Procedure 7.1 within 30 days of appearing in this action. The disclosure statement should identify all of the members and their respective citizenship. See Barnes v. Fort Hamilton Family Homes, 524 F. Supp. 3d 40, 42 (E.D.N.Y. 2021) ("For diversity purposes, LLCs have the imputed citizenship of each of their members."). Ordered by Magistrate Judge Vera M. Scanlon on 4/17/2023. (MG)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| Filing 1 COMPLAINT against All Area Properties LLC filing fee $ 402, receipt number ANYEDC-16591785 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Steinberg, James) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Vera M. Scanlon. 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. (SR) |
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| Plaintiff: The Annuity and Health & Welfare Funds of the United Food & Commercial Workers Local 2013, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Defendant: All Area Properties LLC | |
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