Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute et al v. RB Restoration Inc. et al
| Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute and Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds |
| RB Restoration Inc., Midtown Terrazzo, Interior Restoration Incorporated, JM Restoration Inc. and Hudson Terrazzo Inc. |
| 1:2023cv05636 |
| July 26, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #9 and remanding case to Supreme Court of the State of New York, County of Queens, Index no. 714424/2023. Defendant's opposition to plaintiff's opposition to remand is non-responsive. All the opposition does is argue the merits of the case, when the issue raised by the motion was whether the case was properly removed. Plaintiff has demonstrated that this is a breach of contract claim on a settlement agreement, not an ERISA claim. Defendant points to no provision of ERISA that the Court needs to apply or interpret to determine whether defendant has met its payment obligation to plaintiffs. Thus, there is no federal subject matter jurisdiction and thus no basis for removal.In addition, defendant's counsel requests that the Court reconsider the monetary sanctions ordered against him based on law office failure. The Court reduces the sanctions to $500, payable to plaintiff's counsel within 7 days, for having filed a palpably improper notice of removal. Ordered by Judge Brian M. Cogan on 8/16/2023. (PW)
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| Filing 12 Letter MOTION for Leave to File Document /reply to Defendants' opposition to Plaintiffs' motion to remand by Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute, Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds. (Grancio, Adrianna) |
| Filing 11 RESPONSE in Opposition re #9 Letter MOTION for pre motion conference in anticipation of Plaintiffs' Motion to Remand this matter to the Supreme Court of New York, Queens County Richard J. Abrahamsen, Esq. filed by Hudson Terrazzo Inc., Interior Restoration Incorporated, JM Restoration Inc., Midtown Terrazzo, RB Restoration Inc.. (Attachments: #1 Affidavit Def Affidavit, #2 Exhibit A State of NJ Affidavit of Confession, #3 Exhibit B Ltr correp with payments and its attachments, #4 Exhibit C Def Additional Payment) (Abrahamsen, Richard) |
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ORDER Imposing Sanctions. Defense counsel failed to respond to the Court's Order to Show Cause. He has not disputed making a false statement to this Court. He is therefore sanctioned in the amount of $1000, payable to the Clerk of Court within 7 days, with proof of payment filed in this action, failing which further sanctions, including dismissal or disqualification from the bar of this Court, may be imposed. Ordered by Judge Brian M. Cogan on 8/15/2023. (PW)
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| Filing 10 Letter MOTION to Adjourn Conference currently scheduled for August 17, 2023 at 5:30 p.m. by Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute, Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds. (Grancio, Adrianna) |
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ORDER granting #10 . Initial Status Conference adjourned to 8/23/2023 at 12:00 noon at which time oral argument on the motion will be held by video. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 8/11/2023. (PW)
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| Filing 9 Letter MOTION for pre motion conference in anticipation of Plaintiffs' Motion to Remand this matter to the Supreme Court of New York, Queens County by Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute, Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds. (Grancio, Adrianna) |
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ORDER TO SHOW CAUSE. Defense counsel is ordered to show cause by 8/14/2023 why he should not be disqualified or why monetary sanctions should not be imposed for his misrepresenting to the Court that plaintiffs had consented to reassign this case to a magistrate judge, thereby unnecessarily causing the Court and plaintiffs to expend resources to straighten it out. Ordered by Judge Brian M. Cogan on 8/9/2023. (PW)
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ORDER denying #9 as unnecessary. The premotion conference is waived. This motion is deemed to constitute plaintiffs' motion to remand on the ground stated. Defendants' opposition to the motion due 8/16/2023. Ordered by Judge Brian M. Cogan on 8/9/2023. (PW)
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ORDER: The #8 Motion to Reassign Case to the District Judge is granted. The Clerk of Court is respectfully directed to reassign the case to District Judge Brian M. Cogan and remove Magistrate Judge Peggy Kuo for all further proceedings. Ordered by Magistrate Judge Peggy Kuo on 8/9/2023. (RO)
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| Filing 8 Letter MOTION to Reassign Case to the District Judge since Plaintiffs did not and do not consent to this matter being assigned to a Magistrate Judge by Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute, Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds. (Grancio, Adrianna) |
| Filing 7 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Judge Brian M. Cogan no longer assigned to case 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. (RG) |
| Filing 6 CONSENT to Jurisdiction by US Magistrate Judge by Hudson Terrazzo Inc., Interior Restoration Incorporated, JM Restoration Inc., Midtown Terrazzo, RB Restoration Inc.. (Abrahamsen, Richard) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 8/17/2023 at 5:30 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 820925314#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 7/27/2023. (PW)
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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. (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 Proposed Summons.Civil Cover Sheet.. Re #1 Notice of Removal, by Hudson Terrazzo Inc., Interior Restoration Incorporated, JM Restoration Inc., Midtown Terrazzo, RB Restoration Inc. (Attachments: #1 Proposed Summons) (Abrahamsen, Richard) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit the completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (KD) |
| Case Assigned to Judge Brian M. Cogan. 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 NOTICE OF REMOVAL by Hudson Terrazzo Inc., Interior Restoration Incorporated, JM Restoration Inc., Midtown Terrazzo, RB Restoration Inc. from supreme ct of state of ny county of queens, case number 714424/2023. ( Filing fee $ 402 receipt number ANYEDC-16930971) (Abrahamsen, Richard) |
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| Search for this case: Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute et al v. RB Restoration Inc. et al | |
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| Plaintiff: Trustees Of The Mosaic And Terrazzo Welfare Funds And Trustees Of The Bricklayers And Trowel Trades International Pension Fund And Trustees Of The Interanational Masonry Institute | |
| Represented By: | Adrianna R Grancio |
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| Plaintiff: Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds | |
| Represented By: | Adrianna R Grancio |
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| Defendant: RB Restoration Inc. | |
| Represented By: | Richard J. Abrahamsen |
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| Defendant: Midtown Terrazzo | |
| Represented By: | Richard J. Abrahamsen |
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| Defendant: Interior Restoration Incorporated | |
| Represented By: | Richard J. Abrahamsen |
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| Defendant: JM Restoration Inc. | |
| Represented By: | Richard J. Abrahamsen |
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| Defendant: Hudson Terrazzo Inc. | |
| Represented By: | Richard J. Abrahamsen |
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