UFCW Local 174 Pension Fund v. Orazio & Sons Meats, Inc. et al
| UFCW Local 174 Pension Fund |
| Orazio & Sons Meats, Inc., XYZ Corporations 1-10 and John and Jane Does 1-10 |
| 1:2023cv06806 |
| September 13, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Eric N Vitaliano |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: Defendant Orazio & Sons Meats, Inc. filed an answer #11 to the Complaint #1 on 10/26/2023. Defendant's answer was due on 10/18/2023. (See Summons Returned Executed, Dkt. No. 7). Because it seeks to extend the time to answer after the time to do so has passed, Defendant must file a motion by 11/13/2023 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 10/27/2023. (AL)
|
| REQUEST for Certificate of Default is denied at this time. It appears from the docket that Defendant Orazio & Sons Meats, Inc. has appeared and filed an Answer. re #9 Request for Certificate of Default, (JP) |
| Filing 11 Defendant's ANSWER to Complaint by Orazio & Sons Meats, Inc.. (Brown, Robert) |
| Filing 10 NOTICE of Appearance by Robert Edward Brown on behalf of Orazio & Sons Meats, Inc. (aty to be noticed) (Brown, Robert) |
| Filing 9 Request for Certificate of Default by UFCW Local 174 Pension Fund (Attachments: #1 Affidavit in Support Michael S. Adler's Affidavit in Support of Request for Clerk's Certificate of Entry of Default, #2 Proposed Clerk's Certificate of Default, #3 Certificate of Service Certificate of Service) (Adler, Michael) |
|
Filing 8
SCHEDULING ORDER: A telephonic initial conference will be held at 12:30 P.M. on 12/22/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Plaintiff is directed to notify defendants of the scheduling order at the time defendants make an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 12/20/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/23/2023. (EM)
|
| Filing 7 SUMMONS Returned Executed by UFCW Local 174 Pension Fund. Orazio & Sons Meats, Inc. served on 9/27/2023, answer due 10/18/2023. (Adler, Michael) |
| Filing 6 Summons Issued as to Orazio & Sons Meats, Inc. (JT) |
| Filing 5 Proposed Summons. Re #1 Complaint, by UFCW Local 174 Pension Fund (Adler, Michael) |
| 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) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara. 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) |
| Your proposed summons was not issued for one of the following reasons: No name and address on the Plaintiffs attorney name and addresses section. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 2 Corporate Disclosure Statement by UFCW Local 174 Pension Fund (Adler, Michael) |
| Filing 1 COMPLAINT against John and Jane Does 1-10, Orazio & Sons Meats, Inc., XYZ Corporations 1-10 filing fee $ 402, receipt number ANYEDC-17080871 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by UFCW Local 174 Pension Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Adler, Michael) |
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
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.
