Bricklayers Insurance And Welfare Fund et al v. Blade Contracting Inc. et al
| Bricklayers Insurance And Welfare Fund, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, New York City and Long Island Joint Apprenticeship and Training Fund, International Masonry Institute, Jack Argila, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers and Bricklayers Labor Management Committee |
| Blade Contracting Inc. and Vincent Punzone |
| 1:2023cv08768 |
| November 29, 2023 |
| US District Court for the Eastern District of New York |
| Natasha C Merle |
| Vera M Scanlon |
| 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 January 24, 2024. A more recent docket listing may be available from PACER.
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ORDER: Plaintiffs shall respond to the defendants' letter requesting a pre-motion conference concerning a motion to dismiss, Docket Entry #10 , by January 31, 2024. Ordered by Judge Natasha C. Merle on 1/24/2024. (AG)
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| Case Reassigned to Judge Natasha C. Merle. Judge Frederic Block no longer assigned to the 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. (BBM) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled before J. Block on February 29, 2024 @ 3:30 pm is cancelled, because this case will be re-assigned to J. Merle for all purposes. J. Merle's chambers will address defendant's letter application #10 requesting a pre-motion conference. Upon receipt of this email counsel shall confirm with each other that this in person pre-motion conference is cancelled. Ordered by Judge Frederic Block on 1/22/2024. (MI)
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Filing 13
SCHEDULING ORDER: Defendants letter application #10 dated 1/5/24 is GRANTED. An in person pre motion conference is scheduled for February 29, 2024 @ 3:30PM . The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 1/16/2024. (MI)
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| Filing 12 Letter to Hon. Vera M. Scanlon from Joel A. Siegel, Esq. by Jack Argila, Bricklayers Insurance And Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, New York City and Long Island Joint Apprenticeship and Training Fund (Attachments: #1 Joint Proposed Case Management Plan) (Siegel, Joel) |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 2/29/2024 03:30 PM before Judge Frederic Block. (MI) |
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ORDER. Due to a conflict in the Court's calendar, the 1/18/2024 initial conference is rescheduled for 1/25/2024 at 12:30 PM before Magistrate Judge Vera M. Scanlon. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The 1/16/2024 CMP deadline set forth in the 1/8/2024 Order remains the same. Ordered by Magistrate Judge Vera M. Scanlon on 1/16/2024. (JR)
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Filing 11
ORDER. An Initial Conference is set for 1/18/2024 at 12:40 PM before Magistrate Judge Vera M. Scanlon. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties are to complete the attached Joint Proposed Case Management Plan and file it no later than 1/16/2024. Ordered by Magistrate Judge Vera M. Scanlon on 1/8/2024. (JR)
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| Filing 10 MOTION for pre motion conference re Terminate Motions (filed in error), by Blade Contracting Inc., Vincent Punzone. (Triolo, Priscilla) |
| Motions terminated, docketed incorrectly: Defendant's motion #9 to dismiss for failure to state a claim. PRIOR TO THE SERVING AND FILING OF ANY DISPOSITIVE MOTIONS, J. BLOCK REQUIRES A PRE-MOTION CONFERENCE. J. BLOCK'S MOTION RULES ARE LOCATED ON THE COURT'S WEBSITE . (MI) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by Blade Contracting Inc., Vincent Punzone. (Attachments: #1 Rule 56.1 Statement Statement of Undisputed Material Facts, #2 Certification of Counsel, #3 Exhibit Exhibit A (Complaint), #4 Exhibit Exhibit B (Email, 2.2.21), #5 Exhibit Exhibit C (Email, 3.10.21), #6 Exhibit Exhibit D (Email, 5.17.22), #7 Exhibit Exhibit E (Letter, 3.3.23), #8 Exhibit Exhibit F (Email, 5.22.23), #9 Certification of Lisa Martinez, #10 Exhibit Exhibit A (Check Payments), #11 Exhibit Exhibit B (Reconciliation Emails), #12 Exhibit Exhibit C (1.10.23 Request), #13 Exhibit Exhibit D (1.12.23 Response), #14 Exhibit Exhibit E (Email from Auditor), #15 Memorandum in Support, #16 Proposed Order) (Triolo, Priscilla) |
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ORDER granting consent #8 Motion for Extension of Time to Answer. Defendants are to answer or otherwise respond to the complaint on or before 1/4/2024. Ordered by Magistrate Judge Vera M. Scanlon on 12/20/2023. (JR)
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| Filing 8 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Blade Contracting Inc., Vincent Punzone. (Triolo, Priscilla) |
| Filing 7 NOTICE of Appearance by Priscilla J. Triolo on behalf of Blade Contracting Inc., Vincent Punzone (aty to be noticed) (Triolo, Priscilla) |
| Filing 6 SUMMONS Returned Executed by International Masonry Institute, Bricklayers Supplemental Annuity Fund, Jack Argila, Bricklayers Labor Management Committee, Bricklayers Pension Fund, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, Bricklayers Insurance And Welfare Fund, Bricklayers and Trowel Trades International Pension Fund, New York City and Long Island Joint Apprenticeship and Training Fund. Vincent Punzone served on 12/1/2023, answer due 12/25/2023. (Siegel, Joel) |
| Filing 5 SUMMONS Returned Executed by International Masonry Institute, Bricklayers Supplemental Annuity Fund, Jack Argila, Bricklayers Labor Management Committee, Bricklayers Pension Fund, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, Bricklayers Insurance And Welfare Fund, Bricklayers and Trowel Trades International Pension Fund, New York City and Long Island Joint Apprenticeship and Training Fund. Blade Contracting Inc. served on 12/1/2023, answer due 12/25/2023. (Siegel, Joel) |
| Filing 4 Summons Issued as to Blade Contracting Inc. and Vincent Punzone. (MI) |
| Filing 3 Proposed Summons. Re #1 Complaint,, by Bricklayers Insurance And Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, New York City and Long Island Joint Apprenticeship and Training Fund (Siegel, Joel) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Case Assigned to Judge Frederic Block 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. (AF) |
| Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17325616 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by International Masonry Institute, Bricklayers Supplemental Annuity Fund, Bricklayers Labor Management Committee, Bricklayers Pension Fund, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, Bricklayers Insurance And Welfare Fund, Bricklayers and Trowel Trades International Pension Fund, New York City and Long Island Joint Apprenticeship and Training Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Siegel, Joel) |
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