Trustees of the Local 7 Tile Industry Welfare Fund et al v. Jos. W. Curvino, Inc.
| Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Annuity Fund, Trustees of the Marble Industry Trust Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund and Trustees of the International Masonry Institute |
| Jos. W. Curvino, Inc. |
| 1:2023cv09600 |
| December 29, 2023 |
| US District Court for the Eastern District of New York |
| Vera M Scanlon |
| 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 February 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 CERTIFICATE OF SERVICE by Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the International Masonry Institute, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Marble Industry Annuity Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Trust Fund, Trustees of the Tile Layers Local Union 52 Pension Fund re Scheduling Order,,,,,, and the Docket Sheet as of February 16, 2024, upon Defendant, Jos. W. Curvino, Inc. (Grancio, Adrianna) |
SCHEDULING ORDER: A Default Conference is set for 3/19/2024 at 2:00 PM before Magistrate Judge Vera M. Scanlon via ZoomGov audio conference. To access 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. Although Defendant has not appeared in this case, it may participate in the conference. The parties should be prepared to discuss Plaintiff's request for a certificate of default at ECF No. #8 . Plaintiff should refrain from filing any motion for default judgment prior to the conference. Plaintiff has represented that that Defendant has been served with the complaint, which is the document that states Plaintiff's claims against Defendant. See ECF No. #1 . Because Defendant has not responded to this lawsuit by answering the complaint or moving to dismiss it, the Court may award damages against Defendant and in favor of Plaintiff should Plaintiff move for a default judgment, for which Defendant would be liable. If Defendant does not participate in the lawsuit now, it would likely waive its right to raise factual or legal defenses that it may have to Plaintiff's claims. Plaintiff is directed to mail a copy of this Order and the docket sheet to Defendant at Defendant's last known mailing address and file proof of service on the docket by 3/1/2024.Ordered by Magistrate Judge Vera M. Scanlon on 2/16/2024. (GS)
|
| Filing 8 Request for Certificate of Default by Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the International Masonry Institute, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Marble Industry Annuity Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Trust Fund, Trustees of the Tile Layers Local Union 52 Pension Fund (Attachments: #1 Declaration of Adrianna R. Grancio in Support, #2 Proposed Default Certificate) (Grancio, Adrianna) |
| Filing 7 STATUS REPORT pursuant to the Court's Order dated February 13, 2024 by Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the International Masonry Institute, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Marble Industry Annuity Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Trust Fund, Trustees of the Tile Layers Local Union 52 Pension Fund (Grancio, Adrianna) |
|
ORDER. Plaintiffs are directed to file a status report by 2/23/2024. Ordered by Magistrate Judge Vera M. Scanlon on 2/13/2024. (GS)
|
| Filing 6 SUMMONS Returned Executed by Trustees of the Marble Industry Trust Fund, Trustees of the Tile Layers Local Union 52 Pension Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the International Masonry Institute, Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Annuity Fund. Jos. W. Curvino, Inc. served on 1/5/2024, answer due 1/26/2024. (Grancio, Adrianna) |
| Filing 5 AFFIDAVIT of Service for Summons (Dkt. No. 4), Complaint (Dkt. No. 1), and a Litigation Hold Notice served on Defendant, Jos. W. Curvino, Inc. on January 9, 2024, filed by Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the International Masonry Institute, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Marble Industry Annuity Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Trust Fund, Trustees of the Tile Layers Local Union 52 Pension Fund. (Grancio, Adrianna) |
| Filing 4 Summons Issued as to Jos. W. Curvino, Inc.. (CV) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Filing 1 COMPLAINT against Jos. W. Curvino, Inc. filing fee $ 405, receipt number ANYEDC-17417094 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the Marble Industry Trust Fund, Trustees of the Tile Layers Local Union 52 Pension Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the International Masonry Institute, Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Marble Industry Pension Fund, Trustees of the Marble Industry Annuity Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Grancio, Adrianna) |
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.
