The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO et al v. PCM Contracting Corp.
| The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers and International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO |
| PCM Contracting Corp. |
| 1:2024cv01278 |
| February 20, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Fun |
| None |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #12 Affidavit in Support of Motion,, #13 Affidavit in Support of Motion, #11 Notice of MOTION for Default Judgment Against PCM Contracting Corp., #14 Memorandum in Support, via Fedex Express 4/5/2024 (Steinberg, James) |
| Filing 16 Letter MOTION to Adjourn Conference sine die due to filed motion for a default judgment by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 15 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #12 Affidavit in Support of Motion,, #13 Affidavit in Support of Motion, #11 Notice of MOTION for Default Judgment Against PCM Contracting Corp., #14 Memorandum in Support, Mailed out via Fedex Express 4/5/2024 (Steinberg, James) |
| Filing 14 MEMORANDUM in Support re #11 Notice of MOTION for Default Judgment Against PCM Contracting Corp. filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment Against PCM Contracting Corp. Affidavit of Catherine Chase filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment Against PCM Contracting Corp. Declaration in Support by James M. Steinberg filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Steinberg, James) |
| Filing 11 Notice of MOTION for Default Judgment Against PCM Contracting Corp. by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Proposed Default Judgement, #2 Statement of Damages) (Steinberg, James) |
ORDER granting #16 . Initial Status Conference set for 4/12/2024 is adjourned sine die. Ordered by Judge Brian M. Cogan on 4/5/2024. (PW)
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| Filing 10 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant PCM Contracting Corp. has failed to appear or otherwise defend this action, the default of defendant PCM Contracting Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 9 Request for Certificate of Default by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO (Attachments: #1 Declaration in Support of Request for Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
| Filing 8 SUMMONS Returned Executed by International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. PCM Contracting Corp. served on 2/29/2024, answer due 3/21/2024. (Steinberg, James) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/12/2024 at 11:30 am. The parties are directed to call 571-353-2301 and enter Meeting ID 020454116#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 2/28/2024. (PW)
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| Case no longer referred to Magistrate Judge Taryn A. Merkl. (PW) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Eric N. Vitaliano 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.Ordered by Chief Judge Margo K. Brodie on 2/27/2024. (CV)
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| Filing 6 Summons Issued as to PCM Contracting Corp.. (CV) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 4 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 (CV) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint,, by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO (Steinberg, James) |
| Filing 2 Proposed Summons. Re #1 Complaint,, by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO (Steinberg, James) |
| Filing 1 COMPLAINT against PCM Contracting Corp. filing fee $ 405, receipt number ANYEDC-17585661 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
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| Plaintiff: The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: Central Pension Fund of the International Union of Operating Engineers | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Defendant: PCM Contracting Corp. | |
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