Restrepo v. Westchester County Electric, Inc.
| Humberto Restrepo |
| Westchester County Electric, Inc. |
| 1:2024cv01457 |
| February 27, 2024 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Joseph A Marutollo |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 12 CERTIFICATE OF SERVICE by Humberto Restrepo re Terminate Deadlines and Hearings, Scheduling Order upon Respondent, Westchester County Electric, Inc., and last known counsel for Respondent (Grancio, Adrianna) |
ORDER: In light of the stay imposed pursuant to 11 U.S.C. 362, the Initial Conference scheduled for May 16, 2024 is ADJOURNED sine die. Ordered by Magistrate Judge Joseph A. Marutollo on 4/16/2024. (LCPL)
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| Filing 11 SUMMONS Returned Executed by Humberto Restrepo. Westchester County Electric, Inc. served on 2/29/2024, answer due 3/21/2024. (Grancio, Adrianna) |
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Filing 10
AFFIDAVIT of Service for Petition to Confirm an Arbitration Award with Exhibits A through L (Dkt. No. 1), Memorandum of Law in Support of Petition to Confirm Arbitration Award (Dkt. No. 4), Summons (Dkt. No. 7), Scheduling Order issued by Magistrate Judge Marutollo on February 27, 2024, with attachment (Dkt. No. 8), Petitioner's Letter re Stay of Action dated February 28, 2024, with Exhibit A (Dkt. No. 9), and the Order Staying Case issued by Judge Chen on February 29, 2024 served on Respondent, Westchester County Electric, Inc., and last known counsel for Respondent Westchester County Electric, Inc. on February 29, 2024, filed by Humberto Restrepo. (Grancio, Adrianna)
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ORDER STAYING CASE: The Court is in receipt of Plaintiff's #9 letter noting that Defendant Westchester County Electric, Inc. filed a Chapter 7 bankruptcy action in the United States Bankruptcy Court for the Southern District of New York. Therefore, pursuant to 11 U.S.C. 362, the case is stayed during the pendency of Defendant's bankruptcy action. Plaintiff is directed to file a status report every 90 days advising the Court whether the case should remain stayed in light of the bankruptcy proceedings. Plaintiff's next status report is due 5/29/2024. Within 7 days of the closure of the bankruptcy action, Plaintiff shall file a status report apprising the Court of the date the bankruptcy action was resolved. Plaintiff's deadline to serve Defendants will then be set for 90 days after that date.Ordered by Judge Pamela K. Chen on 2/29/2024. (KW)
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| Filing 9 Letter re: stay of action as to Respondent Westchester County Electric, Inc. due to bankruptcy by Humberto Restrepo (Attachments: #1 Exhibit A - Notice of Commencement) (Grancio, Adrianna) |
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Filing 8
SCHEDULING ORDER: An in-person initial conference will be held on May 16, 2024 at 10:30 a.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than May 11, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 2/27/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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| Filing 7 Summons Issued as to Westchester County Electric, Inc.. (AF) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 5 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) |
| Filing 4 MEMORANDUM in Support re #1 Petition re: Arbitration Award,, filed by Humberto Restrepo. (Grancio, Adrianna) |
| Filing 3 Proposed Summons. Re #1 Petition re: Arbitration Award,, by Humberto Restrepo (Grancio, Adrianna) |
| Filing 2 Civil Cover Sheet.. Re #1 Petition re: Arbitration Award,, by Humberto Restrepo (Grancio, Adrianna) |
| Filing 1 PETITION re: Arbitration Award , filed by Humberto Restrepo. (Attachments: #1 Exhibit A- Letter of Assent, #2 Exhibit B- 2014-2017 CBA, #3 Exhibit C- 2021-2023 CBA, #4 Exhibit D- 2023 Paid Invoices, #5 Exhibit E- Collection Policy w Amendment, #6 Exhibit F- Arbitration Procedures, #7 Exhibit G- Notice of Intent to Arbitrate and Statement of Claims, #8 Exhibit H- Memorandum of Law, #9 Exhibit I- Breakdown of Contributions, #10 Exhibit J- January 12, 2024 Award, #11 Exhibit K- Award Balance Summary, #12 Exhibit L- History Bill for the Court) (Grancio, Adrianna) |
| CIVIL CASE FILING FEE: $ 405, receipt number ANYEDC-17608491 (Grancio, Adrianna) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Joseph A. Marutollo. 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) |
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| Petitioner: Humberto Restrepo | |
| Represented By: | Adrianna R Grancio |
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| Respondent: Westchester County Electric, Inc. | |
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