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. Cole Partners, Inc.
| The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO and Central Pension Fund of the International Union of Operating Engineers |
| Cole Partners, Inc. |
| 1:2024cv03099 |
| April 25, 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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Filing 20
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 7/1/2023 at 12:30 pm. 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 6/17/2024. (PW)
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Filing 19
ORDER granting #18 MOTION for Extension of Time to File Answer re #1 Complaint ; answer extended up to and including 7/5/2024. #11 Motion for Default Judgment is withdrawn. ( Ordered by Judge Brian M. Cogan on 6/17/2024 ) (RG)
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| Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint,, and to withdraw pending default judgment motion 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 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 #13 Affidavit in Support of Motion, #11 Notice of MOTION for Default Judgment against Cole Partners, Inc., #16 Memorandum in Support, #15 Affidavit in Support of Motion,, #14 Affidavit in Support of Motion, #12 Affidavit in Support of Motion,, Mailed out via Fedex Express 6/10/2024 (Steinberg, James) |
| Filing 16 MEMORANDUM in Support re #11 Notice of MOTION for Default Judgment against Cole Partners, Inc. 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 15 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against Cole Partners, Inc. Affidavit of Lisa Madeiras 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) (Steinberg, James) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against Cole Partners, Inc. 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 13 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against Cole Partners, Inc. Affidavit of Thomas A. Callahan 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 Cole Partners, Inc. Declaration of James M. Steinbergn 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, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L) (Steinberg, James) |
| Filing 11 Notice of MOTION for Default Judgment against Cole Partners, Inc. 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 Statement of Damages, #2 Proposed Default Judgement) (Steinberg, James) |
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ORDER re: #10 . Plaintiffs are ORDERED to move for default judgment, including detailed proof of damages, by 6/19/2024. The Initial Status Conference set for 6/17/2024 is adjourned without date. Ordered by Judge Brian M. Cogan on 6/5/2024. (PW)
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| Filing 10 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Cole Partners, Inc. has failed to appear or otherwise defend this action, the default of defendant Cole Partners, Inc. 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 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, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO. Cole Partners, Inc. served on 5/8/2024, answer due 5/29/2024. (Steinberg, James) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 6/17/2024 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 4/30/2024. (PW)
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| Filing 6 Summons Issued as to Cole Partners, Inc.. (RG) |
| Filing 5 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 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summon with the name and addresses of all defendants included. The full case caption must appear on the heading of the rider. Do not submit Propose Summons for each defendant) Please correct and resubmit using Proposed Summons/Civil Cover Sheet.. (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 Cole Partners, Inc. filing fee $ 405, receipt number ANYEDC-17808822 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by 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, 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: 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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| Defendant: Cole Partners, Inc. | |
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