The United States of America, for the use and benefit of Level Supply, LLC v. Michael Anthony Contracting, Corp. et al
Plaintiff: The United States of America, for the use and benefit of Level Supply, LLC and LVLST Capital I, L.L.C.
Defendant: Michael Anthony Contracting, Corp., Peace Officers John Doe 1 through 5, QBE Insurance Corp., Howard Feinstein, John Doe 6 through 10 and Feinstein Iron Works, Inc.
Cross-Defendant: Michael Anthony Contracting, Corp.
Cross-Complainant: Feinstein Iron Works, Inc. and Howard Feinstein
Case Number: 1:2024cv05895
Filed: August 22, 2024
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2024 Filing 17 Letter re: Miller Act jurisdiction by Michael Anthony Contracting, Corp., QBE Insurance Corp. (Rabinowitz, Michael)
October 15, 2024 Filing 16 Letter to the Court by The United States of America, for the use and benefit of Level Supply, LLC (Sheats, Edward)
October 15, 2024 Opinion or Order ORDER re: #16 Letter. Counsel is advised that in any future filings with the Court, counsel must include in the ECF subject line a brief description of the subject of any filing, in this case, "Letter re: Miller Act jurisdiction", not simply "Letter", so that the docket remains intelligible. Do not refile. Ordered by Judge Brian M. Cogan on 10/15/2024. (PW)
October 10, 2024 Filing 15 ANSWER to #1 Complaint,, , CROSSCLAIM against Michael Anthony Contracting, Corp. by Howard Feinstein, Feinstein Iron Works, Inc.. (Kraslow, Richard)
October 7, 2024 Minute Entry and Order for Initial Status Conference held on 10/07/2024 before Judge Brian M. Cogan. Counsel for plaintiff and defendants Michael Anthony Contracting, Corp. and QBE Insurance Corp appeared telephonically. Plaintiff is ORDERED to request entry of default by the Clerk against defendants Feinstein Iron Works, Inc., and Howard Feinstein by 10/25/2024. Plaintiff shall file a letter explaining why the Court has jurisdiction of this case under the Miller Act by 10/14/2024; defendants may file a response by 10/21/2024. (PW)
October 4, 2024 Filing 14 Letter to Court by The United States of America, for the use and benefit of Level Supply, LLC (Sheats, Edward)
October 4, 2024 Opinion or Order ORDER denying #14 . First, since this filing requests relief from the Court, it should have been designated as a motion on ECF. Second, even a letter must designate its subject matter in the ECF entry line so the docket remains intelligible. Third, the conference is going forward because this letter tells the Court nothing about the case and the role of the appearing and non-appearing defendants. Fourth, the Court does not wait for parties to answer to hold the initial conference because "[i]n truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). If plaintiff wants to adjourn this conference, it may renew its motion appropriately. Ordered by Judge Brian M. Cogan on 10/4/2024. (PW)
September 23, 2024 Filing 13 NOTICE of Appearance by Daniel Rabinowitz on behalf of Michael Anthony Contracting, Corp., QBE Insurance Corp. (aty to be noticed) (Rabinowitz, Daniel)
September 23, 2024 Filing 12 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Michael Anthony Contracting, Corp., QBE Insurance Corp.. (Rabinowitz, Michael)
September 23, 2024 Filing 11 NOTICE of Appearance by Michael Marc Rabinowitz on behalf of Michael Anthony Contracting, Corp., QBE Insurance Corp. (aty to be noticed) (Rabinowitz, Michael)
September 23, 2024 Opinion or Order ORDER TO ANSWER. Defendants QBE Insurance Corp. and Michael Anthony Contracting, Corp.'s time to answer is extended to 10/23/2024. However, this extension will not affect the parties' obligations to be prepared for and to comply with the Court's #6 Scheduling Order setting an Initial Status Conference which shall go forward as scheduled on 10/7/2024. Ordered by Judge Brian M. Cogan on 9/23/2024. (PW)
September 16, 2024 Filing 10 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint,, #3 Summons Issued, #2 Proposed Summons/Civil Cover Sheet QBE Ins. Corp. Acknowledgement filed by The United States of America, for the use and benefit of Level Supply, LLC. (Sheats, Edward)
September 16, 2024 Filing 9 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint,, #3 Summons Issued, #2 Proposed Summons/Civil Cover Sheet QBE Insurance Corp. Acknowledgement filed by The United States of America, for the use and benefit of Level Supply, LLC. (Sheats, Edward)
September 16, 2024 Filing 8 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint,, #3 Summons Issued, #2 Proposed Summons/Civil Cover Sheet Feinstein Iron Works, Inc. Acknowledgement filed by The United States of America, for the use and benefit of Level Supply, LLC. (Sheats, Edward)
September 16, 2024 Filing 7 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint,, #3 Summons Issued, #2 Proposed Summons/Civil Cover Sheet Michael Anthony Contracting Corp. Acknowledgement filed by The United States of America, for the use and benefit of Level Supply, LLC. (Sheats, Edward)
August 23, 2024 Opinion or Order Filing 6 SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/7/2024 at 10:30 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 8/23/2024. (PW)
August 23, 2024 Filing 5 Civil Cover Sheet.. Re #1 Complaint,, #3 Summons Issued, #2 Proposed Summons/Civil Cover Sheet by The United States of America, for the use and benefit of Level Supply, LLC (Sheats, Edward)
August 23, 2024 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM)
August 23, 2024 Filing 3 Summons Issued as to Howard Feinstein, Feinstein Iron Works, Inc., John Doe 1 through 5, John Doe 6 through 10, Michael Anthony Contracting, Corp., QBE Insurance Corp.. (SDM)
August 23, 2024 Filing 2 Civil Cover Sheet.. Re #1 Complaint,, by The United States of America, for the use and benefit of Level Supply, LLC f/k/a LVLST Capital I, L.L.C. (Attachments: #1 Proposed Summons) (Sheats, Edward) Modified on 8/23/2024 (SDM).
August 23, 2024 Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18206768 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by The United States of America, for the use and benefit of Level Supply, LLC f/k/a LVLST Capital I, L.L.C.. (Attachments: #1 Exhibit 1 - Procore Program Agreement, #2 Exhibit 2 - Signed Project Agreement, #3 Exhibit 3 - Personal Guaranty 4561, #4 Exhibit 4 - Payment Bond, #5 Exhibit 5 - Bond Claim letter) (Sheats, Edward)
August 23, 2024 Case Assigned to Judge Brian M. Cogan. 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. (SDM)

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Defendant: Michael Anthony Contracting, Corp.
Represented By: Daniel Rabinowitz
Represented By: Michael Marc Rabinowitz
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Defendant: Peace Officers John Doe 1 through 5
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Defendant: QBE Insurance Corp.
Represented By: Daniel Rabinowitz
Represented By: Michael Marc Rabinowitz
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Defendant: Howard Feinstein
Represented By: Richard A. Kraslow
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Defendant: John Doe 6 through 10
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Defendant: Feinstein Iron Works, Inc.
Represented By: Richard A. Kraslow
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Cross-defendant: Michael Anthony Contracting, Corp.
Represented By: Daniel Rabinowitz
Represented By: Michael Marc Rabinowitz
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Cross-complainant: Feinstein Iron Works, Inc.
Represented By: Richard A. Kraslow
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Cross-complainant: Howard Feinstein
Represented By: Richard A. Kraslow
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Plaintiff: The United States of America, for the use and benefit of Level Supply, LLC
Represented By: Edward J. Sheats, Jr.
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Plaintiff: LVLST Capital I, L.L.C.
Represented By: Edward J. Sheats, Jr.
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