Trustees of the Local 813 Pension Trust Fund v. Astoria Rubbish Removal Company, Inc. et al
| Trustees of the Local 813 Pension Trust Fund |
| John and Jane Does 1-10, XYZ Corporations 1-10 and Astoria Rubbish Removal Company, Inc. |
| 1:2024cv06479 |
| September 16, 2024 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1451 E.R.I.S.A. |
| None |
Docket Report
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| Filing 10 CERTIFICATE OF SERVICE by Trustees of the Local 813 Pension Trust Fund re Motion Hearing,,,,,, (Shah, Neil) |
| Minute Entry for Motion #7 Hearing held on 11/1/2024 before Magistrate Judge James R. Cho. Neil V. Shah appeared on behalf of plaintiff. Thomas Torto participated on behalf of the estate of Joyce Gajeski Dorish ("Joyce"), the deceased owner of defendant Astoria Rubbish Removal Company, Inc. Mr. Torto advised the Court that, to date, no executor for the estate has been approved and he has not been formally retained as counsel for the estate.Argument heard on plaintiff's motion #7 for leave to serve subpoenas. Plaintiff anticipates serving Wendi Dorish ("Wendi"), Joyce's daughter, with a subpoena for documents and information. By 11/8/2024, plaintiff shall provide Wendi, through counsel, with a list of the documents/information plaintiff seeks to obtain through its subpoena. By 11/22/2024, Wendi shall advise plaintiff whether she intends to respond voluntarily to the request for information without the need for a subpoena. By 12/6/2024, plaintiff shall file a status report that advises the Court as to the status of the request for information served on Wendi. In the event plaintiff still seeks to serve its subpoena, plaintiff shall advise the Court and include with the status report a draft of the subpoena. The Court holds plaintiff's discovery motion #7 in abeyance. In light of plaintiff's anticipated discovery request, plaintiff need not move for default judgment at this time.By 11/6/2024, plaintiff shall serve a copy of this Order on Mr. Torto and file proof of service on ECF. (Cisco Recording.) (JDP) |
| Filing 9 CERTIFICATE OF SERVICE by Trustees of the Local 813 Pension Trust Fund re Scheduling Order,, (Shah, Neil) |
SCHEDULING ORDER: A telephonic motion hearing re Dkt. #7 will be held on 11/1/2024 at 2:00 p.m. before Magistrate Judge James R. Cho. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501#. Plaintiff 's counsel is directed to serve a copy of this Order on defendants by 10/25/2024, and file proof of service on ECF. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 10/22/2024. (SGC) Modified typographical error on 10/22/2024 (SGC).
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| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Astoria Rubbish Removal Company, Inc. has failed to appear or otherwise defend this action, the default of defendant Astoria Rubbish Removal Company, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 7 Letter MOTION for Discovery by Trustees of the Local 813 Pension Trust Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service) (Shah, Neil) |
| Filing 6 Request for Certificate of Default by Trustees of the Local 813 Pension Trust Fund (Attachments: #1 Declaration of Neil V. Shah In Support, #2 Proposed Certificate of Default, #3 Certificate of Service) (Shah, Neil) |
| Filing 5 AFFIDAVIT of Service for Summons, Exhibit 1- Complaint and Civil Cover Sheet served on Nancy Dougherty Office of NYS Secretary of State Re: Astoria Rubbish Removal Company on 9/17/2024, filed by Trustees of the Local 813 Pension Trust Fund. (Shah, Neil) |
| Filing 4 Summons Issued as to Astoria Rubbish Removal Company, Inc.. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 1 COMPLAINT against Astoria Rubbish Removal Company, Inc., John and Jane Does 1-10, XYZ Corporations 1-10 filing fee $ 405, receipt number ANYEDC-18282905 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the Local 813 Pension Trust Fund. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Proposed Summons) (Shah, Neil) |
| Case Assigned to Magistrate Judge James R. Cho. 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. (KD) |
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