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. C.M. Ashland Construction
| International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers and The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO |
| C.M. Ashland Construction |
| 1:2024cv07302 |
| October 17, 2024 |
| US District Court for the Eastern District of New York |
| Lara K Eshkenazi |
| 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 December 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 CERTIFICATE OF SERVICE 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 re #14 Affidavit in Support of Motion,, #13 Affidavit in Support of Motion,, #12 Affidavit in Support of Motion,,, #11 Notice of MOTION for Default Judgment against CM Ashland Construction Corp., #16 Memorandum in Support, #15 Affidavit in Support of Motion,, Mailed out via Fedex Express 12/3/2024 (Steinberg, James) |
| Filing 16 MEMORANDUM in Support re #11 Notice of MOTION for Default Judgment against CM Ashland Construction Corp. 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) |
| Filing 15 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against CM Ashland Construction Corp. Affidavit of Lisa Madeiras 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) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against CM Ashland Construction Corp. Affidavit of Catherine Chase 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) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against CM Ashland Construction Corp. Affidavit of Thomas A. Callahan 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) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION for Default Judgment against CM Ashland Construction Corp. Declaration of James M. Steinberg 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. (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 CM Ashland Construction Corp. 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. (Attachments: #1 Statement of Damages, #2 Proposed Default Judgment) (Steinberg, James) |
| Filing 10 CERTIFICATE OF SERVICE 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 re Scheduling Order,,,, (Steinberg, James) |
SCHEDULING ORDER: An in-person Default Conference will be held before Magistrate Judge Lara K. Eshkenazi on 01/22/2025 at 10:30am in courtroom N322. Although Defendants have not appeared in this case, they may appear at the conference. Plaintiffs have represented that the Defendants have been served with the Complaint ( 1 ), which is the document that states Plaintiffs' claims against Defendants. Should Plaintiff move for a default judgment, Defendants could be liable because they have not responded to this lawsuit by answering it or moving to dismiss. If Defendants do not participate in the lawsuit now, they would likely waive their right to raise factual or legal defenses that they may have to Plaintiffs' claims. By 11/15/2024, Plaintiffs shall file proof of service of this ORDER and the docket sheet upon Defendants. Plaintiffs shall attempt to serve Defendants at their business address. The Court will mail a copy of this order, the complaint, and the docket sheet to C.M. Ashland Construction at 40 Tudor Drive, Clark, New Jersey. So Ordered by Magistrate Judge Lara K. Eshkenazi on 11/22/2024. (MED)
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| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant C.M. Ashland Construction has failed to appear or otherwise defend this action, the default of defendant C.M. Ashland Construction is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 8 Request for Certificate of Default 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 (Attachments: #1 Declaration in Support of Request for Certificate of Default, #2 Proposed Certificate of Default, #3 Certificate of Service) (Steinberg, James) |
| Filing 7 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, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers. C.M. Ashland Construction served on 10/29/2024, answer due 11/19/2024. (Steinberg, James) |
| Filing 6 Summons Issued as to C.M. Ashland Construction. (KD) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 4 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) |
| Case Assigned to Magistrate Judge Lara K. Eshkenazi. 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) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint,, 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) |
| Filing 2 Proposed Summons. Re #1 Complaint,, 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) |
| Filing 1 COMPLAINT against C.M. Ashland Construction filing fee $ 405, receipt number ANYEDC-18399500 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, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers. (Steinberg, James) |
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| Defendant: C.M. Ashland Construction | |
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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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| 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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