Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds et al v. Kane Paint & Plaster, Inc. et al

Justia Dockets & Filings Second Circuit New York Eastern District Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds et al v. Kane Paint & Plaster, Inc. et al

Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds et al v. Kane Paint & Plaster, Inc. et al

Plaintiff:	Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds f/k/a Empire State Carpenters Pension, Welfare, Annuity and Apprentice Training Fu, North Atlantic States Regional Council of Carpenters f/k/a the Empire State Regional Council of Carpenters, by Patrick Morin, Executive Secretary/Treasurer, North Atlantic States Regional Council of Carpenters, Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds, Empire State Carpenters Pension, Welfare, Annuity and Apprentice Training Funds and Empire State Regional Council of Carpenters
Defendant:	Michael D. Kane, Charles Kane and Kane Paint & Plaster, Inc.
Case Number:	2:2020cv00070
Filed:	January 6, 2020
Court:	US District Court for the Eastern District of New York
Presiding Judge:	Roanne L Mann
Referring Judge:	Kiyo A Matsumoto
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on July 23, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 24, 2020	Filing 9 AFFIDAVIT of Service for Order dated February 21, 2020 served on Kane Paint & Plaster, Michael D. Kane, Charles Kane on February 24, 2020, filed by North Atlantic States Regional Council of Carpenters, Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds. (Marimon, Nicole)
February 21, 2020	ORDER denying #8 motion to appoint counsel. There is no right to counsel in a civil case, In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984), and the Court does not have the power to compel an attorney to represent Charles Kane ("Mr. Kane") on a pro bono basis. The Court is also mindful that this action seeks to renew the judgment entered against Defendants, including Mr. Kane, on May 19, 2010 in Case No. 09-cv-1619 (JFB) (E.D.N.Y.). Defendants failed to plead or otherwise defend that action. Consequently, Mr. Kane's motion to appoint counsel is denied. The Court will, however, grant Mr. Kane's request for an extension of time to respond to the summons. Mr. Kane must respond to the summons by March 22, 2020. Counsel for Plaintiffs is directed to serve a copy of this Order on Mr. Kane and to note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 2/21/2020. (Ammari, Kamil)
February 10, 2020	Filing 8 MOTION to Appoint Counsel by Charles Kane. (Attachments: #1 Request to Proceed in Forma Pauperis) (Herrera, Isaiah)
February 6, 2020	Filing 7 SUMMONS Returned Executed by Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds, North Atlantic States Regional Council of Carpenters. Charles Kane served on 1/22/2020, answer due 2/12/2020. (Marimon, Nicole)
January 9, 2020	Filing 6 SUMMONS Returned Executed by Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds, North Atlantic States Regional Council of Carpenters. Kane Paint & Plaster, Inc. served on 1/8/2020, answer due 1/29/2020. (Marimon, Nicole)
January 7, 2020	Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Rodin, Deanna).
January 7, 2020	Filing 4 Notice of Related Case indicated on the civil cover sheet in case number 20cv00070. (Rodin, Deanna)
January 7, 2020	Filing 3 Summons Issued as to All Defendants. (Rodin, Deanna)
January 7, 2020	Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
January 7, 2020	Case Assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Judge Roanne L. Mann. 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. (Rodin, Deanna)
January 6, 2020	Filing 1 COMPLAINT against Charles Kane, Kane Paint & Plaster, Inc., Michael D. Kane filing fee $400, receipt number ANYEDC-12217891, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds, North Atlantic States Regional Council of Carpenters. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons) (Marimon, Nicole) Modified on 1/7/2020 (Rodin, Deanna).

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Defendant: Michael D. Kane
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Defendant: Charles Kane
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Defendant: Kane Paint & Plaster, Inc.
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Plaintiff: Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds f/k/a Empire State Carpenters Pension, Welfare, Annuity and Apprentice Training Fu
Represented By:	Nicole Marimon
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Plaintiff: North Atlantic States Regional Council of Carpenters f/k/a the Empire State Regional Council of Carpenters, by Patrick Morin, Executive Secretary/Treasurer
Represented By:	Nicole Marimon
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Plaintiff: North Atlantic States Regional Council of Carpenters
Represented By:	Nicole Marimon
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Plaintiff: Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds
Represented By:	Nicole Marimon
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Plaintiff: Empire State Carpenters Pension, Welfare, Annuity and Apprentice Training Funds
Represented By:	Nicole Marimon
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Plaintiff: Empire State Regional Council of Carpenters
Represented By:	Nicole Marimon
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