Geis Construction South, LLC v. MDC Home Improvements, Inc.
| MDC Home Improvements, Inc. |
| Geis Construction South, LLC |
| In the matter of American Arbitration Association Arb. No. 2715 |
| 2:2021cv02407 |
| April 30, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Steven Tiscione |
| Other Statutes: Arbitration |
| 27 U.S.C. § 185 Enforcement of Arbitration Award |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 NOTICE by Geis Construction South, LLC of Filing Proofs of Service of Clerk's Judgment (Attachments: #1 Exhibit A - Proof of Service via Email, #2 Exhibit B - Proof of Service via Mail) (Evenchik, Aaron) |
| Filing 23 JUDGMENT: That Claimant's motion for deeming service upon MDC as proper and confirming the arbitration award is granted; and that Respondent is directed to pay the final and confirmed arbitral award of $10,021,831.10 to the Claimant. Signed by Brenna B. Mahoney Clerk of Court By J. Poveda, Deputy Clerk on 9/27/2022. (Layne, Monique) |
| Filing 22 NOTICE by Geis Construction South, LLC of Filing Proofs of Service of Order Adopting Report and Recommendations (Attachments: #1 Exhibit A - Proof of Service via Email, #2 Exhibit B - Proof of Service via Mail) (Evenchik, Aaron) |
ORDER ADOPTING REPORT AND RECOMMENDATION: On August 29, 2022, Magistrate Judge Steven Tiscione issued a report and recommendation (the "R&R") #20 , which recommends that Claimant's service of the summons and application to confirm the arbitration award upon MDC was proper, to confirm the arbitration award against MDC, and to enter a judgment in favor of Claimant and against Respondent in the amount of $10,021,831.10. No objections to the R&R have been filed. Having reviewed the R&R for clear error and, finding none, the Court hereby ADOPTS the R&R in its entirety as the opinion of the Court. As recommended by Judge Tiscione, Claimant's motion for deeming service upon MDC as proper and confirming the arbitration award is GRANTED. The Respondent is directed to pay the final and confirmed arbitral award of $10,021,831.10 to the Claimant.Ordered by Judge LaShann DeArcy Hall on 9/23/2022. (Syed, Ayla)
|
| Filing 21 NOTICE by Geis Construction South, LLC of Filing Proofs of Service of Report and Recommendation (Attachments: #1 Exhibit A - Proof of Service Upon MDC via First Class U.S. Mail, #2 Exhibit B - Proof of Service Upon MDC via Email, #3 Exhibit C - Proof of Service Upon Joseph Amsel via Email) (Evenchik, Aaron) |
|
Filing 20
REPORT AND RECOMMENDATIONS re #16 MOTION for Judgment Based on ADR Settlement filed by Geis Construction South, LLC. For the reasons set forth in the attached Report and Recommendation, this Court respectfully recommends that service upon MDC be considered proper, and that the arbitration Award against MDC in the amount of $10,021,831.10 be confirmed. Plaintiff is directed to serve a copy of the R&R within 4 days of this order and file proof of service on the docket. Objections to R&R due by 9/12/2022.So Ordered by Magistrate Judge Steven Tiscione on 8/29/2022. (Mistry-Sehgal, Nikita)
|
| Filing 19 NOTICE by Geis Construction South, LLC Notice of Supplemental Declaration of Christopher Nucifora, Esq. (Attachments: #1 Declaration Supplemental Declaration of Christopher Nucifora, Esq. in Support of Claimant, Geis Construction South, LLC's Motion for an Order) (Evenchik, Aaron) |
|
ORDER REFERRING MOTION: Petitioner's motion #16 for judgment based on ADR settlement is respectfully referred to Magistrate Judge Steven Tiscione for report and recommendation. Ordered by Judge LaShann DeArcy Hall on 10/15/2021. (Williams, Erica)
|
| Filing 18 Summons Reissued as to MDC Home Improvements, Inc.. (Layne, Monique) |
| Filing 17 Proposed Summons. Re #1 Petition re: Arbitration Award, by Geis Construction South, LLC (Nucifora, Christopher) |
| Filing 16 MOTION for Judgment Based on ADR Settlement by Geis Construction South, LLC. (Attachments: #1 Declaration of Christopher Nucifora, #2 Exhibit A. 2021.04.01 Transmission Letter from AAA, #3 Exhibit B. Final Award of Arbitration Panel issued by AAA, #4 Exhibit C. Subcontract Agreement between GEIS and MDC, #5 Memorandum in Support, #6 Proposed Order) (Nucifora, Christopher) |
| Filing 15 Summons Re-Issued Returned Unexecuted as to MDC Home Improvements, Inc. c/o Mr. Jaime Delahunt. See Remarks on USM-285 Form. (Latka-Mucha, Wieslawa) Modified. |
| Filing 14 STATUS REPORT by Geis Construction South, LLC (Nucifora, Christopher) |
|
STATUS REPORT ORDER: Counsel for Plaintiff shall electronically filed a status report with the Court by 10/1/2021. So Ordered by Magistrate Judge Steven Tiscione on 9/23/2021. (Vasquez, Lea)
|
| Filing 13 Summons Reissued as to MDC Home Improvements, Inc.. (Layne, Monique) |
| Filing 12 Proposed Summons. Re #1 Petition re: Arbitration Award, by Geis Construction South, LLC (Nucifora, Christopher) |
| Filing 11 AFFIDAVIT of Service for Application to Confirm Arbitration Award served on Jaime Delahunt on 6/15/2021, filed by Geis Construction South, LLC. (Nucifora, Christopher) |
| Filing 10 NOTICE of Appearance by Charles Pugh on behalf of Geis Construction South, LLC (notification declined or already on case) (Pugh, Charles) |
| Filing 9 NOTICE of Appearance by Aaron Evenchik on behalf of Geis Construction South, LLC (notification declined or already on case) (Evenchik, Aaron) |
| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14448498. by Geis Construction South, LLC. (Attachments: #1 Affidavit in Support of Pro Hac Motion, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Proposed Order Granting Pro Hac Motion) (Pugh, Charles) |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14448466. by Geis Construction South, LLC. (Attachments: #1 Affidavit in Support of Pro Hac Motion, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Pro Hac Motion) (Evenchik, Aaron) |
|
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice ; granting #8 Motion for Leave to Appear Pro Hac Vice: Having reviewed Pro Hac Vice applications #7 and #8 submitted by Aaron Steven Evenchik and Charles William Pugh for Plaintiff and found them to be in compliance with the local rules concerning attorney admissions, the applications are approved. If not already done, the attorneys shall register for ECF which is available online at the NYED's homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notifications of activity in this case. The attorneys shall ensure that the $150 admission fee per application is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 5/7/2021. (Vasquez, Lea)
|
| Incorrect Document Entry Information. Upon request, initiating documents filed as a complaint in docket entry 1 were saved, the entry deleted, and refiled as a Petition to Confirm Arbitration Award. (Rodin, Deanna) |
| Filing 6 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Rodin, Deanna) |
| Filing 5 Summons Issued as to MDC Home Improvements, Inc. (Rodin, Deanna) |
| Filing 4 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) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Steven Tiscione. 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) |
| Filing 1 PETITION re: Arbitration Award , filed by Geis Construction South, LLC. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Application to Confirm Arbitration Award, #2 Exhibit A MDC-GEIS Subcontract 1, #3 Exhibit B MDC-GEIS Subcontract 2, #4 Exhibit C Final Arbitration Award, #5 Civil Cover Sheet) (Rodin, Deanna) Modified on 5/6/2021 (Rodin, Deanna). |
| FILING FEE: $402, receipt number ANYEDC-14427031 (Rodin, Deanna) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Geis Construction South, LLC (Nucifora, Christopher) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
