Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds v. Casabella Contracting of NY, Inc.
| Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds |
| Casabella Contracting of NY, Inc. |
| 2:2021cv05102 |
| September 14, 2021 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| A Kathleen Tomlinson |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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Filing 13
JUDGMENT - IT IS ORDERED AND ADJUDGED that the Petition is granted, the underlying arbitration award is confirmed, and summary judgment is entered in favor of the Petitioner's and against Respondent as follows: 1. Awarding Petitioners $8,062.80, consisting of the principal deficiency of $4,152.48 interest thereon of $78.22, additional interest on late remittances and payments of $1,251.60, liquidated damages of $830.50, attorneys fees of $950, and the arbitrators fee of $800, pursuant to the 7/29/2021 arbitration award (the Award); 2. Award Petitioners $477 in costs arising out of the proceeding; 3. Awarding Petitioners $730 in attorneys' fees arising out of the proceeding; and 4. Awarding Petitioners post-judgment interest at the statutory rate. SO Ordered by Judge Joan M. Azrack on 1/19/2022. (Tirado, Chelsea)
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| Filing 12 Letter pursuant to the December 28, 2021 Order by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds (Grancio, Adrianna) |
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Filing 11
ORDER IN RE CASES RE-ASSIGNED TO MAGISTRATE JUDGE ANNE Y. SHIELDS. So Ordered by Magistrate Judge Anne Y. Shields on 12/28/2021. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements) (Torres, Jasmine)
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| Case Reassigned randomly to Magistrate Judge Anne Y. Shields. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. 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. (Morabito, Bryan) |
| Filing 10 Letter request to deem the petition as an unopposed motion for summary judgment by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds (Grancio, Adrianna) |
| Filing 9 SUMMONS Returned Executed by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds. Casabella Contracting of NY, Inc. served on 9/17/2021, answer due 10/8/2021. (Grancio, Adrianna) |
| Filing 8 Summons Issued as to Casabella Contracting of NY, Inc.. (Flanagan, Doreen) |
| Filing 7 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. (Flanagan, Doreen) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge A. Kathleen Tomlinson. 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. (Flanagan, Doreen) |
| Filing 5 NOTICE of Appearance by Nicole Marimon on behalf of Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds (aty to be noticed) (Marimon, Nicole) |
| Filing 4 MEMORANDUM in Support re #1 Petition re: Arbitration Award,, filed by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds. (Grancio, Adrianna) |
| Filing 3 Civil Cover Sheet.. Re #1 Petition re: Arbitration Award,, by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds (Grancio, Adrianna) |
| Filing 2 Proposed Summons. Re #1 Petition re: Arbitration Award,, by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds (Grancio, Adrianna) |
| Filing 1 PETITION re: Arbitration Award , filed by Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Short Form Agreement, #2 NRCC SE Region LU 279 CBA 2016-2019, #3 NRCC SE Region CBA LU 279 CBA 2019-2022, #4 2018 NCF Collection Policy Executed, #5 June 2, 2021 Notice of Intent to Arbitrate, #6 July 29, 2021 Arbitration Award, #7 History Bill, #8 Proposed Judgment) (Grancio, Adrianna) Modified on 9/16/2021 (Flanagan, Doreen). |
| CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-14834697 (Grancio, Adrianna) |
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| Petitioner: Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds | |
| Represented By: | Nicole Marimon |
| Represented By: | Adrianna R Grancio |
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| Respondent: Casabella Contracting of NY, Inc. | |
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