Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds v. Milcon Construction Corp.
| Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds |
| Milcon Construction Corp. |
| 2:2023cv09042 |
| December 8, 2023 |
| US District Court for the Eastern District of New York |
| James M Wicks |
| 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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| Incorrect Case/Document/Entry Information was removed. (MV) |
ORDER. In light of the Clerk's entry of default (ECF No. #8 ), Plaintiffs shall file their motion for default judgment against Defendant on or before February 8, 2024. So Ordered by Magistrate Judge James M. Wicks on 1/9/2024. (HM)
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| Filing 8 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Milcon Construction Corp., has failed to appear or otherwise defend this action, the default of defendant Milcon Construction Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) |
| Filing 7 Request for Certificate of Default by Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds (Attachments: #1 Declaration of Maura Moosnick in Support, #2 Proposed Default Certificate) (Moosnick, Maura) |
| Filing 6 AFFIDAVIT of Service for Summons (Dkt. No. 4), Complaint (Dkt. No. 1), and a Litigation Hold Notice served on Defendant, Milcon Construction Corp., and last known counsel for Defendant on December 14, 2023, filed by Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds. (Moosnick, Maura) |
| Filing 5 SUMMONS Returned Executed by Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds. Milcon Construction Corp. served on 12/12/2023, answer due 1/2/2024. (Moosnick, Maura) |
| NOTICE: This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Court's website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program (DF) |
| Filing 4 Summons Issued as to Milcon Construction Corp. (LJ) |
| Filing 3 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Magistrate Judge James M. Wicks. 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. (LJ) |
| Filing 1 COMPLAINT against Milcon Construction Corp. filing fee $ 405, receipt number ANYEDC-17361040 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Moosnick, Maura) |
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| Plaintiff: Trustees of the United Union of Roofers, Waterproofers and Allied Workers Local 154 Welfare, Pension, Annuity, and Apprenticeship and Training Funds | |
| Represented By: | Charles R. Virginia |
| Represented By: | Maura S. Moosnick |
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| Defendant: Milcon Construction Corp. | |
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