Mastropietro et al v. Burbank Electrical Contractor, Inc. et al
| Michael Mastropietro, John Mosher, Michael Martell, Joseph P. Gross, Christopher Spraragen and Brian Hart |
| Burbank Electrical Contractor, Inc. and Dean Burbank |
| 1:2021cv01129 |
| October 15, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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Filing 22
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiffs' renewed motion for default judgment (Dkt. No. #20 ) is GRANTED. It is further ORDERED that Plaintiffs are awarded judgment against Defendant Burbank Electrical Contractor, Inc. for the sum of $44,441.81, which includes $25,224.76 in delinquent contributions to the Funds; $1,401.42 in delinquent contributions to the J.A.T.C.; $5,228.39 in interest on delinquent contributions, together with interest from November 4, 2022 to the date of judgment at a per diem rate of $14.324; $3,613.99 in delinquent union dues; $5,296.25 in delinquencies revealed by the audit; and $3,677.00 in costs and attorney's fees. It is further ORDERED that Plaintiffs are awarded judgment against Defendant Dean Burbank for the sum of $38,770.16, which includes $25,224.76 in delinquent contributions to the Funds; $4,850.90 in interest on delinquent contributions, together with interest from November 4, 2022 to the date of judgment at a per diem rate of $13.29; $5,017.50 in delinquencies revealed by the audit; and $3,677.00 in costs and attorney's fees, and that Defendant Dean Burbank shall be jointly and severally liable with Defendant Burbank Electrical Contractor, Inc. for this sum, which is included in the total award above. It is further ORDERED that Plaintiffs are awarded post-judgment interest on all money awards at the rate provided for by 28 U.S.C. 1961(a). It is further ORDERED that Plaintiffs may file a supplemental application for attorney's fees by April 27, 2023. It is further ORDERED that Plaintiffs serve copies of this Memorandum-Decision and Order on Defendants and file a certificate of service. Signed by Chief Judge Brenda K. Sannes on 4/6/2023. (nmk)
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| Filing 21 CERTIFICATE OF SERVICE by Joseph P. Gross, Brian Hart, Michael Martell, Michael Mastropietro, John Mosher, Christopher Spraragen (Pozefsky, William) |
| TEXT NOTICE re #20 Supplemental Motion for Default Judgment. A Response is due by 1/6/2023. Any Reply is due by 1/13/2023. (nmk) |
| Filing 20 SUPPLEMENTAL MOTION for Default Judgment, AFFIDAVIT by Joseph P. Gross, Brian Hart, Michael Martell, Michael Mastropietro, John Mosher, Christopher Spraragen. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Affidavit, #4 Exhibit(s), #5 Affidavit, #6 Exhibit(s))(Pozefsky, William) Modified on 12/20/2022 Event type changed to Motion (egr, ). Modified on 12/20/2022 to clarify docket text. (nmk) |
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Filing 19
TEXT ORDER: granting #18 Letter requesting an extension of time. Any renewed motion for default judgment shall be filed by 12/19/2022. SO ORDERED by Chief Judge Brenda K. Sannes on 11/10/2022. (nmk)
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| Filing 18 Letter Motion from William Pozefsky, Esq. for Joseph P. Gross, Brian Hart, Michael Martell, Michael Mastropietro, John Mosher, Christopher Spraragen requesting Additional Time submitted to Judge Brenda K. Sannes . (Pozefsky, William) |
| Filing 17 AFFIDAVIT of Service for Memorandum-Decision and Order served on Defendants on October 18, 2022, filed by Joseph P. Gross, Brian Hart, Michael Martell, Michael Mastropietro, John Mosher, Christopher Spraragen. (Pozefsky, William) |
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Filing 16
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiffs' motion for default judgment (Dkt. No. #14 ) is DENIED without prejudice. It is further ORDERED that Plaintiffs must file any renewed motion for default judgment within 30 days of the date of this Decision, curing the deficiencies identified and including both the relevant agreements and evidence in admissible form substantiating Plaintiffs' request for damages, attorney's fees, and costs. If Plaintiffs do not wish to file a renewed motion for default judgment, they must notify the Court within 30 days of the date of this Decision. It is further ORDERED that Plaintiffs serve copies of this Memorandum-Decision and Order on Defendants and file a certificate of service. Signed by Chief Judge Brenda K. Sannes on 10/17/2022. (nmk)
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| Filing 15 AFFIDAVIT of Service for Notice of Motion for Default Judgment, Affidavits in Support, Memorandum of Law, proposed Default Judgment served on Defendants on 03/31/2022, filed by Michael Mastropietro. (Pozefsky, William) |
| Filing 14 MOTION for Entry of Default filed by Michael Mastropietro. Response to Motion due by 4/21/2022. Reply to Response to Motion due by 4/28/2022 (Attachments: #1 Affidavit Samantha Serson Affidavit in Support, #2 Affidavit Evelyn Ostrander Affidavit in Support, #3 Affidavit William Pozefsky Affidavit in Support with Exhibit A, #4 Memorandum of Law Plaintiffs' Memorandum of Law, #5 Judgement After Default) Motions referred to Miroslav Lovric. (Pozefsky, William) |
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Filing 13
TEXT ORDER: The Clerk of the Court's entry of default was entered against Defendants Dean Burbank and Burbank Electrical Contractor, Inc. on 2/24/2022. (Dkt. No. 12.) Within thirty (30) days of the date of this order, Plaintiffs must either (1) move for default judgment pursuant to Fed. R. Civ. P. 55(b) and N.D.N.Y. L.R. 55.2, or (2) file a detailed status report. To the extent that Plaintiffs move for default judgment, they must attach a copy of the Clerk's entry of default to the moving papers, serve on Defendants via regular mail, and file certificates of service. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/1/2022. (jdp)
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| Filing 12 Clerk's ENTRY OF DEFAULT as to Dean Burbank, Burbank Electrical Contractor, Inc. APPROVING #11 Request for Entry of Default. (mgh) |
| Filing 11 REQUEST FOR ENTRY OF DEFAULT as to Dean Burbank, Burbank Electrical Contractor, Inc. by Brian Hart, John Mosher, Joseph P. Gross, Christopher Spraragen, Michael Mastropietro, Michael Martell. (Pozefsky, William) |
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Filing 10
TEXT ORDER: According to the Court's docket for this case, Defendants time to answer or otherwise respond to Plaintiffs complaint expired on 12/14/2021. Plaintiffs had requested clerks entry of default at Dkt. No. 6. which was denied at Dkt. No. 9 because Plaintiffs had failed to follow the N.D.N.Y. Local Rules. No later than 2/28/2022, Plaintiffs are directed to file either (1) request for clerks entry of default that fully complies with the Local Rules, or (2) a detailed status report. The rule 16 Initial Conference continues to be STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/28/2022(jdp )
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| Filing 9 Clerk's ENTRY OF DEFAULT is DENIED as to Dean Burbank, Burbank Electrical Contractor, Inc. #6 Request for Entry of Default. (mgh) |
| Filing 8 Letter from William Pozefsky, Esq. for Michael Mastropietro . (Pozefsky, William) Modified on 1/19/2022 (jdp, ). |
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Filing 7
TEXT ORDER: According to the Court's docket for this case, Defendants time to answer or otherwise respond to Plaintiffs complaint expired on 12/14/2021. Plaintiffs have requested clerks entry of default at Dkt. No. 6. The rule 16 Initial Conference currently scheduled for 1/19/2022 is STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/14/2022.(jdp)
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| Filing 6 REQUEST FOR ENTRY OF DEFAULT as to All Defendants by Michael Mastropietro. (Attachments: #1 Affidavit Affidavit In Support)(Pozefsky, William) |
| ***Answer due date updated for Dean Burbank answer due 12/14/2021; Burbank Electrical Contractor, Inc. answer due 12/14/2021. (mgh) |
| Filing 5 AFFIDAVIT of Service , filed by Michael Mastropietro. (Pozefsky, William) |
| Filing 4 AFFIDAVIT of Service , filed by Michael Mastropietro. (Pozefsky, William) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/19/2022 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/12/2022. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518.(Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to Dean Burbank, Burbank Electrical Contractor, Inc. (Attachments: #1 Summons Issued as to Dean Burbank)(mgh) |
| Filing 1 COMPLAINT against Dean Burbank, Burbank Electrical Contractor, Inc. (Filing fee $402 receipt number ANYNDC -5682439) filed by Brian Hart, John Mosher, Joseph P. Gross, Christopher Spraragen, Michael Mastropietro, Michael Martell. (Attachments: #1 Civil Cover Sheet)(mgh) |
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