I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds et al v. Linkin Systems, LLC et al
Plaintiff: I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds, International Brotherhood of Electrical Workers, Local Union No. 139 and Local Union No. 139 International Brotherhood of Electrical Workers and Employers Labor Managment Cooperative Trust
Defendant: Jeremy Butler and Linkin Systems, LLC
Case Number: 3:2019cv01341
Filed: October 30, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Gary L Sharpe
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1145
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2019 Opinion or Order Filing 7 TEXT ORDER granting #11 Plaintiffs motion to consolidate this case (I.B.E.W. I) with 3:19-CV-01341 (GLS/ML) (I.B.E.W. II), which was unopposed by Defendants (Dkt. No. 13). Actions involving common questions of law or fact pending before a court may be consolidated to avoid unnecessary costs or delay. Fed. R. Civ. P. 42(a). While courts have broad discretion to consolidate in the interests of judicial economy, efficiency concerns must be balanced against the potential for confusion or prejudice. Kelly v. Kelly, 911 F. Supp. 66, 69 (N.D.N.Y. 1996) (Hurd, M.J.). As part of its general power to administer its docket, "a court faced with a duplicative suit will commonly stay the second suit, dismiss it without prejudice, enjoin the parties from proceeding with it, or consolidate the two actions." Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000). A suit is duplicative where the "claims, parties, and available relief do not significantly differ between the two actions." Morency v. Vill. of Lynbrook, 1 F. Supp. 3d 58, 62 (E.D.N.Y. 2014). The Court finds that consolidation of I.B.EW. I and I.B.E.W. II is appropriate. IT IS HEREBY ORDERED that: (1) the Clerk shall consolidate Civil Action Nos. 3:19-CV-1043 (GTS/ML) and 3:19-CV-1341 (GLS/ML), with the first of those two actions being designated as the lead case; (2) all future filings in these cases are to be filed in the docket for case No. 3:19-CV-1043; (3) the Clerk shall re-assign I.B.E.W. II to Chief Judge Glenn T. Suddaby and keep Miroslav Lovric as the assigned Magistrate Judge; 4) all pre-trial schedules, all deadlines, and all orders, including Dunton Text Order, as set forth by the Court on 11/20/2019 and in the uniform pre-trial scheduling order [see, 3:19-CV-1043 at Dkt. Nos. 14 & 15, and Minute Entry at 11/20/2019], shall apply equally to 3:19-CV-01341 (GLS/ML) (I.B.E.W. II); 5) defendants shall file their Answer in 3:19-CV-01341 (GLS/ML) (I.B.E.W. II) as currently scheduled but shall file it in the lead case docket; 6) the rule 16 initial conference currently scheduled for 2/5/2020 in 3:19-CV-01341 (GLS/ML) (I.B.E.W. II) is hereby cancelled as unnecessary due to this consolidation text order; and (7) the Clerk shall file this Text Order in both dockets 3:19-CV-1043 (GTS/ML) and 3:19-CV-1341 (GLS/ML). SO ORDERED by Magistrate Judge Miroslav Lovric on 11/25/2019. (jdp )
November 15, 2019 Filing 6 SUMMONS Returned Executed by I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds, Local Union No. 139 International Brotherhood of Electrical Workers and Employers Labor Managment Cooperative Trust, International Brotherhood of Electrical Workers, Local Union No. 139. Linkin Systems, LLC served on 11/8/2019, answer due 11/29/2019. (Kornfeld, Daniel)
November 15, 2019 Filing 5 SUMMONS Returned Executed by I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds, Local Union No. 139 International Brotherhood of Electrical Workers and Employers Labor Managment Cooperative Trust, International Brotherhood of Electrical Workers, Local Union No. 139. Jeremy Butler served on 11/8/2019, answer due 11/29/2019. (Kornfeld, Daniel)
November 4, 2019 Filing 4 CERTIFICATE OF SERVICE by I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds, International Brotherhood of Electrical Workers, Local Union No. 139, Local Union No. 139 International Brotherhood of Electrical Workers and Employers Labor Managment Cooperative Trust re #1 Complaint,, (Kornfeld, Daniel)
November 1, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #3 G.O. 25 Filing Order. When GO25 was entered on the docket, the deadline for civil case management plan and initial conference were mistakenly set for 2019. Corrected the docket text of the entry and the actual deadlines to state Initial Rule 16 is 2/5/2020 and civil case management plan is 1/29/2020. No other changes were made to this entry. (see)
October 31, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 2/5/2020 at 10:00 AM in Binghamton 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 1/29/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp) Modified on 11/1/2019 (see, ).
October 31, 2019 Filing 2 SUMMONS ISSUED as to Linkin Systems, LLC. (Attachments: #1 Summons Issued for Jeremy Butler) (kmp)
October 30, 2019 Filing 1 COMPLAINT against Jeremy Butler and Linkin Systems, LLC (Filing fee $400 receipt number ANYNDC-4926906) filed by I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds, Local Union No. 139 International Brotherhood of Electrical Workers and Employers Labor Managment Cooperative Trust, and International Brotherhood of Electrical Workers, Local Union No. 139.(Attachments: #1 Civil Cover Sheet)(kmp) Tompkins County was used for case assignment purposes. Clerk confirmed with attorney that the events happened in Tompkins County. Modified on 10/31/2019 to clarify county. (kmp)

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Defendant: Jeremy Butler
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Defendant: Linkin Systems, LLC
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Plaintiff: I.B.E.W. Local 139 Annuity, Pension, Welfare, and Education Funds
Represented By: Daniel E. Kornfeld
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Plaintiff: International Brotherhood of Electrical Workers, Local Union No. 139
Represented By: Daniel E. Kornfeld
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Plaintiff: Local Union No. 139 International Brotherhood of Electrical Workers and Employers Labor Managment Cooperative Trust
Represented By: Daniel E. Kornfeld
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