Service Employees Pension Fund of Upstate New York et al v. Blossom North, LLC et al
| Mark Curletta, John Murray, Terrence Gorman, Maureen Tomlinson, Ruth Heller, Scott Phillipson and Service Employees Pension Fund of Upstate New York |
| Gerald Wood, Blossom North, LLC, Steve O'Neil, William Madden and Blossom North, LLC doing business as Blossom North Nursing Home and Rehabilitation Center |
| 5:2018cv01429 |
| December 11, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1145 E.R.I.S.A. |
| None |
Docket Report
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| Document Text |
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| Filing 12 Clerk's ENTRY OF DEFAULT approving #11 Affidavit, #9 Request for Entry of Default, as to Blossom North, LLC, William Madden, Steve O'Neil, Gerald Wood. (mgh) |
| TEXT NOTICE: On 1/17/2019 the Court granted Plaintiffs' request and issued Clerk's Entry of Default as to all defendants in this matter (Dkt. No. #12 ). Plaintiffs are directed to file a motion for entry of a default judgment made returnable before District Judge Sannes, pursuant to Fed.R.Civ.P. 55 and NYND Local Rule 55.2, within thirty (30) days of the date of this Notice. If Plaintiffs file a motion for entry of default judgment, they must attach a copy of the clerk's entry of default to the moving papers and a certificate of service as proof that a copy of the motion for entry of default judgment was served on the defendants. (sg) |
| Filing 11 AFFIDAVIT re 10 Order,, #9 Request for Entry of Default, Amended Affidavit in Support of Request for Entry of Default by Mark Curletta, Terrence Gorman, Ruth Heller, John Murray, Scott Phillipson, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson. (Attachments: #1 Certificate of Service)(Kornfeld, Daniel) |
Filing 10
TEXT ORDER : Clerk has reviewed the Plaintiffs' #9 Request for Entry of Default as to all defendants and finds that the Affidavit filed at Dkt. [9-1] does not comply with the directives in Local Rule 55.1 in that the affidavit must show that the applicable parties against whom Plaintiffs seek judgment are not an infant, in the military, or an incompetent person (See N.D.N.Y.L.R. 55.1(1)) Plaintiff is directed to submit a corrected affidavit containing the pertinent information as set forth in L.R. 55.1 for the Clerk's review. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/16/2019. (sg)
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| Filing 9 REQUEST FOR ENTRY OF DEFAULT as to All Defendants re #6 Summons Returned Executed, #7 Summons Returned Executed, #8 Summons Returned Executed, #5 Summons Returned Executed, by Scott Phillipson, Terrence Gorman, Mark Curletta, Ruth Heller, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson, John Murray. (Attachments: #1 Affidavit, #2 Certificate of Service)(Kornfeld, Daniel) |
| Filing 8 SUMMONS Returned Executed by Scott Phillipson, Terrence Gorman, Mark Curletta, Ruth Heller, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson, John Murray. Gerald Wood served on 12/20/2018, answer due 1/10/2019. (Kornfeld, Daniel) |
| Filing 7 SUMMONS Returned Executed by Scott Phillipson, Terrence Gorman, Mark Curletta, Ruth Heller, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson, John Murray. Steve O'Neil served on 12/20/2018, answer due 1/10/2019. (Kornfeld, Daniel) |
| Filing 6 SUMMONS Returned Executed by Scott Phillipson, Terrence Gorman, Mark Curletta, Ruth Heller, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson, John Murray. William Madden served on 12/20/2018, answer due 1/10/2019. (Kornfeld, Daniel) |
| Filing 5 SUMMONS Returned Executed by Scott Phillipson, Terrence Gorman, Mark Curletta, Ruth Heller, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson, John Murray. Blossom North, LLC served on 12/20/2018, answer due 1/10/2019. (Kornfeld, Daniel) |
| Filing 4 CERTIFICATE OF SERVICE by Mark Curletta, Terrence Gorman, Ruth Heller, John Murray, Scott Phillipson, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson re #2 Summons Issued, #1 Complaint, (Kornfeld, Daniel) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/11/2019 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/4/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (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 Blossom North, LLC, William Madden, Steve O'Neil, Gerald Wood. (Attachments: #1 Summons Issued as to Madden, #2 Summons Issued as to O'Neil, #3 Summons Issued as to Wood)(mgh) |
| Filing 1 COMPLAINT against Blossom North, LLC, William Madden, Steve O'Neil, Gerald Wood (Filing fee $400 receipt number ANYNDC-4585014) filed by Scott Phillipson, Terrence Gorman, Mark Curletta, Ruth Heller, Service Employees Pension Fund of Upstate New York, Maureen Tomlinson, John Murray. (Attachments: #1 Filing Fee Received- Pay.gov, #2 Civil Cover Sheet)(mgh) |
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