Upstate New York Engineers Health Fund et al v. ZMK Construction, Inc. et al
| Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, I.U.O.E. Local 158 Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers and Upstate New York Operating Engineers, Local 158 |
| ZMK Construction, Inc., Steven J. Gregg and Kyle A. Brame |
| 5:2023cv01130 |
| September 5, 2023 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Frederick J Scullin |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER granting #10 Stipulation. Defendants Kyle A. Brame, Steven J. Gregg, and ZMK Construction, Inc.'s answer is now due on or before due 1/2/2024. Signed by Magistrate Judge Miroslav Lovric on 11/3/2023. (jdc )
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| Filing 10 STIPULATION re #2 Summons Issued, #1 Complaint, Accepting Service of Process by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, I.U.O.E. Local 158 Training Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Operating Engineers, Local 158 submitted to Judge Miroslav Lovric. (Wagner, Kenneth) |
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Filing 9
TEXT ORDER: The request in Status Report #8 is GRANTED insofar as and to the extent that: (1) Defendants ZMK Construction, Inc., Steven J. Gregg, and Kyle A. Brame are directed to respond to the complaint by 12/20/2023; (2) the Rule 16 Initial Conference scheduled for 12/6/2023 is RE-SCHEDULED for 1/25/2024 at 11:00 a.m., via Teams teleconference, before Magistrate Judge Miroslav Lovric; (3) the Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/18/2024; and (4) pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/31/2023. (jdc)
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| Filing 8 STATUS REPORT by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, I.U.O.E. Local 158 Training Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Operating Engineers, Local 158. (Wagner, Kenneth) |
| Filing 7 SUMMONS Returned Executed by Upstate New York Operating Engineers, Local 158, Upstate New York Engineers Pension Fund, I.U.O.E. Local 158 Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Upstate New York Engineers Health Fund, Upstate New York Engineers S.U.B. Fund. Kyle A. Brame served on 10/10/2023, answer due 10/31/2023. (Wagner, Kenneth) |
| Filing 6 TEXT ORDER: According to the Court's docket for this case, Defendants ZMK Construction, Inc. and Steven J. Gregg time to answer or otherwise respond to Plaintiffs complaint expired on 10/13/2023. Plaintiffs counsel is hereby directed to file either a request for clerks entry of default as to Defendants ZMK Construction, Inc. and Steven J. Gregg or a status report on or before 10/30/2023. Furthermore, Plaintiffs are directed to file a status report or affidavit of service as to Defendant Kyle A. Brame by 10/30/2023. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/23/2023. (jdc ) |
| Filing 5 SUMMONS Returned Executed by Upstate New York Operating Engineers, Local 158, Upstate New York Engineers Pension Fund, I.U.O.E. Local 158 Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Upstate New York Engineers Health Fund, Upstate New York Engineers S.U.B. Fund. Steven J. Gregg served on 9/22/2023, answer due 10/13/2023; ZMK Construction, Inc. served on 9/22/2023, answer due 10/13/2023. (Clark, Jennifer) |
| Filing 4 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, I.U.O.E. Local 158 Training Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Operating Engineers, Local 158 re #1 Complaint, (Wagner, Kenneth) |
| TEXT NOTICE: The Initial Conference scheduled for 12/6/2023 at 1:30PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 12/6/2023 at 1:30 PM 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 11/29/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 2 Summons Issued as to ZMK Construction, Inc. (Attachments: #1 Summons issued for Steven J. Gregg, #2 Summons issied for Kyle A. Brame) (jmb) |
| Filing 1 COMPLAINT: against ZMK Construction, Inc., Steven J. Gregg and Kyle A. Brame (Filing fee $402 receipt number ANYNDC-6433834) filed by Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, I.U.O.E. Local 158 Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers and Upstate New York Operating Engineers, Local 158. (Attachments: #1 Civil Cover Sheet) (jmb) |
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