District Council No. 9 et al v. Colonial Surety Company et al
| District Council No. 9, Joseph Ramaglia, Bill Elfeld, The Structural Steel and Bridge Painters of Greater New York, Local Union No. 806, John Strika, The Structural Steel Painters Annuity Fund, The Structural Steel Painters Retirement Fund-Annuity Plan, The Structural Steel Painting Industry Promotional Fund, The Painting IndustryInsurance Fund, The District Council No. 9 Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Political Action Together Fund, The International Union of Painters and Allied Trades Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Labor Management Cooperation Initiative and The International Union of Painters and Allied Trades Industry Pension Plan |
| Colonial Surety Company, Promo Pro, Ltd., George Miltiadous, GNV Contracting Corp. and Marco Azevedo |
| 1:2007cv02203 |
| March 14, 2007 |
| US District Court for the Southern District of New York |
| Labor: E.R.I.S.A. Office |
| New York |
| Richard J Holwell |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 185 Labor: Suits by and against Labor Organizations |
| None |
Docket Report
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This docket was last retrieved on November 24, 2008. A more recent docket listing may be available from PACER.
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| Filing 31 DEFAULT JUDGMENT # 08,2140 in favor of District Council No. 9, The District Council No. 9 Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Industry Pension Plan, The International Union of Painters and Allied Trades Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Labor Management Cooperation Initiative, The International Union of Painters and Allied Trades Political Action Together Fund, The Painting IndustryInsurance Fund, The Structural Steel Painters Annuity Fund, The Structural Steel Painters Retirement Fund-Annuity Plan, The Structural Steel Painting Industry Promotional Fund, The Structural Steel and Bridge Painters of Greater New York, Local Union No. 806, Bill Elfeld, John Strika, Joseph Ramaglia against GNV Contracting Corp., Marco Azevedo in the amount of $ 141,592.87. (Signed by Judge Richard J. Holwell on 11/24/08) (ml) |
Filing 30
ORDER: The Court received plaintiffs' letter requesting the Court re-open this matter and grant plaintiffs' motion for default judgment. Apparently, the Clerk of the Court closed this matter in error after Stipulations of Settlement and Order of Dismissal were entered by the Court for defendants Colonial Surety Company and George Miltiadious. The Clerk of the Court is directed to re-open this matter. The Court will consider plaintiffs' motion for a default judgment separately. (Signed by Judge Richard J. Holwell on 8/27/08) (tro)
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Filing 29
STIPULATION OF SETTLEMENT AND ORDER FOR DISMISSAL WITHOUT PREJUDICE; The plaintiffs hereby agree to refrain from further litigation in this action against Colonial so long as Promo Pro complies with the Settlement Agreement; In the event that Promo Pro fails to comply with the Settlement Agreement, and the plaintiffs make a motion to have this action or the complaint reinstated, or otherwise refile the complaint in this action, Colonial, after having received notice of such motion or service of the refiled complaint, agrees not to object to the reinstatement of this action and the complaint; Once and if this action is reinstated, Colonials Answer, which has already been served and filed, will also be reinstated or refiled and, as a result, Colonial further agrees not to make any Motion to Dismiss the complaint; this action is hereby dismissed without prejudice. (Signed by Judge Richard J. Holwell on 1/7/08) (ae)
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Filing 28
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE; that this action shall be dismissed w/ prejudice. (Signed by Judge Richard J. Holwell on 1/7/08) (ae)
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| Filing 27 AFFIDAVIT OF SERVICE. GNV Contracting Corp. served on 12/27/2007, answer due 1/16/2008. Service was accepted by Victor Acevedo, Agent. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 26 AFFIDAVIT OF SERVICE. Marco Azevedo served on 12/28/2007, answer due 1/17/2008. Service was made by Mail. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 24 FIRST MOTION to Dismiss. Document filed by District Council No. 9. (Attachments: #1 Letter requesting consideration of signature of Stipulation of Dismissal, #2 Stipulation of Dismissal with Prejudice, #3 Stipulation of Dismissal without Prejudice)(Castro, Liam) |
| Filing 25 AMENDED COMPLAINT amending #1 Complaint, against Colonial Surety Company, Promo Pro, Ltd., George Miltiadous, GNV Contracting Corp., Marco Azevedo. Document filed by The Structural Steel Painters Annuity Fund, The Structural Steel Painters Retirement Fund-Annuity Plan, The Structural Steel Painting Industry Promotional Fund, The Painting IndustryInsurance Fund, The District Council No. 9 Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Political Action Together Fund, The International Union of Painters and Allied Trades Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Labor Management Cooperation Initiative, The International Union of Painters and Allied Trades Industry Pension Plan, District Council No. 9, Joseph Ramaglia, Bill Elfeld, The Structural Steel and Bridge Painters of Greater New York, Local Union No. 806. Related document: #1 Complaint,,,, filed by Joseph Ramaglia, The Structural Steel Painters Retirement Fund-Annuity Plan, The Structural Steel and Bridge Painters of Greater New York, Local Union No. 806, The Structural Steel Painting Industry Promotional Fund, Bill Elfeld, The International Union of Painters and Allied Trades Political Action Together Fund, The International Union of Painters and Allied Trades Labor Management Cooperation Initiative, John Strika, District Council No. 9, The Structural Steel Painters Annuity Fund, The District Council No. 9 Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Industry Pension Plan, The International Union of Painters and Allied Trades Joint Apprenticeship and Training Fund, The Painting IndustryInsurance Fund. (jco) |
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Filing 23
ORDER granting Plaintiffs' unopposed #20 Motion to Amend/Correct. SO ORDERED. (Signed by Judge Richard J. Holwell on 11/30/2007) (jmi)
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| Filing 22 AFFIDAVIT of Liam L. Castro, Esq in Support re: #20 FIRST MOTION to Amend/Correct Complaint.. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 21 FIRST MEMORANDUM OF LAW in Support re: #20 FIRST MOTION to Amend/Correct Complaint.. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 20 FIRST MOTION to Amend/Correct Complaint. Document filed by District Council No. 9.(Castro, Liam) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Liam Louis Castro to RE-FILE Document #19 FIRST MOTION to Amend/Correct the Complaint. ERROR(S): Filing Error of Attachments. Supporting documents must be filed indvidually. Event codes located under Replies, Opposition and Supporting Documents. (KA) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct The Complaint. Document filed by District Council No. 9.Return Date set for 10/19/2007 at 11:00 AM. (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Motion to Amend The Comlaint#2 Declaration of Service#3 Notice of Motion and Declaration)(Castro, Liam) Modified on 9/24/2007 (KA). |
| Filing 18 ENDORSED LETTER addressed to Judge Richard J. Holwell from Liam L. Castro dated 9/14/07 re: Plaintiff move for leave to amend section I(B0(iii)(a) of the Discovery Plan to permit plaintiffs to make a motion to amend the Complaint. ENDORSEMENT: Application Granted. (Signed by Judge Richard J. Holwell on 9/11/07) (tro) |
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Filing 17
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard J. Holwell on 7/9/2007) (jmi)
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| Set/Reset Deadlines: Motions due by 12/21/2007. Pretrial Order due by 1/18/2008. Ready for Trial by 1/18/2008. (js) |
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Filing 16
JOINT RULE 26 (f)DISCOVERY PLAN AND ORDER: Defendants Amended Pleadings due by 8/20/2007. Plaintiffs motion to amend pleadings due 8/10/07. Defendants Joinder of Parties due by 7/30/2007. Plaintiffs motion to join additional parties due 7/20/07. Both Expert and Fact Discovery due by 11/16/2007. Motions due by 12/21/2007. Pretrial Order due by 1/18/2008. Ready for Trial by 1/18/2008. A jury trial is not requested. The length of the trial should be three days. Status Conference set for 11/30/2007 at 10:00 AM before Judge Richard J. Holwell. So Ordered. (Signed by Judge Richard J. Holwell on 7/2/07) (js) Modified on 8/3/2007 (js).
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| MEMORANDUM TO THE DOCKET CLERK: The Court adopts scheduling order; Next PTC set for 11/30/07 10:00 am. Referred to MJ Pitman for settlement. (jmi) |
| Filing 15 ANSWER to Crossclaim. Document filed by Promo Pro, Ltd., George Miltiadous.(Marco, George) |
| Filing 14 ANSWER to Complaint. Document filed by Promo Pro, Ltd., George Miltiadous.(Marco, George) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent. Document filed by Promo Pro, Ltd..(Marco, George) |
| Filing 12 AFFIDAVIT OF SERVICE. GNV Contracting Corp. served on 5/23/2007, answer due 6/12/2007. Service was accepted by Maria Azevedo, Managing Agent. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 11 AFFIDAVIT OF SERVICE. Marco Azevedo served on 5/23/2007, answer due 6/12/2007. Service was made by Mail. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 10 NOTICE OF APPEARANCE by George Anthony Marco on behalf of Promo Pro, Ltd., George Miltiadous (Marco, George) |
| Filing 9 NOTICE OF APPEARANCE by George Anthony Marco on behalf of George Miltiadous (Marco, George) |
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Filing 8
ENDORSED LETTER addressed to Judge Richard J. Holwell from Liam L. Castro dated 4/17/07 re: Counsel writes to request an adjournment of the Initial Scheduling Conference. Conference adjourned to 7/2/07, Monday at 10 a.m. So Ordered. (Signed by Judge Richard J. Holwell on 4/19/07) (jco)
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| Filing 7 NOTICE OF APPEARANCE by Robert William McCann on behalf of Colonial Surety Company (McCann, Robert) |
| Filing 6 ANSWER to Complaint., CROSSCLAIM against Promo Pro, Ltd., George Miltiadous. Document filed by Colonial Surety Company.(McCann, Robert) |
| Filing 5 AFFIDAVIT OF SERVICE. Colonial Surety Company served on 4/5/2007, answer due 4/25/2007. Service was accepted by Daisy Arroyo, authorized agent. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 4 AFFIDAVIT OF SERVICE. Promo Pro, Ltd. served on 4/2/2007, answer due 4/23/2007. Service was accepted by Rosemary Tsidariv. Document filed by District Council No. 9. (Castro, Liam) |
| Filing 3 AFFIDAVIT OF SERVICE. George Miltiadous served on 4/2/2007, answer due 4/23/2007. Service was made by Mail. Document filed by District Council No. 9. (Castro, Liam) |
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Filing 2
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/26/2007 10:30 AM before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 3/30/07) (db)
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| Filing 1 COMPLAINT against Colonial Surety Company, Promo Pro, Ltd., George Miltiadous, GNV Contracting Corp., Marco Azevedo. (Filing Fee $ 350.00, Receipt Number 609095)Document filed by John Strika, The Structural Steel Painters Annuity Fund, The Structural Steel Painters Retirement Fund-Annuity Plan, The Structural Steel Painting Industry Promotional Fund, The Painting IndustryInsurance Fund, The District Council No. 9 Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Political Action Together Fund, The International Union of Painters and Allied Trades Joint Apprenticeship and Training Fund, The International Union of Painters and Allied Trades Labor Management Cooperation Initiative, The International Union of Painters and Allied Trades Industry Pension Plan, District Council No. 9, Joseph Ramaglia, Bill Elfeld, The Structural Steel and Bridge Painters of Greater New York, Local Union No. 806.(tro) Additional attachment(s) added on 3/15/2007 (Becerra, Maribel). |
| SUMMONS ISSUED as to Colonial Surety Company, Promo Pro, Ltd., George Miltiadous, GNV Contracting Corp., Marco Azevedo. (tro) |
| Case Designated ECF. (tro) |
| Magistrate Judge Henry B. Pitman is so designated. (tro) |
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