New American Restoration, Inc. v. Asbestos, Lead and Hazardous Waste Laborers, Local Union 78
Plaintiff: New American Restoration, Inc.
Counter Claimant: Asbestos, Lead and Hazardous Waste Laborers, Local Union 78
Case Number: 1:2015cv06593
Filed: August 20, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Queens
Presiding Judge: Valerie E Caproni
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 3, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2016 Opinion or Order Filing 39 JUDGMENT: The Counterclaim Defendant, New American Restoration, Inc., having failed to provide a defense to the claims brought against it in this case, it is therefore, ORDERED, ADJUDGED AND DECREED, that the Arbitration Award of Joseph Harris dated November 6, 2015 is hereby confirmed in all respects; and it is further ORDERED, ADJUDGED AND DECREED, that Counterclaimant Asbestos, Lead, & Hazardous Waste Laborers' Local 78 have judgment against New American Restoration, Inc. in the amount of $464,598.59; and it is further ORDERED, ADJUDGED AND DECREED, that interest accrue at the legal rate on the total judgment amount from the date of entry of judgment until the judgment is paid. Party Asbestos, Lead and Hazardous Waste Laborers, Local Union 78 and New American Restoration, Inc. terminated. (Signed by Judge Valerie E. Caproni on 10/3/2016) (Attachments: #1 Right to appeal attachment part 1, #2 Right to appeal attachment part 2)(mro) Modified on 10/3/2016 (mro).
September 30, 2016 Filing 38 LETTER addressed to Judge Valerie E. Caproni from Tamir Rosenblum dated 9/30/2016 Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Savci, Haluk)
September 30, 2016 Minute Entry Show Cause Hearing held on 9/30/2016. The plaintiff and defendant failed to appear in Court for the proceeding. (Brantley, Michael)
August 29, 2016 Filing 37 AFFIDAVIT OF SERVICE of Order to Show Cause served on New American Restoration, Inc. on 8/29/2016. Service was made by Mail. Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. (Savci, Haluk)
August 26, 2016 Opinion or Order Filing 36 ORDER TO SHOW CAUSE FOR ENTRY OF DEFAULT JUDGEMENT: It is hereby ORDERED, that Counterclaim Defendant New American Restoration, Inc. show cause before this Court why judgment by default should not issue against it. Show Cause Hearing set for 9/30/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (As further set forth in this Order.) In accordance with the Court's Individual Practices, Local 78 must file an affidavit demonstrating service of this Order to Show Cause on Defendant New American Restoration not later than September 16, 2016. (Signed by Judge Valerie E. Caproni on 8/25/2016) (kko)
August 5, 2016 Opinion or Order Filing 35 ORDER granting #31 Motion for Sullivan PC to Withdraw as Attorney. IT IS HEREBY ORDERED that: 1. The Firm's motion to withdraw is GRANTED. The Clerk of Court is respectfully requested to close the open motion at docket entry 31, and update the docket to reflect that Mr. Sullivan has withdrawn as counsel for New American. 2. Defendant is directed to file its motion for default judgment, in accordance with Attachment A of the Court's Individual Practices, not later than August 31, 2016. Attorney Peter Reynold Sullivan terminated. (Signed by Judge Valerie E. Caproni on 8/5/2016) (kko)
August 5, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 8/5/2016. Order to follow. (Court Reporter Vincent Bologna) (Brantley, Michael)
July 19, 2016 Filing 34 AFFIDAVIT OF SERVICE of Motion to Withdraw as Counsel served on New American on June 3, 2016. Service was accepted by Sue Zouky. Document filed by New American Restoration, Inc.. (Sullivan, Peter)
July 19, 2016 Filing 33 DECLARATION of Peter Sullivan in Support re: #31 MOTION for Sullivan PC to Withdraw as Attorney .. Document filed by New American Restoration, Inc.. (Sullivan, Peter)
July 19, 2016 Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION for Sullivan PC to Withdraw as Attorney . . Document filed by New American Restoration, Inc.. (Sullivan, Peter)
July 19, 2016 Filing 31 MOTION for Sullivan PC to Withdraw as Attorney . Document filed by New American Restoration, Inc..(Sullivan, Peter)
June 3, 2016 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #29 Letter filed by New American Restoration, Inc. re: June 10, 2016 appearance. ENDORSEMENT: The status conference previously scheduled for June 10, 2016 shall be adjourned to August 5, 2016 at 10:00 a.m., and Mr. Sullivan, or a representative of his firm, is required to appear for the conference along with a corporate representative of Plaintiff New American Restoration, Inc. SO ORDERED. (Status Conference set for 8/5/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/3/2016) (kko)
June 2, 2016 Filing 29 LETTER addressed to Judge Valerie E. Caproni from Peter Sullivan dated June 2, 2016 re: June 10, 2016 appearance. Document filed by New American Restoration, Inc..(Sullivan, Peter)
May 31, 2016 Opinion or Order Filing 28 ORDER denying without prejudice to renewal #23 Motion to Withdraw as Attorney. Counsel's Motion for Leave to Withdraw is denied without prejudice to renewal upon showing that the Motion has been served on the Plaintiff in accordance with S.D.N.Y. Local Rule 1.4. The status conference previously scheduled for June 3, 2016 shall be adjourned to June 10, 2016 at 10:00 a.m. and Mr. Sullivan, or a representative of his firm, is required to appear for the conference along with a corporate representative of Plaintiff New American Restoration, Inc. (Signed by Judge Valerie E. Caproni on 5/31/2016) (spo) Modified on 6/14/2016 (tro).
May 31, 2016 Set/Reset Hearings: Status Conference set for 6/10/2016 at 10:00 AM before Judge Valerie E. Caproni. (spo)
May 27, 2016 Filing 27 LETTER addressed to Judge Valerie E. Caproni from Peter Sullivan dated May 27, 2016 re: Joint Status Report and Status Conference. Document filed by New American Restoration, Inc..(Sullivan, Peter)
May 27, 2016 Filing 26 LETTER addressed to Judge Valerie E. Caproni from Tamir Rosenblum dated May 27 2016 re: Case Status and Conference. Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Savci, Haluk)
May 16, 2016 Filing 25 DECLARATION of Peter Sullivan in Support re: #23 MOTION for Sullivan PC to Withdraw as Attorney .. Document filed by New American Restoration, Inc.. (Sullivan, Peter)
May 16, 2016 Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION for Sullivan PC to Withdraw as Attorney . . Document filed by New American Restoration, Inc.. (Sullivan, Peter)
May 16, 2016 Filing 23 MOTION for Sullivan PC to Withdraw as Attorney . Document filed by New American Restoration, Inc..(Sullivan, Peter)
May 16, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter Reynold Sullivan to RE-FILE Document #22 MOTION for Sullivan PC to Withdraw as Attorney . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
May 11, 2016 Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sullivan PC to Withdraw as Attorney . Document filed by New American Restoration, Inc. (Attachments: #1 Memo of Law, #2 Declaration)(Sullivan, Peter) Modified on 5/16/2016 (db).
May 11, 2016 Filing 21 AFFIDAVIT OF SERVICE of Counterclaim served on New American Restoration, Inc. on 4/22/2016. Service was accepted by MaryBeth Huyck. Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. (Savci, Haluk)
April 22, 2016 Opinion or Order Filing 20 ORDER granting #4 Motion to Dismiss. For the foregoing reasons, Local 78's Motion to Dismiss is GRANTED and the New American's Petition is hereby DISMISSED. The Clerk of the Court is respectfully requested to terminate docket entry 4. Local 78's separate Counterclaim for damages, which New American opposes, will be resolved pursuant to further litigation in this action. (Signed by Judge Valerie E. Caproni on 4/22/2016) (spo)
April 19, 2016 Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by New American Restoration, Inc. ENDORSEMENT: Application GRANTED. The status conference previously set for April 22, 2016 shall be adjourned to June 3, 2016 at 10:00 a.m. The parties pre-conference submission shall be due May 27, 2016. (Status Conference set for 6/3/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/19/2016) (cf)
April 14, 2016 Filing 18 LETTER addressed to Judge Valerie E. Caproni from Peter Sullivan dated April 14, 2016 re: adjournment of status conference. Document filed by New American Restoration, Inc..(Sullivan, Peter)
March 8, 2016 Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. ENDORSEMENT: The parties are directed to appear before the Court for a status conference on Friday, April 22, 2016 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. By April 15, 2016, the parties shall file a joint submission informing the Court of their respective positions regarding a pretrial schedule. (Status Conference set for 4/22/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/8/2016) (cf)
March 7, 2016 Filing 16 LETTER addressed to Judge Valerie E. Caproni from Tamir Rosenblum dated 3/7/2016 Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Savci, Haluk)
February 25, 2016 Filing 15 ANSWER to #14 Counterclaim. Document filed by New American Restoration, Inc..(Sullivan, Peter)
January 28, 2016 Filing 14 COUNTERCLAIM against New American Restoration, Inc..Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Rosenblum, Tamir)
January 14, 2016 Filing 13 MEMO ENDORSEMENT on re: #12 Letter filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. ENDORSEMENT: Application GRANTED. Respondent shall file its counterclaim to enforce the arbitrator's damages award not later than January 29, 2016. (Signed by Judge Valerie E. Caproni on 1/14/2016) (spo)
January 13, 2016 Filing 12 LETTER addressed to Judge Valerie E. Caproni from Tamir Rosenblum dated 1/13/2016 Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Savci, Haluk)
December 22, 2015 Filing 11 MEMO ENDORSEMENT on re: #10 Letter filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. ENDORSEMENT: By December 29, 2015, Petitioner is directed to respond to Respondent's request for leave to file a counter-claim, as described herein. (Signed by Judge Valerie E. Caproni on 12/22/2015) (tn)
December 21, 2015 Filing 10 LETTER addressed to Judge Valerie E. Caproni from Tamir Rosenblum dated 12/21/2015 Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Savci, Haluk)
October 15, 2015 Filing 9 MEMO ENDORSEMENT on re: #8 Letter re: Adjournment of IC, filed by New American Restoration, Inc. ENDORSEMENT: The Initial Pretrial Conference previously scheduled for October 16, 2015 shall be adjourned sine die pending the Court's decision on Defendant's Motion to Dismiss. (Signed by Judge Valerie E. Caproni on 10/15/2015) (spo)
October 13, 2015 Filing 8 FIRST LETTER addressed to Judge Valerie E. Caproni from Sullivan PC dated October 13, 2015 re: Adjournment of IC. Document filed by New American Restoration, Inc..(Sullivan, Peter)
October 2, 2015 Filing 7 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Dismiss . . Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. (Rosenblum, Tamir)
September 25, 2015 Filing 6 FIRST MEMORANDUM OF LAW in Opposition re: #4 MOTION to Dismiss . . Document filed by New American Restoration, Inc.. (Sullivan, Peter)
September 11, 2015 Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Dismiss . . Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. (Rosenblum, Tamir)
September 11, 2015 Filing 4 MOTION to Dismiss . Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78.(Rosenblum, Tamir)
September 10, 2015 Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/16/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/10/2015) (spo)
August 21, 2015 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tamir W Rosenblum. The party information for the following party/parties has been modified: Asbestos, Lead and Hazardous Waste Laborers, Local Union 78, New American Restoration, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (dgo)
August 21, 2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tamir W Rosenblum. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the Other Court Name has been modified to Supreme Court of the State of New York, County of New York; the Other Court Number has been modified to 652843/2015; the County code has been modified to Queens;. (dgo)
August 21, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
August 21, 2015 Case Designated ECF. (dgo)
August 21, 2015 Magistrate Judge Kevin Nathaniel Fox is so designated. (dgo)
August 20, 2015 Filing 2 CIVIL COVER SHEET filed. (Rosenblum, Tamir)
August 20, 2015 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652843/2015. (Filing Fee $ 400.00, Receipt Number 0208-11298881).Document filed by Asbestos, Lead and Hazardous Waste Laborers, Local Union 78. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Rosenblum, Tamir)

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Plaintiff: New American Restoration, Inc.
Represented By: Peter Reynold Sullivan
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Counter claimant: Asbestos, Lead and Hazardous Waste Laborers, Local Union 78
Represented By: Tamir W Rosenblum
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