Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Genrus Corp.
| Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund |
| Genrus Corp. |
| Trustees Of The New York City Carpenters Relief and Charity Fund, The New York City and Vicinity Carpenters Labor-Management Corporation and New York City District Council of Carpenters |
| 1:2017cv02193 |
| March 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S Broderick |
| Barbara C Moses |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| None |
Docket Report
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| Filing 13 CLERK'S JUDGMENT re: #12 Order Adopting Report and Recommendations. in favor of New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund against Genrus Corp. in the amount of $ 44,224.77. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 20, 2019, Magistrate Judge Barbara C. Moses Report and Recommendation dated October 23, 2018, is adopted, in its entirety; the arbitration award requiring Respondent to pay Petitioners $38,284.50, plus simple interest to accrue at a rate of 5.75% from January 28, 2017, the date of the award until the date of judgment in the amount of $5,090.27, is affirmed; Petitioners are entitled to attorneys' fees and costs in the amount of $850.00; Petitioner are also entitled to post-judgment interest at the rate provided for by 28 U.S.C. 1961, from the date of judgment until it is paid; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/22/2019) (Attachments: #1 Notice of Right to Appeal)(dt) (Main Document 13 replaced on 5/22/2019) (dt). |
Filing 12
ORDER for #10 Report and Recommendations. I have reviewed Judge Moses's Report and Recommendation for clear error and find none. Accordingly, I hereby ADOPT the Report and Recommendation, (Doc. 10), in its entirety. The arbitration award requiring Respondent to pay Petitioners $38,284.50, plus simple interest to accrue at a rate of 5.75% from the date of the award until the date of judgment, is affirmed. Petitioners are entitled to attorneys' fees and costs in the amount of $850.00. Petitioners are also entitled to post-judgment interest at the rate provided for by 28 U.S.C. 1961, from the date of entry of judgment until it is paid. The Clerk of Court is respectfully directed to enter judgment accordingly and close the case. (Signed by Judge Vernon S. Broderick on 5/20/2019) (rro) Transmission to Orders and Judgments Clerk for processing.
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| Filing 11 NOTICE OF APPEARANCE by Nicole Marimon on behalf of New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Marimon, Nicole) |
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Filing 10
REPORT AND RECOMMENDATION TO THE HONORABLE VERNON S. BRODERICK re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, filed by New York City District Council of Carpenters, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, The New York City and Vicinity Carpenters Labor-Management Corporation. For the foregoing reasons, I respectfully recommend that the Award be CONFIRMED and that the Clerk of Court be directed to enter judgment against Genrus in the amount of the Award, which was $38,284.50, plus (a) simple interest at the annual rate of 5.75% from January 28, 2017, through the date of judgment, (b) attorneys' fees and costs in the amount of $850.00, and (c) post-judgment interest, at the rate provided for by 28 U.S.C. 1961, from the date of the entry of judgment until it is paid. (As further set forth in this Order.) Objections to R&R due by 11/6/2018 (Signed by Magistrate Judge Barbara C. Moses on 10/23/2018) (cf) Modified on 3/13/2019 (cf).
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Filing 9
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Vernon S. Broderick on 7/5/2017) (rj)
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| Filing 8 LETTER addressed to Judge Vernon S. Broderick from Todd Dickerson dated June 27, 2017 re: Unopposed Petition. Document filed by New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund.(Dickerson, Todd) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, served. Genrus Corp. served on 5/18/2017, answer due 6/8/2017. Service was accepted by Ms. Clarke. Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund ; New York City District Council of Carpenters; The New York City and Vicinity Carpenters Labor-Management Corporation; Trustees Of The New York City Carpenters Relief and Charity Fund. (Dickerson, Todd) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Genrus Corp. (kl) |
| Case Designated ECF. (kl) |
| Magistrate Judge Barbara C. Moses is so designated. (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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. (kl) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Genrus Corp., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
| Filing 4 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, - TO CONFIRM. Document filed by New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund.(Dickerson, Todd) |
| Filing 2 CIVIL COVER SHEET filed. (Dickerson, Todd) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number 0208-13468556).Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order and Judgment, Exhibit J)(Dickerson, Todd) |
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| Plaintiff: Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund | |
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| Defendant: Genrus Corp. | |
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| Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Nicole Marimon |
| Represented By: | Todd Dickerson |
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| Petitioner: The New York City and Vicinity Carpenters Labor-Management Corporation | |
| Represented By: | Nicole Marimon |
| Represented By: | Todd Dickerson |
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| Petitioner: New York City District Council of Carpenters | |
| Represented By: | Nicole Marimon |
| Represented By: | Todd Dickerson |
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