Building Service 32BJ Health Fund et al v. FMC Services Inc.
| Building Service 32BJ Health Fund and Building Service 32BJ Pension Fund |
| FMC Services Inc. |
| 1:2018cv11674 |
| December 13, 2018 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 AFFIDAVIT OF SERVICE of Order to Show Cause with supporting documents served on FMC Services Inc. on 2/1/2019. Service was accepted by Katrina Harris, Managing Agent. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) |
| Filing 19 AFFIDAVIT OF SERVICE of Order to Show Cause with supporting documents served on FMC Services Inc. on 2/1/2019. Service was made by Mail. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) |
Filing 18
ORDER TO SHOW CAUSE: ORDERED that Defendant FMC SERVICES, INC. appear to show cause before a motion term of this Court, in Courtroom 618, United States Courthouse, 40 Foley Square, in the City, County and State of New York, on Tuesday, February 26, 2019, at 5:00 p.m., or as soon thereafter as counsel may be heard, why a judgment of default should not be entered pursuant to Rule 55 of the Federal Rules of Civil Procedure against that Defendant, in the amount of $10,054.00 in delinquent benefit contributions, along with interest in the amount of $4,288.15, and liquidated damages in the amount of $2,010.80, attorney's fees in the amount of $1,462.50, and costs of $598.00 for a total judgment of $18,413.45 plus interest at the statutory rate in effect on the date of judgment. It is further ORDERED that service of a copy of this ORDER TO SHOW CAUSE and annexed affirmation and exhibits upon the Defendants on or before 5:00 p.m. on Thursday, February 7, 2019, (1) by way of certified mail at their last known place of business at 630 Churchmans Road, No. 106, Newark, Delaware 19702, and (2) by personal service of FMC Services Inc. through the Delaware Secretary of State, shall be deemed good and sufficient service; and it is further ORDERED that any opposition by Defendants be filed with this Court on or before 5:00 p.m. on Monday, February 18, 2019; and it is further ORDERED that any reply papers by Plaintiffs be filed with this Court on or before 5:00 p.m. on Monday, February 25, 2019; and it is further ORDERED that the Defendants are advised that failure to respond to the Order to Show Cause may be grounds for the granting of a default judgment against them, in which event the defendants will have no trial; and it is further ORDERED that the Plaintiffs shall file proof of service of this Order to Show Cause by February 8, 2019; courtesy copies of all papers shall be sent to Chambers on the same day they are filed. (Show Cause Hearing set for 2/26/2019 at 05:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Replies due by 2/25/2019. Show Cause Response due by 2/18/2019.) (Signed by Judge Katherine Polk Failla on 1/31/2019) Copies Mailed By Chambers. (rro)
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| Filing 17 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 16 FILING ERROR - DEFICIENT DOCUMENT - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 1/31/2019 (km). |
| Filing 15 STATEMENT OF DAMAGES. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund.(Bloom, Samuel) |
| Filing 14 DECLARATION of Samuel Bloom in Support re: #13 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bloom, Samuel) |
| Filing 13 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Samuel Bloom to RE-FILE Document No. #16 Proposed Default Judgment. The filing is deficient for the following reason(s): The document needs to be labeled a default judgment. Please correct and re-file document. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #17 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Samuel Bloom in Support re: #11 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bloom, Samuel) Modified on 1/30/2019 (km). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Attachments: #1 Text of Proposed Order Proposed Default Judgment, #2 Exhibit Copy of Pleadings, #3 Exhibit Affidavit of Service of Summons and Complaint, #4 Exhibit Certificate of Default) (Bloom, Samuel) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/30/2019 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Samuel Bloom to RE-FILE Document No. #11 Proposed Order to Show Cause Without Emergency Relief #12 Affidavit in Support. The filings are deficient for the following reason(s): the PDFs attached to the docket entries for the proposed order and affidavit are not correct. The documents all need to be filed as separate entries. Re-file the document using the event type Proposed Order to Show Cause without Emergency Relief found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. A declaration in Support needs to be filed as a separate entry. Filed under Other Answers, Declaration in Support of a non-motion. The Statement of damages needs to be filed separately also (filed under other Filings, Other Documents, Statement of Damages. The proposed default judgment also needs to be filed separately. (Filed under Other Filings, Proposed Orders, Proposed Default Judgment). (km) |
| Filing 10 CLERK'S CERTIFICATE OF DEFAULT as to FMC Services Inc., issued on January 29, 2019. (dt) (Main Document 10 replaced on 1/29/2019) (dt). (Main Document 10 replaced on 1/29/2019) (dt). (Main Document 10 replaced on 1/29/2019) (dt).CLERK'S CERTIFICATE OF DEFAULT as to FMC Services Inc., issued on January 29, 2019. (dt) . |
| Filing 9 AFFIDAVIT of Samuel Bloom in Support re: #8 Proposed Clerk's Certificate of Default,. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) |
| Filing 8 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/26/2019 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla; and as further set forth herein. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/11/2019) (anc)
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| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. FMC Services Inc. served on 12/27/2018, answer due 1/17/2019. Service was accepted by Laura Govanni, Process Manager. Document filed by Building Service 32BJ Health Fund; Building Service 32BJ Pension Fund. (Bloom, Samuel) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to FMC Services Inc.. (dnh) |
| Filing 4 CIVIL COVER SHEET filed. (Bloom, Samuel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Samuel Bloom to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; There was no Nature of Suit selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Samuel Bloom. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to FMC Services Inc., re: #1 Complaint. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund. (Bloom, Samuel) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Bloom, Samuel) Modified on 12/20/2018 (dnh). |
| Filing 1 COMPLAINT against FMC Services Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16054676)Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund.(Bloom, Samuel) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Samuel Bloom to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 12/19/2018. (pne) |
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