Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Minelli Construction Co., Inc. et al
| Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation and Trustees of the New York City District Council of Carpenters Relief and Charity Fund |
| Minelli Construction Co., Inc. and Fidelity And Deposit Company of Maryland |
| 1:2019cv07995 |
| August 27, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
AFFIDAVIT OF SERVICE of Proposed Order to Show Cause without Emergency Relief, the Declaration of Nicole Marimon in Support of the Proposed Order to Show Cause without Emergency Relief, the Statement of Damages, the Proposed Default Judgement, and the Order to Show Cause without Emergency Relief signed by Judge Schofield served on Minelli Construction Co., Inc. on October 22, 2019. Service was made by First-Class and Certified Mail. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole)
|
|
Filing 31
ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF: UPON the declaration of Nicole Marimon, Esq., dated October 18, 2019, and upon all pleadings and proceedings heretofore had herein, let Defendant Minelli Construction Co., Inc., Inc., appear before the Honorable Lorna G. Schofield, United States District Court Judge, at the United States Courthouse, Southern District of New York, located at 40 Foley Square, Courtroom 1106, New York, New York, 10007, on November 7, 2019 at 10:40 a.m. or as soon thereafter as the parties can be heard, to show cause why a Default Judgment and Order should not be entered against Minelli Construction Co., Inc. and in favor of Plaintiffs, and awarding Plaintiffs an order declaring that Minelli Construction Co., Inc. violated the collective bargaining agreement by failing to timely remit all contributions and dues required under the collective bargaining agreement and that it is therefore liable for payment of the contributions, dues, and associated damages sought in this action, and ordering Minelli Construction Co., Inc. to pay the Plaintiffs $613,227.28, consisting of the revised principal deficiency contained in the Audit of $2,612.96; interest thereon of $479.90; liquidated damages thereon of $522.59; audit costs of $2,850; contributions owed on the LaGuardia Project of $472,788.60; interest thereon of $19,593.49; liquidated damages of $94,557.72; dues checks offs of $13,373.20; and attorneys' fees and costs incurred in the action of $6,448.82. Plaintiffs shall serve a copy of this Order, together with the underlying papers upon which this order is granted, on Minelli Construction Co. Inc. and file proof of such service on ECF by October 31, 2019, courtesy copies of all papers shall be sent to Chambers the same day they are filed. Show Cause Hearing set for 11/7/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/22/2019) (kv)
|
| Filing 30 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 29 ANSWER to #1 Complaint,,. Document filed by Fidelity And Deposit Company of Maryland.(Katz, Steven) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Zurich American Insurance Company, Other Affiliate Zurich Holding Company of America, Inc., a Delaware corporation, Other Affiliate Zurich Financial Services, Ltd., Other Affiliate Zurich Insurance Company Ltd., a Swiss corporation for Fidelity And Deposit Company of Maryland. Document filed by Fidelity And Deposit Company of Maryland.(Katz, Steven) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #30 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Nicole Marimon to RE-FILE Document No. #27 Proposed Default Judgment. The filing is deficient for the following reason(s): The title of the document needs to be changed to a default judgment. Please remove the word Order from the title and re-file the document. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #24 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 10/21/2019 (km). |
| Filing 26 STATEMENT OF DAMAGES. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund.(Marimon, Nicole) |
| Filing 25 DECLARATION of Nicole Marimon, Esq. in Support re: #24 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Attachments: #1 Complaint, #2 Affidavit of Service, #3 Certificate of Default, #4 CBA, #5 Signature Page, #6 CBA Extension, #7 Letter of Assent, #8 PLA, #9 CBA 2011-2015, #10 Collection Policy, #11 Original Audit, #12 Revised Audit, #13 Calculation Breakdowns, #14 Shop Steward Reports One, #15 Shop Steward Reports Two, #16 Union Dues, #17 History Bill)(Marimon, Nicole) |
| Filing 24 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 NOTICE OF APPEARANCE by Steven Stuart Katz on behalf of Fidelity And Deposit Company of Maryland. (Katz, Steven) |
|
Filing 22
ORDER: It is hereby ORDERED that the October 17, 2019, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 10/15/2019) (ks)
|
|
Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). This case is not to be tried to a jury. Amended Pleadings due by 12/16/2019. Joinder of Parties due by 12/16/2019. Deposition due by 1/17/2020. Fact Discovery due by 2/14/2020. Pre-Motion Conference set for 3/5/2020 at 10:40 AM before Judge Lorna G. Schofield. Counsel for the parties have conferred and their present best estimate of the length of trial is 2 days. (Signed by Judge Lorna G. Schofield on 10/15/2019) (ks)
|
| Filing 20 JOINT LETTER addressed to Judge Lorna G. Schofield from Nicole Marimon and Steven S. Katz dated October 15, 2019 re: information requested in advance of initial conference and proposed case management plan. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit Exhibit A)(Marimon, Nicole) |
|
Filing 19
ORDER: WHEREAS, the initial pre-trial conference is scheduled for October 17, 2019, at 10:40 a.m.; WHEREAS, the parties failed to file their joint letter and proposed Case Management Plan and Scheduling Order by October 10, 2019, as required by this Court's Order (Dkt. Nos. 7). It is hereby ORDERED that the parties shall file their joint letter and proposed Case Management Plan and Scheduling Order as soon as possible, and in any event no later than October 15, 2019 at 10:00 a.m. (Signed by Judge Lorna G. Schofield on 10/11/2019) (mml)
|
| Filing 18 CLERK'S CERTIFICATE OF DEFAULT as to Minelli Construction Co., Inc. (km) |
| Filing 17 DECLARATION of Nicole Marimon, Esq. in Support re: #16 Proposed Clerk's Certificate of Default,,. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 15 DECLARATION of Nicole Marimon, Esq. in Support re: #14 Proposed Clerk's Certificate of Default,,. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) |
| Filing 14 FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/10/2019 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Nicole Marimon. RE-FILE Document No. #14 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Does not list the name of the person that was personally served, it was not personally served on Defendant it was personally served on Sue Zouky, Authorized person, in the office of the New York Secretary of State. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. Make the above changes, before re-filing, then re-file the Declaration in Support of the New Clerk's certificate of Default. (dt) |
|
Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer. Application GRANTED. The application is untimely but is nevertheless granted. Defendant Fidelity and Deposit Company of Maryland shall answer or otherwise respond to the complaint by October 23, 2019. If Defendant Minelli Construction Co., Inc. continues to fail to appear in this action, Plaintiffs shall move for default judgment pursuant to Attachment A of this Court's Individual Rules by October 19, 2019. Fidelity And Deposit Company of Maryland answer due 10/23/2019 (Signed by Judge Lorna G. Schofield on 10/9/2019) (cf)
|
| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Lorna G. Schofield from Jonathan Bondy dated 10/08/2019. Document filed by Fidelity And Deposit Company of Maryland. (Attachments: #1 Text of Proposed Order)(Bondy, Jonathan) |
|
Filing 11
MEMO ENDORSEMENT on PROPOSED STIPULATION AND ORDER EXTENDING TIME TO ANSWER. ENDORSEMENT: It is ORDERED that Defendant Fidelity and Deposit Company of Maryland shall file a letter motion for extension pursuant to Individual Rule I.B.2. (Signed by Judge Lorna G. Schofield on 10/7/2019) (mro)
|
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Fidelity And Deposit Company of Maryland. (Bondy, Jonathan) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE of Summons, Complaint, Rule 7.1 Statement served on Fidelity and Deposit Company of Maryland on September 6, 2019. Service was accepted by New York State Department of Financial Services. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) |
| Filing 8 AFFIDAVIT OF SERVICE of Order and Judge Schofield's Individual Rules and Procedures served on Minelli Construction Co., Inc. and Fidelity and Deposit Company of Maryland on September 9, 2019. Service was made by MAIL. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) |
|
Filing 7
ORDER: Initial Conference set for 10/17/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/6/2019) (kv)
|
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Minelli Construction Co., Inc. served on 8/29/2019, answer due 9/19/2019. Service was accepted by Sue Zouky, an authorized person in the Corporate Division of the Department of State and empowered to receive such service. Document filed by Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund ; The New York City District Council of Carpenters; The New York City and Vicinity Carpenters Labor-Management Corporation; Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Fidelity And Deposit Company of Maryland, Minelli Construction Co., Inc.. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund.(Marimon, Nicole) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Minelli Construction Co., Inc. and Fidelity and Deposit Company of Maryland, re: #1 Complaint,,. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund. (Marimon, Nicole) |
| Filing 2 CIVIL COVER SHEET filed. (Marimon, Nicole) |
| Filing 1 COMPLAINT against Fidelity And Deposit Company of Maryland, Minelli Construction Co., Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17498267)Document filed by Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City District Council of Carpenters Relief and Charity Fund.(Marimon, Nicole) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Minelli Construction Co., Inc. et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund | |
| Represented By: | Nicole Marimon |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: The New York City District Council of Carpenters | |
| Represented By: | Nicole Marimon |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: The New York City and Vicinity Carpenters Labor-Management Corporation | |
| Represented By: | Nicole Marimon |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Trustees of the New York City District Council of Carpenters Relief and Charity Fund | |
| Represented By: | Nicole Marimon |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Minelli Construction Co., Inc. | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Fidelity And Deposit Company of Maryland | |
| Represented By: | Steven Stuart Katz |
| Represented By: | Jonathan S Bondy |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
