Building Service 32BJ Health Fund v. Motivated Security Services, Inc.
| Building Service 32BJ Health Fund |
| Motivated Security Services, Inc. |
| 1:2019cv08310 |
| September 6, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| 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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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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Filing 19
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/4/19) (yv)
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| Filing 18 LETTER addressed to Judge Jesse M. Furman from Samuel Bloom dated 12/3/2019 re: Request to Dismiss without prejudice with leave to reopen. Document filed by Building Service 32BJ Health Fund.(Bloom, Samuel) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 11/26/2019. Samuel Bloom present for Plaintiff. Charles Kaplan present for Defendant. (ab) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Motivated Security Services, Inc..(Kaplan, Charles) |
| Filing 16 NOTICE OF APPEARANCE by Charles Henry Kaplan on behalf of Motivated Security Services, Inc.. (Kaplan, Charles) |
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions due by 12/26/2019. All Fact Discovery due by 2/21/2020. The next Pretrial Conference set for 2/24/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimated of the length of trial is 1-2 days. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/26/2019) (ama)
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Filing 14
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. The parties are directed to contact the chambers of Magistrate Judge Fox no later than December 13, 2019, to schedule a settlement conference to take place no later than two weeks before the pretrial conference scheduled for February 24, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/26/2019) (ama)
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| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Building Service 32BJ Health Fund. (Bloom, Samuel) |
| Filing 12 LETTER addressed to Judge Jesse M. Furman from Samuel Bloom dated 11/25/2019 re: Status Letter. Document filed by Building Service 32BJ Health Fund.(Bloom, Samuel) |
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Filing 11
REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the initial pretrial conference in this matter, previously scheduled for November 26, 2019, at 4:30 p.m. is RESCHEDULED for the same date, at 4:00p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties are hereby ORDERED to file the joint letter and Civil Case Management Plan and Scheduling order no later than Monday, November 25, 2019, or sanctions may be imposed. SO ORDERED. (Initial Conference set for 11/26/2019 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/22/19) (yv)
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #1 Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 9. SO ORDERED. (Motivated Security Services, Inc. answer due 12/4/2019.) (Signed by Judge Jesse M. Furman on 11/5/19) (yv)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Samuel Bloom dated 11/4/2019. Document filed by Building Service 32BJ Health Fund.(Bloom, Samuel) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #1 Complaint. The deadline for Defendant to answer or otherwise respond to the Complaint is hereby EXTENDED to November 5, 2019. Counsel for Plaintiff shall promptly serve this letter on Defendant and file proof of such service, and counsel for Defendant shall promptly enter a notice of appearance in this case. The Clerk of Court is directed to terminate ECF No. 7. Motivated Security Services, Inc. answer due 11/5/2019. (Signed by Judge Jesse M. Furman on 9/27/2019) (ne)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #6 Affidavit of Service Complaints addressed to Judge Jesse M. Furman from Samuel Bloom dated 9/27/2019. Document filed by Building Service 32BJ Health Fund.(Bloom, Samuel) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Motivated Security Services, Inc. served on 9/10/2019, answer due 10/1/2019. Service was accepted by Arthur Boch, CFO. Document filed by Building Service 32BJ Health Fund. (Bloom, Samuel) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on November 26, 2019 at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. In accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. (Initial Conference set for 11/26/2019 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/11/19) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Motivated Security Services, Inc.. (jgo) |
| ***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); Fee Date 9/6/2019;. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid); the Fee Date has been modified to 9/9/2019;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Motivated Security Services, Inc., re: #1 Complaint. Document filed by Building Service 32BJ Health Fund. (Bloom, Samuel) |
| Filing 2 CIVIL COVER SHEET filed. (Bloom, Samuel) |
| Filing 1 COMPLAINT against Motivated Security Services, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17564582)Document filed by Building Service 32BJ Health Fund.(Bloom, Samuel) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Samuel Bloom. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***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 9/16/2019. (jgo) |
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| Plaintiff: Building Service 32BJ Health Fund | |
| Represented By: | Samuel Bloom |
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| Defendant: Motivated Security Services, Inc. | |
| Represented By: | Charles Henry Kaplan |
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