District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O. v. Phoenix Interior Contracting Co., Inc.
Petitioner: District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.
Respondent: Phoenix Interior Contracting Co., Inc. a/k/a Phoenix Interior Contracting, Phoenix Interior Contracting Co., Inc. and Phoenix Interior Contracting
Case Number: 1:2019cv11358
Filed: December 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 185
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2020 Filing 17 CERTIFICATE OF SERVICE of Judgment served on Phoenix Interior Contracting Co. Inc a/k/a Phoenix Interior Contracting on 1/28/2020. Service was made by MAIL. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Kugielska, Lauren)
January 27, 2020 Opinion or Order Filing 16 JUDGMENT. It is, ORDERED, ADJUDGED AND DECREED: that the Petitioner has judgment against Respondent in the liquidated amount of Forty Eight Thousand Ninety Six Dollars ($48,096.00), which includes the following: Decision and Award of the Joint Trade Committee amount due and owing in the sum of $44,000.00, attorney's fees in the sum of $3,630.00 and court costs and disbursements in the sum of $466.00. ORDERED, that the Judgment rendered by the Court on this day in favor of the Petitioners be entered as a final judgment against the Respondent and the Clerk of the Court is directed to enter such judgment forthwith. Petitioner is directed to serve a copy of this Order on Respondent by overnight courier within two business days of the date of this Order, and file proof of service within one business day of service. The Clerk of Court is directed to close the case. So Ordered. (Signed by Judge Jesse M. Furman on 1/27/20) (yv)
January 24, 2020 Filing 15 LETTER addressed to Judge Jesse M. Furman from Lauren M. Kugielska dated 1/24/2020 re: Memorandum Opinion and Order (ECF. No. 10). Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O..(Kugielska, Lauren)
January 24, 2020 Filing 14 AFFIRMATION of Lauren Kugielska in Support re: #13 Proposed Judgment. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Kugielska, Lauren)
January 24, 2020 Filing 13 PROPOSED JUDGMENT. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Kugielska, Lauren)
January 24, 2020 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Extension of Time. Application GRANTED. Plaintiff shall file the proposed judgment by January 28, 2020. The Clerk of Court is directed to terminate ECF No. 11. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/24/20) (yv)
January 23, 2020 Filing 11 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Lauren M. Kugielska dated 1/23/2020. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O..(Kugielska, Lauren)
January 22, 2020 Opinion or Order Filing 10 MEMORANDUM OPINION AND ORDER: Accordingly, the Court grants Petitioner's unopposed petition to confirm the entire Award. Petitioner is directed to file its Proposed Judgment electronically, using the ECF Filing Event "Proposed Judgment," by no later than January 24, 2020. (Signed by Judge Jesse M. Furman on 1/22/2020) (jwh)
January 13, 2020 Filing 9 CERTIFICATE OF SERVICE of Court's Order served on Phoenix Interior Contracting on January 13, 2020. Service was made by Mail. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Kugielska, Lauren)
December 18, 2019 Filing 8 AFFIDAVIT OF SERVICE of Summons and Petition served on Phoenix Interior Contracting Co., Inc. on December 13, 2019. Service was accepted by Amy Lesch. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Kugielska, Lauren)
December 16, 2019 Set/Reset Deadlines: Responses due by 1/20/2020 Replies due by 2/3/2020. (kv)
December 16, 2019 Opinion or Order Filing 7 ORDER: Accordingly, it is hereby ORDERED that Petitioner shall file and serve any additional materials with which it intends to support its petition to confirm by January 6, 2020. Respondent's opposition, if any, is due on January 20, 2020. Petitioner's reply, if any, is due February 3, 2020. Petitioner shall serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight mail no later than January 6, 2020, and shall file an affidavit of such service with the Court no later than January 7, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/16/2019) (kv)
December 13, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Phoenix Interior Contracting Co., Inc.. (jgo)
December 13, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren Michelle Kugielska. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 720 (Labor: Labor/Mgt. Relations);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 791 (Labor: E.R.I.S.A.);. (jgo)
December 13, 2019 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
December 13, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren Michelle Kugielska. The party information for the following party/parties has been modified: Phoenix Interior Contracting Co., Inc.. The information for the party/parties has been modified for the following reason/reasons: alias was entered incorrectly. (jgo)
December 13, 2019 Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
December 13, 2019 Case Designated ECF. (jgo)
December 12, 2019 Filing 5 CIVIL COVER SHEET filed. (Kugielska, Lauren)
December 12, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O..(Kugielska, Lauren)
December 12, 2019 Filing 3 DECLARATION of Lauren Kugielska in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Attachments: #1 Exhibit A- Decision and Award, #2 Exhibit B-CBA, #3 Exhibit C-Demand for Arbitration, #4 Exhibit D-Cover Letter enclosing Decision, #5 Exhibit E- Demand Letter)(Kugielska, Lauren)
December 12, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Phoenix Interior Contracting Co., Inc. a/k/a Phoenix Interior Contracting, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Kugielska, Lauren)
December 12, 2019 Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-18266783).Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.. (Attachments: #1 Exhibit A-1 Memorandum of Law)(Kugielska, Lauren)

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Petitioner: District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O.
Represented By: Lauren Michelle Kugielska
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Respondent: Phoenix Interior Contracting Co., Inc. a/k/a Phoenix Interior Contracting
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