Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. Falcon & Sons Corp.
| Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO |
| Falcon & Sons Corp. |
| 1:2020cv10113 |
| December 2, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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Filing 17
JUDGMENT: It is hereby ORDERED, ADJUDGED, AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order date January 28, 2021, Petition's application for enforcement of an arbitration award, (ECF Nos. 1, 4, & 11), seeking an order and judgment confirming the arbitration award is granted as follow: (i) confirming the Arbitration Award if the Joint Trade Board in its entirety; and (ii) granting Petitioner judgment against Respondent in the liquidated amount of $10, 173.00, which includes the following: amount due, pursuant to the Arbitration Award in the sum of $7,00; attorney's fees in the sum of the $2,700.00; and court costs and disbursements in the sum of $473.00; accordingly, this case is closed. (Signed by Judge Jesse M. Furman on 1/29/2021) (nb) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 16 PROPOSED JUDGMENT. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
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Filing 15
MEMORANDUM OPINION AND ORDER: Accordingly, the Court grants Petitioner's unopposed petition to confirm the entire Award. Petitioner is directed to file their Proposed Judgment electronically, using the ECF Filing Event Proposed Judgment, by February 4, 2021. (Signed by Judge Jesse M. Furman on 1/28/2021) (nb)
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| Filing 14 CERTIFICATE OF SERVICE of Court Order served on Falcon & Sons Corp. on 1/13/2021. Service was made by MAIL. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
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Filing 13
ORDER: In light of the fact that Petitioner did not serve Respondent with the Court's prior Scheduling Order until January 7, 2021, see ECF No. 10, the Court is obliged to set a new briefing schedule that affords Respondent a meaningful opportunity to be heard. It is hereby ORDERED that Respondent's opposition to the petition to confirm an arbitration award, if any, is due by January 27, 2021. Petitioners reply, if any, is due by February 3, 2021. This Order supersedes the Courts prior Scheduling Order at ECF No. 7. Petitioner shall serve this Order upon respondent electronically and by overnight mail no later than January 13, 2021, and shall file an affidavit of such service with the Court no later than January 14, 2021. SO ORDERED. (Responses due by 1/27/2021, Replies due by 2/3/2021.) (Signed by Judge Jesse M. Furman on 1/11/2021) (jca)
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| Filing 12 CERTIFICATE OF SERVICE of Affirmation in Support of Attorney's fees & cost served on Falcon & Sons Corp. on 1/8/2021. Service was made by MAIL. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
| Filing 11 AFFIRMATION of Lauren Kugielska in Support re: #7 Order,,, Set Deadlines,,. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO. (Attachments: #1 Exhibit A-Invoice).(Kugielska, Lauren) |
| Filing 10 CERTIFICATE OF SERVICE of Court Orders served on Falcon & Sons Corp. on 1/5/2021. Service was made by MAIL. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
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Filing 9
ORDER: Petitioner has not filed proof of service of the December 3rd Order itself. The Court extends Petitioner's deadline to file proof of such service nunc pro tunc to January 8, 2021. Additionally, Petitioner contends in its memorandum of law that it is "entitled to payment of [its] attorneys' fees and costs incurred in bringing this petition." ECF No. 1-1, at 5. Petitioner shall file contemporaneous billing records and any other relevant documentation in support of its application for fees and costs no later than January 8, 2021, or alternatively, advise the Court that it has abandoned its application for fees and costs. (Signed by Judge Jesse M. Furman on 1/5/2021) (jwh)
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| Filing 8 AFFIDAVIT OF SERVICE of Petition and Summons served on Falcon & Sons Corp. on 12/4/2020. Service was accepted by Sue Zouky. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
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Filing 7
ORDER, It is hereby ORDERED that Petitioner shall file and serve any additional materials with which they intend to support their petition to confirm by December 17, 2020. Respondents' opposition, if any, is due on January 4, 2021. Petitioners' reply, if any, is due January 11, 2021. Petitioner shall serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight mail no later than December 17, 2020, and shall file an affidavit of such service with the court no later than December 18, 2020. SO ORDERED. ( Responses due by 1/4/2021, Replies due by 1/11/2021.) (Signed by Judge Jesse M. Furman on 12/3/20) (yv)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Falcon & Sons Corp...(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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| 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..(dnh) |
| Case Designated ECF. (dnh) |
| Filing 5 CIVIL COVER SHEET filed..(Kugielska, Lauren) |
| Filing 4 DECLARATION of Lauren Kugielska in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO. (Attachments: #1 Exhibit A-Decision & Award, #2 Exhibit B-Trade Agreement, #3 Exhibit C-CBA, #4 Exhibit D-Demand for Arbitration, #5 Exhibit E-Decision Cover Letter, #6 Exhibit F-Demand Letter).(Kugielska, Lauren) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Falcon & Sons Corp., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-22850149).Document filed by Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO. (Attachments: #1 Exhibit A-1 Memorandum of Law).(Kugielska, Lauren) |
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| Petitioner: Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO | |
| Represented By: | Lauren Michelle Kugielska |
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| Respondent: Falcon & Sons Corp. | |
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