Building Service 32BJ Health Fund et al v. Mayerhauser Realty, Inc.
| Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ North Health Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund and Building Service 32BJ North Legal Services Fund |
| Mayerhauser Realty, Inc. |
| 1:2021cv04764 |
| May 27, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| 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 October 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 27 DEFAULT JUDGMENT: IT IS HEREBY ADJUDGED that Plaintiffs Building Service 32BJ Health Fund,Building Service 32BJ North Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan (the Funds), having their principal place of business at 25 West 18th Street, New York, New York 10011, do recover of Defendant, Mayerhauser Realty, Inc., located at 85 Pondsville Road, Bronxville, NY 10708, the sum of $58,218.18 in delinquent benefit contributions, along with interest in the amount of $15,135.72 and liquidated damages in the amount of $11,643.66 attorneys fees in the amount of $1,743.75 and costs of $402.00 for a total judgment of $87,143.31 plus interest at the statutory rate in effect on the date of judgment. The Clerk is respectfully directed to terminate all open motions and close the case. (Signed by Judge Valerie E. Caproni on 10/22/2021) (tg) Modified on 10/22/2021 (tg). |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 10/22/2021. Attorney Samuel Bloom present for the plaintiffs. Court Reporter Carol Ganley present. (anc) |
| Filing 26 AFFIDAVIT OF SERVICE of Order served on Mayerhauser Realty, Inc. on 10/21/2021. Service was made by Mail. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
Filing 25
MEMO ENDORSEMENT on re: #24 Letter,, filed by Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ North Pension Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Health Fund. ENDORSEMENT: Application GRANTED. It is hereby ordered that Defendant Mayerhauser Realty, Inc. must appear and show cause before this Court on Friday, October 22, 2021, at 2:30 p.m. why an order should not be granted to enter a default judgment in favor of Plaintiffs. The parties are instructed to dial- in to the proceeding using: (888) 363-4749 // Access code: 3121171# // Security code: 4764#. Plaintiffs are ordered to serve this order on Defendant and note service on the docket not later than Friday, October 22, 2021. Defendant is advised that this will be the last opportunity to appear at a default judgment hearing. SO ORDERED. ( Telephone Conference set for 10/22/2021 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/18/2021) (tg)
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| Filing 24 LETTER addressed to Judge Valerie E. Caproni from Samuel Bloom dated 10/18/2021 re: Court's Order of October 15, 2021. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
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Filing 23
ORDER: WHEREAS a show-cause hearing was scheduled for October 15, 2021, at 11:00 a.m. (Dkt. 19); and WHEREAS Plaintiff failed to appear at that hearing; IT IS HEREBY ORDERED that Plaintiff must show cause no later than Monday, October 18, 2021 why this case should not be dismissed without prejudice for failure to prosecute. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/15/2021) (tg)
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| Filing 22 LETTER addressed to Judge Valerie E. Caproni from Samuel Bloom dated 9/14/2021 re: Service of OSC w/ Supporting Papers, Memo Endorsed Letter. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund. (Attachments: #1 Exhibit USPS Tracking).(Bloom, Samuel) |
| Filing 21 AFFIDAVIT OF SERVICE of Order to Show Cause, Affidavit in Support with Exhibits, Endorsed Letter served on Mayerhauser Realty, Inc. on 8/31/2021. Service was made by Mail. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
| Filing 20 AFFIDAVIT OF SERVICE of Order to Show Cause, Affidavit in Support with Exhibits, Endorsed Letter served on Mayerhauser Realty, Inc. on 8/31/2021. Service was accepted by Nancy Dougherty, Authorized Agent. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter re: Service of OSC, filed by Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ North Pension Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Health Fund. ENDORSEMENT: The August 27, 2021 show-cause hearing is ADJOURNED to October 15, 2021, at 11:00 a.m. The parties are instructed to dial-in to the proceeding using: (888) 363-4749 // Access code: 3121171# // Security code: 4764#. Not later than September 1, 2021, Plaintiffs must serve a copy of this order, the July 23, 2021 Order to Show Cause, and all accompanying papers on Defendant by: (1) certified mail to Defendant at 85 Pondfield Road, Bronxville, NY 10708; and (2) service through the new York Secretary of State. Not later than September 8, 2021, Plaintiffs must file an affidavit of service, which includes a return receipt from Plaintiffs' service by certified mail and a receipt or other documentation confirming that service was made on the correct mailing address. Plaintiffs must also identify for the Court any apparent issues with service at the time they file the affidavit of service. Defendant's opposition papers must be served on Plaintiff and filed on the public docket not later than September 24, 2021. Plaintiffs' reply papers must be served on Defendant and filed on the public docket not later than October 1, 2021. SO ORDERED., ( Responses due by 9/24/2021, Replies due by 10/1/2021.), ( Show Cause Hearing set for 10/15/2021 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/25/2021) (rj)
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| Filing 18 LETTER addressed to Judge Valerie E. Caproni from Samuel Bloom dated 8/25/2021 re: Service of OSC. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund. (Attachments: #1 Exhibit A).(Bloom, Samuel) |
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Filing 17
ORDER: IT IS HEREBY ORDERED that not later than August 25, 2021, Plaintiffs' counsel must inform the Court by letter whether he mailed the Courts Order to Show Cause and accompanying papers to 80 Pondfield Road or 85 Pondfield Road. To the extent counsel has a receipt or other evidence demonstrating the actual address to which he mailed the Order and accompanying papers, Plaintiffs' counsel must append that evidence to his letter responding to this order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/24/2021) (mml)
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| Filing 16 AFFIDAVIT OF SERVICE of Order to Show Cause, Affidavit in Support with Exhibits served on Mayerhauser Realty, Inc. on 7/28/2021. Service was made by Mail. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
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Filing 15
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: it is hereby ORDERED that Defendant, Mayerhauser Realty, Inc. ("Defendant"), show cause why, if any there be, before the Honorable Valerie Caproni, District Judge of the United States District Court for the Southern District of New York, on August 27, 2021 at 2:00 p.m. or as soon thereafter as counsel may be heard, by teleconference using (888) 363-4749; Access Code: 3121171; Security Code: 1706#. Service of the within Order and the papers upon which it is based shall be served by Certified Mail on the Defendant on or before July 30, 2021. Answering papers, if any, shall be served by e-filing the answering papers pursuant to the procedures for electronic filing as are in effect for the United States District Court for the Southern District of New York, and by mailing a copy of same to Judge Caproni's Chambers, and by delivering a copy of same to the offices of Raab, Sturm & Ganchrow, LLP, attorneys for the Funds, located at 2125 Center Ave., Suite 100, Fort Lee, New Jersey 07024, or by facsimile to the Funds' attorneys at number (201) 292-0152, or by electronic mail to sbloom@rsgllp.com on or before August 13, 2021. Reply papers, if any, must be served and filed on ECF not later than August 20, 2021. The Plaintiff shall file proof of service of this Order to Show Cause by August 4, 2021. And as set forth herein. SO ORDERED., ( Replies due by 8/20/2021.) Show Cause Hearing set for 8/27/2021 at 02:00 PM before Judge Valerie E. Caproni. Show Cause Response due by 8/13/2021. (Signed by Judge Valerie E. Caproni on 7/23/2021) (ama)
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| Filing 14 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #12 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. #14 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Bloom, Samuel DO NOT RE-FILE Document #12 Proposed Order to Show Cause Without Emergency Relief. ERROR(S): Have to separately file the Default Judgment. Only file the Default Judgment using the event type Proposed Default Judgment, found under the event list Proposed Orders. (dt) |
| Filing 13 AFFIDAVIT of Samuel Bloom in Support re: #12 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit Fox Affidavit Ex A, #9 Exhibit Fox Affidavit Ex B, #10 Exhibit Fox Affidavit Ex C, #11 Exhibit Fox Affidavit Ex D).(Bloom, Samuel) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund. (Attachments: #1 Text of Proposed Order Proposed Default Judgment).(Bloom, Samuel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
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Filing 11
ORDER: granting #10 Letter Motion to Adjourn Conference. Application GRANTED. The July 23, 2021 IPTC is ADJOURNED sine die. Plaintiffs must apply for a default judgment in accordance with this Court's Individual Practices not later than July 23, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/19/2021) (ama)
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| Filing 10 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Samuel Bloom dated 7/19/2021. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
| Set/Reset Deadlines: Motions due by 7/23/2021. (ama) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Mayerhauser Realty, Inc.(km) |
| Filing 8 AFFIDAVIT of Samuel Bloom in Support re: #7 Proposed Clerk's Certificate of Default,,. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/24/2021 (km). |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mayerhauser Realty, Inc. served on 6/1/2021, answer due 6/22/2021. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ North Pension Fund; Building Service 32BJ Supplemental Retirement and Savings Plan ; Building Service 32BJ North Health Fund; Building Service 32BJ Health Fund; Building Service 32BJ Legal Services Fund; Building Service 32BJ North Legal Services Fund..(Bloom, Samuel) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/23/2021 at 11:00 AM before Judge Valerie E. Caproni. In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference (IPTC) in accordance with Rule 16 of the Federal Rules of Civil Procedure on July 23, 2021 at 11:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 4764. (Signed by Judge Valerie E. Caproni on 6/2/2021) (ate) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Mayerhauser Realty, Inc. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Mayerhauser Realty, Inc., re: #1 Complaint,. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Health Fund, Building Service 32BJ North Legal Services Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund..(Bloom, Samuel) |
| Filing 2 CIVIL COVER SHEET filed..(Bloom, Samuel) |
| Filing 1 COMPLAINT against Mayerhauser Realty, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24599399)Document filed by Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ North Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Plan, Building Service 32BJ North Health Fund, Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ North Legal Services Fund..(Bloom, Samuel) |
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