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. Symphony Floors 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, Trustees Of The New York City Carpenters Relief and Charity Fund and The Carpenter Contractor Alliance of Metropolitan New York |
| Symphony Floors Inc., Prismatic Development Corporation, Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Pal Environmental Services, Inc. and John Doe Nos. 1-10 |
| 1:2021cv05944 |
| July 12, 2021 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Gregory H Woods |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
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Filing 34
STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys that the time for Defendant, SYMPHONY FLOORS, INC., to provide its Initial Disclosures is extended to and includes October 19, 2021; SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/15/21) (yv)
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Filing 33
STIPULATION EXTENDING TIME TORESPOND TO CROSS-CLAIMS, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that the time within which Defendant Prismatic Development Corporation ("Prismatic") may answer, move, or otherwise respond to Defendant Symphony Floors Inc.'s ("Symphony") cross-claims against Prismatic is hereby extended up to and including October 29, 2021. IT IS FURTHER STIPULATED AND AGREED, that the time within which Symphony may answer, move, or otherwise respond to Prismatic's cross-claims against Symphony is hereby extended up to and including October 29, 2021. IT IS FURTHER STIPULATED AND AGREED, that no provision of this Stipulation shall be construed as a waiver of, and Prismatic and Symphony expressly reserve, any and all defenses with the exception of any and all defenses related to service of process which Prismatic and Symphony expressly agree to waive herein. SO ORDERED. (Prismatic Development Corporation answer due 10/29/2021; Symphony Floors Inc. answer due 10/29/2021.) (Signed by Magistrate Judge Sarah L Cave on 10/15/21) (yv)
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| Filing 32 PROPOSED STIPULATION AND ORDER. Document filed by Prismatic Development Corporation, Symphony Floors Inc...(Davis, Lauren) |
| Filing 31 PROPOSED STIPULATION AND ORDER. Document filed by Symphony Floors Inc...(Pryor, Edmond) |
| Filing 30 ANSWER to #1 Complaint,,., CROSSCLAIM against Symphony Floors Inc.. Document filed by Pal Environmental Services, Inc...(Schlesinger, Aaron) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pal Environmental Services, Inc...(Schlesinger, Aaron) |
| Filing 28 NOTICE OF APPEARANCE by Lauren Rayner Davis on behalf of Pal Environmental Services, Inc...(Davis, Lauren) |
| Filing 27 NOTICE OF APPEARANCE by Aaron C. Schlesinger on behalf of Pal Environmental Services, Inc...(Schlesinger, Aaron) |
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Filing 26
REPORT OF RULE 26(f) CONFERENCE AND CASE MANAGEMENT PLAN: Amended Pleadings due by 12/27/2021. Deposition due by 2/28/2022. Fact Discovery due by 3/28/2022. The parties anticipate that the trial of this case will require 1 day. The parties do not consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. Telephone Conference set for 11/18/2021 at 02:00 PM on the Court's conference line. The parties are directed to call: (866) 390-9676; access code: 380-9799, at the scheduled time. Ready for Trial by 5/18/2022. Pursuant to the initial conference held today, September 27, 2021, the Court orders as follows: Defendant Symphony Floors Inc. shall serve its initial disclosures by October 4, 2021, and shall produce an initial set of relevant documents identified in their initial disclosures by October 12, 2021; and SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/27/21) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Pretrial Conference held on 9/27/2021. Attorney Nicole Marimon appeared on behalf of Plaintiffs. Attorney Lauren Rayner Davis appeared on behalf of defendants Prismatic Development Corporation, Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, and PAL Environmental Services, Inc. Attorney Edmond J. Pryor appeared on behalf of defendant Symphony Floors Inc. (ne) |
| Filing 25 ANSWER to #1 Complaint,,., CROSSCLAIM against Prismatic Development Corporation. Document filed by Symphony Floors Inc...(Pryor, Edmond) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Symphony Floors Inc...(Pryor, Edmond) |
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Filing 23
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties that the time within which Defendant, PAL Environmental Services, Inc. ("Defendant"), may answer, move, or otherwise respond to the Complaint is hereby extended up to and including October 5, 2021. No provision of this Stipulation shall be construed as a waiver of, and Defendant expressly reserves, any and all defenses with the exception of any and all defenses related to service of process which Defendant expressly agrees to waive herein. And as set forth herein. SO ORDERED., Pal Environmental Services, Inc. answer due 10/5/2021. (Signed by Magistrate Judge Sarah L Cave on 9/22/2021) (ama)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Pal Environmental Services, Inc...(Davis, Lauren) |
| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
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Filing 20
ORDER granting #19 Letter Motion to Adjourn Conference. Plaintiffs' request (ECF No. 19) to adjourn the conference scheduled for September 27, 2021 at 10:00am is GRANTED, and the conference is ADJOURNED to September 27, 2021 at 3:00 pm. The parties are directed to call the Court's conference line at: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 19. SO ORDERED. Initial Conference set for 9/27/2021 at 03:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 9/14/2021) (vfr)
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| Filing 19 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Sarah L. Cave from Nicole Marimon, Esq. dated September 13, 2021. Document filed by The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
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Filing 18
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: No initial case management conference yet having taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Monday, September 27, 2021 at 10:00 am on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time]. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c), as further set forth in this Order.(Telephone Conference set for 9/27/2021 at 10:00 AM before Magistrate Judge Sarah L Cave. Initial Conference set for 9/27/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 9/9/2021) (mml)
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| Filing 17 ANSWER to #1 Complaint,,., CROSSCLAIM against Symphony Floors Inc.. Document filed by Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Prismatic Development Corporation..(Schlesinger, Aaron) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Prismatic Development Corporation..(Schlesinger, Aaron) |
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Filing 15
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties that the time within which Defendants, Prismatic Development Corporation and Fidelity and Deposit Company of Maryland/Zurich American Insurance Company (collectively, "Defendants"), may answer, move, or otherwise respond to the Complaint is hereby extended up to and including September 8, 2021. No provision of this Stipulation shall be construed as a waiver of, and Defendants expressly reserve, any and all defenses with the exception of any and all defenses related to service of process which Defendants expressly agree to waive herein. There has been one previous request for an extension of time in connection with this matter by Stipulation of the undersigned which was so ordered by the Court on August 9, 2021. SO ORDERED., Fidelity and Deposit Company of Maryland/Zurich American Insurance Company answer due 9/8/2021; Prismatic Development Corporation answer due 9/8/2021. (Signed by Magistrate Judge Sarah L Cave on 8/18/2021) (rj)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Prismatic Development Corporation..(Davis, Lauren) |
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Filing 13
STIPULATION EXTENDING TIME TORESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties that the time within which Defendants, Prismatic Development Corporation and Fidelity and Deposit Company of Maryland/Zurich American Insurance Company (collectively, Defendants), may answer, move, or otherwise respond to the Complaint is hereby extended up to and including August 23, 2021. No provision of this Stipulation shall be construed as a waiver of, and Defendants expressly reserve, any and all defenses with the exception of any and all defenses related to service of process which Defendants expressly agree to waive herein. There has been no previous request for an extension of time in connection with this matter. IT IS FURTHER STIPULATED AND AGREED, that facsimile and electronic signatures of this Stipulation shall be deemed originals for all purposes. SO ORDERED. Fidelity and Deposit Company of Maryland/Zurich American Insurance Company answer due 8/23/2021; Prismatic Development Corporation answer due 8/23/2021. (Signed by Magistrate Judge Sarah L Cave on 8/9/2021) (ate)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Prismatic Development Corporation..(Davis, Lauren) |
| Filing 11 NOTICE OF APPEARANCE by Lauren Rayner Davis on behalf of Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Prismatic Development Corporation..(Davis, Lauren) |
| Filing 10 NOTICE OF APPEARANCE by Aaron C. Schlesinger on behalf of Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Prismatic Development Corporation..(Schlesinger, Aaron) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Pal Environmental Services, Inc. served on 7/14/2021, answer due 8/4/2021. Service was accepted by Colleen Banahan, an authorized person in the Corporation Division of the New York Department of State. Document filed by The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund; Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Prismatic Development Corporation served on 7/14/2021, answer due 8/4/2021. Service was accepted by Colleen Banahan, an authorized person in the Corporation Division of the New York Department of State. Document filed by The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund; Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Symphony Floors Inc. served on 7/14/2021, answer due 8/4/2021. Service was accepted by Colleen Banahan, an authorized person in the Corporation Division of the New York Department of State. Document filed by The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund; Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Gregory H. Woods on 7/13/2021) (ate)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, Pal Environmental Services, Inc., Prismatic Development Corporation, Symphony Floors Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pc) |
| Magistrate Judge Sarah L. Cave 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Symphony Floors Inc., Prismatic Development Corporation, Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, and Pal Environmental Services, Inc., re: #1 Complaint,,. Document filed by The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole) |
| Filing 2 CIVIL COVER SHEET filed..(Marimon, Nicole) |
| Filing 1 COMPLAINT against Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, John Doe Nos. 1-10, Pal Environmental Services, Inc., Prismatic Development Corporation, Symphony Floors Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24778316)Document filed by The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Attachments: #1 Declaration of Nicole Marimon).(Marimon, Nicole) |
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| 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. Symphony Floors Inc. et al | |
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| 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 |
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| Plaintiff: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Nicole Marimon |
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| Plaintiff: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Nicole Marimon |
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| Defendant: Symphony Floors Inc. | |
| Represented By: | Edmond James Pryor |
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| Defendant: Prismatic Development Corporation | |
| Represented By: | Aaron C. Schlesinger |
| Represented By: | Lauren Rayner Davis |
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| Defendant: Fidelity and Deposit Company of Maryland/Zurich American Insurance Company | |
| Represented By: | Aaron C. Schlesinger |
| Represented By: | Lauren Rayner Davis |
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| Defendant: Pal Environmental Services, Inc. | |
| Represented By: | Aaron C. Schlesinger |
| Represented By: | Lauren Rayner Davis |
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| Defendant: John Doe Nos. 1-10 | |
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