Kyle Bragg, as Trustee et al v. J.H.W. Construction Corporation
| Kyle Bragg, as Trustee and Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan |
| J.H.W. Construction Corporation and Regency Village Management, Inc. |
| 1:2021cv08745 |
| October 26, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 11
CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. Fact Discovery due by 4/30/2022. Depositions shall be completed by 4/30/2022. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by 8/31/2022. Discovery due by 8/31/2022. Status Conference set for 9/7/2022 at 03:00 PM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 1-2 days. (Signed by Judge Vernon S. Broderick on 12/2/2021) (rro)
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| Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kyle Bragg, as Trustee, Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan..(Bloom, Samuel) |
| Filing 9 JOINT LETTER addressed to Judge Vernon S. Broderick from Samuel Bloom dated 12/1/2021 re: Case Management Plan. Document filed by Kyle Bragg, as Trustee, Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan..(Bloom, Samuel) |
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Filing 8
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by December 1, 2021, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs, as further set forth in this Order. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Courts Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. SO ORDERED. (Signed by Judge Vincent L. Broderick on 11/16/2021) (vfr)
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| Filing 7 ANSWER to Complaint. Document filed by J.H.W. Construction Corporation..(Rothberg, Mark) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. J.H.W. Construction Corporation served on 11/2/2021, answer due 11/23/2021. Service was accepted by Mark Dahn, Attorney. Document filed by Kyle Bragg, as Trustee; Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan..(Bloom, Samuel) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to J.H.W. Construction Corporation. (vf) |
| Filing 4 CIVIL COVER SHEET filed..(Bloom, Samuel) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Samuel Bloom to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error, form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to J.H.W. Construction Corporation, re: #1 Complaint,. Document filed by Kyle Bragg, as Trustee, Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan..(Bloom, Samuel) |
| Filing 2 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Bloom, Samuel) Modified on 11/1/2021 (vf). |
| Filing 1 COMPLAINT against J.H.W. Construction Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25267540)Document filed by Kyle Bragg, as Trustee, Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan..(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. (vf) |
| ***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 11/1/2021. (vf) |
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| Defendant: J.H.W. Construction Corporation | |
| Represented By: | Mark A. Rothberg |
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| Defendant: Regency Village Management, Inc. | |
| Represented By: | Mark A. Rothberg |
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| Plaintiff: Kyle Bragg, as Trustee | |
| Represented By: | Samuel Bloom |
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| Plaintiff: Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ North Pension Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan | |
| Represented By: | Samuel Bloom |
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