Trustees of the District Council No. 9 Painting Industry Insurance Fund et al v. ILCO Painting Corp.
| Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the District Council No. 9 Painting Industry Annuity Fund and District Council No. 9 International Union of Painters and Allied Trades, A.F.L.- C.I.O. |
| ILCO Painting Corp. |
| 1:2021cv08936 |
| November 1, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 |
| None |
Docket Report
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| Filing 10 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) ILCO Painting Corp.. Document filed by Trustees of the District Council No. 9 Painting Industry Insurance Fund, District Council No. 9 International Union of Painters and Allied Trades, A.F.L.- C.I.O., Trustees of the District Council No. 9 Painting Industry Annuity Fund. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kugielska, Lauren) |
| Filing 9 AFFIDAVIT OF SERVICE of Petition and Summons served on Ilco Painting Corp. on 11/4/2021. Service was accepted by Sue Zouky. Document filed by District Council No. 9 International Union of Painters and Allied Trades, A.F.L.- C.I.O., Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund..(Kugielska, Lauren) |
| Filing 8 CERTIFICATE OF SERVICE of Court Order served on Ilco Painting Corp. on 11/3/2021. 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., Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund..(Kugielska, Lauren) |
Filing 7
ORDER: On November 1, 2021, Petitioners filed a petition to confirm an arbitration award and supporting materials. Dkt. No. 1. Proceedings to confirm an arbitration award must be "treated as akin to a motion for summary judgment." D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 108 (2d Cir. 2006). Accordingly, it is hereby ORDERED that petitioners shall file and serve a statement pursuant to Local Civil Rule 56.1 and any additional materials with which they intend to support the petition, including any affidavits or declarations attesting that the exhibits to the petition are true and correct copies of what they purport to be, no later than December 3, 2021. Respondent's opposition is due no later than December 23, 2021. Petitioners' reply, if any, is due no later than January 7, 2022. Petitioners are directed to serve the petition and a copy of this order upon Respondent, and to file an affidavit of such service with the Court no later than November 10, 2021. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/3/2021) (rro)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to ILCO Painting Corp...(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Gabriel W. Gorenstein 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 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) |
| Filing 5 CIVIL COVER SHEET filed..(Kugielska, Lauren) |
| 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., Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund..(Kugielska, Lauren) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ILCO Painting Corp., 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., Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund..(Kugielska, Lauren) |
| Filing 2 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., Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Attachments: #1 Exhibit A-Decision & Award, #2 Exhibit B- CBA, #3 Exhibit C- Demand for Arbitration, #4 Exhibit D-Decision Cover Letter, #5 Exhibit E- Demand Letter).(Kugielska, Lauren) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25271563).Document filed by Trustees of the District Council No. 9 Painting Industry Insurance Fund, District Council No. 9 International Union of Painters and Allied Trades, A.F.L.- C.I.O., Trustees of the District Council No. 9 Painting Industry Annuity Fund. (Attachments: #1 Exhibit A-1 Memorandum of Law).(Kugielska, Lauren) |
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| Petitioner: Trustees of the District Council No. 9 Painting Industry Insurance Fund | |
| Represented By: | Lauren Michelle Kugielska |
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| Petitioner: Trustees of the District Council No. 9 Painting Industry Annuity Fund | |
| Represented By: | Lauren Michelle Kugielska |
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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: ILCO Painting Corp. | |
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