Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. EJ & S Contracting Corp.
| Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees Of The New York City Carpenters Relief and Charity Fund, The Carpenter Contractor Alliance of Metropolitan New York and The New York City District Council of Carpenters |
| EJ & S Contracting Corp. |
| 1:2022cv01948 |
| March 8, 2022 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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Filing 8
ORDER: For the foregoing reasons, it is hereby ORDERED that the Petition (Dkt. No. 1) of Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund; Trustees of the New York City Carpenters Relief and Charity Fund; the Carpenter Contractor Alliance of Metropolitan New York; and the New York City District Council of Carpenters (collectively, "Petitioners") for confirmation of the Opinion and Award dated December 29, 2021 (the "Arbitration Award") is GRANTED; and it is further ORDERED that the confirmed Arbitration Award is entered as a judgment of this Court, including monetary judgment in favor of Petitioners and against EJ & S Contracting Corp. in the amount of $71,587.69and it is further ORDERED that Petitioners are awarded $1,770 in attorneys' fees and $77 in costs arising out of this proceeding; and it is further ORDERED that Petitioners are awarded post-judgment interest on the full judgment amount in accordance with 28 U.S.C. Section 1961. (Signed by Judge Victor Marrero on 5/2/2022) (ate)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, served. EJ & S Contracting Corp. served on 3/23/2022, answer due 4/13/2022. Service was accepted by Nancy Dougherty, an authorized person in the Corporation Division of the Department of State and empowered to receive such service. Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund ; The New York City District Council of Carpenters; The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Virginia, Charles) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to EJ & S Contracting Corp.. (vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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) |
| Filing 5 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, . Document filed by The Carpenter Contractor Alliance of Metropolitan New York, The New York City District Council of Carpenters, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Virginia, Charles) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Carpenter Contractor Alliance of Metropolitan New York, The New York City District Council of Carpenters, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Virginia, Charles) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to EJ & S CONTRACTING CORP., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,. Document filed by The Carpenter Contractor Alliance of Metropolitan New York, The New York City District Council of Carpenters, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Virginia, Charles) |
| Filing 2 CIVIL COVER SHEET filed..(Virginia, Charles) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25833234).Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, The New York City District Council of Carpenters, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit A - NYCHA PLA LOA, administration form, #2 Exhibit B - NYCHA PLA, #3 Exhibit C - Independent Building Construction 2017 - 2024, #4 Exhibit D - Pension Fund Agreement and Declaration of Trust with Amendments through August 2018, #5 Exhibit E - Welfare Fund Trust Agreement with Amendments through August 2018, #6 Exhibit F - Annuity Fund Amended Agreement and Declaration of Trust with Amendments through August 2018, #7 Exhibit G - Apprenticeship Fund Agreement and Declaration of Trust with Amendments through August 2018, #8 Exhibit H - Collection Policy, #9 Exhibit I - December 2, 2021 Notice of Hearing, #10 Exhibit J - December 29, 2021 Arbitration Award, #11 Exhibit K - January 11, 2022 Demand Letter, #12 Exhibit L - History Bill for the Court, #13 Exhibit M - Proposed Judgment).(Virginia, Charles) |
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| Petitioner: Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund | |
| Represented By: | Charles R. Virginia |
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| Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Charles R. Virginia |
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| Petitioner: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Charles R. Virginia |
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| Petitioner: The New York City District Council of Carpenters | |
| Represented By: | Charles R. Virginia |
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| Respondent: EJ & S Contracting Corp. | |
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