Local No. 171 Pension Fund v. Biehl Cleaners, Inc. et al
| Local No. 171 Pension Fund |
| Biehl Cleaners, Inc., Stone Brothers LLC, Delbert M. Stone Revocable Trust and John Doe Companies 1-99 |
| 1:2022cv02133 |
| March 15, 2022 |
| 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 February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Edward F. Sutkowski to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/12/2022) (tg)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Edward F. Sutkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only..(rdz) |
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Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 6/10/22 days date of this Order. This case is not to be tried to a jury. Motions due by 6/10/2022. Expert Deposition due by 9/27/2022. Fact Discovery due by 8/12/2022. Expert Discovery due by 9/27/2022. Pretrial Conference set for 8/26/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/4/2022) (tg)
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Filing 24
MEMO ENDORSEMENT on re: #22 Letter, filed by Local No. 171 Pension Fund. ENDORSEMENT:Defendants must answer, move, or otherwise respond to the Complaint by no later than Monday, May 23, 2022. If Defendants move to dismiss the Complaint, Plaintiff's response in opposition is due no later than Thursday, June 30, 2022 and Defendants' reply in support of its motion is due no later than Friday, July 15, 2022. The Court reminds Plaintiff that in lieu of responding to any motion to dismiss, Plaintiff may file an amended complaint in line with Rule 4(E)(i) of the undersigned's Individual Practices in Civil Cases; Plaintiff is not permitted both to respond to the motion and to amend his complaint. The initial pretrial conference, currently scheduled for Friday, May 13, 2022 at 2:00 P.M., is CANCELLED. The Court will enter a Case Management by separate order. If Defendants move to dismiss the Complaint, the parties are directed to meet and confer on whether it is most efficient for the Court to stay discovery pending the resolution of the Motion to Dismiss. A joint letter outlining each party's position is due no later than Friday, June 3, 2022. If, at any time, both parties want a settlement conference with the assigned Magistrate Judge, they may joint letter requesting a referral. SO ORDERED. ( Responses due by 6/30/2022, Replies due by 7/15/2022.) (Signed by Judge Valerie E. Caproni on 5/4/2022) (tg)
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| Filing 23 NOTICE OF APPEARANCE by Kelly Malloy on behalf of Local No. 171 Pension Fund..(Malloy, Kelly) |
| Filing 22 FIRST LETTER addressed to Judge Valerie E. Caproni from Michael S. Adler, Esq., Counsel for Plaintiff dated 5/4/2022 re: Requirements Set forth in 3/22/22 Notice of Initial Conference and proposed briefing schedule for motion to dismiss. Document filed by Local No. 171 Pension Fund. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Adler, Michael) |
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Timothy J. Cassidy to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/2/2022) (tg)
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| Pro Hac Vice Fee Payment: for #20 MOTION for Edward F. Sutkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26083970..(Sutkowski, Edward) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Timothy James Cassidy to Appear Pro Hac Vice on Behalf of Defendants, Biehl Cleaners, Inc., Stone Brothers LLC and Delbert M. Stone Revocable Trust. Filing fee $ 200.00, receipt number ANYSDC-26072732. Mot. The document has been reviewed and there are no deficiencies. (vba) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (sac) |
| Filing 20 MOTION for Edward F. Sutkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Biehl Cleaners, Inc., Delbert M. Stone Revocable Trust, Stone Brothers LLC. (Attachments: #1 Affidavit Affidavit of Edward Sutkowski in Support of Motion For Admission pro hac vice, #2 Certificate of Good Standing State of Illinois Edward Sutkowski, #3 Text of Proposed Order Order for Admission pro hac vice).(Sutkowski, Edward) Modified on 4/30/2022 (vba). Modified on 5/11/2022 (vba). |
| Filing 19 MOTION for Timothy James Cassidy to Appear Pro Hac Vice on Behalf of Defendants, Biehl Cleaners, Inc., Stone Brothers LLC and Delbert M. Stone Revocable Trust. Filing fee $ 200.00, receipt number ANYSDC-26072732. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Biehl Cleaners, Inc., Delbert M. Stone Revocable Trust, Stone Brothers LLC. (Attachments: #1 Exhibit 1 - Certificate, #2 Exhibit 2 - Affidavit, #3 Text of Proposed Order).(Cassidy, Timothy) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Edward F. Sutkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois; missing Proposed Order; Missing Notarized Affidavit or Declaration in Support of Motion;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba) |
| Filing 18 AFFIDAVIT of Edward F. Sutkowski in Support re: #17 MOTION for Edward F. Sutkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Biehl Cleaners, Inc., Delbert M. Stone Revocable Trust, Stone Brothers LLC. (Attachments: #1 Affidavit Certificate of Admission to the Bar of IL).(Sutkowski, Edward) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Edward F. Sutkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Biehl Cleaners, Inc., Delbert M. Stone Revocable Trust, Stone Brothers LLC..(Sutkowski, Edward) Modified on 4/27/2022 (vba). |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Delbert M. Stone Revocable Trust waiver sent on 3/22/2022, answer due 5/23/2022. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Stone Brothers LLC waiver sent on 3/22/2022, answer due 5/23/2022. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Biehl Cleaners, Inc. waiver sent on 3/22/2022, answer due 5/23/2022. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 2133. Initial Conference set for 5/13/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 3/18/2022) (tg) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Delbert M. Stone Revocable Trust..(lal) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Stone Brothers LLC..(lal) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Biehl Cleaners, Inc...(lal) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Delbert M. Stone Revocable Trust, re: #6 Complaint. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Stone Brothers LLC, re: #6 Complaint. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Biehl Cleaners, Inc., re: #6 Complaint. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| Filing 6 COMPLAINT against Biehl Cleaners, Inc., Delbert M. Stone Revocable Trust, John Doe Companies 1-99, Stone Brothers LLC. Document filed by Local No. 171 Pension Fund..(Adler, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Seth Adler to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Filing Court error on PDF. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 3/21/2022. (sj) |
| 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Seth Adler to RE-FILE Document No. #5 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons must be linked to the accepted pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Debra C. Freeman 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. (sj) |
| Filing 5 FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Delbert M. Stone Revocable Trust, re: #1 Complaint. Document filed by Local No. 171 Pension Fund..(Adler, Michael) Modified on 3/16/2022 (sj). |
| Filing 4 FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Stone Brothers LLC, re: #1 Complaint. Document filed by Local No. 171 Pension Fund..(Adler, Michael) Modified on 3/16/2022 (sj). |
| Filing 3 FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Biehl Cleaners, Inc., re: #1 Complaint. Document filed by Local No. 171 Pension Fund..(Adler, Michael) Modified on 3/16/2022 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Adler, Michael) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR COMPLAINT against Biehl Cleaners, Inc., Delbert M. Stone Revocable Trust, John Doe Companies 1-99, Stone Brothers LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25863841)Document filed by Local No. 171 Pension Fund..(Adler, Michael) Modified on 3/16/2022 (sj). |
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