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. DFNY Drywall & Acoustics Inc. et al
| 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 and Carpenter Contractor Alliance of Metropolitan New York |
| DFNY Drywall & Acoustics Inc., Folor Inc., STM Drywall LLC and Elmhall Millworks, Inc. |
| 1:2022cv06716 |
| August 8, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| 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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| Document Text |
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| Filing 19 ANSWER to #1 Complaint,. Document filed by DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC..(Randazzo, James) |
Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from James A. Randazzo dated 09.07.2022.. Application GRANTED. Defendants' deadline to answer or otherwise respond to the Complaint is hereby EXTENDED, nunc pro tunc, to September 30, 2022. The Court's September 6, 2022 Order, see ECF No. 13, is STAYED. If Defendants do not answer or otherwise respond to the Complaint by the above deadline, the September 6, 2022 Order will automatically be reinstated as of that date. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED.. (Signed by Judge Jesse M. Furman on 9/7/2022) DFNY Drywall & Acoustics Inc. answer due 9/30/2022; Elmhall Millworks, Inc. answer due 9/30/2022; Folor Inc. answer due 9/30/2022; STM Drywall LLC answer due 9/30/2022 (ks)
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| Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from James A. Randazzo dated 09.07.2022. Document filed by DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC..(Randazzo, James) |
| Filing 16 NOTICE OF APPEARANCE by Kenneth Michael Calvey on behalf of DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC..(Calvey, Kenneth) |
| Filing 15 NOTICE OF APPEARANCE by Richard Anthony Portale on behalf of DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC..(Portale, Richard) |
| Filing 14 NOTICE OF APPEARANCE by James A. Randazzo on behalf of DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC..(Randazzo, James) |
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Filing 13
ORDER: Defendants in this action appear to be in default. Plaintiffs shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. If Plaintiffs' counsel submits calculations in support of any motion for default judgment, Plaintiffs' counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiffs shall electronically serve a copy of this Order on Defendants within twobusiness days from the date of this Order and shall file proof of such service within three business days of the date of this Order. (Signed by Judge Jesse M. Furman on 9/6/2022) (rro)
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| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint, served. STM Drywall LLC served on 8/10/2022, answer due 8/31/2022. 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 ; Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Harras, John) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Folor Inc. served on 8/10/2022, answer due 8/31/2022. 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 ; Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Harras, John) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Elmhall Millworks, Inc. served on 8/10/2022, answer due 8/31/2022. 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 ; Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Harras, John) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. DFNY Drywall & Acoustics Inc. served on 8/10/2022, answer due 8/31/2022. 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 ; Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Grancio, Adrianna) |
| Filing 8 CERTIFICATE OF SERVICE of the Notice of Initial Pretrial Conference issued by Judge Furman on August 9, 2022 (Dkt. No. 6) and the Courts Individual Rules and Practices in Civil Cases served on DFNY Drywall & Acoustics Inc., Folor Inc., STM Drywall LLC, and Elmhall Millworks, Inc. on August 9, 2022. Service was made by Mail. Document filed by 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Harras, John) |
| Filing 7 CIVIL COVER SHEET filed..(Harras, John) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 16, 2022, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 2.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 11/16/2022 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/9/22) (yv)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Martin Harras to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 James L. Cott 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 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Harras, John) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to DFNY Drywall & Acoustics Inc., Folor Inc., STM Drywall LLC, Elmhall Millworks, Inc., re: #1 Complaint,. Document filed by 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Harras, John) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Harras, John) Modified on 8/9/2022 (pc). |
| Filing 1 COMPLAINT against DFNY Drywall & Acoustics Inc., Elmhall Millworks, Inc., Folor Inc., STM Drywall LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26515872)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, Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund..(Harras, John) |
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| Search for this case: 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. DFNY Drywall & Acoustics Inc. et al | |
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| Plaintiff: 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: | John Martin Harras |
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| Plaintiff: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | John Martin Harras |
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| Plaintiff: Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | John Martin Harras |
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| Defendant: DFNY Drywall & Acoustics Inc. | |
| Represented By: | James A. Randazzo |
| Represented By: | Kenneth Michael Calvey |
| Represented By: | Richard Anthony Portale |
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| Defendant: Folor Inc. | |
| Represented By: | James A. Randazzo |
| Represented By: | Kenneth Michael Calvey |
| Represented By: | Richard Anthony Portale |
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| Defendant: STM Drywall LLC | |
| Represented By: | James A. Randazzo |
| Represented By: | Kenneth Michael Calvey |
| Represented By: | Richard Anthony Portale |
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| Defendant: Elmhall Millworks, Inc. | |
| Represented By: | James A. Randazzo |
| Represented By: | Kenneth Michael Calvey |
| Represented By: | Richard Anthony Portale |
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