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. D.P.O. Building Maintenance & Construction, 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 |
| D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC and Sean O'Neill |
| 1:2022cv08962 |
| October 20, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| 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 August 15, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting #12 Motion for Paul James LaBelle to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jgh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 FIRST MOTION for Attorney Paul James LaBelle to Appear Pro Hac Vice for Defendants. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 13 ANSWER to #1 Complaint,. Document filed by D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, Sean O'Neill..(Labelle, Paul) |
| Filing 12 FIRST MOTION for Attorney Paul James LaBelle to Appear Pro Hac Vice for Defendants. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, Sean O'Neill. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit of Support, #3 Supplement Certificate of Good Standing).(Labelle, Paul) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. DPO Construction LLC served on 11/23/2022, answer due 12/14/2022. Service was accepted by Tony Lorrich, Community Manager. Document filed by Carpenter Contractor Alliance of Metropolitan New York; 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..(Harras, John) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 FIRST MOTION for Attorney Paul James LaBelle to Appear Pro Hac Vice for Defendants. Filing fee $ 200.00, receipt number ANYSDC-27041374. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): You included documents that should be filed separately, that are not part of the Motion to Appear Pro Hac Vice. 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 and notarized Affidavit. All other documents should be filed using their own event. (aea) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Attorney Paul James LaBelle to Appear Pro Hac Vice for Defendants. Filing fee $ 200.00, receipt number ANYSDC-27041374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, Sean O'Neill. (Attachments: #1 Text of Proposed Order Proposed Deed, #2 Affidavit Affidavit of Support, #3 Supplement Certificate of Good Standing).(Labelle, Paul) Modified on 12/6/2022 (aea). |
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Filing 9
CERTIFICATE OF SERVICE of the Initial Pretrial Scheduling Order issued by Judge Torres on November 2, 2022 (Dkt. No. 6), the additional Orders issued by Judge Torres on November 2, 2022 (Dkt. Nos. 7-8), and the Courts Individual Practices in Civil Cases served on D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, and Sean ONeill on November 3, 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)
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Filing 8
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by January 4, 2023, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, as further set forth herein.If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 4, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 11/2/2022) (vfr)
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 11/2/2022) (vfr)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by January 4, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 11/2/2022) (vfr)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, Sean O'Neill. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Magistrate Judge Katharine H. Parker 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) |
| Case Designated ECF. (sj) |
| 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 D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, and Sean O'Neill, 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 CIVIL COVER SHEET filed..(Harras, John) |
| Filing 1 COMPLAINT against D.P.O. Building Maintenance & Construction, Inc., DPO Construction LLC, Sean O'Neill. (Filing Fee $ 402.00, Receipt Number ANYSDC-26846949)Document filed by Carpenter Contractor Alliance of Metropolitan New York, 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..(Harras, John) |
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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: D.P.O. Building Maintenance & Construction, Inc. | |
| Represented By: | Paul J Labelle |
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| Defendant: DPO Construction LLC | |
| Represented By: | Paul J Labelle |
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| Defendant: Sean O'Neill | |
| Represented By: | Paul J Labelle |
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