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. Rashel Construction 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 and Carpenter Contractor Alliance of Metropolitan New York |
| Rashel Construction Corp. |
| 1:2022cv09854 |
| November 18, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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Filing 19
CERTIFICATE OF SERVICE of the Notice of Petitioners Motion for Summary Judgment (Dkt. No. 14), the Declaration of William Davidian in Support of Petitioners Motion for Summary Judgment with Exhibits A through J (Dkt. No. 15), the Declaration of Adrianna R. Grancio, Esq. in Support of Petitioners Motion for Summary Judgment with Exhibits K through M (Dkt. No. 16), the Memorandum of Law in Support of Petitioners Motion for Summary Judgment (Dkt. No. 17), and Petitioners Statement of Facts Pursuant to Rule 56.1 (Dkt. No. 18) served on Respondent, Rashel Construction Corp. on December 21, 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..(Grancio, Adrianna)
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Filing 18
RULE 56.1 STATEMENT. 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..(Grancio, Adrianna)
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Filing 17
MEMORANDUM OF LAW in Support re: #14 MOTION for Summary Judgment against Rashel Construction Corp.. . 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..(Grancio, Adrianna)
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Filing 16
DECLARATION of Adrianna R. Grancio, Esq. in Support re: #14 MOTION for Summary Judgment against Rashel Construction Corp... 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. (Attachments: #1 Exhibit K - Sept 1, 2022 Demand Letter, #2 Exhibit L - History Bill for the Court, #3 Exhibit M - Proposed Judgment).(Grancio, Adrianna)
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Filing 15
DECLARATION of William Davidian in Support re: #14 MOTION for Summary Judgment against Rashel Construction Corp... 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. (Attachments: #1 Exhibit A - Combined PLA LOAs, #2 Exhibit B - NYC Agency 2015-2018 Renovation & Rehab PLA, #3 Exhibit C - Independent Building Construction 2017 - 2024, #4 Exhibit D - Pension Fund Agreement and Declaration of Trust As of March 2022, #5 Exhibit E - Welfare Fund Agreement and Declaration of Trust As of 2022, #6 Exhibit F - Annuity Fund Amended Agreement and Declaration of Trust As of March 2022, #7 Exhibit G - Apprenticeship Fund Amendment Agreement and Declaration of Trust - As of 2022, #8 Exhibit H - March 2022 Revised Collection Policy, #9 Exhibit I - July 14, 2022 Notice of Hearing, #10 Exhibit J - September 1, 2022 Arbitration Award).(Grancio, Adrianna)
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Filing 14
MOTION for Summary Judgment against Rashel Construction Corp.. 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..(Grancio, Adrianna)
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Filing 13
CERTIFICATE OF SERVICE of the Order issued by Judge Polk Failla on December 2, 2022 (Dkt. No. 12) served on Respondent, Rashel Construction Corp. on December 2, 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..(Grancio, Adrianna)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to File. Application GRANTED. Petitioners shall file their motion for summary judgment by January 3, 2023. Respondents shall file their opposition by January 24, 2023. Petitioners shall file any reply brief by January 31, 2023. The Clerk of Court is directed to terminate the pending motion at docket entry 11. (Signed by Judge Katherine Polk Failla on 12/2/2022) (rro)
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Filing 11
LETTER MOTION for Extension of Time to File motion for summary judgment through and including December 31, 2022 addressed to Judge Katherine Polk Failla from Adrianna R. Grancio dated December 2, 2022. 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..(Grancio, Adrianna)
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Set/Reset Deadlines: Motions due by 1/3/2023. Responses due by 1/24/2023 Replies due by 1/31/2023. (rro)
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Filing 10
SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, served. Rashel Construction Corp. served on 11/22/2022, answer due 12/13/2022. Service was accepted by Amy Lesch, 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..(Moosnick, Maura)
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Filing 9
CERTIFICATE OF SERVICE of the Petition to Confirm an Arbitration Award with Exhibits A through M (Dkt. No. 1), Civil Rule 7.1 Statement (Dkt. No. 4), Memorandum of Law in Support of Petition to Confirm an Arbitration Award (Dkt. No. 5), Summons (Dkt. No. 7), and the Order issued by Judge Katherine Polk Failla on November 21, 2022 (Dkt. No. 8) served on Rashel Construction Corp. on November 22, 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..(Moosnick, Maura)
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Filing 8
ORDER: Accordingly, it is hereby ORDERED that Petitioners shall move for confirmation of the arbitral award in the form of a motion for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York by December 7, 2022. Respondent's opposition, if any, is due on December 23, 2022. Petitioners' reply, if any, is due January 3, 2023. Petitioners shall serve the petition upon Respondents electronically and by overnight mail no later than December 1, 2022, and shall file an affidavit of such service with the Court no later than December 5, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/21/2022) ( Motions due by 12/7/2022., Responses due by 12/23/2022, Replies due by 1/3/2023.) (ks)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Rashel Construction Corp.. (sj)
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Magistrate Judge Barbara C. Moses 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
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Case Designated ECF. (sj)
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Filing 6
NOTICE OF APPEARANCE by Maura S. Moosnick on behalf of 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..(Moosnick, Maura)
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Filing 5
MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, . 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..(Grancio, Adrianna)
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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..(Grancio, Adrianna)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Rashel Construction Corp., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,. 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..(Grancio, Adrianna)
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Filing 2
CIVIL COVER SHEET filed..(Grancio, Adrianna)
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Filing 1
PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-26980379).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. (Attachments: #1 Exhibit A - Combined PLA LOAs, #2 Exhibit B - NYC Agency 2015-2018 Renovation & Rehab PLA, #3 Exhibit C - Independent Building Construction 2017 - 2024, #4 Exhibit D - Pension Fund Agreement and Declaration of Trust As of March 2022, #5 Exhibit E - Welfare Fund Agreement and Declaration of Trust As of 2022, #6 Exhibit F - Annuity Fund Amended Agreement and Declaration of Trust As of March 2022, #7 Exhibit G - Apprenticeship Fund Amendment Agreement and Declaration of Trust - As of 2022, #8 Exhibit H - March 2022 Revised Collection Policy, #9 Exhibit I - July 14, 2022 Notice of Hearing, #10 Exhibit J - September 1, 2022 Arbitration Award, #11 Exhibit K - Sept 1, 2022 Demand Letter, #12 Exhibit L - History Bill for the Court, #13 Exhibit M - Proposed Judgment).(Grancio, Adrianna)
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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: | Maura S. Moosnick |
| Represented By: | Adrianna Grancio |
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| Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Maura S. Moosnick |
| Represented By: | Adrianna Grancio |
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| Petitioner: Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Maura S. Moosnick |
| Represented By: | Adrianna Grancio |
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| Respondent: Rashel Construction Corp. | |
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