Manny Pastreich, as Trustee et al v. Greater Shield LLC
| Manny Pastreich, as Trustee and The Trustees of the Building Service 32BJ Health Fund |
| Greater Shield LLC doing business as Greater Shield Security LLC |
| 1:2023cv00723 |
| January 27, 2023 |
| 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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| Document Text |
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| Filing 14 AFFIDAVIT OF SERVICE of Order to Show Cause, Affidavit in Support with Exhibits served on Greater Shield LLC on 3/8/2023. Service was made by Mail. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) |
Filing 13
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon the affidavit of Samuel Bloom, duly sworn to on March 1, 2023, and the annexed thereto, including the Clerk's Certificate of Default dated February 22, 2023, and upon all prior proceedings before the Court on this matter, it is hereby ORDERED that Defendant, Greater Shield LLC ("Defendant") show cause why, if any there be, before the Honorable Valerie Caproni, District Judge for the United States District Court for the Southern District of New York, at 10 AM, on the 31st day of March 2023, at the United States Courthouse, Courtroom 443, 40 Foley Square, New York, New York 10007, why a default judgment should not be entered, ordering Defendant to remit to Plaintiffs Manny Pastreich, as Trustee, and the Trustees of the Building Service 32BJ Health Fund (the "Funds"), the documents requested as part of a payroll compliance audit and payment of unpaid contributions, interest, liquidated damages, audit fees, attorney's fees and costs of suit, as mandated by 29 U.S.C. 1132(g). Service of the within Order and the papers upon which it is based shall be served by Certified Mail on the Defendant on or before March 8, 2023, at their last known place of business of 150 S Independence Mall West, Suite 600, Philadelphia, PA 19106.Answering papers, if any, shall be served by e-filing the answering papers pursuant to the procedures for electronic filing as are in effect for the United States District Court for the Southern District of New York, and by delivering a copy of same to the offices of Raab, Sturm & Ganchrow, LLP, attorneys for the Funds, located at 2125 Center Ave., Suite 100, Fort Lee, New Jersey 07024, or by facsimile to the Funds' attorneys at the number (201) 292-0152, or by electronic mail to sbloom@rsgllp.com on or before the 17th day of March, 2023. The Defendant is advised that failure to respond to the Order to Show Cause may be grounds for granting a default judgment against it, in which event the Defendant will have no trial. The plaintiffs shall file proof of service of this Order to Show Cause by March 10, 2023. The initial pretrial conference scheduled for March 31, 2023, is adjourned sine die in light of Plaintiff's motion for defaultjudgment. SO ORDERED. Show Cause Hearing set for 3/31/2023 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 3/2/2023) (tg)
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| Filing 12 AFFIDAVIT of Samuel Bloom in Support re: #11 Proposed Default Judgment, #10 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Affidavit of Service), #3 Exhibit C (Clerks Certificate), #4 Exhibit D (CBA), #5 Exhibit E (Fund Trust Agreement), #6 Exhibit F (Collections Policies), #7 Exhibit G (Auditor Affidavit), #8 Exhibit H (Attorney Hours), #9 Exhibit I (Invoice for Process Server)).(Bloom, Samuel) |
| Filing 11 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (nd) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #11 Proposed Default Judgment, was reviewed and approved as to form. (nd) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Greater Shield LLC.(km) |
| Filing 8 AFFIDAVIT of Samuel Bloom in Support re: #7 Proposed Clerk's Certificate of Default,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/22/2023 (km). |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Greater Shield LLC served on 1/31/2023, answer due 2/21/2023. Service was accepted by Nancy Dougherty, Authorized Agent. Document filed by Manny Pastreich, as Trustee; The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/31/2023 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 1/30/2023) (tg) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Greater Shield LLC. (vf) |
| 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..(vf) |
| Magistrate Judge Sarah Netburn 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 Designated ECF. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Bloom, Samuel) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Greater Shield LLC d/b/a Greater Shield Security LLC, re: #1 Complaint. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) |
| Filing 1 COMPLAINT against Greater Shield LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27260825)Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund..(Bloom, Samuel) |
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