Manny Pastreich, as Trustee et al v. Prosegur Services Group, Inc. et al
| Manny Pastreich, as Trustee and The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ |
| Prosegur Services Group, Inc. and Prosegur Services Group, Inc. doing business as Aviation Safeguard |
| 1:2023cv00760 |
| January 30, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| 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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Filing 22
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon the affidavit of Samuel Bloom, duly sworn to on March 27, 2023, and the annexed thereto, including the Clerk's Certificate of Default dated March 2, 2023, and upon all prior proceedings before the Court on this matter, it is hereby ORDERED that Defendants Prosegur Services Group, Inc. and Prosegur Services Group, Inc. d/b/a Aviation Safeguard ("Defendants") show cause, if any there be, before the Honorable Katherine Polk Failla, United States District Judge, on May 9, 2023, at 11:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007, why a default judgment should not be entered, ordering Defendants to remit to Plaintiffs Manny Pastreich, as Trustee, and the Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ Supplemental Retirement and Savings Plan (the "Funds"), the documents requested as part of a payroll compliance audit, uploading of missing employee information into the Funds' Employer Self-Service System ("ESS"), 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 this Order and the papers upon which it is based shall be served by Certified Mail on the Defendants on or before April 5, 2023, at their last known place of business of 512 Herndon Pkwy., Suite A, Herndon, VA. Any opposition papers by Defendants shall be due on or before April 21, 2023. Reply papers, if any, shall be due on or before April 28, 2023. Plaintiffs shall file proof of service of this Order to Show Cause by April 7, 2023. (Replies due by 4/28/2023., Show Cause Response due by 4/21/2023. Show Cause Hearing set for 5/9/2023 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/29/2023) (rro)
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| Filing 21 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, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 20 AFFIDAVIT of Samuel Bloom in Support re: #19 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Affidavit of Service of Complaint), #3 Exhibit C (Clerk's Certificates of Default), #4 Exhibit D (Aviation Safeguard Assumed Name Info), #5 Exhibit E (Command Security Info), #6 Exhibit F (NY/NJ CBA), #7 Exhibit G (Phi CBA), #8 Exhibit H (USPS Rider), #9 Exhibit I (V3 Principal 1), #10 Exhibit J (V3 Principal 2), #11 Exhibit K (V3 Interest 1), #12 Exhibit L (V3 Interest 2), #13 Exhibit M (Funds Collections Policies), #14 Exhibit N (V3 Missing Hours Report), #15 Exhibit O (S&P Affidavit), #16 Exhibit P (Health Fund Trust Agreement), #17 Exhibit Q (Attorney Hours), #18 Exhibit R (Service Invoice)).(Bloom, Samuel) |
| Filing 19 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #21 Proposed Default Judgment, was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #19 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (tp) |
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Filing 18
ORDER: On March 2, 2023, Plaintiffs obtained certificates of default against Defendants in this case. (Dkt. #16-17). Accordingly, Plaintiffs are ORDERED to move for a default judgment against Defendants by March 31, 2023. Specifically, Plaintiffs are directed to file the submissions detailed in Attachment A to this Court's Individual Rules of Practice in Civil Cases. (Motions due by 3/31/2023.) (Signed by Judge Katherine Polk Failla on 3/24/2023) (rro)
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| Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to Prosegur Services Group, Inc. d/b/a Aviation Safeguard.(nd) |
| Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to Prosegur Services Group, Inc..(nd) |
| Filing 15 AFFIDAVIT of Samuel Bloom in Support re: #13 Proposed Clerk's Certificate of Default, #14 Proposed Clerk's Certificate of Default,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) |
| Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/2/2023 (nd). |
| Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/2/2023 (nd). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Samuel Bloom. RE-FILE Document No. #11 Proposed Clerk's Certificate of Default #10 Proposed Clerk's Certificate of Default #12 Affidavit in Support. The filing is deficient for the following reason(s): Defendants' names are misspelled on the certificates. Re-file each document separately using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. Refile the affidavit in support under Other Answers, Affidavit in support of a non-motion. (km) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Samuel Bloom in Support re: #11 Proposed Clerk's Certificate of Default, #10 Proposed Clerk's Certificate of Default,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Modified on 3/2/2023 (km). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/2/2023 (km). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/2/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samuel Bloom to RE-FILE Document No. #7 Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. 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. (pc) |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/11/2023 at 04:30 PM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/9/2023) (ks)
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| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,, Complaint,. Prosegur Services Group, Inc. served on 2/3/2023, answer due 2/24/2023. Service was accepted by Felicia Archie, Admin. Assistant. Document filed by Manny Pastreich, as Trustee; The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Modified on 2/10/2023 (pc). |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Prosegur Services Group, Inc.. (vf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Prosegur Services Group, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samuel Bloom to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): not all the party/parties whom the pleading is against were selected. 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. (vf) |
| Magistrate Judge Jennifer Willis 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 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Prosegur Services Group, Inc. d/b/a Aviation Safeguard, re: #1 Complaint,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Prosegur Services Group, Inc., re: #1 Complaint,. Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) |
| Filing 2 CIVIL COVER SHEET filed..(Bloom, Samuel) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Prosegur Services Group, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27268042)Document filed by Manny Pastreich, as Trustee, The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ..(Bloom, Samuel) Modified on 1/31/2023 (vf). |
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| Plaintiff: Manny Pastreich, as Trustee | |
| Represented By: | Samuel Bloom |
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| Plaintiff: The Trustees of the Building Service 32BJ Health Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, and Building Service 32BJ | |
| Represented By: | Samuel Bloom |
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| Defendant: Prosegur Services Group, Inc. | |
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| Defendant: Prosegur Services Group, Inc. doing business as Aviation Safeguard | |
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