Alston et al v. Centerpark Services LLC et al
| Trustee Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Trustee Fred Alston as a Trustee of the Local 272 Welfare Fund and Fred Alston |
| Centerpark Services LLC, Centerpark Management LLC and Centerpark LLC |
| 1:2023cv02113 |
| March 13, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| 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 12
VOLUNTARY DISMISSAL AND ORDER: As the plaintiffs and the defendants have reached a settlement and the settlement proceeds have been paid to plaintiffs, IT IS HEREBY STIPULATED by the undersigned that pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure that this action be dismissed, without prejudice, and without costs to any of the parties, defendants not having appeared or answered. I hereby consent to the entry of this proposed order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/3/2023) (rro) Modified on 5/4/2023 (rro).
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| Filing 11 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey S. Dubin dated 05/03/2023 re: Request to withdraw Order To Show Cause dated May 1, 2023, as action has been settled and withdrawn. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
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Filing 9
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that plaintiff shall show cause by May 15, 2023 why the above-captioned action should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff may show cause by properly submitting a motion for default judgment, pursuant to the Court's Individual Rules, which requires obtaining a certificate of default issued by the Clerk of Court prior to filing a motion for default judgment. Failure to submit a timely and proper motion for default judgment will result in dismissal without prejudice of this case under Rule 41. (Signed by Judge Paul A. Engelmayer on 5/1/2023) (rro) (rro).
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| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Centerpark LLC served on 3/24/2023, answer due 4/14/2023. Service was accepted by Nancy Dougherty, Office of NY Secretary of State. Document filed by Fred Alston; Fred Alston..(Dubin, Jeffrey) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. Centerpark Management LLC served on 3/24/2023, answer due 4/14/2023. Service was accepted by Nancy Dougherty, Office of NY Secretary of State. Document filed by Fred Alston; Fred Alston..(Dubin, Jeffrey) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Centerpark Services LLC served on 3/23/2023, answer due 4/13/2023. Service was accepted by Wilka Sanchez, Manager. Document filed by Fred Alston; Fred Alston..(Dubin, Jeffrey) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Stuart Dubin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1145;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1132;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Stuart Dubin. The party information for the following party/parties has been modified: Trustee Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund; Trustee Fred Alston as a Trustee of the Local 272 Welfare Fund. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo) |
| 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. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Centerpark Services LLC; Centerpark Management LLC; Centerpark LLC, re: #1 Complaint,. Document filed by Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Fred Alston as a Trustee of the Local 272 Welfare Fund..(Dubin, Jeffrey) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Fred Alston as a Trustee of the Local 272 Welfare Fund..(Dubin, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed..(Dubin, Jeffrey) |
| Filing 1 COMPLAINT against Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27460063)Document filed by Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Fred Alston as a Trustee of the Local 272 Welfare Fund..(Dubin, Jeffrey) |
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