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. Precision Furniture Installations, LLC
| 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 |
| Precision Furniture Installations, LLC |
| 1:2023cv02852 |
| April 5, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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Filing 18
AFFIDAVIT of Abigail Frankel regarding service of Petitioners' Motion for Summary Judgment (Dkt. Nos. 12-16). 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 - Email Returned Undeliverable).(Moosnick, Maura)
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Filing 17
CERTIFICATE OF SERVICE of Notice of Petitioners Motion for Summary Judgment (Dkt. No. 12), the Declaration of William Davidian in Support of Petitioners Motion for Summary Judgment with Exhibits A through I (Dkt. No. 13), the Declaration of Maura Moosnick in Support of Petitioners Motion for Summary Judgment with Exhibits J through L (Dkt. No. 14), the Memorandum of Law in Support of Petitioners Motion for Summary Judgment (Dkt. No. 15), and Petitioners Statement of Facts Pursuant to Rule 56.1 of the S.D.N.Y. Local Civil Rules (Dkt. No. 16) served on Respondent, Precision Furniture Installations, LLC on May 16, 2023. 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 16
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..(Moosnick, Maura)
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Filing 15
MEMORANDUM OF LAW in Support re: #12 MOTION for Summary Judgment against Respondent Precision Furniture Installations, LLC. . 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 14
DECLARATION of Maura Moosnick, Esq. in Support re: #12 MOTION for Summary Judgment against Respondent Precision Furniture Installations, LLC.. 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 J - January 3, 2023 Demand Letter and Mail Receipt, #2 Exhibit K - History Bill for the Court, #3 Exhibit L - Proposed Judgment).(Moosnick, Maura)
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Filing 13
DECLARATION of William Davidian in Support re: #12 MOTION for Summary Judgment against Respondent Precision Furniture Installations, LLC.. 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 - Email confirming Respondents membership in the BCA, #2 Exhibit B - BCA Collective Bargaining Agreement, #3 Exhibit C - Pension Fund Agreement and Declaration of Trust with Amendments through August 2018, #4 Exhibit D - Welfare Fund Trust Agreement with Amendments through August 2018, #5 Exhibit E - Annuity Fund Amended Agreement and Declaration of Trust with Amendments through August 2018, #6 Exhibit F - Apprenticeship Fund Agreement and Declaration of Trust with Amendments through August 2018, #7 Exhibit G - March 2022 Revised Collection Policy, #8 Exhibit H - November 14, 2022 Notice of Hearing, #9 Exhibit I - December 28, 2022 Arbitration Award).(Moosnick, Maura)
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Filing 12
MOTION for Summary Judgment against Respondent Precision Furniture Installations, LLC. 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 11
AFFIDAVIT of Abigail Frankel regarding service. 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 - Email Correspondence).(Moosnick, Maura)
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Filing 10
CERTIFICATE OF SERVICE of Petition to Confirm Arbitration Award with Exhibits A through L (Dkt. No. 1), Rule 7.1 Corporate Disclosure Statement (Dkt. No. 4), Memorandum of Law in Support of Petition to Confirm Arbitration Award (Dkt. No. 5), Summons (Dkt. No. 6), and Order issued by Judge Rearden on May 2, 2023 (Dkt. No. 9) served on Respondent, Precision Furniture Installations, LLC on May 5, 2023. 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 9
ORDER re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, filed by 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, Carpenter Contractor Alliance of Metropolitan New York. Accordingly, it is hereby ORDERED that Petitioners file and serve any additional materials with which they intend to support their petition to confirm by May 16, 2023. Respondent's opposition, if any, is due May 30, 2023. Petitioners' reply, if any, is due June 6, 2023. Petitioners shall serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight delivery no later than May 16, 2023, and shall file an affidavit of such service with the Court no later than May 17, 2023. SO ORDERED. ( Replies due by 6/6/2023., Responses due by 5/30/2023) (Signed by Judge Jennifer H. Rearden on 5/2/2023) (kv)
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Filing 8
AFFIDAVIT OF SERVICE of Petition to Confirm Arbitration Award with Exhibits A through L (Dkt. No. 1), Rule 7.1 Corporate Disclosure Statement (Dkt. No. 4), Memorandum of Law in Support of Petition to Confirm Arbitration Award (Dkt. No. 5), Summons (Dkt. No. 6), and Affidavit of Service of the Summons, Petition to Confirm Arbitration Award, Rule 7.1 Corporate Disclosure Statement, and Memorandum of Law in Support of Petition to Confirm Arbitration Award on Precision Furniture Installations, LLC (Dkt. No. 7) served on Respondent, Precision Furniture Installations, LLC on April 12, 2023. 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 7
SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,, served. Precision Furniture Installations, LLC served on 4/6/2023, answer due 4/27/2023. Service was accepted by Colleen Banahan, 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 6
ELECTRONIC SUMMONS ISSUED as to Precision Furniture Installations, LLC. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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)
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Magistrate Judge Ona T. Wang 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)
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Case Designated ECF. (vf)
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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..(Moosnick, Maura)
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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..(Moosnick, Maura)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Precision Furniture Installations, LLC, 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..(Moosnick, Maura)
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Filing 2
CIVIL COVER SHEET filed..(Moosnick, Maura)
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Filing 1
PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-27566731).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 - Email RE New B.C.A. members, #2 Exhibit B - BCA 2017-24, #3 Exhibit C - Pension Fund Agreement and Declaration of Trust with Amendments through August 2018, #4 Exhibit D - Welfare Fund Trust Agreement with Amendments through August 2018, #5 Exhibit E - Annuity Fund Amended Agreement and Declaration of Trust with Amendments through August 2018, #6 Exhibit F - Apprenticeship Fund Agreement and Declaration of Trust with Amendments through August 2018, #7 Exhibit G - March 2022 Revised Collection Policy, #8 Exhibit H - November 14, 2022 Notice of Hearing, #9 Exhibit I - December 28, 2022 Arbitration Award, #10 Exhibit J - January 3, 2023 Demand Letter and Mail Receipt, #11 Exhibit K - History Bill for the Court, #12 Exhibit L - Proposed Judgment).(Moosnick, Maura)
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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 |
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| Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Maura S. Moosnick |
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| Petitioner: Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Maura S. Moosnick |
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| Respondent: Precision Furniture Installations, LLC | |
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