Pastreich et al v. Bradley Technologies Incorporated
| Mannie Pastreich, as Trustee and the Trustees of the Buildiong Service 32BJ Health Fund, Building Service 32BJ Health Fund, Manny Pastreich and The Trustees of the Building Service 32BJ Health Fund |
| Bradley Technologies Incorporated and Bradley Technologies Incorporated doing business as Bradley Technology Inc. doing business as BTI Security |
| 1:2023cv04127 |
| May 18, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| 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 24
ORDER with respect to #23 LETTER MOTION for Conference re: #18 Proposed Default Judgment, #17 Affidavit in Support, #16 Proposed Order to Show Cause Without Emergency Relief, addressed to Judge Lorna G. Schofield from Ira A. Sturm dated July 12, 2023. Defendant shall file a response, not to exceed three pages, by July 21, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 7/13/2023) (mml)
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| Set/Reset Deadlines: Responses due by 7/21/2023. (mml) |
| Filing 23 LETTER MOTION for Conference re: #18 Proposed Default Judgment, #17 Affidavit in Support,, #16 Proposed Order to Show Cause Without Emergency Relief, addressed to Judge Lorna G. Schofield from Ira A. Sturm dated July 12, 2023. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) |
| Filing 22 NOTICE OF APPEARANCE by John Sandercock on behalf of Bradley Technologies Incorporated..(Sandercock, John) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bradley Technologies Incorporated..(Rothman, Dennis) |
| Filing 20 NOTICE OF APPEARANCE by Dennis Michael Rothman on behalf of Bradley Technologies Incorporated..(Rothman, Dennis) |
| Filing 19 MEMO ENDORSEMENT on re: #10 Letter, filed by The Trustees of the Building Service 32BJ Health Fund, Manny Pastreich, Building Service 32BJ Health Fund ENDORSEMENT: In light of Plaintiffs' starting the default judgment procedure, the initial pretrial conference scheduled for July 5, 2023, at 4:00 P.M. is CANCELED. (Signed by Judge Lorna G. Schofield on 6/29/2023) (ks) |
| Filing 18 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 17 AFFIDAVIT of Ira A. Sturm in Support re: #16 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B- Notice of Lawsuit and Proposed Waiver Form, #3 Exhibit C - Affidavit of Service, #4 Exhibit D - Clerk's Certificate of Default, #5 Exhibit E - Fund's Calculation of Damages, #6 Exhibit F - Record of Attorney Hours, #7 Exhibit G - Invoice for cost of service, #8 Exhibit H - Proposed Judgment).(Sturm, Ira) |
| Filing 16 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Ira Sturm to RE-FILE Document No. #12 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): no proposed Default Judgment refiled. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ira Sturm to RE-FILE Document #15 Affidavit in Support. ERROR(S): the document is linked to an deficient docket entry. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #18 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. #16 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (tp) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Ira A. Sturm in Support re: #12 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Lawsuit and waiver Forms, #3 Exhibit C -Affidavit of Service, #4 Exhibit D - Clerk's Certificate of Default, #5 Exhibit E - Fund Calculation of Damages, #6 Exhibit F - Attorney Hours, #7 Exhibit G - Invoice of expenses for service of process, #8 Exhibit H - Proposed Judgment).(Sturm, Ira) Modified on 6/29/2023 (tp). |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 6/28/2023 (tp). |
| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Default Judgment as to . Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B- Notice of Lawsuit and Proposed Waiver Form, #3 Exhibit C - Affidavit of Service, #4 Exhibit D - Clerk's Certificate of Default, #5 Exhibit E - Fund's Calculation of Damages, #6 Exhibit F - Record of Attorney Hours, #7 Exhibit G - Invoice for cost of service, #8 Exhibit H - Proposed Judgment).(Sturm, Ira) Modified on 6/28/2023 (tp). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 6/29/2023 (tp). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund. (Attachments: #1 Affidavit Attorney Affidavit of Ira Sturm, #2 Exhibit A - Complaint, #3 Exhibit B- Notice of Lawsuit and Proposed Waiver Form, #4 Exhibit C- Affidavit of Service, #5 Exhibit D- Clerk's Certificate of Default, #6 Exhibit E - Calculation of Damages, #7 Exhibit F- Attorney Hours, #8 Exhibit G - Invoice, #9 Exhibit H - Proposed Judgment).(Sturm, Ira) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 6/28/2023 (km). |
| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Ira A. Sturm dated June 28, 2023 re: Joint Letter as Per Court Order. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Ira Sturm to RE-FILE Document No. #11 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The documents need to be filed separately. Please refer to ECF Rule 16.3. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sturm, Ira to RE-FILE Document #13 MOTION for Default Judgment as to . Use the event type Affidavit in Support (non-motion) found under the event list Other Answers. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Ira Sturm to RE-FILE Document No. #14 Proposed Default Judgment. The filing is deficient for the following reason(s): the document is linked to an deficient docket entry. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Bradley Technologies Incorporated doing business as Bradley Technology Inc. doing business as BTI Security. (tp) |
| Filing 8 AFFIRMATION of Ira A. Sturm in Support re: #7 Proposed Clerk's Certificate of Default,. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Building Service 32BJ Health Fund, Manny Pastreich, The Trustees of the Building Service 32BJ Health Fund..(Sturm, Ira) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bradley Technologies Incorporated served on 5/23/2023, answer due 6/13/2023. Service was accepted by Joyce Smith, Receptionist. Document filed by Manny Pastreich; The Trustees of the Building Service 32BJ Health Fund; Building Service 32BJ Health Fund..(Sturm, Ira) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Bradley Technologies Incorporated..(pc) |
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Filing 4
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on July 5, 2023 at 4:00 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. DATE AND TIME OF TELEPHONIC CONFERENCE: July 5, 2023 at 4:00 p.m. IPTC MATERIALS DUE: June 28, 2023 at noon. (Signed by Judge Lorna G. Schofield on 5/22/2023) (sac)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ira A Sturm. The party information for the following party/parties has been modified: Bradley Technologies Incorporated. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly;. (pc) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners The Trustees of the Building Service 32BJ Health Fund added. Party added pursuant to #1 Complaint,.Document filed by The Trustees of the Building Service 32BJ Health Fund. Related document: #1 Complaint,..(Sturm, Ira) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bradley Technologies Incorporated d/b/a Bradley Technology Inc. d/b/a BTI Security, re: #1 Complaint,. Document filed by Building Service 32BJ Health Fund, Manny Pastreich..(Sturm, Ira) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ira A Sturm. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ira A Sturm re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add The Trustees of the Building Service 32BJ Health Fund. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Sturm, Ira) |
| Filing 1 COMPLAINT against Bradley Technologies Incorporated. (Filing Fee $ 402.00, Receipt Number ANYSDC-27756272)Document filed by Mannie Pastreich, as Trustee and the Trustees of the Buildiong Service 32BJ Health Fund, Building Service 32BJ Health Fund..(Sturm, Ira) |
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