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. Franco's Blinds & Shades Inc.
| 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 The Carpenter Contractor Alliance of Metropolitan New York |
| Francos Blinds & Shades Inc., Franco's Blinds & Shades Inc. and Franco Blinds & Shades, Inc. |
| 1:2023cv05884 |
| July 10, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,, served. Francos Blinds & Shades Inc. served on 7/19/2023, answer due 8/9/2023. Service was accepted by Nancy Dougherty, 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 ; The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Moosnick, Maura) |
Filing 9
CERTIFICATE OF SERVICE of Summons (Dkt. No. 6), Petition to Confirm an Arbitration Award with Exhibits A through M (Dkt. No. 1), Rule 7.1 Corporate Disclosure Statement (Dkt. No. 7), Memorandum of Law in Support of Petition to Confirm Arbitration Award (Dkt. No. 5), and the Order issued by Judge Clarke on July 12, 2023 (Dkt. No. 8) served on Respondent, Franco's Blinds & Shades Inc. a/k/a Franco Blinds & Shades, Inc. on July 13, 2023. Service was made by Mail. Document filed by The 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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| Set/Reset Deadlines: Francos Blinds & Shades Inc. answer due 9/22/2023. Replies due by 9/29/2023. (tg) Modified on 7/21/2023 (tg). |
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Filing 8
ORDER: On July 10, 2023, Petitioner filed a petition to confirm an arbitration award. Proceedings to confirm an arbitration award must be "treated as akin to a motion for summary judgment." D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioner shall file and serve any additional materials with which they intend to support their petition to confirm by September 8, 2023. Respondent's opposition, if any, is due by September 22, 2023. Petitioner's reply, if any, is due by September 29, 2023. Petitioner shall serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight mail no later than September 8, 2023, and shall file an affidavit of such service with the court no later than September 11, 2023. SO ORDERED. ( Service due by 9/8/2023.) (Signed by Judge Jessica G. L. Clarke on 7/12/2023) (tg)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The 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) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Francos Blinds & Shades Inc...(gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Maura S. Moosnick to RE-FILE Document No. #4 Rule 7.1 Corporate Disclosure Statement,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct;. The corporate parent and subsidiaries names and association were omitted from the PDF. Please re-file the document using the revised form found on the NYSD form page; https://nysd.uscourts.gov/forms/rule-71-statement. (kj) |
| Case Designated ECF. (gp) |
| 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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..(gp) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Maura S. Moosnick. The following party/parties has been removed from this case: Francos Blinds & Shades Inc. also known as Franco Blinds & Shades, Inc. Duplicate party entered. (gp) |
| Filing 5 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,, . Document filed by The 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) |
| Filing 4 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The 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) Modified on 7/11/2023 (kj). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Franco's Blinds & Shades Inc. a/k/a Franco Blinds & Shades, Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by The 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) |
| Filing 2 CIVIL COVER SHEET filed..(Moosnick, Maura) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-27978154).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, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit A - International Agreement, #2 Exhibit B - CBA, #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 - Audit Report, #9 Exhibit I - March 17, 2023 Notice of Hearing, #10 Exhibit J - April 18, 2023 Award, #11 Exhibit K - May 2, 2023 Demand Letter, #12 Exhibit L - History Bill for the Court, #13 Exhibit M - Proposed Judgment).(Moosnick, Maura) |
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| Respondent: Francos Blinds & Shades Inc. | |
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| Respondent: Franco's Blinds & Shades Inc. | |
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| Respondent: Franco Blinds & Shades, Inc. | |
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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: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Maura S. Moosnick |
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