Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Prime Contractors Inc. et al
| Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, 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 |
| Prime Contractors Inc., UTB United Technology, Inc. and QBE Insurance Corporation |
| 1:2023cv09033 |
| October 13, 2023 |
| U.S. District Court for the Southern District of New York |
| Analisa Torres |
| 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 16 CLERK'S CERTIFICATE OF DEFAULT as to Prime Contractors Inc., UTB United Technology, Inc., and QBE Insurance Corporation. (tp) |
| Filing 15 DECLARATION of Adrianna R. Grancio in Support re: #14 Proposed Clerk's Certificate of Default,,. 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, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Grancio, Adrianna) |
| Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. 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, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Grancio, Adrianna) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint, served. QBE Insurance Corporation served on 10/23/2023, answer due 11/13/2023. Service was made by Mail. Document filed by Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, 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..(Grancio, Adrianna) |
Filing 12
CERTIFICATE OF SERVICE of Orders issued by Judge Torres on October 19, 2023 (Dkt. Nos. 9-11) and the Court's Individual Practices in Civil Cases served on Defendants, Prime Contractors Inc., UTB - United Technology, Inc., and QBE Insurance Corporation, and last known counsel for Defendants on October 19, 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, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Grancio, Adrianna)
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Filing 11
ORDER. It is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by January 9, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 9, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 10/19/23) (yv)
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Filing 10
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by January 9, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFFS IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. SO ORDERED. (Signed by Judge Analisa Torres on 10/19/23) (yv)
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Filing 9
ORDER. To protect the public health, while promoting the "just, speedy, and inexpensive determination of eve1y action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b )(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 10/19/23) (yv)
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| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Prime Contractors Inc. served on 10/17/2023, answer due 11/7/2023. 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, 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..(Grancio, Adrianna) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. UTB United Technology, Inc. served on 10/17/2023, answer due 11/7/2023. 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, 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..(Grancio, Adrianna) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 5), Complaint (Dkt. No. 1), Civil Rule 7.1 Statement (Dkt. No. 4), and Litigation Hold Notice served on Defendants, Prime Contractors Inc., UTB United Technology, Inc., and QBE Insurance Corporation, and last known counsel for Defendants on October 17, 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, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Grancio, Adrianna) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Prime Contractors Inc., QBE Insurance Corporation, UTB United Technology, Inc. (vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Filing 4 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, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Grancio, Adrianna) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Prime Contractors Inc., UTB - United Technology, Inc., QBE Insurance Corporation, re: #1 Complaint,. 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, Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Grancio, Adrianna) |
| Filing 2 CIVIL COVER SHEET filed..(Grancio, Adrianna) |
| Filing 1 COMPLAINT against Prime Contractors Inc., QBE Insurance Corporation, UTB United Technology, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28422238)Document filed by Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, 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..(Grancio, Adrianna) |
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| Plaintiff: Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund | |
| Represented By: | Adrianna Grancio |
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| Plaintiff: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Adrianna Grancio |
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| Plaintiff: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Adrianna Grancio |
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| Defendant: Prime Contractors Inc. | |
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| Defendant: UTB United Technology, Inc. | |
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| Defendant: QBE Insurance Corporation | |
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