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. USA Roofing Company Corp.
| 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 |
| USA Roofing Company Corp. and USA Roofing Co. Corp. |
| 1:2023cv10346 |
| November 27, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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Filing 10
CERTIFICATE OF SERVICE of Order to Show Cause issued by Judge Carter on December 26, 2023 (Dkt. No. 9) served on Respondent, USA Roofing Company Corp. a/k/a USA Roofing Co. Corp. on December 28, 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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Filing 9
ORDER TO SHOW CAUSE: Petitioners filed a petition to confirm an arbitration award on November 27, 2023, ECF No. 1. On November 29, 2023, Respondent was served with the petition and accompanying attachments, ECF No. 7. Respondent's deadline to file a response was December 20, 2023. To date, Respondent has not filed a response. Accordingly, Respondent is ORDERED TO SHOW CAUSE as to why Petitioners' petition should not be deemed unopposed. Respondent must file a written response to Petitioners' petition by January 9, 2024. Failure to respond will result in Petitioners' petition being deemed unopposed. Petitioners are directed to serve this order to show cause on Respondent by December 28, 2023 and file an affidavit of service by that date. SO ORDERED. USA Roofing Company Corp. answer due 1/9/2024. (Signed by Judge Andrew L. Carter, Jr on 12/26/2023) (tg)
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| Filing 8 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 6), Petition to Confirm an Arbitration Award with Exhibits A through O (Dkt. No. 1), Civil Rule 7.1 Statement (Dkt. No. 4), and Memorandum of Law in Support of Petition to Confirm Arbitration Award (Dkt. No. 5) served on Respondent, USA Roofing Company Corp. a/k/a USA Roofing Co. Corp. on November 29, 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) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, served. USA Roofing Company Corp. served on 11/29/2023, answer due 12/20/2023. 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 6 ELECTRONIC SUMMONS ISSUED as to USA Roofing Company Corp...(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc) |
| 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 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 3 REQUEST FOR ISSUANCE OF SUMMONS as to USA Roofing Company Corp. a/k/a USA Roofing Co. Corp., 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-28615357).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 - PLA Letter of Assent, #2 Exhibit B - PLA, #3 Exhibit C - PLA Schedule "A", #4 Exhibit D - CBA, #5 Exhibit E - Pension Fund Agreement and Declaration of Trust with Amendments through August 2018, #6 Exhibit F - Welfare Fund Trust Agreement with Amendments through August 2018, #7 Exhibit G - Annuity Fund Amended Agreement and Declaration of Trust with Amendments through August 2018, #8 Exhibit H - Apprenticeship Fund Agreement and Declaration of Trust with Amendments through August 2018, #9 Exhibit I - Collection Policy, #10 Exhibit J - Estimated Audit Calculation, #11 Exhibit K - August 10, 2023 Notice of Hearing, #12 Exhibit L - September 18, 2023 Award, #13 Exhibit M - September 20, 2023 Demand Letter, #14 Exhibit N - History Bill for the Court, #15 Exhibit O - Proposed Judgment).(Moosnick, Maura) |
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| Respondent: USA Roofing Company Corp. | |
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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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