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. Tri-State Concrete Polishing LLC et al
| 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 |
| Tri-State Concrete Polishing LLC, Southwest Concrete Polishing, Inc., Phoenix Finishing LLC and Michael Ozzimo |
| 1:2023cv10906 |
| December 15, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: As Defendants' deadline to answer, move, or otherwise respond to the Complaint is now April 2, 2024, the initial pretrial conference scheduled for March 19, 2024, is hereby ADJOURNED to April 18, 2024, at 10:00 a.m. The parties shall continue to abide by the Court's rules as set forth in the Notice of Initial Pretrial Conference. (Dkt. #9). Initial Conference set for 4/18/2024 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/6/2024) (rro)
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| Filing 12 EXHIBIT TO PLEADING re: #10 Amended Complaint,,. 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..(Grancio, Adrianna) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Michael Ozzimo waiver sent on 2/2/2024, answer due 4/2/2024; Phoenix Finishing LLC waiver sent on 2/2/2024, answer due 4/2/2024; Southwest Concrete Polishing, Inc. waiver sent on 2/2/2024, answer due 4/2/2024; Tri-State Concrete Polishing LLC waiver sent on 2/2/2024, answer due 4/2/2024. 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..(Grancio, Adrianna) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adrianna Grancio re: Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): the pleading is amended more than 21 days after service of the original pleading; Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| Filing 10 AMENDED COMPLAINT amending #1 Complaint,, against Michael Ozzimo, Phoenix Finishing LLC, Southwest Concrete Polishing, Inc., Tri-State Concrete Polishing LLC with JURY DEMAND.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. Related document: #1 Complaint,,..(Grancio, Adrianna) Modified on 2/5/2024 (jgo). Modified on 2/6/2024 (vf). |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 19, 2024, at 11:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 3/19/2024 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/12/2024) (rro)
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| Filing 8 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 5), Complaint (Dkt. No. 1), Civil Rule 7.1 Statement (Dkt. No. 4), and a Litigation Hold Notice served on Defendants, Phoenix Finishing LLC, Tri-State Concrete Polishing LLC, Southwest Concrete Polishing, Inc., Michael Ozzimo, and last known counsel for Defendants Tri-State Concrete Polishing LLC and Phoenix Finishing LLC on December 20, 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..(Grancio, Adrianna) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Michael Ozzimo waiver sent on 12/21/2023, answer due 2/20/2024; Phoenix Finishing LLC waiver sent on 12/21/2023, answer due 2/20/2024; Southwest Concrete Polishing, Inc. waiver sent on 12/21/2023, answer due 2/20/2024; Tri-State Concrete Polishing LLC waiver sent on 12/21/2023, answer due 2/20/2024. 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..(Grancio, Adrianna) |
| Filing 6 NOTICE OF APPEARANCE by Richard Barry Ziskin on behalf of Tri-State Concrete Polishing LLC..(Ziskin, Richard) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Michael Ozzimo, Phoenix Finishing LLC, Southwest Concrete Polishing, Inc., Tri-State Concrete Polishing LLC..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 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. (jgo) |
| Case Designated ECF. (jgo) |
| 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..(Grancio, Adrianna) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Tri-State Concrete Polishing LLC, Southwest Concrete Polishing, Inc., Phoenix Finishing LLC, Michael Ozzimo, re: #1 Complaint,,. 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..(Grancio, Adrianna) |
| Filing 2 CIVIL COVER SHEET filed..(Grancio, Adrianna) |
| Filing 1 COMPLAINT against Michael Ozzimo, Phoenix Finishing LLC, Southwest Concrete Polishing, Inc., Tri-State Concrete Polishing LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28700047)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..(Grancio, Adrianna) |
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| Plaintiff: 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: | 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: Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Adrianna Grancio |
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| Defendant: Tri-State Concrete Polishing LLC | |
| Represented By: | Richard Barry Ziskin |
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| Defendant: Southwest Concrete Polishing, Inc. | |
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| Defendant: Phoenix Finishing LLC | |
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| Defendant: Michael Ozzimo | |
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