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. Biltmore General 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 |
| Biltmore General Contractors Inc., Liberty Mutual Insurance Company, ABC Construction Contracting Inc. and The Ohio Casualty Insurance Company |
| 1:2023cv11275 |
| December 29, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| 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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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. ABC Construction Contracting Inc. served on 2/23/2024, answer due 3/15/2024. Service was accepted by Sue Zouky, 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..(Moosnick, Maura) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 18), Amended Complaint (Dkt. No. 16), Civil Rule 7.1 Statement (Dkt. No. 4), and a Litigation Hold Notice served on Defendants, ABC Construction Contracting Inc. and The Ohio Casualty Insurance Company on February 22, 2024. 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..(Moosnick, Maura) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to ABC Construction Contracting Inc., The Ohio Casualty Insurance Company..(jgo) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to ABC Construction Contracting Inc. and The Ohio Casualty Insurance Company, re: #16 Amended 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..(Moosnick, Maura) |
| Filing 16 AMENDED COMPLAINT amending #1 Complaint, against Biltmore General Contractors Inc., Liberty Mutual Insurance Company, ABC Construction Contracting Inc., The Ohio Casualty Insurance Company.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. Related document: #1 Complaint,..(Moosnick, Maura) |
Filing 15
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that the time for Defendants Biltmore General Contractors, Inc and Liberty Mutual Insurance Company, to answer the Complaint is hereby extended through and including March 1, 2024. IT IS FURTHER STIPULATED AND AGREED that any electronic/pdf signatures herein shall be accepted as originals. SO ORDERED. Biltmore General Contractors Inc. answer due 3/1/2024; Liberty Mutual Insurance Company answer due 3/1/2024. (Signed by Judge Valerie E. Caproni on 2/15/2024) (tg) Modified on 2/16/2024 (tg).
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Filing 14
ORDER granting #12 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff must file a clean version of its amended complaint, attached as Exhibit B, as a separate docket entry by no later than Tuesday, February 20, 2024. The Initial Pretrial Conference scheduled for Friday, March 1, 2024, at 10:00 A.M. is ADJOURNED to Friday, April 5, 2024, at 10:00 A.M. to allow time for Plaintiff to serve the newly added defendants and for those defendants to appear. The deadline for the parties to submit a joint letter, containing the information described in Dkt. 7 at 2, and a proposed case management plan is extended from Thursday, February 22, 2024, to Thursday, March 28, 2024. The Court will file the parties' signed stipulation by separate order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/15/2024) (mml)
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| Filing 13 PROPOSED STIPULATION AND ORDER. 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..(Moosnick, Maura) |
| Filing 12 LETTER MOTION for Leave to File Amended Complaint and request to adjourn the initial pretrial conference scheduled for March 1, 2024 addressed to Judge Valerie E. Caproni from Maura Moosnick, Esq. dated February 15, 2024. 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. (Attachments: #1 Exhibit A - Amended Complaint - Redline, #2 Exhibit B - Amended Complaint - Clean).(Moosnick, Maura) |
| Set/Reset Deadlines: (Amended Pleadings due by 2/20/2024.) Set/Reset Hearings: (Initial Conference set for 4/5/2024 at 10:00 AM before Judge Valerie E. Caproni.) (mml) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Liberty Mutual Insurance Company served on 1/8/2024, answer due 2/16/2024. 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..(Moosnick, Maura) |
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Filing 10
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that the time for Defendants Biltmore General Contractors, Inc. and Liberty Mutual Insurance Company, to answer the Complaint is hereby extended through and including February 16, 2024. IT IS FURTHER STIPULATED AND AGREED that any electronic/pdf signatures herein shall be accepted as originals. SO ORDERED. Biltmore General Contractors Inc. answer due 2/16/2024; Liberty Mutual Insurance Company answer due 2/16/2024., Motions terminated: #9 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Valerie E. Caproni from Gayle A Rosen on behalf of Lisa A Gutman dated 01/24/24 filed by Liberty Mutual Insurance Company, Biltmore General Contractors Inc. (Signed by Judge Valerie E. Caproni on 1/25/2024) (vfr)
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| Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Valerie E. Caproni from Gayle A Rosen on behalf of Lisa A Gutman dated 01/24/24. Document filed by Biltmore General Contractors Inc., Liberty Mutual Insurance Company. (Attachments: #1 Supplement Stipulation).(Rosen, Gayle) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 5), Complaint (Dkt. No. 1), Civil Rule 7.1 Statement (Dkt. No. 4), a Litigation Hold Notice, and the Notice of Initial Pretrial Conference issued by Judge Caproni on January 4, 2024 (Dkt. No. 7) served on Defendants, Biltmore General Contractors Inc. and Liberty Mutual Insurance Company, and last known counsel for Defendant Biltmore General Contractors Inc. on January 4, 2024. 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..(Moosnick, Maura) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/1/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/4/2024) (ks)
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| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Biltmore General Contractors Inc. served on 1/3/2024, answer due 1/24/2024. 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..(Moosnick, Maura) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Biltmore General Contractors Inc., Liberty Mutual Insurance Company..(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge James L. Cott 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. (gp) |
| Case Designated ECF. (gp) |
| 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..(Moosnick, Maura) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Biltmore General Contractors Inc. and Liberty Mutual Insurance Company, 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..(Moosnick, Maura) |
| Filing 2 CIVIL COVER SHEET filed..(Moosnick, Maura) |
| Filing 1 COMPLAINT against Biltmore General Contractors Inc., Liberty Mutual Insurance Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-28749530)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..(Moosnick, Maura) |
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| Search for this case: 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. Biltmore General Contractors Inc. et al | |
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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: | Maura S. Moosnick |
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| Plaintiff: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Maura S. Moosnick |
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| Plaintiff: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Maura S. Moosnick |
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| Defendant: Biltmore General Contractors Inc. | |
| Represented By: | Gayle A. Rosen |
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| Defendant: Liberty Mutual Insurance Company | |
| Represented By: | Gayle A. Rosen |
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| Defendant: ABC Construction Contracting Inc. | |
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| Defendant: The Ohio Casualty Insurance Company | |
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