Alston et al v. Park it Management Corp.
| Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Fred Alston as a Trustee of the Local 272 Welfare Fund and Fred Alston |
| Park it Management Corp. |
| 1:2024cv00143 |
| January 8, 2024 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A.: Delinquent Contributions |
| None |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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Filing 15
NOTICE OF VOLUNTARY DISMISSAL: As the plaintiffs and the defendant have reached a settlement and the delinquent contributions demanded by the Plaintiffs in their complaint have been paid, IT IS HEREBY STIPULATED by the undersigned that pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure that this action be dismissed, without prejudice, and without costs to any of the parties, defendant not having appeared or answered. I hereby consent to the entry of this proposed order. SO ORDERED. (Signed by Judge Dale E. Ho on 2/27/2024) (ks)
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| Filing 14 NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Park it Management Corp.. Document filed by Fred Alston, Fred Alston. Proposed Order to be reviewed by Clerk's Office staff...(Dubin, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jeffrey Dubin. RE-FILE Document No. #13 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct;. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. *** Change PDF caption to Notice of Voluntary Dismissal.*** (nd) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Park it Management Corp. and without costs. Document filed by Fred Alston, Fred Alston. Proposed Order to be reviewed by Clerk's Office staff...(Dubin, Jeffrey) Modified on 2/23/2024 (nd). |
| Filing 12 AFFIDAVIT OF SERVICE of Scheduling Order (Doc. # 11) served on Park It Management Corp. on February 15, 2024. Service was made by UPS Overnight Delivery Service. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
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Filing 11
ORDER: On February 12, 2024, Plaintiff filed a proposed Clerk's Certificate of Default. ECF No. 8. Plaintiffs shall file any motion for default judgment, in accordance with Rule 4(b) of the Court's Individual Practices in Civil Cases (available at https://nysd.uscourts.gov/hon-dale-e-ho), by February 29, 2024. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at HoNYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiffs shall serve a copy of this Order on Defendants via Federal Express within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Dale E. Ho on 2/14/2024) ( Motions due by 2/29/2024.) (ks)
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| Filing 10 CLERK'S CERTIFICATE OF DEFAULT as to Park it Management Corp. (nd) |
| Filing 9 DECLARATION of Jeffrey S. Dubin in Support re: #8 Proposed Clerk's Certificate of Default. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
| Filing 8 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/12/2024 (nd). |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. Park it Management Corp. served on 1/16/2024, answer due 2/6/2024. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State, State of New York. Document filed by Fred Alston; Fred Alston..(Dubin, Jeffrey) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Park it Management Corp...(jgo) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/12/2024 at 11:00 AM before Judge Dale E. Ho. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 913 754 620, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Dale E. Ho on 1/10/2024) (ks)
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| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Park It Management Corp., re: #1 Complaint,. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
| Filing 3 CIVIL COVER SHEET filed..(Dubin, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Stuart Dubin. The party information for the following party/parties has been modified: Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund; Fred Alston as a Trustee of the Local 272 Welfare Fund. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jeffrey Stuart Dubin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Gary Stein 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) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Fred Alston as a Trustee of the Local 272 Welfare Fund..(Dubin, Jeffrey) |
| Filing 1 COMPLAINT against Park it Management Corp.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28783429)Document filed by Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund, Fred Alston as a Trustee of the Local 272 Welfare Fund..(Dubin, Jeffrey) |
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