Alston v. Centerpark Services LLC et al
| Trustee Fred Alston, Fred Alston as a Trustee of the Local 272 Welfare Fund and Fred Alston |
| Centerpark Services LLC, Centerpark Management LLC and Centerpark LLC |
| 1:2024cv00634 |
| January 29, 2024 |
| US 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 19 NOTICE of Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. Document filed by Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(Madaio, Michael) |
| Filing 18 ANSWER to #3 Complaint. Document filed by Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(Madaio, Michael) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(Madaio, Michael) |
Filing 16
ORDER granting #13 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 3/1/2024) (jca)
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Filing 15
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINTIT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys or the parties that the time within which Defendants Centerpark Services LLC, Centerpark Management LLC, and Centerpark, LLC (collectively "Defendants") may move, answer, or otherwise respond to the Complaint is hereby extended, by thirty (30) days, up to and including March 29, 2024. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendants expressly reserve, any and all defenses. There has been no previous request for an extension of time in connection with this matter. SO ORDERED. Centerpark LLC answer due 3/29/2024; Centerpark Management LLC answer due 3/29/2024; Centerpark Services LLC answer due 3/29/2024., Motions terminated: #14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Michael T. Madaio dated February 29, 2024. filed by Centerpark LLC, Centerpark Services LLC, Centerpark Management LLC. (Signed by Judge Analisa Torres on 3/1/2024) (jca)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Michael T. Madaio dated February 29, 2024. Document filed by Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(Madaio, Michael) |
| Filing 13 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Michael T. Madaio dated February 29, 2024. Document filed by Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(Madaio, Michael) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Centerpark LLC served on 2/7/2024, answer due 2/28/2024. 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 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Centerpark Management LLC served on 2/7/2024, answer due 2/28/2024. 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 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Centerpark Services LLC served on 2/5/2024, answer due 2/26/2024. Service was accepted by Amy Vera, Clerk. Document filed by Fred Alston; Fred Alston..(Dubin, Jeffrey) |
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Filing 9
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every 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 Rule30(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 beheard 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 1/31/2024) (ama)
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Filing 8
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, 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 March 29, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by March 29, 2024, advising the Court that theparties 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 1/31/2024) (ama)
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Filing 7
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 March 29, 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. and as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 1/31/2024) (ama)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC..(pc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Centerpark Services LLC; Centerpark Management LLC; Centerpark LLC, re: #3 Complaint. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
| Filing 3 COMPLAINT against Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC. Document filed by Fred Alston, Fred Alston..(Dubin, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Stuart Dubin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1131 ERISA - Collection of Delinquent Trust Fund. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits. (vf) |
| ***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. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Jeffrey Stuart Dubin. The following party/parties has been removed from this case: Fred Alston. The party was added to the case in error. (Duplicate Party) (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Stuart Dubin to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): not all the filer/filers were selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (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) |
| Magistrate Judge Jennifer Willis 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Dubin, Jeffrey) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Centerpark LLC, Centerpark Management LLC, Centerpark Services LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28874821)Document filed by Fred Alston..(Dubin, Jeffrey) Modified on 1/30/2024 (vf). |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Fred Alston as a Trustee of the Local 272 Welfare Fund added. Party added pursuant to #1 Complaint.Document filed by Fred Alston as a Trustee of the Local 272 Welfare Fund. Related document: #1 Complaint..(Dubin, Jeffrey) |
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