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. Milcon Construction Corporation 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 |
| Milcon Construction Corporation, 20 Contracting Corp Inc. and ION Insurance Company, Inc. |
| 1:2024cv01253 |
| February 20, 2024 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| Defendant |
Docket Report
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This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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Filing 22
CERTIFICATE OF SERVICE of the Civil Case Management Plan and Scheduling Order issued by Judge Subramanian on April 12, 2024 (Dkt. No. 21), with accompanying docket text served on counsel for Defendant ION Insurance Company, Inc. on April 12, 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 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The case is not to be tried to a jury. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Practices shall be served by 9/20/24, answering papers by 10/10/24, and reply papers by 10/24/24. Each party must file its respective papers on the same date that such papers are served. The initial pretrial conference is hereby CANCELED. SO ORDERED. Amended Pleadings due by 6/15/2024. Joinder of Parties due by 6/15/2024. Motions due by 9/20/2024. Responses due by 10/10/2024 Replies due by 10/24/2024. Depositions due by 7/15/2024. Discovery due by 8/20/2024. (Signed by Judge Arun Subramanian on 4/12/2024) (vfr)
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| Filing 20 JOINT LETTER addressed to Judge Arun Subramanian from Maura Moosnick, Esq. dated April 11, 2024 re: the information requested in the Court's March 13, 2024 Order (ECF No. 15). AMENDED LETTER.. 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 - Proposed Case Management Plan).(Moosnick, Maura) |
| Filing 19 JOINT LETTER addressed to Judge Arun Subramanian from Maura Moosnick and Saul Zabell dated April 11, 2024 re: the information requested in the Court's March 13, 2024 Order (ECF No. 15). 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 - Proposed Case Management Plan).(Moosnick, Maura) |
| Filing 18 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by 20 Contracting Corp Inc., Milcon Construction Corporation..(Eden, Ryan) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. ION Insurance Company, Inc. waiver sent on 3/28/2024, answer due 5/28/2024. 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 16 CERTIFICATE OF SERVICE of the Notice of Initial Pretrial Conference issued by Judge Subramanian on March 13, 2024 (Dkt. No. 15) and the Court's Individual Practices in Civil Cases served on counsel for Defendant ION Insurance Company, Inc. on March 13, 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 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. The parties requested an extension of time for Defendants to answer, move, or otherwise respond to the Complaint. It is hereby ORDERED that the request is GRANTED. Defendants shall answer or move by April 1, 2024. Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on April 15, 2024 at 3:00 PM. The conference will take place via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: [627 623 297], followed by the pound (#) sign. SO ORDERED. ( Initial Conference set for 4/15/2024 at 03:00 PM before Judge Arun Subramanian.), 20 Contracting Corp Inc. answer due 4/1/2024; ION Insurance Company, Inc. answer due 4/1/2024; Milcon Construction Corporation answer due 4/1/2024.( Motions due by 4/1/2024.) (Signed by Judge Arun Subramanian on 3/13/2024) (vfr)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by 20 Contracting Corp Inc., Milcon Construction Corporation..(Zabell, Saul) |
| 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 SUMMONS RETURNED EXECUTED Summons and Complaint, served. ION Insurance Company, Inc. served on 2/26/2024, answer due 3/18/2024. Service was accepted by Opal Whitney, Managing Agent. 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 11 NOTICE OF APPEARANCE by Ryan M Eden on behalf of 20 Contracting Corp Inc., Milcon Construction Corporation..(Eden, Ryan) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Milcon Construction Corporation..(Zabell, Saul) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 20 Contracting Corp Inc...(Zabell, Saul) |
| Filing 8 NOTICE OF APPEARANCE by Saul David Zabell, Off on behalf of 20 Contracting Corp Inc., Milcon Construction Corporation..(Zabell, Saul) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 5), Complaint (Dkt. No. 1), Rule 7.1 Corporate Disclosure Statement (Dkt. No. 4), a Litigation Hold Notice, and the Summons Returned Executed regarding service of the pleadings on Defendant Milcon Construction Corporation (Dkt. No. 6) served on Defendants, Milcon Construction Corporation, 20 Contracting Corp Inc., and ION Insurance Company, Inc., and last known counsel for Defendant Milcon Construction Corporation 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 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Milcon Construction Corporation served on 2/22/2024, answer due 3/14/2024. 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 5 ELECTRONIC SUMMONS ISSUED as to 20 Contracting Corp Inc., ION Insurance Company, Inc., Milcon Construction Corporation..(gp) |
| 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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) |
| 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 Milcon Construction Corporation, 20 Contracting Corp Inc., ION Insurance Company, Inc., 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 20 Contracting Corp Inc., ION Insurance Company, Inc., Milcon Construction Corporation. (Filing Fee $ 405.00, Receipt Number ANYSDC-28968153)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. Milcon Construction Corporation 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: Milcon Construction Corporation | |
| Represented By: | Saul David Zabell, Off |
| Represented By: | Ryan M Eden |
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| Defendant: 20 Contracting Corp Inc. | |
| Represented By: | Saul David Zabell, Off |
| Represented By: | Ryan M Eden |
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| Defendant: ION Insurance Company, Inc. | |
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