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. Everlast Scaffolding Inc.
| 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 The Carpenter Contractor Alliance of Metropolitan New York |
| Everlast Scaffolding Inc. |
| 1:2024cv01321 |
| February 21, 2024 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. The pre-motion conference is adjourned to April 26, 2024 at 9:30 a.m. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 20 CONSENT LETTER MOTION to Adjourn Conference currently scheduled for Tuesday, April 23, 2024, at 10:00 a.m. addressed to Judge Edgardo Ramos from Maura Moosnick, Esq. dated April 17, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| Filing 19 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Peter Kutil dated April 16, 2024 re: #16 LETTER MOTION for Conference - Pre-Motion Conference addressed to Judge Edgardo Ramos from Maura Moosnick, Esq. dated April 9, 2024. Letter response is submitted in partial opposition.. Document filed by Everlast Scaffolding Inc...(Kutil, Peter) |
| RESCHEDULING NOTICE: The pre-motion conference previously scheduled for 10:30 a.m. on April 23, 2024, is rescheduled for 10:00 a.m. on April 23. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (jar) |
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Filing 18
ORDER granting #16 Letter Motion for Conference. A pre-motion conference will be held on April 23, 2024, at 10:30 AM by telephone. Respondents are directed to respond by April 17, 2024. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 17 NOTICE OF APPEARANCE by Jayden N. Peters on behalf of 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Peters, Jayden) |
| Filing 16 LETTER MOTION for Conference - Pre-Motion Conference addressed to Judge Edgardo Ramos from Maura Moosnick, Esq. dated April 9, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Everlast Scaffolding Inc...(Kutil, Peter) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 CROSS MOTION to Vacate Arbitration and in Opposition to Petition. . Document filed by Everlast Scaffolding Inc...(Kutil, Peter) |
| Filing 13 CROSS MOTION to Vacate Arbitration and in Opposition to Petition. Document filed by Everlast Scaffolding Inc.. (Attachments: #1 Affidavit Party Certification, #2 Exhibit Exhibit A - Petitioner's Claims, #3 Exhibit Exhibit B - Details of Non-PLA jobs, #4 Affidavit Attorney Affirmation, #5 Exhibit Exhibit A - Notice of Arbitration, #6 Exhibit Exhibit B - Virtual Hearing Notice, #7 Exhibit Exhibit C - E-mails pre 9-7-23 arbitration hearing, #8 Exhibit Exhibit D - E-mails post 9-7-23 and prior to 10-1-23, #9 Exhibit Exhibit E - 10-5-23 petitioner e-mail, #10 Exhibit Exhibit F - 10-5-23 respondent e-mail, #11 Exhibit Exhibit G - 10-5-23 arbitrator's e-mail, #12 Exhibit Exhibit H - 10-17-23 protest letter).(Kutil, Peter) |
| Filing 12 ANSWER to Complaint. Document filed by Everlast Scaffolding Inc...(Kutil, Peter) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. Defendant's request to extend the time to respond to the petition, until April 5, 2024, is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/25/2024) (jca)
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| Filing 10 LETTER MOTION for Extension of Time to respond to petition from March 25, 2024 to April 5, 2024 addressed to Judge Edgardo Ramos from Peter Kutil dated March 25, 2024. Document filed by Everlast Scaffolding Inc...(Kutil, Peter) |
| Set/Reset Deadlines: Responses due by 4/5/2024 (jca) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 6), Petition to Confirm an Arbitration Award with Exhibits A through R (Dkt. No. 1), Rule 7.1 Corporate Disclosure Statement (Dkt. No. 4), and Memorandum of Law in Support of the Petition to Confirm an Arbitration Award (Dkt. No. 5) served on Respondent, Everlast Scaffolding Inc. on March 6, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,, served. Everlast Scaffolding Inc. served on 3/4/2024, answer due 3/25/2024. Service was accepted by Colleen Banahan, 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, and 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 7 AFFIDAVIT OF SERVICE of Summons (Dkt. No. 6), Petition to Confirm an Arbitration Award with Exhibits A through R (Dkt. No. 1), Rule 7.1 Corporate Disclosure Statement (Dkt. No. 4), and Memorandum of Law in Support of the Petition to Confirm an Arbitration Award (Dkt. No. 5) served on Respondent, Everlast Scaffolding Inc., and known counsel for Respondent Everlast Scaffolding Inc. on February 26, 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Everlast Scaffolding Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 5 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,, . 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Everlast Scaffolding Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. 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, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Moosnick, Maura) |
| Filing 2 CIVIL COVER SHEET filed..(Moosnick, Maura) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-28976908).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, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit A - DASNY PLA LOA, #2 Exhibit B - DASNY PLA, #3 Exhibit C - SCA LOAs, #4 Exhibit D - 2015-2019 SCA PLA, #5 Exhibit E - SCA FAQ, #6 Exhibit F - 2021-2025 SCA PLA, #7 Exhibit G - CBA, #8 Exhibit H - Pension Fund Trust Agreement, #9 Exhibit I - Welfare Fund Trust Agreement, #10 Exhibit J - Annuity Fund Trust Agreement, #11 Exhibit K - Apprenticeship, Journeyman Retraining and Educational and Industry Fund Trust Agreement, #12 Exhibit L - Collection Policy, #13 Exhibit M - Audit Report and Arbitration Interest Calculation, #14 Exhibit N - Notices of Hearings, #15 Exhibit O - October 17, 2023 Award, #16 Exhibit P - October 26, 2023 Demand Letter, #17 Exhibit Q - History Bill for the Court, #18 Exhibit R - Proposed Judgment).(Moosnick, Maura) |
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| Petitioner: 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: | Maura S. Moosnick |
| Represented By: | Jayden N. Peters |
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| Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Maura S. Moosnick |
| Represented By: | Jayden N. Peters |
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| Petitioner: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Maura S. Moosnick |
| Represented By: | Jayden N. Peters |
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| Respondent: Everlast Scaffolding Inc. | |
| Represented By: | Peter Mario Kutil |
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