Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds et al v. National Drywall Inc.
| Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds and The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO |
| National Drywall Inc. a/k/a National Drywall Interior's Inc. |
| 1:2024cv01715 |
| March 6, 2024 |
| US District Court for the Southern District of New York |
| Robyn F Tarnofsky |
| Gregory H Woods |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 1145 E.R.I.S.A.: Delinquent Contributions |
| None |
Docket Report
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| Document Text |
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| Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to National Drywall Inc. a/k/a National Drywall Interior's Inc..(nd) |
| Filing 16 AFFIRMATION of Lauren M. Kugielska in Support re: #15 Proposed Clerk's Certificate of Default,. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) |
| Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/26/2024 (nd). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Lauren Kugielska. RE-FILE Document No. #13 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The supporting document was not filed correctly. Re-file the clerk's certificate using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lauren Kugielska to RE-FILE Document #14 Affidavit in Support. Use the event type Other Answers, Affirmation in support (non-motion). (km) |
| Filing 14 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Lauren M. Kugielska in Support re: #13 Proposed Clerk's Certificate of Default,. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) Modified on 4/26/2024 (km). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/26/2024 (km). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds. (Attachments: #1 Affidavit Affirmation in Support of Request for Certificate of Default).(Kugielska, Lauren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/25/2024 (nd). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Lauren Kugielska. RE-FILE Document No. #12 Proposed Clerk's Certificate of Default,,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed clerk's certificate of default; Supporting documents were not filed separately. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. Re-File Affirmation in support (non-motion) found under event list Other Answers. (nd) |
Filing 11
ORDER: By letter dated April 11, 2024, Plaintiffs' counsel informed the Court that "Plaintiffs plan on moving for default judgment." Dkt. No. 9 at 1. If Plaintiffs intend to move for default judgment, Plaintiffs should file a proposed order to show cause accompanied by supporting documentation as discussed in the Court's Individual Rules of Practice in Civil Cases. The Court expects that any application for default judgment will be made by no later than May 10, 2024. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/24/2024) ( Motions due by 5/10/2024.) (ks)
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Filing 10
ORDER granting #9 Letter Motion to Adjourn Conference. Plaintiff's application is GRANTED. The conference scheduled for May 7, 2024 is adjourned sine die. The Clerk of Court is respectfully directed to terminate ECF 9. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/12/2024) (vfr)
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| Filing 9 LETTER MOTION to Adjourn Conference , re: ECF No. 7 addressed to Magistrate Judge Robyn F. Tarnofsky from Lauren M. Kugielska dated April 11, 2024. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. National Drywall Inc. a/k/a National Drywall Interior's Inc. served on 3/12/2024, answer due 4/2/2024. Service was accepted by Amy Lesch. Document filed by Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds; The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
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Filing 7
INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for a telephonic Initial Case Management Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure at 10:30 AM on May 7, 2024. Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time by dialing (646) 453-4442, Access Code: 362 646 949 # Initial Conference set for 5/7/2024 at 10:30 AM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/11/2024) (rro)
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation), All such motions. Referred to Magistrate Judge Robyn F. Tarnofsky. (Signed by Judge Gregory H. Woods on 3/7/2024) (mml)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to National Drywall Inc. a/k/a National Drywall Interior's Inc...(pc) |
| Filing 4 CIVIL COVER SHEET filed..(Kugielska, Lauren) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to National Drywall Inc. a/k/a National Drywall Interior's Inc., re: #1 Complaint,. Document filed by The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds..(Kugielska, Lauren) |
| Filing 1 COMPLAINT against National Drywall Inc. a/k/a National Drywall Interior's Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29045669)Document filed by Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds, The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO..(Kugielska, Lauren) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Lauren Michelle Kugielska to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 3/12/2024. (pc) |
| Magistrate Judge Robyn F. Tarnofsky 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren Michelle Kugielska. The party information for the following party/parties has been modified: Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds, The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO, National Drywall Inc. a/k/a National Drywall Interior's Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren Michelle Kugielska. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 791 (Labor: E.R.I.S.A.); Dollar Demand $659,115,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 720 (Labor: Labor/Mgt. Relations); the Dollar Demand has been modified to blank; the Fee Status code has been modified to pd (paid);. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Lauren Michelle Kugielska. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
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| Plaintiff: Trustees of the Drywall Tapers and Pointers Local Union No.1974 Benefit Funds | |
| Represented By: | Lauren Michelle Kugielska |
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| Plaintiff: The District Council No. 9, Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Painters and Allied Trades, AFL-CIO | |
| Represented By: | Lauren Michelle Kugielska |
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| Defendant: National Drywall Inc. a/k/a National Drywall Interior's Inc. | |
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