Fred Alston as a Trustee of the Local 272 Labor-Management Pension Fund et al v. Surrey Garage Corp.
| Fred Alston as a Trustee of the Local 272 Welfare Fund and Fred Alston as a Trustee of the Local 272 Labor-Management Pension Fund |
| Surrey Garage Corp. |
| 1:2024cv04877 |
| June 27, 2024 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| 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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This docket was last retrieved on August 20, 2024. A more recent docket listing may be available from PACER.
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter, filed by Fred Alston as a Trustee of the Local 272 Welfare Fund, Fred Alston as a Trustee of the Local 272 Labor-Management Pension Fund. ENDORSEMENT: Plaintiff is ORDERED to mail the summons, complaint, and a copy of this Order to Defendant's last known address via Federal Express. Plaintiff shall file proof of service within one week. In light of Plaintiff's representation, the initial pretrial conference scheduled to take place on September 5, 2024, and the due date for the proposed case management plan, are ADJOURNED sine die, pending appearance by Defendant. SO ORDERED. (Signed by Judge Dale E. Ho on 8/19/2024) (tg)
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| Filing 13 LETTER addressed to Judge Dale E. Ho from Jeffrey S. Dubin dated 08/19/2024 re: Status Report. 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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Filing 12
ORDER: Accordingly, Plaintiffs are ORDERED to file a status letter by August 20, 2024. Plaintiffs are on notice that failure to comply with Court orders may result in sanctions, including dismissal of their case. SO ORDERED. (Signed by Judge Dale E. Ho on 8/16/2024) (ks)
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| Filing 11 DECLARATION of Jeffrey S. Dubin re: #10 Order,,,, Set Deadlines/Hearings,,, Declaration of E Mail Service on defendant of Doc. # 10.. 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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Filing 10
ORDER: Accordingly, within one week of this Order, Plaintiff is hereby ORDERED to file on ECF a letter updating the Court on the status of the case. The letter shall address (1) whether there have been any communications with Defendant Surrey Garage Corp., including a description of efforts at service and contact made to date, and (2) whether Plaintiff intends to move for default judgment or to voluntarily dismiss this case. In light of Defendant Surrey Garage Corp.'s non-appearance, the parties' deadline to submit a proposed case management plan and scheduling order is ADJOURNED to August 28, 2024. The initial pretrial conference is ADJOURNED to September 5, 2024, at 11:00 a.m. (E.T.). The Microsoft Teams information remains unchanged. Accordingly, the parties shall dial 646-453-4442, enter the meeting code 519555136, and press pound (#). SO ORDERED. (Signed by Judge Dale E. Ho on 8/8/2024) (ks) Modified on 8/8/2024 (ks).
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| Set/Reset Hearings: Initial Conference set for 9/5/2024 at 11:00 AM before Judge Dale E. Ho. (ks) |
| Filing 9 DECLARATION of Jeffrey S. Dubin re: #7 Order for Initial Pretrial Conference, Declaration of Service on defendant.. 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. (Attachments: #1 Supplement E mail transmition to defendant of District Judge Ho' s Notice of Initial Pretrial Conference Order).(Dubin, Jeffrey) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Surrey Garage Corp. served on 7/15/2024, answer due 8/5/2024. Service was accepted by Sue Zouky, authorized agent in the office of the Secretary of the State, of the State of New York. 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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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/15/2024 at 12:00 PM 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: 519 555 136, followed by the pound (#) sign. SO ORDERED (Signed by Judge Dale E. Ho on 6/28/2024) (ks)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Surrey Garage Corp...(jgo) |
| 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. (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) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to SURREY GARAGE CORP., re: #2 Complaint. 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 4 CIVIL COVER SHEET filed..(Dubin, Jeffrey) |
| Filing 3 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 2 COMPLAINT against Surrey Garage Corp.. 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 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Surrey Garage Corp.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29540250)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) Modified on 6/28/2024 (jgo). |
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| Plaintiff: Fred Alston as a Trustee of the Local 272 Welfare Fund | |
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| Plaintiff: Fred Alston as a Trustee of the Local 272 Labor-Management Pension Fund | |
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