Building Service 32BJ Health Fund et al v. Fifth Avenue Building Company LLC et al
| Building Service 32BJ Pension Fund, Building Service 32BJ Supplemental Retirement and Savings Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Health Fund and Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund |
| Fifth Avenue Building Company LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., 805 Third New York LLC, D & D Building Company LLC, Three Park Avenue Building Co., L.P., International Plaza Associates, L.P., 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., 622 Third Avenue Company, LLC and 135 East 57th Street LLC |
| 1:2024cv06777 |
| September 6, 2024 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A.: Delinquent Contributions |
| None |
Docket Report
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This docket was last retrieved on December 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . . Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 24 REPLY AFFIRMATION of Ira A. Sturm in Support re: #4 MOTION for Preliminary Injunction .. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund. (Attachments: #1 Exhibit A - Summary of Current Delinquencies, #2 Exhibit B - Proposed State Court Judgment, #3 Exhibit C Proposed State Court Judgment Third Avenue Company, #4 Exhibit D Proposed State Court Judgment 475 Building, #5 Exhibit E Proposed State Court Judgment 135 E. 57th St., #6 Exhibit F Proposed State Judgment International Plaza, #7 Exhibit G Proposed State Judgment Three Park Ave, #8 Exhibit H Proposed State Judgment 805 Third Ave.).(Sturm, Ira) |
| Filing 23 NOTICE OF APPEARANCE by Jason Brett Jendrewski on behalf of Three Park Avenue Building Co., L.P., D & D Building Company LLC, 135 East 57th Street LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., Fifth Avenue Building Company LLC, 622 Third Avenue Company, LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., International Plaza Associates, L.P...(Jendrewski, Jason) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #4 MOTION for Preliminary Injunction . . Document filed by Three Park Avenue Building Co., L.P., D & D Building Company LLC, 135 East 57th Street LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., Fifth Avenue Building Company LLC, 622 Third Avenue Company, LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., International Plaza Associates, L.P...(Goldberg, Jerrold) |
| Filing 21 AFFIDAVIT of Veronica Olmo in Opposition re: #4 MOTION for Preliminary Injunction .. Document filed by Three Park Avenue Building Co., L.P., D & D Building Company LLC, 135 East 57th Street LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., Fifth Avenue Building Company LLC, 622 Third Avenue Company, LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., International Plaza Associates, L.P...(Goldberg, Jerrold) |
| Filing 20 STATUS REPORT. Document filed by Three Park Avenue Building Co., L.P., D & D Building Company LLC, 135 East 57th Street LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., Fifth Avenue Building Company LLC, 622 Third Avenue Company, LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., International Plaza Associates, L.P...(Goldberg, Jerrold) |
Filing 19
ORDER: As discussed at the telephone conference held today, the parties are directed to file a status letter by November 20, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/2024) (ks)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 11/13/2024. (Fletcher, Donnie) |
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Filing 18
ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply. No stipulation was attached but the schedule is approved. SO ORDERED. (Signed by Judge John G. Koeltl on 11/7/2024) Responses due by 11/23/2024 Replies due by 12/9/2024. (ks)
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| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Three Park Avenue Building Co., L.P., D & D Building Company LLC, 135 East 57th Street LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., Fifth Avenue Building Company LLC, 622 Third Avenue Company, LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., International Plaza Associates, L.P...(Goldberg, Jerrold) |
| Filing 16 ANSWER to #1 Complaint,,. Document filed by Three Park Avenue Building Co., L.P., D & D Building Company LLC, 135 East 57th Street LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., Fifth Avenue Building Company LLC, 622 Third Avenue Company, LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., International Plaza Associates, L.P...(Goldberg, Jerrold) |
| Filing 15 LETTER MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Preliminary Injunction . addressed to Judge John G. Koeltl from Ira A. Sturm dated November 6, 2024. Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund. Return Date set for 11/18/2024 at 10:00 AM..(Sturm, Ira) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp. waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Building Service 32BJ Legal Services Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Health Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. D & D Building Company LLC waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Three Park Avenue Building Co., L.P. waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. International Plaza Associates, L.P. waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P. waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. 622 Third Avenue Company, LLC waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. 805 Third New York LLC waiver sent on 9/6/2024, answer due 11/6/2024. Document filed by Building Service 32BJ Legal Services Fund; Building Service 32BJ Pension Fund; Building Service 32BJ Health Fund; Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund; Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
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Filing 14
ORDER The parties are directed to appear, by phone, for a conference regarding the plaintiff's motion for preliminary injunction on Wednesday, November 13, 2024, at 12:30 p.m. Dial-in: 888-363-4749, with access code 8140049. ( Telephone Conference set for 11/13/2024 at 12:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/4/2024) (jjc)
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| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . . Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
| Filing 4 MOTION for Preliminary Injunction . Document filed by Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Legal Services Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund. Return Date set for 11/18/2024 at 10:00 AM. (Attachments: #1 Affidavit Thomas Ormsby, #2 Exhibit A - Complaint, #3 Exhibit B - Part 1- Collective Bargaining Agreement Extension, #4 Exhibit B - Part 2- CBA 2020, #5 Exhibit C - Collection Policy, #6 Exhibit D - Calculations of Delinquencies).(Sturm, Ira) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 12/12/2024 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 3 CIVIL COVER SHEET filed. (Attachments: #1 Appendix Rider to Civil Cover Sheet).(Sturm, Ira) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ira A Sturm to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Nature of Suit code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated May 28, 2024. The S.D.N.Y. Civil Cover Sheet dated May 28, 2024 is located at#http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
| Magistrate Judge Stewart D. Aaron 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) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Appendix Rider to Civil Cover Sheet).(Sturm, Ira) Modified on 9/9/2024 (jgo). |
| Filing 1 COMPLAINT against 135 East 57th Street LLC, 475 Building Company, L.L.C. a/k/a 475 Building Company, L.P., 622 Third Avenue Company, LLC, 805 Third New York LLC, Cohen Brothers Realty Corporation, a/k/a Cohen Brothers Realty Corp., D & D Building Company LLC, Fifth Avenue Building Company LLC, International Plaza Associates, L.P., Three Park Avenue Building Co., L.P.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29856467)Document filed by Building Service 32BJ Legal Services Fund, Building Service 32BJ Pension Fund, Building Service 32BJ Health Fund, Building Service 32BJ Thomas Shortman Training, Scholarship and Safety Fund, Building Service 32BJ Supplemental Retirement and Savings Fund..(Sturm, Ira) |
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