Trustees of the District Council No. 9 Painting Industry Insurance Fund et al v. Champion Electrical Mechanical Builder Corp.
| Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund, District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund |
| Champion Electrical Mechanical Builder Corp. |
| 7:2018cv07600 |
| August 21, 2018 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on October 16, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 CERTIFICATE OF SERVICE of Order to Show Cause for Default Judgment and supporting documents served on Champion Electrical Mechanical Builder Corp. on October 16, 2018. Service was made by Mail. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Henke, Dana) |
Filing 14
ORDER TO SHOW CAUSE FOR DEFAULT JUDGEMENT: Defendant shall show cause as to why a Judgment by Default should not be entered in favor of Plaintiffs for the relief requested in the Complaint. ORDERED, that objections to the relief requested herein or answering papers, if any, shall be served upon Barnes, Iaccarino & Shepherd LLP, Attn: Dana L. Henke, 258 Saw Mill River Road, Elmsford, NY 10523 by 11/2/2018. ORDERED, that service of a copy of this Order and supporting papers be made upon Defendant, Champion Electrical Mechanical Builder Corp. by Certified Mail Return Receipt Requested on or before 10/22/2018. Proof of service shall be filed on the ECF docket. Show Cause Hearing set for 11/5/2018 at 12:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 10/15/2018) (mml)
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| Filing 13 STATEMENT OF DAMAGES. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund.(Henke, Dana) |
| Filing 12 AFFIRMATION of Dana L. Henke in Support re: #11 Proposed Default Judgment,. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Attachments: #1 Exhibit Pertinent parts of the Trade Agreement, #2 Exhibit Copies of the Summons, Complaint and Proof of Service, #3 Exhibit Copy of the audit request letter)(Henke, Dana) |
| Filing 11 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Henke, Dana) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Henke, Dana) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Champion Electrical Mechanical Builder Corp. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #11 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 8 AFFIRMATION of Dana L. Henke in Support re: #7 Proposed Clerk's Certificate of Default,. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Henke, Dana) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund. (Henke, Dana) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 6 AFFIDAVIT OF SERVICE. Champion Electrical Mechanical Builder Corp. served on 8/22/2018, answer due 9/12/2018. Document filed by Trustees of the District Council No. 9 Painting Industry Insurance Fund; Trustees of the District Council No. 9 Painting Industry Annuity Fund; District Council No. 9 International Union of Painters and Allied Trades. (Henke, Dana) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Champion Electrical Mechanical Builder Corp.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dana Lynne Henke. The party information for the following party/parties has been modified: Trustees of the District Council No. 9 Painting Industry Insurance Fund. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dana Lynne Henke to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Trustees of the District Council No. 9 Painting Industry Annuity Fund; all of the filers were not selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Magistrate Judge Lisa M. Smith is so designated. 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: #http://nysd.uscourts.gov/forms.php. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Case Designated ECF. (jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Trustees of the District Council No. 9 Painting Industry Insurance Fund, District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund added. Party added pursuant to #1 Complaint,.Document filed by Trustees of the District Council No. 9 Painting Industry Insurance Fund, District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Annuity Fund. Related document: #1 Complaint,.(Henke, Dana) |
| Filing 4 CIVIL COVER SHEET filed. (Henke, Dana) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund.(Henke, Dana) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Champion Electrical Mechanical Builder Corp., re: #1 Complaint,. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund. (Henke, Dana) |
| Filing 1 COMPLAINT against Champion Electrical Mechanical Builder Corp.. (Filing Fee $ 400.00, Receipt Number 0208-15476211)Document filed by Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund, District Council No. 9 International Union of Painters and Allied Trades.(Henke, Dana) Modified on 8/22/2018 (jgo). Modified on 8/22/2018 (laq). |
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| Plaintiff: Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: District Council No. 9 International Union of Painters and Allied Trades | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: Trustees of the District Council No. 9 Painting Industry Insurance Fund | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: Trustees of the District Council No. 9 Painting Industry Annuity Fund | |
| Represented By: | Dana Lynne Henke |
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| Defendant: Champion Electrical Mechanical Builder Corp. | |
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