Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund et al v. Adel-Fia Contracting Corp.
| Trustees of the District Council No. 9 Painting Industry Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund and District Council No. 9 International Union of Painters and Allied Trades |
| Adel-Fia Contracting Corp. |
| 7:2018cv12356 |
| December 31, 2018 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on February 27, 2019. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting #16 Letter Motion to Adjourn Conference: Show Cause Hearing adjourned to 4/29/2019 at 11:00 am. No further adjournments. (I am not even clear on why an adjournment of two months was necessary, but if the parties cannot resolve the matter by 4/29/19, Defendant needs to appear through counsel and show cause or a default judgment will be entered.) Plaintiff's counsel shall convey a copy of this text-only order to Defendant. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 16 LETTER MOTION to Adjourn Conference of the Order to Show Cause for a Default Judgment addressed to Judge Cathy Seibel from Dana L. Henke dated February 27, 2019. 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 15 CERTIFICATE OF SERVICE of Order to Show Cause for Default Judgment and supporting documents served on Adel-Fia Contracting Corp. on February 1, 2019. 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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund. (Henke, Dana) |
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Filing 14
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT. It is hereby ORDERED, that the defendant, Adel-Fia Contracting Corp., show cause at a conference to be held on the 28th day of February, 2019 at 3:45 P.M. before the Honorable Cathy Seibel White Plains, Courtroom 621, of that day or as soon thereafter as counsel can be heard why a Judgment by Default should not be entered in favor of Plaintiffs for the relief requested in the Complaint, and it is further ORDERED, that objections to the relief requested herein or answering papers, if any, shall be filed with the Court and served upon Barnes, Iaccarino & Shepherd LLP, Attn: Dana L. Henke, 258 Saw Mill River Road, Elmsford, NY 10523 by the 21st day of February, 2019, and it is further ORDERED, that service of a copy of this Order and supporting papers be made upon Defendant, Adel-Fia Contracting Corp., by Certified Mail Return Receipt Requested and First Class Mail on or before the 7th day of February, 2019, and such Service shall be deemed good and sufficient service. Proof of service shall be filed on the ECF docket. So Ordered. (Show Cause Hearing set for 2/28/2019 at 03:45 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 1/31/19) (yv) Modified on 2/1/2019 (yv).
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| Filing 13 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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund. (Henke, Dana) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund.(Henke, Dana) |
| Filing 11 AFFIRMATION of Dana L. Henke in Support re: #10 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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity 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 10 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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund. (Henke, Dana) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Adel-Fia Contracting Corp. (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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity 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 Insurance Fund and Trustees of the District Council No. 9 Painting Industry Annuity Fund. (Henke, Dana) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #13 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. #10 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Adel-Fia Contracting Corp. served on 1/2/2019, answer due 1/23/2019. 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) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Adel-Fia Contracting Corp.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Adel-Fia Contracting 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 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 CIVIL COVER SHEET filed. (Henke, Dana) |
| Filing 1 COMPLAINT against Adel-Fia Contracting Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16119991)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) |
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| Defendant: Adel-Fia Contracting Corp. | |
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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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