Trustees of the District Council No. 9 Painting Industry Insurance Fund et al v. Sign Acquisition Corporation
| District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund and Trustees of the International Union of Painters and Allied Trades National Pension Fund |
| Sign Acquisition Corporation and Sign Acquisition, LLC |
| 7:2020cv07576 |
| September 16, 2020 |
| 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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Filing 16
ORDER: Pursuant to my Emergency Individual Rules and Practices in Light of COVID-19, last revised September 1, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966. The parties should call in from a landline, announce their names before speaking, and mute their lines when not speaking. This Order is subject to revocation at any time. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. SO ORDERED. (Signed by Judge Cathy Seibel on 11/9/2020) (mml)
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| Filing 15 CERTIFICATE OF SERVICE of Order to Show Cause for Default Judgment with supporting papers served on Sign Acquisition Corporation a/k/a Sign Acquisition, LLC on November 2, 2020. 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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
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Filing 14
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: It is hereby ORDERED, that the defendant show cause at a telephonic conference to be held on the 23rd day of November, 2020 at 12:00 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, Jaccarino & Shepherd LLP, Attn: Dana L. Henke, 258 Saw Mill River Road, Elmsford, NY 10523 by the 16th day of November 2020; and it is further ORDERED, that service of a copy of this Order and supporting papers be made upon Defendant, Sign Acquisition Corporation a/k/a Sign Acquisition LLC. by Certified Mail Return Receipt Requested and by first class mail on or before the 2nd day of November, 2020, and such Service shall be deemed good and sufficient service. Proof of service shall be filed on the ECF docket. (Telephone Conference set for 11/23/2020 at 12:00 PM before Judge Cathy Seibel. Show Cause Response due by 11/16/2020.) (Signed by Judge Cathy Seibel on 10/26/2020) (rro)
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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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 12 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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund. Related Document Number: #10 ..(Henke, Dana) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| 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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund. (Attachments: #1 Exhibit pertinent parts of the Trade Agreement, #2 Exhibit Copies of the Summons, Complaint and Proof of Service, #3 Exhibit Copies of the audit requests).(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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Sign Acquisition Corporation.(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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension 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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension 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 DEFAULT JUDGMENT. Document No. #10 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 6 AFFIDAVIT OF SERVICE. Sign Acquisition Corporation served on 9/21/2020, answer due 10/13/2020. Document filed by Trustees of the International Union of Painters and Allied Trades National Pension Fund; Trustees of the District Council No. 9 Painting Industry Insurance Fund; Trustees of the District Council No. 9 Finishing Trades Institute; 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 Sign Acquisition Corporation..(jgo) |
| 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 #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) |
| Magistrate Judge Judith C. McCarthy 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sign Acquisition Corporation a/k/a Sign Acquisition, LLC, re: #1 Complaint,,. Document filed by District Council No. 9 International Union of Painters and Allied Trades, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension 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 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 2 CIVIL COVER SHEET filed..(Henke, Dana) |
| Filing 1 COMPLAINT against Sign Acquisition Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-21681973)Document filed by Trustees of the International Union of Painters and Allied Trades National Pension Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the District Council No. 9 Finishing Trades Institute, 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: Sign Acquisition Corporation | |
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| Defendant: Sign Acquisition, LLC | |
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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 Finishing Trades Institute | |
| 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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| Plaintiff: Trustees of the International Union of Painters and Allied Trades National Pension Fund | |
| Represented By: | Dana Lynne Henke |
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