The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO et al v. Mastercraft Masonry I, Inc.
| The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO and International Union of Operating Engineers Local 14-14B, AFL-CIO |
| Mastercraft Masonry I, Inc. |
| 7:2021cv05087 |
| June 9, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #19 Letter Motion for Extension of Time to Answer addressed to Judge Cathy Seibel from James M. Steinberg, Esq. dated August 2, 2021. The Order to Show Cause (Doc. 16) is hereby VACATED. Defendant may have until 10/4/21 to respond to the Complaint. No further extensions. The Clerk of Court shall terminated Doc. 19. SO ORDERED. Mastercraft Masonry I, Inc. answer due 10/4/2021. (Signed by Judge Cathy Seibel on 8/2/2021) (mml)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 20 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/2/2021 (dt). |
| Filing 19 Vacated as per Judge's Order dated 8/2/2021, Doc. # 22 LETTER MOTION for Extension of Time to File Answer addressed to Judge Cathy Seibel from James M. Steinberg, Esq. dated August 2, 2021. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) Modified on 8/2/2021 (mml). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Steinberg, James to RE-FILE Document #20 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Change Title of Document to Stipulation and Order, have attorneys sign (ink Signatures, then re-file. (dt) |
| Filing 18 NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of Mastercraft Masonry I, Inc...(Maguire, Amanda) |
| Filing 17 CERTIFICATE OF SERVICE of Declaration for Certificate of Default, Certificate of Default, Order to Show Cause, Statement of Damages, Supporting Affidavits with Exhibits and Memorandum of Law served on Mastercraft Masonry I, Inc. on July 23, 2021. Service was made by Express Mail Delivery. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
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Filing 16
ORDER TO SHOW CAUSE FOR DEFAULT JUDGEMENT: Defendant MASTERCRAFT MASONRY I, INC. shall show cause as to why why an order should not be made herein for a judgment of default against Defendant MASTERCRAFT MASONRY I, INC. pursuant to Rule 55(a) of the Federal Rules of Civil Procedures as follows: (a) an Order requiring Defendant to cooperate in the performance of an audit by Plaintiffs, by providing all requested books and records which are relevant to whether there has been a deficiency in the required fringe benefit contributions, dues assessment and defense fund payments for the period of July 1, 2017 through May 31, 2021; (b) an Order affording Plaintiffs the opportunity to seek further monetary relief in the event that a deficiency is identified in said report; and (c) an Order awarding the Plaintiffs attorneys' fees in the amount of $2,500.00, along with costs in the amount of $5 17.00, together with such other and further relief as this Court may deem just, proper and equitable. IT IS FURTHER ORDERED that Opposition Papers be served upon Plaintiffs and filed with the Court by August 18, 2021 and that Plaintiffs' reply, if any, be served upon Defendant and filed with the Court by August 25, 2021. IT IS FURTHER ORDERED that service of a copy of this Order via express mail delivery, a long with Plaintiffs' Application for a Default Judgment and of the papers upon which the same is granted, on Defendant MASTERCRAFT MASONRY I, INC. at 65 South Broadway, Tarrytown, New York 10591 on or before July 30, 2021 shall be sufficient service of this Order. Plaintiffs shall file proof of service within five (5) days thereafter. Show Cause Hearing set for 9/1/2021 at 12:30 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 8/18/2021. (Signed by Judge Cathy Seibel on 7/22/2021) (mml)
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| Filing 15 MEMORANDUM OF LAW in Support re: #10 Proposed Order to Show Cause Without Emergency Relief, . Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 14 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 13 STATEMENT OF DAMAGES. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 12 AFFIDAVIT of Marlene Monterroso in Support re: #10 Proposed Order to Show Cause Without Emergency Relief,. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 11 AFFIDAVIT of James M. Steinberg, Esq. in Support re: #10 Proposed Order to Show Cause Without Emergency Relief,. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Clerk's Certificate of Default).(Steinberg, James) |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #14 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. #10 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to MASTERCRAFT MASONRY I, INC.(km) |
| Filing 8 DECLARATION of James M. Steinberg, Esq. in Support re: #7 Proposed Clerk's Certificate of Default,. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/21/2021 (km). |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Mastercraft Masonry I, Inc. served on 6/22/2021, answer due 7/13/2021. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State of the State of New York. Document filed by The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO; International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Mastercraft Masonry I, Inc...(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 Andrew E. Krause 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 Mastercraft Masonry I, Inc., re: #1 Complaint,. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Union of Operating Engineers Local 14-14B, AFL-CIO, The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
| Filing 2 CIVIL COVER SHEET filed..(Steinberg, James) |
| Filing 1 COMPLAINT against Mastercraft Masonry I, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24650552)Document filed by The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO, International Union of Operating Engineers Local 14-14B, AFL-CIO..(Steinberg, James) |
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| Plaintiff: The Annuity, Pension, Welfare, Training and Labor Management Cooperation Trust Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: International Union of Operating Engineers Local 14-14B, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Defendant: Mastercraft Masonry I, Inc. | |
| Represented By: | Amanda Elizabeth Maguire |
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