Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds et al v. 50/50 Trucking, Inc. et al
| Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456 and Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds |
| 50/50 Trucking, Inc. and Justin Divitto |
| 7:2021cv07312 |
| August 31, 2021 |
| 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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| Document Text |
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| Filing 24 CERTIFICATE OF SERVICE of Order to Show Cause Documents [Docket Nos. 14-21 and 23] served on 50/50 Trucking Inc. and Justin Divitto on 10-28-2021. Service was made by MAIL. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
Filing 23
ORDER TO SHOW CAUSE: Defendants 50/50 Trucking, Inc. and Justin Divitto, Individually shall show cause as to why an Order pursuant to Fed. R. Civ. P. 55(b)(2) should not be issued, compelling Defendants to submit to an audit by providing Plaintiffs with the books and records of the Company for all unaudited periods to date within thirty (30) days, finding Defendants liable for any delinquencies identified by the audit, together with the cost of the audit, interest, liquidated damages and any other costs incurred by Plaintiffs in obtaining payment of the delinquency, and further awarding Plaintiffs the following amounts, broken down as follows: 1. The Company owes Plaintiffs $338,771.22, broken down as follows: (a) $132,728.59 in fringe benefits; (b) $5,237.37 in dues deductions; (c) $3,522.98 in interest, plus $36.36 in per diem interest; and (d) $189,620.03 in liquidated damages; and (e) $7,662.25 in attorney's fees and costs. 2. The Individual owes $143,913.82, broken down as follows: (a) $132,728.59 in fringe benefits; (b) $3,573.53 in interest; plus $49.06 in per diem interest; and (c) $7,662.25 in attorney's fees and costs. IT TS FURTHER HEREBY ORDERED, that service of a copy of this Order to Show Cause and the papers upon which it is based, by U.S. first-class mail upon Defendants, on or before November 5, 2021, shall be deemed good and sufficient service herein. Defendants' opposition shall be filed no later than November 23, 2021 and served on the Plaintiffs by service on their counsel. (Show Cause Response due by 11/23/2021. Telephone Conference set for 11/30/2021 at 04:45 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 10/28/2021) (mml)
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| Filing 22 CERTIFICATE OF SERVICE of Order to Show Cause, Motion for Default Judgment and accompanying documents served on 50/50 Trucking, Inc. and Justin Divitto on October 28, 2021. Service was made by Mail. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 21 MEMORANDUM OF LAW in Support re: #15 MOTION for Default Judgment as to 50/50 Trucking, Inc. and Justin Divitto, Individually. . Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 20 DECLARATION of Michael S. Adler in Support re: #15 MOTION for Default Judgment as to 50/50 Trucking, Inc. and Justin Divitto, Individually.. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Affs. of Service), #3 Exhibit C (Clerk's Entry of Default), #4 Exhibit D (Bills), #5 Exhibit E (Costs)).(Adler, Michael) |
| Filing 19 DECLARATION of Andrew Mackle in Support re: #15 MOTION for Default Judgment as to 50/50 Trucking, Inc. and Justin Divitto, Individually.. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456. (Attachments: #1 Exhibit A (CBA), #2 Exhibit B (CBA Signature Page), #3 Exhibit C (Pension Fund Trust Agmt), #4 Exhibit D (H&W Fund Trust Agmt), #5 Exhibit E (Annuity Fund Trust Agmt), #6 Exhibit F (Edu. & Training Trust Agmt), #7 Exhibit G (Restated Agreement), #8 Exhibit H (Collections Policy), #9 Exhibit I (Shop Steward Report), #10 Exhibit J (Calculations)).(Adler, Michael) |
| Filing 18 STATEMENT OF DAMAGES. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 17 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 16 NOTICE of of Motion for Default Judgment re: #15 MOTION for Default Judgment as to 50/50 Trucking, Inc. and Justin Divitto, Individually.. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 15 MOTION for Default Judgment as to 50/50 Trucking, Inc. and Justin Divitto, Individually. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 14 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #17 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. #14 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 13 CLERK'S CERTIFICATE OF DEFAULT as to Defendants 50/50 Trucking, Inc. and Justin Divitto, Individually, issued October 4, 2021.(dt) |
| Filing 12 CERTIFICATE OF SERVICE of Proposed Clerk's Certificate of Default and Affidavit in Support served on 50/50 Trucking, Inc. and Justin Divitto on 10/4/2021. Service was made by Mail. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 11 AFFIDAVIT of Michael S. Adler in Support re: #10 Proposed Clerk's Certificate of Default,. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Justin Divitto served on 9/10/2021, answer due 10/1/2021. Service was accepted by Jasmine Divitto, wife. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds; Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. 50/50 Trucking, Inc. served on 9/10/2021, answer due 10/1/2021. Service was accepted by Jasmine Divitto, President. Document filed by Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds; Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 7 CIVIL COVER SHEET filed..(Adler, Michael) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Justin Divitto..(jgo) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to 50/50 Trucking, Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Seth Adler. The party information for the following party/parties has been modified: Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds. 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 CIVIL COVER SHEET. Notice to attorney Michael Seth Adler 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; Basis of Jurisdiction 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (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) |
| Case Designated ECF. (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) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Justin Divitto, re: #1 Complaint,. Document filed by Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 50/50 Trucking, Inc., re: #1 Complaint,. Document filed by Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Adler, Michael) Modified on 9/1/2021 (jgo). |
| Filing 1 COMPLAINT against 50/50 Trucking, Inc., Justin Divitto. (Filing Fee $ 402.00, Receipt Number ANYSDC-25004383)Document filed by Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds, Westchester Teamsters Local Union No. 456..(Adler, Michael) |
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| Plaintiff: Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds | |
| Represented By: | Michael Seth Adler |
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| Plaintiff: Westchester Teamsters Local Union No. 456 | |
| Represented By: | Michael Seth Adler |
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| Plaintiff: Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds | |
| Represented By: | Michael Seth Adler |
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| Defendant: 50/50 Trucking, Inc. | |
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| Defendant: Justin Divitto | |
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