Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers et al v. Casabella Contracting of NY, Inc. et al
| Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers and Westchester Putnam Counties Heavy and Highway Laborers Local No. 60 |
| Casabella Contracting of NY, Inc., Laura Marcela Pignataro, Frank Pignataro, Hudson Insurance Company a/k/a Hudson Insurance Group, Hudson Insurance Company and Hudson Insurance Group |
| 7:2021cv10189 |
| December 1, 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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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Answer: Hudson Insurance Company may have until 2/14/22 to respond to the Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 30 THIRD LETTER MOTION for Extension of Time to File Answer re: 19 Order on Motion for Extension of Time to Answer, 12 Order on Motion for Extension of Time to Answer, #1 Complaint,, addressed to Judge Cathy Seibel from Adam P. Friedman dated 1/28/2022. Document filed by Hudson Insurance Company..(Friedman, Adam) |
| Filing 29 CERTIFICATE OF SERVICE of Order to Show Cause for Default Judgment and supporting documents served on Laura Marcela Pignataro on 01/28/2022. Service was made by Mail. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
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Filing 28
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Defendant, Laura Marcela Pignataro, Individually shall show cause by telephone (1-877-336-1839 Code 1047966#) 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: Michele J. Harari, Esq., 258 Saw Mill River Road, Elmsford, NY 10523 and filed with the Court by 2/22/2022; and it is further ORDERED, that service of a copy of this Order and supporting papers be made upon Defendant, Laura Marcela Pignataro, Individually, 31 Hunt Avenue, Montrose, New York 10548, by Certified Mail, return receipt requested, and First Class Mail on or before 2/2/2022, and such service shall be deemed good and sufficient service. Proof of service shall be filed on ECF docket. SO ORDERED. (Show Cause Response due by 2/22/2022. Telephone Conference set for 2/28/2022 at 10:00 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 1/27/2022) (mml)
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| Filing 27 STATEMENT OF DAMAGES. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 26 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 25 DECLARATION of Michele J. Harari, Esq. in Support re: #24 Proposed Default Judgment,. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 24 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #26 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. #24 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 23 CLERK'S CERTIFICATE OF DEFAULT as to Laura Marcela Pignataro.(km) |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/25/2022 (km). |
| Filing 21 AFFIRMATION of Michele J. Harari, Esq. in Support re: #20 Proposed Clerk's Certificate of Default,. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/25/2022 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michele Harari. RE-FILE Document No. #20 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The information on your clerk's certificate does not match the information on your proof of service. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer: Hudson Insurance Company may have until 1/31/22 to respond to the Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 18 SECOND LETTER MOTION for Extension of Time to File Answer re: 12 Order on Motion for Extension of Time to Answer, #1 Complaint,, addressed to Judge Cathy Seibel from Adam P. Friedman dated 1/14/2022. Document filed by Hudson Insurance Company..(Friedman, Adam) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Frank Pignataro served on 12/15/2021, answer due 1/31/2022. Service was made by Mail. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers; Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Laura Marcela Pignataro served on 12/15/2021, answer due 1/5/2022. Service was made by Mail. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers; Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
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Filing 15
STIPULATION AND ORDER: STIPULATED by and between the undersigned that the time for Defendant CASABELLA CONTRACTING OF NEW YORK, INC., and FRANK. PIGNATARO, Individually, represented by counsel as set forth below to answer with respect to the complaint is extended from Friday, December 31, 2021, to Monday, January 31, 2022. Defendants waive the affirmative defense of a lack of personal jurisdiction. Dated: Poughkeepsie, New York. SO ORDERED. Casabella Contracting of NY, Inc. answer due 1/31/2022; Frank Pignataro answer due 1/31/2022. (Signed by Judge Cathy Seibel on 1/3/2022) (rro)
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| Filing 14 FIRST LETTER addressed to Judge Cathy Seibel from Pedro Medina, Jr. dated January 3, 2022 re: Extension of Time to Answer Complaint. Document filed by Casabella Contracting of NY, Inc., Frank Pignataro..(Medina, Pedro) |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Casabella Contracting of NY, Inc., Frank Pignataro..(Medina, Pedro) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer: Hudson Insurance Company may have until 1/18/22 to respond to the Complaint. (1/17/22 is a national holiday.) (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Cathy Seibel from Adam P. Friedman dated December 21, 2021. Document filed by Hudson Insurance Company..(Friedman, Adam) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Hudson Insurance Company served on 12/10/2021, answer due 1/3/2022. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers; Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 9 NOTICE OF APPEARANCE by Joshua E. MacKey on behalf of Casabella Contracting of NY, Inc., Frank Pignataro..(MacKey, Joshua) |
| Filing 8 NOTICE OF APPEARANCE by Brooke Dana Youngwirth on behalf of Casabella Contracting of NY, Inc., Frank Pignataro..(Youngwirth, Brooke) |
| Filing 7 NOTICE OF APPEARANCE by Pedro Medina, Jr on behalf of Casabella Contracting of NY, Inc., Frank Pignataro..(Medina, Pedro) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Casabella Contracting of NY, Inc. served on 12/3/2021, answer due 12/27/2021. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers; Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Casabella Contracting of NY, Inc., Hudson Insurance Company, Frank Pignataro, Laura Marcela Pignataro..(pc) |
| 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michele Joy Harari. The party information for the following party/parties has been modified: Hudson Insurance Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Casabella Contracting of NY, Inc., Laura Marcela Pignataro, Individually, Frank Pignataro, Individually, and Hudson Insurance Company a/k/a Hudson Insurance Group, re: #1 Complaint,,. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 3 CIVIL COVER SHEET filed..(Harari, Michele) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
| Filing 1 COMPLAINT against Casabella Contracting of NY, Inc., Hudson Insurance Company a/k/a Hudson Insurance Group, Frank Pignataro, Laura Marcela Pignataro. (Filing Fee $ 402.00, Receipt Number ANYSDC-25404743)Document filed by Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers, Westchester Putnam Counties Heavy and Highway Laborers Local No. 60..(Harari, Michele) |
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| Search for this case: Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers et al v. Casabella Contracting of NY, Inc. et al | |
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| Plaintiff: Board of Trustees of the Westchester Putnam Counties Heavy & Highway Laborers Local No. 60 Pension Fund, Welfare Fund, Annuity Fund, Apprentice and Training Fund, the New York State Laborers Employers | |
| Represented By: | Michele Joy Harari |
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| Plaintiff: Westchester Putnam Counties Heavy and Highway Laborers Local No. 60 | |
| Represented By: | Michele Joy Harari |
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| Defendant: Casabella Contracting of NY, Inc. | |
| Represented By: | Brooke Dana Youngwirth |
| Represented By: | Joshua E. MacKey |
| Represented By: | Pedro Medina, Jr |
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| Defendant: Laura Marcela Pignataro | |
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| Defendant: Frank Pignataro | |
| Represented By: | Brooke Dana Youngwirth |
| Represented By: | Joshua E. MacKey |
| Represented By: | Pedro Medina, Jr |
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| Defendant: Hudson Insurance Company a/k/a Hudson Insurance Group | |
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| Defendant: Hudson Insurance Company | |
| Represented By: | Adam P Friedman |
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| Defendant: Hudson Insurance Group | |
| Represented By: | Adam P Friedman |
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