Trustees of the District Council No. 9 Painting Industry Insurance Fund et al v. Mike's Painting Services Inc.
| Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the International Union of Painters and Allied Trades National Pension Fund and District Council No. 9 International Union of Painters and Allied Trades |
| Mike's Painting Services Inc. |
| 7:2021cv10523 |
| December 9, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on March 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 CERTIFICATE OF SERVICE of Order to Show Cause for Default Judgment with supporting papers served on Mike's Painting Services Inc. on February 1, 2022. 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) |
Filing 15
ORDER TO SHOW CAUSE CAUSE FOR DEFAULT JUDGMENT: Upon the annexed supported Declaration of Dana L. Henke and upon consideration of Plaintiffs' Request for Entry of final Judgment by Default and the exhibits annexed thereto, it is hereby ORDERED, that the Defendant show cause at a conference to be held on the 3rd day of March, 2022 at 10:00 a.m. before the Honorable Nelson S. Roman via teleconference 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 served upon Barnes, Iaccarino & Shepherd LLP, Attn: Dana L. Henke, 258 Saw Mill River Road, Elmsford, NY 10523 by the 24th day of February, 2022; and it is further ORDERED, that service of a copy of this Order and supporting papers be made upon Defendant, Mike's Painting Services Inc., by Certified Mail, return receipt requested and First Class Mail on or before the 3rd day of February, 2022, and such service shall be deemed good and sufficient service. Proof of service shall be filed on the ECF docket. *=To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334#; (3)Press pound (#) to enter the teleconference as a guest. Show Cause Hearing set for 3/3/2022 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 1/31/2022) (ate)
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| Filing 14 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 13 DECLARATION of Dana L. Henke in Support re: #12 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 Copy of the pertinent parts of the Trade Agreement, #2 Exhibit Copy of the Summons, Complaint and Proof of Service, #3 Exhibit Copy of Remittance Reports and Audit Report, #4 Exhibit Copy of the interest spreadsheets).(Henke, Dana) |
| Filing 12 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 11 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..(Henke, Dana) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 10 CLERK'S CERTIFICATE OF DEFAULT as to MIKE'S PAINTING SERVICES INC.(km) |
| Filing 9 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 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT 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) Modified on 1/25/2022 (km). |
| 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). Modified on 1/25/2022 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Dana Henke to RE-FILE Document #8 Affidavit in Support. The document that was filed is not an affidavit. Use the event type other answers, affirmation in support of a non-motion. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #12 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. #11 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 6 AFFIDAVIT OF SERVICE. Mike's Painting Services Inc. served on 12/13/2021, answer due 1/3/2022. 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 Mike's Painting Services Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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) |
| Filing 4 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 3 CIVIL COVER SHEET filed..(Henke, Dana) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Mike's Painting Services Inc., 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 1 COMPLAINT against Mike's Painting Services Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25445869)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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| 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 Painting Industry Annuity Fund | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: Trustees of the District Council No. 9 Finishing Trades Institute | |
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| Plaintiff: Trustees of the International Union of Painters and Allied Trades National Pension Fund | |
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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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| Defendant: Mike's Painting Services Inc. | |
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