Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds v. Turner Construction Company et al
| Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds |
| W.W. Patenaude Sons, Inc., Turner Construction Company, United States of America (Department of Treasury, Internal Revenue Service), New York State Department of Labor (Unemployment Insurance Division) and W W Patenaude Sons Inc. |
| 7:2022cv00978 |
| February 3, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| None |
Docket Report
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Filing 22
STIPULATION & ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time in which the Defendant, Turner Construction Company, may answer, move, or otherwise respond with respect to the complaint of Plaintiff Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds is hereby extended to and including April 8, 2022. Execution of this Stipulation via facsimile or e-mail shall be valid and binding. So Ordered. Turner Construction Company answer due 4/8/2022. (Signed by Judge Vincent L. Briccetti on 3/9/2022) (vfr)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Turner Construction Company..(Volack, Richard) |
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter, filed by United States of America (Department of Treasury, Internal Revenue Service). ENDORSEMENT: APPLICATION GRANTED. The Clerk is directed to vacate the certificate of default as to United States of America, only. (Doc. #15). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/9/2022) (mml)
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| Transmission to Orders and Judgments Clerk. Transmitted re: #20 Memo Endorsement to the Orders and Judgments Clerk. (mml) |
| Filing 19 LETTER addressed to Judge Vincent L. Briccetti from Samuel Dolinger dated 3/8/2022 re: Request for vacatur of Clerk's certificate of default as to the United States. Document filed by United States of America (Department of Treasury, Internal Revenue Service)..(Dolinger, Samuel) |
| Filing 18 NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of United States of America (Department of Treasury, Internal Revenue Service)..(Dolinger, Samuel) |
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Filing 17
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL FROM COMPLAINT WITHOUT WITHOUT PREJUDICE AS TO THE NYS DEPARTMENT OF LABOR ONLY: AND NOW, this 3rd day of March, 2022, IT IS HEREBY STIPULATED AND AGREED, by and among the parties as represented below, that the above-captioned case that the Second Cause of Action set forth in paragraphs 34 through 40 of the Complaint is dismissed without prejudice only as to Defendant NEW YORK STATE DEPARTMENT OF LABOR (UNEMPLOYMENT INSURANCE DIVISON) ("DOL") as DOL has acknowledged, agreed and conceded any liens pending of any kind whatsoever against either Defendants TURNER CONSTRUCTION COMPANY or W.W. PATENAUDE SONS, INC. a/k/a WW PATENAUDE SONS INC are not superior to the claims by the Plaintiff BOARD OF TRUSTEES OF THE DISTRICT COUNCIL 9 PAINTING INDUSTRY INSURANCE AND ANNUITY FUNDS, or Defendants, TURNER CONSTRUCTION COMPANY and the UNITED STATES OF AMERICA (DEPARTMENT OF TREASURY AND INTERNAL REVENUE SERVICE), in the instant action, and will not be seeking any monies in connection with this Action. Execution of this Stipulation via facsimile or e-mail shall be valid and binding. The Clerk is directed to terminate defendant New York State Department of Labor from this action. SO ORDERED. New York State Department of Labor (Unemployment Insurance Division) terminated. (Signed by Judge Vincent L. Briccetti on 3/7/2022) (mml) Modified on 3/7/2022 (mml).
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Henke, Dana. RE-FILE Document No. #16 Stipulation of Voluntary Dismissal,,,. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink signature) by the party who have stipulated. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) New York State Department of Labor (Unemployment Insurance Division) pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Henke, Dana) Modified on 3/7/2022 (nd). |
| Filing 15 Vacated as to the United States of America, only, as per Judge's Order dated March 9, 2022, Doc. #20 CLERK'S CERTIFICATE OF DEFAULT as to United States of America (Department of Treasury, Internal Revenue Service) and W.W. Patenaude Sons, Inc. a/k/a WW Patenaude Sons Inc.(km) Modified on 3/9/2022 (km). |
| Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/4/2022 (km). |
| Filing 13 AFFIRMATION of Dana L. Henke in Support re: #12 Proposed Clerk's Certificate of Default,. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/4/2022 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Dana Henke. RE-FILE Document No. #12 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) of the party(ies) who was/were served. The information on your clerk's certificate of default does not match the proof of service for defendant United States of America. 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) |
| Filing 11 AFFIDAVIT OF SERVICE. United States of America (Department of Treasury, Internal Revenue Service) served on 2/9/2022, answer due 3/2/2022. Service was accepted by Faina Garcia, authorized to accept. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 10 AFFIDAVIT OF SERVICE. New York State Department of Labor (Unemployment Insurance Division) served on 2/9/2022, answer due 3/2/2022. Service was accepted by Steven Pepe, Senior Attorney. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 9 AFFIDAVIT OF SERVICE. W.W. Patenaude Sons, Inc. served on 2/9/2022, answer due 3/2/2022. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
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Filing 8
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time in which the Defendant, Turner Construction Company, may answer, move or otherwise respond with respect to the complaint of Plaintiff Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds is hereby extended to and including March 9, 2022. SO ORDERED. Turner Construction Company answer due 3/9/2022. (Signed by Judge Vincent L. Briccetti on 2/10/2022) (mml)
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 6 ACKNOWLEDGMENT OF SERVICE. Turner Construction Company served on 2/7/2022, answer due 2/28/2022. Service was accepted by Richard Volack, Attorney. Service was made by Mail and E-Mail. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 4 CIVIL COVER SHEET filed..(Henke, Dana) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to New York State Department of Labor (Unemployment Insurance Division), Turner Construction Company, United States of America (Department of Treasury, Internal Revenue Service), W.W. Patenaude Sons, Inc. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Dana Lynne Henke. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Turner Construction Company and United States of America (Department of Treasury, Internal Revenue Service), and New York State Department of Labor (Unemployment Insurance Division) and W.W. Patenaude Sons, Inc. a/k/a W W Patenaude Sons Inc., re: #1 Complaint,,. Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds..(Henke, Dana) |
| Filing 1 COMPLAINT against New York State Department of Labor (Unemployment Insurance Division), Turner Construction Company, United States of America (Department of Treasury, Internal Revenue Service), W.W. Patenaude Sons, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25681767)Document filed by Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds. (Attachments: #1 Exhibit Copy of Judgment, #2 Exhibit Copy of Judgment, #3 Exhibit Copies of Subpoenas with Restraining Notice, #4 Exhibit Copy of Turner's response to Subpoena, #5 Exhibit Copy of the 2015 and 2021 Executions, #6 Exhibit Copy of the Notice of Levy, #7 Exhibit Copy of the Demand).(Henke, Dana) |
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| Defendant: W.W. Patenaude Sons, Inc. | |
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| Defendant: United States of America (Department of Treasury, Internal Revenue Service) | |
| Represented By: | Samuel Hilliard Dolinger |
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| Plaintiff: Board of Trustees of the District Council 9 Painting Industry Insurance and Annuity Funds | |
| Represented By: | Dana Lynne Henke |
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