Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds et al v. Chatbout Trucking L.L.C. et al
| Teamsters Local 456 Pension Fund, Health & Welfare, Annuity, Education & Training Industry Advancement, and Legal Services Funds and Westchester Teamsters Local Union No. 456 |
| Chatbout Trucking L.L.C., Chatbout Trucking LLC and Percival Luke, Jr. |
| 7:2022cv03702 |
| May 6, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| 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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| Document Text |
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| Filing 18 CLERK'S CERTIFICATE OF DEFAULT as to Luke Percival, Jr.(km) |
| Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to Chatbout Trucking, L.L.C.(km) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. 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..(Kornfeld, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/24/2022 (km). |
| Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. 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..(Kornfeld, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/24/2022 (km). |
| Filing 14 CERTIFICATE OF SERVICE of Request for Entry of Default, Affidavit in Support of Request for Entry of Default w/Exhibits served on Chatbout Trucking L.L.C. on 06/24/2022. Service was made by Mail. 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..(Kornfeld, Daniel) |
| Filing 13 AFFIDAVIT of Daniel Kornfeld in Support re: #12 Proposed Clerk's Certificate of Default,. 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. (Attachments: #1 Exhibit A to Kornfeld Affidavit, #2 Text of Proposed Order Request for Entry of Default).(Kornfeld, Daniel) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. 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..(Kornfeld, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/24/2022 (km). |
| Filing 11 NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 8/10/2022 at 10:30 AM before Judge Philip M. Halpern. (jca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Daniel Kornfeld. 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 lists the wrong name(s) for the party(ies) who was/were served. Document #7 lists a different name for the defendant. On the line with the proof of service (doc. #), remove #8, it does not pertain to the defendant you are looking for default against. 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 10
STIPULATION FOR SUBSTITUTION OF ATTORNEYS: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs in the above-entitled case together with Michael Adler, Esq. of Cohen Weiss and Simon LLP that Daniel Kornfeld, Esq. of Blitman & King LLP, shall be substituted as the attorneys of record for these Plaintiffs in the above-entitled civil action. SO ORDERED. Daniel Ernest Kornfeld for Westchester Teamsters Local Union No. 456 added. Attorney Michael Seth Adler terminated. (Signed by Judge Philip M. Halpern on 6/22/2022) (jca)
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| Filing 9 NOTICE of Substitution of Attorney. Old Attorney: Michael S. Adler, New Attorney: Daniel Kornfeld, Address: Blitman & King LLLP, 1441 Broadway, Suite 5062, New York, New York, United States 10118, 3154227111. 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..(Kornfeld, Daniel) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Percival Luke, Jr served on 5/31/2022, answer due 6/21/2022. Service was made by Mail. 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 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Chatbout Trucking L.L.C. served on 6/1/2022, answer due 6/22/2022. Service was accepted by Nancy Dougherty, New York Secretary of State. 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 6 ELECTRONIC SUMMONS ISSUED as to Chatbout Trucking L.L.C...(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Percival Luke, Jr..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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 REQUEST FOR ISSUANCE OF SUMMONS as to Percival Luke, Jr., 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 Chatbout Trucking L.L.C. a/k/a Chatbout Trucking LLC, 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 CIVIL COVER SHEET filed..(Adler, Michael) |
| Filing 1 COMPLAINT against Chatbout Trucking L.L.C., Percival Luke, Jr. (Filing Fee $ 402.00, Receipt Number ANYSDC-26112993)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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| Defendant: Chatbout Trucking L.L.C. | |
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| Defendant: Chatbout Trucking LLC | |
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| Defendant: Percival Luke, Jr. | |
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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 |
| Represented By: | Daniel Ernest Kornfeld |
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| Plaintiff: Westchester Teamsters Local Union No. 456 | |
| Represented By: | Michael Seth Adler |
| Represented By: | Daniel Ernest Kornfeld |
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