Kilkenny et al. v. PCI Industries Corp.
| James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund, Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, Charles Priolo as Trustees of the Construction Council Local 175 Training Fund and Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund |
| PCI Industries Corp. |
| 7:2022cv09998 |
| November 23, 2022 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| 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 |
|---|
| Filing 15 CLERK'S CERTIFICATE OF DEFAULT as to PCI Industries Corp.(km) |
| Filing 14 DECLARATION of Elise S. Feldman, Esq. in Support re: #13 Proposed Clerk's Certificate of Default,,,. Document filed by Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund..(Feldman, Elise) |
| Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund..(Feldman, Elise) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/11/2023 (km). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Elise S. Feldman, Esq. in Support re: #10 MOTION for Entry of Default as to PCI Industries Corporation Request for Clerk's Certification of Default by Defendant.. Document filed by Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund..(Feldman, Elise) Modified on 1/11/2023 (km). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund..(Feldman, Elise) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/11/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Elise Feldman. RE-FILE Document No. #11 Proposed Clerk's Certificate of Default #12 Declaration in Support of Motion. The filing is deficient for the following reason(s): The clerk's certificate is not as to form. Please refer to the sample clerk's certificate that is on our website. The proposed clerk's certificate of default does not list the name(s) of the defendant. The proposed clerk's certificate of default does not list the the name of the party who accepted 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. Refile the declaration separately under other answers, declaration in support of a non-motion. (km) |
| Filing 10 MOTION for Entry of Default as to PCI Industries Corporation Request for Clerk's Certification of Default by Defendant. Document filed by Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund. (Attachments: #1 Affidavit Declaration of Elise Feldman in Support of Certifying Default, #2 Text of Proposed Order Proposed Clerk's Certificate of Default).(Feldman, Elise) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. PCI Industries Corp. served on 12/13/2022, answer due 1/3/2023. Service was accepted by Salerno, Authorized Agent. Document filed by Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund; James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund ; Charles Priolo as Trustees of the Construction Council Local 175 Training Fund; James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund; Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund; James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund; James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund; Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund..(Feldman, Elise) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to PCI Industries Corp...(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elise Simon Feldman. The party information for the following party/parties has been modified: James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund added. Party added pursuant to #5 Complaint,.Document filed by James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund. Related document: #5 Complaint,..(Feldman, Elise) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Elise Simon Feldman re: Document No. #5 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elise Simon Feldman. The party information for the following party/parties has been modified: James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Case Designated ECF. (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 Paul E. Davison 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) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to PCI Industries, Corp., re: #5 Complaint,. Document filed by James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund..(Feldman, Elise) |
| Filing 6 CIVIL COVER SHEET filed..(Feldman, Elise) |
| Filing 5 COMPLAINT against PCI Industries Corp.. Document filed by James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Elise Simon Feldman to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title cannot include et al. List each defendant involved in the case, do not use et al. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 12/5/2022. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Elise Simon Feldman. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Nassau;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Elise Simon Feldman to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund..(Feldman, Elise) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to PCI Industries, Corp., re: #1 Complaint,. Document filed by James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund, James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund..(Feldman, Elise) |
| Filing 2 CIVIL COVER SHEET filed..(Feldman, Elise) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against PCI Industries Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27001972)Document filed by James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund, James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund, James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) Modified on 11/28/2022 (pc). |
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| Plaintiff: James Kilkenny, et al. as Trustees of the Construction Council Local Union 175 Pension Fund | |
| Represented By: | Elise Simon Feldman |
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| Plaintiff: James Kilkenny, et al. as Trustees of the Construction Council Local 175 Welfare Fund | |
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| Plaintiff: James Kilkenny, et al. as Trustees of the Construction Council Local 175 Annuity Fund | |
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| Plaintiff: James Kilkenny, et al., as Trustees of the Construction Council Local 175 Training Fund | |
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| Plaintiff: James Kilkenny, as Trustees of the Construction Council Local Union 175 Pension Fund | |
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| Plaintiff: James Kilkenny, as Trustees of the Construction Council Local 175 Welfare Fund | |
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| Plaintiff: James Kilkenny, as Trustees of the Construction Council Local 175 Annuity Fund | |
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| Plaintiff: James Kilkenny, as Trustees of the Construction Council Local 175 Training Fund | |
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| Plaintiff: Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund | |
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| Plaintiff: Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund | |
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| Plaintiff: Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund | |
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| Defendant: PCI Industries Corp. | |
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