James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund et al v. Re-Earth of Stroudsburg, Inc.
| 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 Welfare Fund, 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 Training Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund and James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund |
| Re-Earth of Stroudsburg, Inc. |
| 7:2022cv10877 |
| December 26, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Andrew E Krause |
| 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 23
ORDER granting #22 Letter Motion to Adjourn Conference. The conference scheduled for June 29, 2023 at 2:30 p.m. is hereby RESCHEDULED to Thursday, July 13, 2023 at 11:00 a.m. Parties are to use the same dial-in information included in the scheduling order at ECF No. 20. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (kj)
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| Filing 22 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Andrew E. Krause from Elise S. Feldman dated June 5, 2023. Document filed by James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) |
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Filing 21
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/15/2023) (tg)
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Filing 20
SCHEDULING ORDER: This matter has been referred to Magistrate Judge Andrew E. Krause for general pretrial supervision. ECF No. 19. A telephonic status conference before Magistrate Judge Krause is hereby scheduled for Thursday, June 29, 2023, at 2:30 p.m. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. SO ORDERED. Telephone Conference set for 6/29/2023 at 02:30 PM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 5/15/2023) (tg)
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Filing 19
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/11/23) (yv)
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Filing 18
SCHEDULING ORDER: Motions due by 11/9/2023. Deposition due by 10/26/2023. Expert Discovery due by 11/10/2023. Discovery due by 11/10/2023. Case Management Conference set for 12/6/2023 at 11:00 AM before Judge Kenneth M. Karas. The Movant's pre-motion letter is due 11/23/23 and the Non-Movant's response is due 11/30/23. So Ordered. (Signed by Judge Kenneth M. Karas on 5/11/23) (yv) Modified on 5/26/2023 (yv).
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 5/11/2023. Elise Feldman appeared on behalf of Plaintiff. Richard Ziskin appeared on behalf of Defendant. No court reporter served. The Court adopted a case management order. See Order. The Parties are referred to the Magistrate Judge for further settlement discussions as well as all nondispositive motions. The moving party shall file any pre-motion letter by no later than November 23, 2023. The non-movant's response is due by no later than November 30, 2023. The Court shall hold a status conference on December 6, 2023 at 11:00am. (CAM) |
| Filing 17 PROPOSED SCHEDULING ORDER. Document filed by James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) |
| Filing 16 NOTICE OF TELECONFERENCE INFORMATION: For the week of May 8, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 5/5/2023) (rro) |
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Filing 15
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, May 11, 2023 at 12:00 p.m. Counsel shall submit a proposed case management and discovery schedule via ECF by 5:00 p.m. on the evening before the initial conference. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. (Initial Conference set for 5/11/2023 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 3/24/23) (yv)
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| Filing 14 ANSWER to #1 Complaint,,. Document filed by Re-Earth of Stroudsburg, Inc...(Ziskin, Richard) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Re-Earth of Stroudsburg, Inc...(Ziskin, Richard) |
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Filing 12
STIPULATION AND ORDER TO VACATE DEFAULT AND EXTENSION OF TIME TO ANSWER THE COMPLAINT, As the parties have so stipulated, The Clerk's Entry of Default against Defendant is hereby set aside. IT IS SO ORDERED. Motions terminated: #11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #9 Clerk's Certificate of Default addressed to Judge Kenneth M. Karas from Richard Ziskin dated February 23, 2023. filed by Re-Earth of Stroudsburg, Inc.. (Signed by Judge Kenneth M. Karas on 2/23/23) (yv)
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| Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #9 Clerk's Certificate of Default addressed to Judge Kenneth M. Karas from Richard Ziskin dated February 23, 2023. Document filed by Re-Earth of Stroudsburg, Inc.. (Attachments: #1 Exhibit Stipulation).(Ziskin, Richard) |
| Filing 10 NOTICE OF APPEARANCE by Richard Barry Ziskin on behalf of Re-Earth of Stroudsburg, Inc...(Ziskin, Richard) |
| Filing 9 Vacated as per Judges Order dated 02/23/2023, Doc. # 12 CLERK'S CERTIFICATE OF DEFAULT as to Re-Earth of Stroudsburg, Inc.(km) Modified on 2/23/2023 (yv). |
| Filing 8 DECLARATION of Elise S. Feldman, Esq. in Support re: #7 Proposed Clerk's Certificate of Default,,. Document filed by James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund, James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/30/2023 (km). |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Re-Earth of Stroudsburg, Inc. served on 1/5/2023, answer due 1/26/2023. Service was accepted by Dakeia Jared, Authorized Agent. Document filed by James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund; James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund; James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund; James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund..(Feldman, Elise) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Re-Earth of Stroudsburg, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Elise Simon Feldman re: Document No. #1 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... (vf) |
| ***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 Training 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 Annuity 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 entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. 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..(Feldman, Elise) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Re-Earth of Stroudsburg, Inc., re: #1 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..(Feldman, Elise) |
| Filing 2 CIVIL COVER SHEET filed..(Feldman, Elise) |
| Filing 1 COMPLAINT against Re-Earth of Stroudsburg, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27132970)Document filed by 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 Pension Fund, 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 Welfare Fund..(Feldman, Elise) |
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| Plaintiff: James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Pension Fund | |
| Represented By: | Elise Simon Feldman |
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| Plaintiff: James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Welfare Fund | |
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| Plaintiff: James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Annuity Fund | |
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| Plaintiff: James Kilkenny and Charles Priolo as Trustees of the Construction Council Local 175 Training Fund | |
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| Plaintiff: James Kilkenny, as Trustee of the Construction Council Local 175 Pension Fund | |
| Represented By: | Elise Simon Feldman |
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| Plaintiff: James Kilkenny, as Trustee of the Construction Council Local 175 Welfare Fund | |
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| Plaintiff: James Kilkenny, as Trustee of the Construction Council Local 175 Annuity Fund | |
| Represented By: | Elise Simon Feldman |
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| Plaintiff: James Kilkenny, as Trustee of the Construction Council Local 175 Training Fund | |
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| Defendant: Re-Earth of Stroudsburg, Inc. | |
| Represented By: | Richard Barry Ziskin |
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