Sheet Metal Workers International Association Local No. 38 Vacation Fund et al v. Bell Heating & Air Conditioning, LLC et al
| Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committe And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund, Sheet Metal Contractors Industry Fund of SouthEastern New York and Sheet Metal Workers International Association Local No 38 Union |
| Bell Heating & Air Conditioning, LLC, Bell Mechanical, LLC and Keith Bell |
| 7:2023cv02275 |
| March 16, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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Filing 24
ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to jointly complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be filed on the docket by June 5, 2023. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a conference. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/12/2023) (mml)
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| Filing 23 ANSWER to #1 Complaint,,. Document filed by Keith Bell, Bell Heating & Air Conditioning, LLC..(Wexler, Jonathan) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bell Mechanical, Inc. for Bell Heating & Air Conditioning, LLC. Document filed by Keith Bell, Bell Heating & Air Conditioning, LLC..(Wexler, Jonathan) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Stanley Ruth Co., Inc., Corporate Parent Stanley Ruth Co., Inc. for Bell Mechanical, LLC. Document filed by Bell Mechanical, LLC..(Friedman, Paul) |
| Filing 20 NOTICE OF APPEARANCE by Jill Chow on behalf of Bell Mechanical, LLC..(Chow, Jill) |
| Filing 19 ANSWER to #1 Complaint,,. Document filed by Bell Mechanical, LLC..(Friedman, Paul) |
| Filing 18 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bell Mechanical, LLC..(Friedman, Paul) Modified on 5/11/2023 (lb). |
| Filing 17 NOTICE OF APPEARANCE by Paul Alvin Friedman on behalf of Bell Mechanical, LLC..(Friedman, Paul) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Paul Alvin Friedman to RE-FILE Document No. #18 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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Filing 16
AMENDED STIPULATION: AMENDED STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendants that the date by which Defendants must answer, move, or otherwise respond to the Complaint is hereby extended to May 12, 2023. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/26/2023) (ate)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Bell Mechanical, LLC..(Friedman, Paul) |
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Filing 14
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendants, that the date by which Defendants must answer, move, or otherwise respond to the Complaint is hereby extended to May 12, 2023. SO ORDERED. (All Defendants.)( Motions due by 5/12/2023.) (Signed by Judge Nelson Stephen Roman on 4/11/23) (yv)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Keith Bell, Bell Heating & Air Conditioning, LLC, Bell Mechanical, LLC..(Friedman, Paul) |
| Filing 12 AFFIDAVIT OF SERVICE. Keith Bell served on 3/24/2023, answer due 4/14/2023. Service was accepted by Zach Cooper Vastola, Authorized Agent. Service was made by Mail. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers International Association Local No 38 Union; Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers International Association Local No. 38 Vacation Fund; Sheet Metal Workers Local 38 Labor Management Committe And Trust; Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
| Filing 11 AFFIDAVIT OF SERVICE. Bell Heating & Air Conditioning, LLC served on 3/24/2023, answer due 4/14/2023. Service was accepted by Zach Cooper Vastola, Authorized Agent. Service was made by Mail. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers International Association Local No 38 Union; Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers International Association Local No. 38 Vacation Fund; Sheet Metal Workers Local 38 Labor Management Committe And Trust; Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
| Filing 10 AFFIDAVIT OF SERVICE. Bell Mechanical, LLC served on 3/23/2023, answer due 4/13/2023. Service was accepted by Zach Coooper Vastola. Service was made by Mail. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers International Association Local No 38 Union; Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers International Association Local No. 38 Vacation Fund; Sheet Metal Workers Local 38 Labor Management Committe And Trust; Sheet Metal Workers Local Union 38 Craft Training Fund. (Attachments: #1 Supplement Affidavit of Service via Personal Service and Mail).(Henzi, Matthew) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Bell Mechanical, LLC. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Keith Bell. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Bell Heating & Air Conditioning, LLC. (vf) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York, Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No 38 Union, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers Local 38 Labor Management Committe And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew I Henzi. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to Putnam. (vf) |
| 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..(vf) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Bell Mechanical, LLC, re: #1 Complaint,,. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York, Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No 38 Union, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers Local 38 Labor Management Committe And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Keith Bell, re: #1 Complaint,,. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York, Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No 38 Union, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers Local 38 Labor Management Committe And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bell Heating & Air Conditioning, LLC, re: #1 Complaint,,. Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York, Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No 38 Union, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers Local 38 Labor Management Committe And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
| Filing 2 CIVIL COVER SHEET filed..(Henzi, Matthew) |
| Filing 1 COMPLAINT against Keith Bell, Bell Heating & Air Conditioning, LLC, Bell Mechanical, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27480607)Document filed by Sheet Metal Contractors Industry Fund of SouthEastern New York, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No 38 Union, Sheet Metal Workers International Assocation Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers Local 38 Labor Management Committe And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund..(Henzi, Matthew) |
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