Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds, et al v. AWE Incorporated et al
| Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds, and Laborers International Union of North America Local 235 |
| AWE Incorporated, QBE Insurance Corporation and Kujtim Isufi |
| 7:2023cv02298 |
| March 17, 2023 |
| 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 21
ORDER: Accordingly, it is HEREBY ORDERED: 1. Provided that QBE remains in default, plaintiffs shall seek a certificate of default as to QBE by May 17, 2023. 2. By May 31, 2023, plaintiff shall move by order to show cause for a default judgment as to any defendants remaining in default. To be clear, plaintiffs shall move for a default judgment IN A SINGLE MOTION as to all defendants who remain in default by May 31, 2023. The Court will not entertain multiple motions for default judgment. 3. Plaintiffs' motion for default judgment as to AWE and Isufi (Docs. #17-20) is DENIED WITHOUT PREJUDICE to refiling in accordance with this Order and the Court's Individual Practices. SO ORDERED (Signed by Judge Vincent L. Briccetti on 5/3/2023) ( Motions due by 5/31/2023.) (ks)
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| Filing 20 STATEMENT OF DAMAGES. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) |
| Filing 19 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 18 DECLARATION of Michele J. Harari, Esq. in Support re: #17 Proposed Default Judgment,. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) |
| Filing 17 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #17 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #19 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to AWE Incorporated and Kujtim Isufi.(km) |
| Filing 15 DECLARATION of Michele J. Harari, Esq. in Support re: #14 Proposed Clerk's Certificate of Default,. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) |
| Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/20/2023 (km). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michele J. Harari, Esq. in Support re: #12 Proposed Clerk's Certificate of Default,. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Modified on 4/20/2023 (km). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/20/2023 (km). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michele J. Harari, Esq. in Support re: #10 Proposed Clerk's Certificate of Default,. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Modified on 4/20/2023 (km). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/20/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michele Harari. RE-FILE Document No. #13 Declaration in Support #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) for the party(ies) who accepted service of the summons and complaint; 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 in support under Other Answers, Declaration in support of a non-motion. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michele Harari. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default #11 Declaration in Support. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong filed date for the complaint; the proposed clerk's certificate of default does not list the wrong name(s) for the party(ies) 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 under Other Answers, Declaration in support of a non-motion. (km) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Kujtim Isufi served on 3/29/2023, answer due 4/19/2023. Document filed by Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,; Laborers International Union of North America Local 235..(Harari, Michele) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #9 Summons Returned Executed) - SUMMONS RETURNED EXECUTED Summons and Complaint, served. Kujtim Isufi served on 3/9/2023, answer due 3/30/2023. Document filed by Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,; Laborers International Union of North America Local 235. (Harari, Michele) Modified on 4/19/2023 (db). As per ECF-ERROR Email Correspondence received on 4/19/2023 @ 11:49am. |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. QBE Insurance Corporation served on 3/28/2023, answer due 4/18/2023. Document filed by Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,; Laborers International Union of North America Local 235..(Harari, Michele) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. AWE Incorporated served on 3/21/2023, answer due 4/11/2023. Document filed by Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,; Laborers International Union of North America Local 235..(Harari, Michele) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to AWE Incorporated, Kujtim Isufi, QBE Insurance Corporation. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michele Joy Harari. The party information for the following party/parties has been modified: Kujtim Isufi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| 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. (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) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) |
| Filing 3 CIVIL COVER SHEET filed..(Harari, Michele) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to AWE Incorporated, QBE Insurance Corporation, and Kujtim Isufi, re: #1 Complaint,. Document filed by Laborers International Union of North America Local 235, Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,..(Harari, Michele) |
| Filing 1 COMPLAINT against AWE Incorporated, Kujtim Isufi, QBE Insurance Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-27484672)Document filed by Trustees of The Laborers International Union of North America Local 235 Fringe Benefit Funds,, Laborers International Union of North America Local 235..(Harari, Michele) |
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