Trustees of the District Council No. 9 Painting Industry Insurance Fund et al v. Precision Builders Group Ltd.
| Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the International Union of Painters and Allied Trades National Pension Fund and The District Council No. 9 International Union of Painters and Allied Trades, |
| Precision Builders Group Ltd. |
| 7:2023cv05185 |
| June 20, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 185 Labor: Suits by and against Labor Organizations |
| None |
Docket Report
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| Document Text |
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| Filing 16 CERTIFICATE OF SERVICE of Order to Show Cause served on Precision Builders Group Ltd. on 8/11/2023. Service was made by MAIL. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
Filing 15
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT Upon the annexed supporting Affirmation of Dana L. Henke and upon consideration of Plaintiffs' request for Entry of Final Judgment by Default and the exhibits annexed thereto, it is hereby ORDERED, that the Defendant show cause on September 7, 2023 before the Honorable Philip M. Halpern on submission only why a Judgment by Default should not be entered in favor of Plaintiffs for the relief requested in the Complaint, and it is further ORDERED, that objections to the relief requested herein or answering papers, if any, shall be served upon Barnes, Iaccarino & Shepherd LLP, Attn: Dana L. Henke, 258 Saw Mill River Road, Elmsford, NY 10523 and filed via ECF by September 7, 2023; and it is further ORDERED, that service of a copy of this Order and supporting papers be made upon Defendant Precision Builders Group Ltd, by Certified Mail Return Receipt Requested and by serving copies upon Defendant by way of the Office of the New York Secretary of State, on or before August 24, 2023. Proof of service shall be filed to the docket via ECF. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/10/2023) (jca)
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| Filing 14 STATEMENT OF DAMAGES. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 13 AFFIDAVIT of Rica Ciocoi in Support re: #11 Declaration in Support,, #12 Proposed Default Judgment,, #10 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 12 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 11 DECLARATION of Dana Henke in Support re: #10 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund. (Attachments: #1 Exhibit A- Trade Agreement, #2 Exhibit B-Summon, Complaint, Proof of Service, #3 Exhibit C-Request for Audit).(Henke, Dana) |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #12 Proposed Default Judgment, was reviewed and approved as to form. (tp) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Precision Builders Group Ltd..(nd) |
| Filing 8 AFFIRMATION of Dana Henke in Support re: #7 Proposed Clerk's Certificate of Default,,. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/28/2023 (nd). |
| Filing 6 AFFIDAVIT OF SERVICE of Complaint and Summons served on Precision Builders Group Ltd. on 6/22/2023. Service was accepted by Nancy Dougherty. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Precision Builders Group Ltd. (vf) |
| 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..(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 4 CIVIL COVER SHEET filed..(Henke, Dana) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Precision Builders Group Ltd., re: #1 Complaint,,. Document filed by The District Council No. 9 International Union of Painters and Allied Trades,, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the International Union of Painters and Allied Trades National Pension Fund..(Henke, Dana) |
| Filing 1 COMPLAINT against Precision Builders Group Ltd.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27891992)Document filed by Trustees of the International Union of Painters and Allied Trades National Pension Fund, Trustees of the District Council No. 9 Painting Industry Insurance Fund, Trustees of the District Council No. 9 Finishing Trades Institute, Trustees of the District Council No. 9 Painting Industry Annuity Fund, The District Council No. 9 International Union of Painters and Allied Trades,..(Henke, Dana) |
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| Plaintiff: Trustees of the District Council No. 9 Painting Industry Insurance Fund | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: Trustees of the District Council No. 9 Painting Industry Annuity Fund | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: Trustees of the District Council No. 9 Finishing Trades Institute | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: Trustees of the International Union of Painters and Allied Trades National Pension Fund | |
| Represented By: | Dana Lynne Henke |
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| Plaintiff: The District Council No. 9 International Union of Painters and Allied Trades, | |
| Represented By: | Dana Lynne Henke |
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| Defendant: Precision Builders Group Ltd. | |
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