Board of Trustees, Sheet Metal Worker's National Pension Fund et al v. National Energy Management Institute Commitee et al
| Board of Trustees Sheet Metal Workers' National Pension Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust and National Energy Management Institute Committee |
| Bell Heating & Air Conditioning, LLC and Bell Mechanical, LLC |
| 7:2023cv10262 |
| November 22, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A.: Delinquent Contributions |
| None |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 NOTICE OF APPEARANCE by Jonathan Alan Wexler on behalf of Bell Heating & Air Conditioning, LLC..(Wexler, Jonathan) |
| Filing 29 MOTION for Diana M. Bardes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Trustees Sheet Metal Workers' National Pension Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee. (Attachments: #1 Affidavit of Diana M. Bardes, #2 Exhibit Virginia Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Proposed Order Proposed Order).(Bardes, Diana) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Diana M. Bardes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| CASE ACCEPTED AS RELATED. Create association to 7:23-cv-02275-NSR-JCM. Notice of Assignment to follow. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (tro) |
| Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. 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. (tro) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Diana M. Bardes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28688700. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Trustees Sheet Metal Workers' National Pension Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee. (Attachments: #1 Affidavit of Diana M. Bardes, #2 Proposed Order to Appear Pro Hac Vice, #3 Exhibit VA Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing).(Bardes, Diana) Modified on 12/13/2023 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Diana M. Bardes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28688700. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia; Affidavit not notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju) |
| Filing 27 NOTICE OF APPEARANCE by David Scott Warner on behalf of Bell Mechanical, LLC..(Warner, David) |
| Filing 26 NOTICE OF APPEARANCE by Andrew Paul Marks on behalf of Bell Mechanical, LLC..(Marks, Andrew) |
| Filing 25 CASE TRANSFERRED IN from the United States District Court - District of Virginia Eastern; Case Number: 1:23-cv-01176. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| CASE REFERRED TO Judge Nelson Stephen Roman as possibly related to 7:23-cv-02275. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
Filing 24
ORDERED that the parties' joint motion to transfer #21 is GRANTED. It is further ORDERED that this action is hereby TRANSFERRED to the United States District Court for the Southern District of New York. Signed by District Judge T. S. Ellis, III on 11/13/2023. (tran) [Transferred from Virginia Eastern on 11/22/2023.]
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| Set Deadline as to #21 Joint MOTION to Transfer Case to the Southern District of New York. Motion Hearing set for 12/8/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, ) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 23 Notice of Hearing Date December 8, 2023 re #21 Joint MOTION to Transfer Case to the Southern District of New York (Ramana, Anand) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 22 Memorandum in Support re #21 Joint MOTION to Transfer Case to the Southern District of New York filed by Bell Heating & Air Conditioning, LLC, Bell Mechanical, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Ramana, Anand) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 21 Joint MOTION to Transfer Case to the Southern District of New York by Bell Heating & Air Conditioning, LLC, Bell Mechanical, LLC. (Attachments: #1 Proposed Order)(Ramana, Anand) [Transferred from Virginia Eastern on 11/22/2023.] |
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Filing 20
ORDER granting #19 Motion for Pro hac vice Appointed David Pixley for Bell Mechanical, LLC. Signed by District Judge T. S. Ellis, III on 11/3/2023. (swil) [Transferred from Virginia Eastern on 11/22/2023.]
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| Filing 19 Motion to appear Pro Hac Vice by David Pixley and Certification of Local Counsel Nigel L. Wilkinson Filing fee $ 75, receipt number AVAEDC-9201700. by Bell Mechanical, LLC. (Wilkinson, Nigel) [Transferred from Virginia Eastern on 11/22/2023.] |
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Filing 18
SCHEDULING ORDER:Initial Pretrial Conference set for 11/22/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick.Discovery due by 2/16/2024.Final Pretrial Conference set for 3/14/2024 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do not file dispositive motions).Final Pretrial Conference set for 4/11/2024 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do file dispositive motions). Signed by District Judge T. S. Ellis, III on 11/2/2023. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(tran) [Transferred from Virginia Eastern on 11/22/2023.]
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Filing 17
ORDER granting #16 Motion for Pro hac vice Appointed Jill Chow for Bell Mechanical, LLC. Signed by District Judge T. S. Ellis, III on 11/2/2023. (swil) [Transferred from Virginia Eastern on 11/22/2023.]
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| Filing 16 Motion to appear Pro Hac Vice by Jill Chow and Certification of Local Counsel Nigel L. Wilkinson Filing fee $ 75, receipt number AVAEDC-9197926. by Bell Mechanical, LLC. (Wilkinson, Nigel) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 15 Corporate Disclosure Statement by Bell Mechanical, LLC. (Wilkinson, Nigel) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 14 ANSWER to Complaint (Amended Complaint) by Bell Mechanical, LLC.(Wilkinson, Nigel) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 13 Corporate Disclosure Statement by Bell Heating & Air Conditioning, LLC. (Ramana, Anand) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 12 ANSWER to Complaint by Bell Heating & Air Conditioning, LLC.(Ramana, Anand) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 11 SUMMONS Returned Executed by National Energy Management Institute Committee, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust Bell Heating & Air Conditioning, LLC served on 10/10/2023, answer due 10/31/2023; Bell Mechanical, LLC served on 10/10/2023, answer due 10/31/2023 (Bardes, Diana) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 10 AMENDED COMPLAINT against Bell Heating & Air Conditioning, LLC, Bell Mechanical, LLC, filed by National Energy Management Institute Committee, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust.(Bardes, Diana) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 9 Summons Issued as to Bell Mechanical, LLC, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 8 Proposed Summons by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee. (Bardes, Diana) [Transferred from Virginia Eastern on 11/22/2023.] |
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Filing 7
ORDER granting #5 MOTION to Amend/Correct Defendant's Name on Docket from Bell Mechanical, Inc. to Bell Mechanical, LLC. Signed by Magistrate Judge William E. Fitzpatrick on 9/27/2023. (swil) [Transferred from Virginia Eastern on 11/22/2023.]
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| Filing 6 Waiver of re #5 MOTION to Amend/Correct Defendant's Name on Docket from Bell Mechanical, Inc. to Bell Mechanical, LLC Oral Argument by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee (Bardes, Diana) [Transferred from Virginia Eastern on 11/22/2023.] |
| Notice of Correction re #5 MOTION to Amend/Correct Defendant's Name on Docket from Bell Mechanical, Inc. to Bell Mechanical, LLC. Unfortunately the motion was filed without a Notice of Heating Date. The filing user has been notified to file a Notice of Heating Date, or a Notice of Waiver of Oral Argument. Dest) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 5 MOTION to Amend/Correct Defendant's Name on Docket from Bell Mechanical, Inc. to Bell Mechanical, LLC by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee. (Attachments: #1 Proposed Order)(Bardes, Diana) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 4 Summons Issued as to All Defendants, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(wgar, ) [Transferred from Virginia Eastern on 11/22/2023.] |
| Notice of Correction in re #2 Proposed Summons and #3 Proposed Summons. Unfortunately, document numbers #2 and #3 were an incorrectly saved PDF fillable form. Clerk has corrected the error and replaced the documents. No further action is needed at this time. (wgar, ) [Transferred from Virginia Eastern on 11/22/2023.] |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge William E. Fitzpatrick. (wgar, ) [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 3 Proposed Summons re #1 Complaint,, by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement for the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Worker's National Pension Fund, Board of Trustees, Sheet Metal Workers International Association Scholarship Fund, National Energy Management Institute Commitee. (Bardes, Diana) (Main Document 3 replaced on 9/7/2023) (wgar, ). [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 2 Proposed Summons re #1 Complaint,, by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement for the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Worker's National Pension Fund, Board of Trustees, Sheet Metal Workers International Association Scholarship Fund, National Energy Management Institute Commitee. (Bardes, Diana) (Main Document 2 replaced on 9/7/2023) (wgar, ). [Transferred from Virginia Eastern on 11/22/2023.] |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-9106384.), filed by National Energy Management Institute Commitee, Board of Trustees, Sheet Metal Workers International Association Scholarship Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Stabilization Agreement for the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Worker's National Pension Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust. (Attachments: #1 Civil Cover Sheet)(Bardes, Diana) [Transferred from Virginia Eastern on 11/22/2023.] |
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| Search for this case: Board of Trustees, Sheet Metal Worker's National Pension Fund et al v. National Energy Management Institute Commitee et al | |
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| Plaintiff: Board of Trustees Sheet Metal Workers' National Pension Fund | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, Sheet Metal Occupational Health Institute Trust | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: National Energy Management Institute Committee | |
| Represented By: | Diana Migliaccio Bardes |
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| Defendant: Bell Heating & Air Conditioning, LLC | |
| Represented By: | Anand Vijay Ramana |
| Represented By: | Jonathan Alan Wexler |
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| Defendant: Bell Mechanical, LLC | |
| Represented By: | Nigel Lance Wilkinson |
| Represented By: | David Pixley |
| Represented By: | Jill Chow |
| Represented By: | Andrew Paul Marks |
| Represented By: | David Scott Warner |
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