Fratto, III et al v HVS, LLC et al
| Samuel Fratto, III, James Johannemann, Frank Perugino, as President of IBEW Local 363 and Frank Perugino |
| HVS, LLC and James J. Mullen |
| 7:2023cv10278 |
| November 22, 2023 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| 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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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Samuel Fratto, III, James Johannemann, Frank Perugino..(Thayer, Gary) |
| Filing 14 ANSWER to #1 Complaint. Document filed by HVS, LLC, James J. Mullen..(Kurland, Adam) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HVS, LLC, James J. Mullen..(Kurland, Adam) |
Filing 15
STIPULATION EXTENDING TIME TO ANSWER, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for plaintiffs, SAMUEL FRA ITO ill and JAMES JOHANNEMANN, as Trustees of I.B.E.W. LOCAL 363 PENSION FUND, WELFARE FUND, MONEY PURCHASE PENSION FUND, VACATION AND PAID HOLIDAY FUND, SUPPLEMENTAL UNEMPLOYMENT BENEFIT FUND, LABOR MANAGEMENT COOPERATIVE FUND, and JOINT APPRENTICE TRAINING FUND, and FRANK PERUGJNO, as President of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 363 ("Plaintiffs"), and defendants HVS, LLC and JAMES J. MULLEN ("Defendants"), that Defendants hereby admit service of the Summons and Complaint in the above- captioned action and waive defenses with respect to personal jurisdiction or improper service of process, and that such Defendant's time to answer or otherwise move with respect to the Complaint herein is extended to and including January 12, 2024. Granted. So Ordered. (HVS, LLC answer due 1/12/2024; James J. Mullen answer due 1/12/2024.) (Signed by Judge Kenneth M. Karas on 1/5/24) (yv)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Samuel Fratto, III, James Johannemann, Frank Perugino..(Thayer, Gary) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. James J. Mullen served on 12/19/2023, answer due 1/9/2024. Service was accepted by Nancy Mullen, Spouse. Document filed by Samuel Fratto, III; Frank Perugino; James Johannemann..(Thayer, Gary) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. HVS, LLC served on 12/15/2023, answer due 1/5/2024. Service was accepted by Adam K. Kurland, Attorney. Document filed by Samuel Fratto, III; Frank Perugino; James Johannemann..(Thayer, Gary) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to James J. Mullen..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to HVS, LLC..(pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to James J. Mullen, re: #1 Complaint. Document filed by Samuel Fratto, III, James Johannemann, Frank Perugino..(Thayer, Gary) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to HVS, LLC., re: #1 Complaint. Document filed by Samuel Fratto, III, James Johannemann, Frank Perugino..(Thayer, Gary) |
| Filing 5 CIVIL COVER SHEET filed..(Thayer, Gary) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gary Albert Thayer to RE-FILE Document No. #3 Request for Issuance of Summons, #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the PDF case caption must include 'et al' or 'see attached';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Andrew E. Krause 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. (jgo) |
| 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gary Albert Thayer. The party information for the following party/parties has been modified: Samuel Fratto, III; James Johannemann; Frank Perugino, as President of IBEW Local 363. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gary Albert Thayer to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; all of the party names must be listed on the PDF case caption. If all of the party names do not fit, include 'et al'; multiple Nature of Suit codes was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to James J. Mullen, re: #1 Complaint. Document filed by Samuel Fratto, III, James Johannemann, Frank Perugino, as President of IBEW Local 363..(Thayer, Gary) Modified on 11/27/2023 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to HVS, LLC., re: #1 Complaint. Document filed by Samuel Fratto, III, James Johannemann, Frank Perugino, as President of IBEW Local 363..(Thayer, Gary) Modified on 11/27/2023 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Thayer, Gary) Modified on 11/27/2023 (jgo). |
| Filing 1 COMPLAINT against HVS, LLC, James J. Mullen. (Filing Fee $ 402.00, Receipt Number ANYSDC-28606799)Document filed by Samuel Fratto, III, Frank Perugino, as President of IBEW Local 363, James Johannemann..(Thayer, Gary) |
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