The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO et al v. PCI Industries Corp.
| International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO and Central Pension Fund of the International Union of Operating Engineers |
| PCI Industries Corp. |
| 7:2024cv07943 |
| October 18, 2024 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| 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 December 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 FIRST LETTER MOTION for Extension of Time addressed to Judge Jessica G. L. Clarke from Clifford H. Greene, Esq. dated December 13, 2024. Document filed by PCI Industries Corp.. (Attachments: #1 Exhibit Affidavit of Service).(Green, Clifford) |
| Filing 23 CERTIFICATE OF SERVICE of Order to Show Cause Regarding Default Judgmetn so Ordered on December 3, 2024 (ECF No. 21) and a copy of Plaintiffs' motion for a default judgment with supporting papers served on PCI Industries Corp. on 12/04/2024. Service was made by Federal Express Overnight Mail. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 22 CERTIFICATE OF SERVICE served on PCI Industries Corp. on 12/5/2024. Service was made by Mail. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
ORDER with respect to ECF No. #21 . Order to Show Cause Regarding Default Judgment. Plaintiff was ordered to file proof of service of the Order by no later than December 5, 2024. The deadline has passed. Plaintiff is hereby ORDERED to file proof of service of the Court's Order by no later December 12, 2024. Failure to timely file proof of service may result in dismissal of this action for failure to prosecute. SO ORDERED. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica)
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Filing 21
ORDER TO SHOW CAUSE REGARDING DEFAULT JUDGMENT: It is hereby ORDERED that Defendant shall respond (to the Court) in writing to this Order to Show Cause no later than December 17, 2024 as to why an order should not be issued granting a default judgment against Defendant. If Defendant fails to respond by that date, judgment may be entered against it. It is further ORDERED that Plaintiffs serve Defendant via overnight courier with (1) a copy of the motion for default judgment and all supporting papers; and (2) a copy of this Order by December 4, 2024 and file proof of such service on the docket no later December 5, 2024. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/3/2024) (tg)
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| Filing 20 CERTIFICATE OF SERVICE of Motion served on PCI Industries Corp. on November 25, 2024. Service was made by Mail. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 19 MEMORANDUM OF LAW in Support re: #14 MOTION for Default Judgment as to Defendant PCI Industries. . Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 18 AFFIDAVIT of Lisa Madeiras in Support re: #14 MOTION for Default Judgment as to Defendant PCI Industries.. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit Exhibit A).(Steinberg, James) |
| Filing 17 AFFIDAVIT of Catherine Chase in Support re: #14 MOTION for Default Judgment as to Defendant PCI Industries.. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 16 AFFIDAVIT of Thomas A. Callahan in Support re: #14 MOTION for Default Judgment as to Defendant PCI Industries.. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 15 DECLARATION of James M. Steinberg in Support re: #14 MOTION for Default Judgment as to Defendant PCI Industries.. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D-1, #5 Exhibit Exhibit D-2, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L).(Steinberg, James) |
| Filing 14 MOTION for Default Judgment as to Defendant PCI Industries. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Affidavit Statement of Damages, #2 Proposed Order Proposed Default Judgement).(Steinberg, James) |
| Filing 13 CLERK'S CERTIFICATE OF DEFAULT as to defendant PCI Industries Corp. (tp) |
| Filing 12 DECLARATION of James M. Steinberg, Esq. in Support re: #11 Proposed Clerk's Certificate of Default,,. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney James Steinberg. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default,,. The filing is deficient for the following reason(s): Supporting attorney's declaration was not filed. 1. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. 2. Re-file Declaration in support (non-motion) found under Other Answers (nd) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/20/2024 (nd). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Affidavit Declaration in Support of Request for Certificate of Default, #2 Proposed Order Proposed Certificate of Default, #3 Affidavit Certificate of Service).(Steinberg, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/19/2024 (nd). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney James Steinberg. RE-FILE Document No. #9 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 filed date of the complaint; the proposed clerk's certificate of default does not list the date the party(ies) was/were served; the proposed clerk's certificate of default does not list the filed date of the proof of service; Supporting documents were not filed separately. 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. (nd) |
| Filing 8 SUMMONS RETURNED EXECUTED. PCI Industries Corp. served on 10/22/2024, answer due 11/12/2024. Document filed by International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO; Central Pension Fund of the International Union of Operating Engineers; The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on PCI Industries Corp. on 10/24/2024. Service was made by Mail. Document filed by The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by Microsoft Teams. Counsel will receive Microsoft Teams log-in credentials at the email addresses listed on the docket. The public listen-only line may be accessed by dialing: 646-453-4442 | Access Code: 83714960#. As further set forth by this Order. SO ORDERED. Initial Conference set for 1/21/2025 at 04:00 PM before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 10/22/2024) (tg)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to PCI Industries Corp...(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Michael Steinberg. The party information for the following party/parties has been modified: International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Michael Steinberg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1131; Dollar Demand $148,200,000; County code Westchester;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1132; the Dollar Demand has been modified to $148,000; the County code has been modified to XX Out of State;. (pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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..(pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 3 CIVIL COVER SHEET filed..(Steinberg, James) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to PCI Industries Corp., re: #1 Complaint,. Document filed by Central Pension Fund of the International Union of Operating Engineers, International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
| Filing 1 COMPLAINT against PCI Industries Corp.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30061919)Document filed by International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers, The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO..(Steinberg, James) |
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| Plaintiff: International Union Of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: The Annuity, Welfare and Apprenticeship Skill & Improvement & Safety Funds of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: Central Pension Fund of the International Union of Operating Engineers | |
| Represented By: | James Michael Steinberg |
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| Defendant: PCI Industries Corp. | |
| Represented By: | Clifford H. Green |
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