International Union of Painters & Allied Trades, District Council No. 4 et al v. JP Race Painting, Inc. et al
| International Union of Painters & Allied Trades, District Council No. 4, Michael Hogan, Daniel LaFrance, Brian Lipczynski, Dominic Zirilli, David Chaffee, John Lignos, Allen Richards, Jim Stathopoulous, Tom Marchiole, Joseph Comfort, Christine Inluxay, Earl Hall, Daniel Jackson, Leonitas Bahas, Tom Marchoile, Dingane Doucet, Scott Verrall, John Cook, James Williams, Gregg Smith, Dan Williams, Mike Gutierrez, Ron Kniess, Paul Canning, Ryan Anderson, Charlie Meadows, Jerome Haber, Keith Costanzo, Brad Pinchot, Penny McDonald, Paul Morales, Joe Clabbers and Tom Carney |
| JP Race Painting, Inc., Nicole Race and Jason Race |
| 1:2023cv01282 |
| December 11, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
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| Filing 9 TEXT ORDER re: #8 MOTION for default judgment filed by the plaintiffs. Response due by 2/26/2024. Reply due by 3/11/2024. If necessary, the Court will schedule oral argument at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/5/2024. (DJ)This was mailed to: the defendants. |
| Filing 8 MOTION for Default Judgment as to All Defendants by Dan Williams, Gregg Smith, Earl Hall(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), John Cook, Dominic Zirilli(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Michael Hogan(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), International Union of Painters & Allied Trades, District Council No. 4, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Joe Clabbers, Scott Verrall, Michael Hogan(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Brian Lipczynski(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Keith Costanzo, Daniel Jackson, Michael Hogan(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dingane Doucet, Tom Marchiole, James Williams, Ron Kniess, Joseph Comfort(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Penny McDonald, Leonitas Bahas, Tom Marchoile, Earl Hall(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Earl Hall(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jerome Haber, Paul Canning, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jim Stathopoulous, Brad Pinchot, Christine Inluxay, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Allen Richards, Charlie Meadows, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Mike Gutierrez, Ryan Anderson, Tom Carney, Paul Morales, Joseph Comfort(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dominic Zirilli(as Trustee of the Painters District Council No. 4 Health & Welfare Fund). (Attachments: #1 Affidavit of Candace L. Morrison, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Affidavit of Susan Bernat, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Affidavit of Michael O'Malley, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Proposed Order, #15 Certificate of Service)(Morrison, Candace) |
| Filing 7 Clerk's ENTRY OF DEFAULT as to JP Race Painting, Inc., Jason Race, Nicole Race This was mailed to: Defendants. (SG) |
| Filing 6 REQUEST for Clerk's Entry of Default by Dan Williams, Gregg Smith, Earl Hall(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), John Cook, Dominic Zirilli(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Michael Hogan(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), International Union of Painters & Allied Trades, District Council No. 4, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Joe Clabbers, Scott Verrall, Michael Hogan(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Brian Lipczynski(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Keith Costanzo, Daniel Jackson, Michael Hogan(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dingane Doucet, Tom Marchiole, James Williams, Ron Kniess, Joseph Comfort(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Penny McDonald, Leonitas Bahas, Tom Marchoile, Earl Hall(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Earl Hall(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jerome Haber, Paul Canning, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jim Stathopoulous, Brad Pinchot, Christine Inluxay, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Allen Richards, Charlie Meadows, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Mike Gutierrez, Ryan Anderson, Tom Carney, Paul Morales, Joseph Comfort(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dominic Zirilli(as Trustee of the Painters District Council No. 4 Health & Welfare Fund) against All Defendants. (Attachments: #1 Declaration of Candace L. Morrison, #2 Proposed Entry of Default, #3 Certificate of Service)(Morrison, Candace) |
| Filing 5 SUMMONS Returned Executed by Dan Williams, Gregg Smith, Earl Hall(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), John Cook, Dominic Zirilli(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Michael Hogan(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), International Union of Painters & Allied Trades, District Council No. 4, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Joe Clabbers, Scott Verrall, Michael Hogan(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Brian Lipczynski(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Keith Costanzo, Daniel Jackson, Michael Hogan(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dingane Doucet, Tom Marchiole, James Williams, Ron Kniess, Joseph Comfort(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Penny McDonald, Leonitas Bahas, Tom Marchoile, Earl Hall(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Earl Hall(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jerome Haber, Paul Canning, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jim Stathopoulous, Brad Pinchot, Christine Inluxay, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Allen Richards, Charlie Meadows, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Mike Gutierrez, Ryan Anderson, Tom Carney, Paul Morales, Joseph Comfort(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dominic Zirilli(as Trustee of the Painters District Council No. 4 Health & Welfare Fund). Nicole Race served on 12/14/2023, answer due 1/4/2024. (Morrison, Candace) |
| Filing 4 SUMMONS Returned Executed by Dan Williams, Gregg Smith, Earl Hall(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), John Cook, Dominic Zirilli(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Michael Hogan(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), International Union of Painters & Allied Trades, District Council No. 4, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Joe Clabbers, Scott Verrall, Michael Hogan(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Brian Lipczynski(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Keith Costanzo, Daniel Jackson, Michael Hogan(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dingane Doucet, Tom Marchiole, James Williams, Ron Kniess, Joseph Comfort(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Penny McDonald, Leonitas Bahas, Tom Marchoile, Earl Hall(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Earl Hall(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jerome Haber, Paul Canning, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jim Stathopoulous, Brad Pinchot, Christine Inluxay, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Allen Richards, Charlie Meadows, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Mike Gutierrez, Ryan Anderson, Tom Carney, Paul Morales, Joseph Comfort(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dominic Zirilli(as Trustee of the Painters District Council No. 4 Health & Welfare Fund). Jason Race served on 12/14/2023, answer due 1/4/2024. (Morrison, Candace) |
| Filing 3 SUMMONS Returned Executed by Dan Williams, Gregg Smith, Earl Hall(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), John Cook, Dominic Zirilli(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Michael Hogan(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), International Union of Painters & Allied Trades, District Council No. 4, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Joe Clabbers, Scott Verrall, Michael Hogan(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Brian Lipczynski(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Keith Costanzo, Daniel Jackson, Michael Hogan(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dingane Doucet, Tom Marchiole, James Williams, Ron Kniess, Joseph Comfort(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Penny McDonald, Leonitas Bahas, Tom Marchoile, Earl Hall(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Earl Hall(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jerome Haber, Paul Canning, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jim Stathopoulous, Brad Pinchot, Christine Inluxay, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Allen Richards, Charlie Meadows, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Mike Gutierrez, Ryan Anderson, Tom Carney, Paul Morales, Joseph Comfort(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dominic Zirilli(as Trustee of the Painters District Council No. 4 Health & Welfare Fund). JP Race Painting, Inc. served on 12/13/2023, answer due 1/3/2024. (Morrison, Candace) |
| Filing 2 Summons Issued as to JP Race Painting, Inc., Jason Race, and Nicole Race. (TMK) |
| Filing 1 COMPLAINT against All Defendants $ 405 receipt number ANYWDC-5052848, filed by Dan Williams, Gregg Smith, Earl Hall(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), John Cook, Dominic Zirilli(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Michael Hogan(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), International Union of Painters & Allied Trades, District Council No. 4, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), John Lignos(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Joe Clabbers, Scott Verrall, Michael Hogan(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Brian Lipczynski(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), Keith Costanzo, Daniel Jackson, Michael Hogan(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dingane Doucet, Tom Marchiole, James Williams, Ron Kniess, Joseph Comfort(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Penny McDonald, Leonitas Bahas, Tom Marchoile, Earl Hall(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Earl Hall(as Trustee of the Painters District Council No. 4 Labor Management Cooperative Initiative Trust Fund), David Chaffee(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jerome Haber, Paul Canning, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Jim Stathopoulous, Brad Pinchot, Christine Inluxay, Daniel LaFrance(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Allen Richards, Charlie Meadows, Brian Lipczynski(as Trustee of the Painters District Council No. 4 Health & Welfare Fund), Mike Gutierrez, Ryan Anderson, Tom Carney, Paul Morales, Joseph Comfort(as Trustee of the Painters District Council No. 4 Finishing Trades Institute of Western and Central New York), Dominic Zirilli(as Trustee of the Painters District Council No. 4 Health & Welfare Fund). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Summons - JP Race, #12 Summons - Nicole Race, #13 Summons - Jason Race, #14 Civil Cover Sheet)(Morrison, Candace) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
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