Board of Trustees, Sheet Metal Workers' National Pension Fund et al v. New York Chutes, LLC
| 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 and Board of Trustees, National Energy Management Institute Committee |
| New York Chutes, LLC |
| 1:2022cv01294 |
| November 15, 2022 |
| US District Court for the Eastern District of Virginia |
| William E Fitzpatrick |
| Patricia Tolliver Giles |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Document Text |
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Filing 12
ORDERED that Plaintiffs' Motion to Strike (Dkt. 7) is GRANTED, and Defendant's Answer (Dkt. 5) is stricken from the record; it is further ORDERED that Defendant shall enter its appearance through licensed counsel and re-file a response to Plaintiff's complaint within 21 days of entry of this Order; it is further ORDERED that the initial pretrial conference, to be held before the undersigned, is continued to February 15, 2023, at 11:00 a.m. Signed by Magistrate Judge William E. Fitzpatrick on 01/13/2023. (jlan)
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| Reset Hearings: Initial Pretrial Conference set for 2/15/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (jlan) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, 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' National Pension Fund. (Bardes, Diana) |
| Filing 10 Notice of Substitution of Counsel of John R. Mooney by Diana Migliaccio Bardes on behalf of Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, 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' National Pension Fund (Bardes, Diana) |
| Filing 9 Waiver of re #7 MOTION to Strike #5 Answer to Complaint Oral Argument by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, 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' National Pension Fund (Mooney, John) |
| Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument in re #7 MOTION to Strike #5 Answer to Complaint. (jlan) |
| Filing 8 Memorandum in Support re #7 MOTION to Strike #5 Answer to Complaint filed by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, 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' National Pension Fund. (Attachments: #1 Exhibit 1)(Mooney, John) |
| Filing 7 MOTION to Strike #5 Answer to Complaint by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, 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' National Pension Fund. (Attachments: #1 Proposed Order)(Mooney, John) |
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Filing 6
SCHEDULING ORDER: Initial Pretrial Conference set for 1/18/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. Final Pretrial Conference set for 4/19/2023 at 10:00 AM in Alexandria Telephonically before District Judge Patricia Tolliver Giles. Discovery due by 4/14/2023. Signed by District Judge Patricia Tolliver Giles on 12/16/22. (Attachments: #1 Pretrial Notice, #2 Magistrate Judge Consent Form)(pmil, )
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| Filing 5 [STRIKEN PER ECF 12] The Defendant's ANSWER to Complaint filed by New York Chutes, LLC. (Attachments: #1 Envelope)(show) Modified text on 1/13/2023 (jlan) |
| Filing 4 SUMMONS Returned Executed by Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee New York Chutes, LLC served on 11/21/2022, answer due 12/12/2022 (Mooney, John) |
| Filing 3 Summons Issued as to New York Chutes, 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 Notice to Attorney)(show) |
| Filing 2 Proposed Summons by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, 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' National Pension Fund. (Mooney, John) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8660865.), filed by Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee. (Attachments: #1 Civil Cover Sheet)(Mooney, John) |
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| Plaintiff: Board of Trustees, Sheet Metal Workers' National Pension Fund | |
| Represented By: | John R. Mooney |
| 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: | John R. Mooney |
| 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: | John R. Mooney |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, Sheet Metal Occupational Health Institute Trust | |
| Represented By: | John R. Mooney |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, National Energy Management Institute Committee | |
| Represented By: | John R. Mooney |
| Represented By: | Diana Migliaccio Bardes |
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| Defendant: New York Chutes, LLC | |
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