Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund v. Metro Demolition Contracting Corp.

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:10-cv-00195
District Judge Dora Lizette Irizarry, presiding
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District Judge Dora Lizette Irizarry
Last Updated January 14, 2019 at 1:19 PM EST (7.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund, Plaintiff

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sally L. Schneider +1 212 969 3000 +1 212 969 2900 sschneider@proskauer.com
v.
No Logo Metro Demolition Contracting Corp., Defendant
No Logo Metro Interior Demolition, Inc., Defendant
Attributes
Citation Section 29 U.S.C. § 1132
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (20) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 17 Filed: 1/21/2011, Entered: None Unknown Document Type
CERTIFICATE of Counsel re 15 Order Adopting Report and Recommendations,,,, and Electronic Order dated 1/20/11 served on Defendants on 1/21/11 by Sally L. Schneider on behalf of Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund (Schneider, Sally) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 1/20/2011, Entered: None Unknown Document TypeCourt Filing
CLERK'S JUDGMENT, in favor of Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund against Metro Demolition Contracting Corp., Metro Interior Demolition, Inc. ORDERED and ADJUDGED that the unopposed R&R of Mag. Judge Ramon E. Reyes, Jr., is adopted in its entirety; that plaintiffs motion for a dflt. judgment is granted; and that judgment is entered in favor of plaintiffs, and against defendants, awarding plaintiffs' the total amount of $363,579.27, comprised of: $289,114.00 in withdrawal liability; $16,212.47 in accrued interest; $57,822.80 in liquidated damages; and $430.00 in costs. So Ordered by Robert C. Heinemann, Clerk of Court on 1/20/2011. C-E/M. (Layne, Monique) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 1/20/2011, Entered: None Unknown Document TypeCourt Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS -- No objections have been filed to the Report and Recommendation issued on September 17, 2010, by the Hon. Ramon E. Reyes, Jr., U.S.M.J., and, upon due consideration, the Report and the Recommendations contained therein are hereby adopted in their entirety. Accordingly, it is hereby ORDERED that plaintiff's motion for default judgment is GRANTED, and the Clerk of the Court enter judgment for plaintiff in the total amount of $363,579.27, comprised of: (1) $289,114.00 in withdrawal liability; (2) $16,212.47 in accrued interest on the outstanding withdrawal liability; (3) $57,822.80 in liquidated damages; and (4) $430.00 in costs. [See Attached Written Summary Order for Details] Plaintiff is directed to serve a copy of this Electronic Order and the Attached Written Summary Order to defendants within 5 days of the date of this Order and immediately thereafter electronically file proof of such service. The Clerk of the Court is further directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 1/20/2011. (Irizarry, Dora) (Entered: 01/20/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 1/11/2011, Entered: None Unknown Document Type
NOTICE of Change of Plaintiffs' attorneys' address by Sally L. Schneider Effective 1-18-2011 (Schneider, Sally) (Entered: 01/11/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 9/20/2010, Entered: None Unknown Document Type
CERTIFICATE of Counsel re 12 REPORT AND RECOMMENDATIONS re 6 MOTION for Entry of Default filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension FundREPORT AND RECOMMENDATIONS re 6 MOTION for Entry of Default filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund Report and Recommendations served on Defendants on 09/20/10 by Sally L. Schneider on behalf of Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund (Schneider, Sally) (Entered: 09/20/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 9/17/2010, Entered: None Unknown Document TypeCourt Filing
REPORT AND RECOMMENDATIONS re 6 MOTION for Entry of Default filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. Objections to R&R due by 10/1/2010. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/17/2010. (Lee, Victoria) (Entered: 09/17/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 8/13/2010, Entered: None Unknown Document Type
MEMORANDUM in Support re 6 MOTION for Entry of Default filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. (Schneider, Sally) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 8/13/2010, Entered: None Unknown Document Type
AFFIDAVIT/DECLARATION in Support re 6 MOTION for Entry of Default Leary Affidavit filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. (Schneider, Sally) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 8/13/2010, Entered: None Unknown Document Type
AFFIDAVIT/DECLARATION in Support re 6 MOTION for Entry of Default Huang Affidavit filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. (Attachments: # 1 Exhibit # 5 1993 CBA, # 2 Exhibit #6 1993 CBA, # 3 Exhibit # 7 2005 CBA, # 4 Exhibit # 8 Trust Agreement, # 5 Exhibit # 9 Plan and Withdrawal Liability Rules, # 6 Exhibit # 10 Withdrawal Liability Procedures) (Schneider, Sally) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 7/30/2010, Entered: None Unknown Document TypeCourt Filing
ORDER re 6 MOTION for Entry of Default filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. Plaintiff is ordered to supplement its Motion for Entry of Default by 8/13/2010. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 7/30/2010. (Gerecci, Melisa) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required)  Filed: 3/17/2010, Entered: None Unknown Document Type
ORDER REFERRING MOTION: 6 MOTION for Entry of Default filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund --- Motion referred to Magistrate Judge Ramon E. Reyes, Jr. Ordered by Judge Dora Lizette Irizarry on 3/17/2010. (Irizarry, Dora)
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Legal Document (Payment Possibly Required) 7 Filed: 3/16/2010, Entered: None Unknown Document Type
Clerk's ENTRY OF DEFAULT as to Metro Demolition Contracting Corp., Metro Interior Demolition, Inc., pursuant to Rule 55(a) of the FederalRules of Civil Procedure. (Hamilton, Janet) (Entered: 03/16/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 3/9/2010, Entered: None Unknown Document Type
MOTION for Entry of Default by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. (Attachments: # 1 Clerk's Notation of Default, # 2 Affidavit in Support of Motion for Entry of Default, # 3 Proposed Default Judgment) (Schneider, Sally) (Entered: 03/09/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 3/4/2010, Entered: None Unknown Document Type
CERTIFICATE of Counsel re 4 Order to Answer,,, served on Defendants on 03/04/10 by Sally L. Schneider on behalf of Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund (Schneider, Sally) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 3/3/2010, Entered: None Unknown Document TypeCourt Filing
ORDER TO ANSWER: A review of the docket entries in this action indicates that there has been no activity in this case since the summons was returned executed on 2/8/2010. No later than March 10, 2010 one of the following events must occur: (a) the parties must file a stipulation extending the defendants time to answer, (b) the plaintiff must file a motion for the entry of a notation of default or (c) the defendant must file an answer. If, none of the preceding events occurs by the deadlines set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. The plaintiffs counsel is directed to provide a copy of this order to his client and to the defendant. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/3/2010. (Vertus, Miriam) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 2/8/2010, Entered: None Unknown Document Type
SUMMONS Returned Executed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. Metro Interior Demolition, Inc. served on 1/21/2010, answer due 2/11/2010. (Schneider, Sally) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 2/8/2010, Entered: None Unknown Document Type
SUMMONS Returned Executed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. Metro Demolition Contracting Corp. served on 1/21/2010, answer due 2/11/2010. (Schneider, Sally) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required)  Filed: 1/19/2010, Entered: None Unknown Document Type
FILING FEE: $ 350, receipt number 4653010162 (Bowens, Priscilla)
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Legal Document (Payment Possibly Required)  Filed: 1/19/2010, Entered: None Unknown Document Type
Summons Issued as to Metro Demolition Contracting Corp., Metro Interior Demolition, Inc.. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required) 1 Filed: 1/19/2010, Entered: None Unknown Document Type
COMPLAINT against Metro Demolition Contracting Corp., Metro Interior Demolition, Inc. Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Board of Trustees of the Private Sanitation Union Local 813 I.B.T. Pension Fund. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 01/19/2010)
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