Board of Trustees of the UFCW Local 174 Pension Fund v. Karl Ehmer Delicatessen

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:10-cv-03188-RJD-SMG
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Last Updated January 12, 2019 at 7:40 AM EST (7.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Board of Trustees of the UFCW Local 174 Pension Fund, Plaintiff

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Anthony Silverio Cacace +1 212 969 3000 +1 212 969 2900 acacace@proskauer.com
ATTORNEY TO BE NOTICED Russell Laurence Hirschhorn +1 212 969 3286 +1 212 969 2900 rhirschhorn@proskauer.com
v.
No Logo Karl Ehmer Delicatessen, Defendant
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (21) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 16 Filed: 10/4/2011, Entered: None Unknown Document Type
CLERK'S JUDGMENT: ORDERED and ADJUDGED that judgment is hereby entered in favor of Plaintiff Board of Trustees of the UFCW Local 174 Pension Fund, and against Defendant Karl Ehmer Delicatessen f/k/a Glendale Pork Store, Inc. d/b/a Karl Ehmer Delicacy House, awarding Plaintiff judgment as follows: $296,592.00 in withdrawal liability; $45,758.49 in interest; $3,560.19 in fees and costs; and $2,535.25 in interest on the withdrawal liability portion of the award of $296,592.00 from July 1, 2011 through the date of entry of judgment, for a total judgment of $348,445.93. Ordered by Clerk of Court on 10/4/2011. (Chee, Alvin) (Entered: 10/04/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 9/20/2011, Entered: None Unknown Document TypeCourt Filing
ORDER ADOPTING REPORT AND RECOMMENDATION: Having considered the papers submitted in support of plaintiff's application and the thorough analysis of Chief Magistrate Judge Gold, the Court adopts the Report and Recommendation and directs the Clerk to enter judgment accordingly. Forwarded for judgment. Ordered by Senior Judge Raymond J. Dearie on 9/19/2011. (Chee, Alvin) (Entered: 09/20/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 9/1/2011, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by Board of Trustees of the UFCW Local 174 Pension Fund re 13 REPORT AND RECOMMENDATIONS re 4 MOTION for Default Judgment as to defendant Karl E Delicatessen f/k/a Glendale Pork Store, Inc. d/b/a Karl Ehmer Delicacy House filed by Board of Trustees of the UFCW Local 174 Pension Fund (Cacace, Anthony) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 8/8/2011, Entered: None Unknown Document Type
REPORT AND RECOMMENDATIONS re 4 MOTION for Default Judgment, respectfully recommending that plaintiff be awarded $296,592 in withdrawal liability, $45,758.49 in interest, and $3,560.19 in fees and costs for a total of $346,270.68. I further recommend that plaintiff be awarded interest on the $296,592 from July 1, 2011 through the date of judgment, at the rate specified in 29 C.F.R. § 4219.32, to be calculated by the Clerk of the Court at the time of judgment. Objections to R&R due by 8/25/2011. Ordered by Chief Magistrate Steven M. Gold on 8/8/2011. (O'Connor, Erin) (Entered: 08/08/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 1/11/2011, Entered: None Unknown Document Type
NOTICE of Change of the street address for Proskauer Rose LLP from 1585 Broadway, New York, NY 10036-8299 to Eleven Times Square, New York, NY 10036-8299 by Anthony S Cacace (Cacace, Anthony) (Entered: 01/11/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 12/22/2010, Entered: None Unknown Document Type
NOTICE of Change of the street address for Proskauer Rose LLP from 1585 Broadway, New York, NY 10036-8299 to Eleven Times Square, New York, NY 10036-8299 by Russell Laurence Hirschhorn (Hirschhorn, Russell) (Entered: 12/22/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 11/18/2010, Entered: None Unknown Document Type
Letter to the Hon. Steven M. Gold, from Russell L. Hirschhorn, Esq. by Board of Trustees of the UFCW Local 174 Pension Fund (Hirschhorn, Russell) (Entered: 11/18/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 11/12/2010, Entered: None Unknown Document TypeCourt Filing
Letter to Judge Gold from Russell Hirschhorn on behalf of plaintiff pursuant to the Court's 10-28-10 Order, to supplement Plaintiff's prior submission in support of the requested damages by Board of Trustees of the UFCW Local 174 Pension Fund (Attachments: # 1 Exhibit Declaration of David B. Reid in Support of Plaintiff's Motion for Judgment by Default, # 2 Exhibit Default Judgment Submission, # 3 Exhibit Return Receipt of Service of Order dated 10-28-10, # 4 Exhibit Certificate of Service of Anthony Cacace certifying that on 11-12-10 he served Plaintiff's Supplemental Submission in Support of Plaintiff's Motion for Default Judgment upon Rudolph Drauch and Glendale Pork by UPS) (Hirschhorn, Russell) (Entered: 11/12/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 10/28/2010, Entered: None Unknown Document Type
ORDER re Motions Referred: See attached for briefing schedule and additional information. Ordered by Chief Magistrate Steven M. Gold on 10/28/2010. (O'Connor, Erin) (Entered: 10/28/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 10/26/2010, Entered: None Unknown Document TypeCourt Filing
ORDER: Plaintiff seeks a judgment of default pursuant to Rule 55(b) in the amount of $354,000 (including the withdrawal liability and prejudgment interest), plus costs and attorneys' fees. Notwithstanding the considerable documentation plaintiff has furnished in support of its claim, plaintiff's motion is respectfully referred pursuant to 28 U.S.C. § 636(b)(1)(B) to Chief Magistrate Steven M. Gold for report and recommendation. Ordered by Chief Judge Raymond J. Dearie on 10/22/2010. (Chee, Alvin) (Entered: 10/26/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 9/17/2010, Entered: None Unknown Document Type
Clerk's ENTRY OF DEFAULT as to Karl Ehmer Delicatessen,pursuant to Rule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet) (Entered: 09/17/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 9/17/2010, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by Board of Trustees of the UFCW Local 174 Pension Fund re 4 MOTION for Default Judgment as to defendant Karl E Delicatessen f/k/a Glendale Pork Store, Inc. d/b/a Karl Ehmer Delicacy House Served upon Defendant by UPS Next Day Delivery (Cacace, Anthony) (Entered: 09/17/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 9/17/2010, Entered: None Unknown Document Type
MOTION for Default Judgment as to defendant Karl E Delicatessen f/k/a Glendale Pork Store, Inc. d/b/a Karl Ehmer Delicacy House by Board of Trustees of the UFCW Local 174 Pension Fund. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Invoice, # 3 Exhibit Summons with return/proof of service, # 4 Exhibit Statement of Damages, # 5 Exhibit Interest Calculations, # 6 Exhibit Time Records, # 7 Exhibit Proposed Default Judgment, # 8 Exhibit Clerk's Notation of Default) (Hirschhorn, Russell) (Entered: 09/17/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 8/5/2010, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER: An in-person initial conference will be held at 11:00 a.m. on October 27, 2010 in Courtroom 13-D South. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/5/2010. (Attachments: # 1 Chambers Individual Rules) (Vasquez, Lea) (Entered: 08/05/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 7/20/2010, Entered: None Unknown Document Type
SUMMONS Returned Executed by Board of Trustees of the UFCW Local 174 Pension Fund. Karl Ehmer Delicatessen served on 7/19/2010, answer due 8/9/2010. (Cacace, Anthony) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 7/13/2010, Entered: None Unknown Document Type
COMPLAINT against Karl Ehmer Delicatessen Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Board of Trustees of the UFCW Local 174 Pension Fund. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 07/14/2010)
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Legal Document (Payment Possibly Required)  Filed: 10/26/2010, Entered: None Unknown Document Type
MOTION REFERRED: 4 MOTION for Default Judgment as to defendant Karl E Delicatessen f/k/a Glendale Pork Store, Inc. d/b/a Karl Ehmer Delicacy House, referred to Magistrate Judge Gold. (Chee, Alvin)
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Legal Document (Payment Possibly Required)  Filed: 9/17/2010, Entered: None Unknown Document Type
NOTICE re 6 Clerk's Entry of Default: The conference scheduled for October 27th is cancelled. (Vasquez, Lea)
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Legal Document (Payment Possibly Required)  Filed: 7/13/2010, Entered: None Unknown Document Type
Summons Issued as to Karl Ehmer Delicatessen. (Davis, Kimberly)
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Legal Document (Payment Possibly Required)  Filed: 7/13/2010, Entered: None Unknown Document Type
FILING FEE: $ 350.00, receipt number 46530172255 (Davis, Kimberly)
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Blank 15 Filed: 10/13/2011, Entered: None Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATION: Having considered the papers submitted in support of plaintiff's application and the thorough analysis of Chief Magistrate Judge Gold, the Court adopts the Report and Recommendation and directs the Clerk to enter judgment accordingly. Forwarded for judgment. Ordered by Senior Judge Raymond J. Dearie on 9/19/2011. (Chee, Alvin)
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