DEFAULT JUDGMENT in favor of Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund, Dominick Giammona against Benjamin BBF9324 & Son Control, Inc.,, BBF9324 in the amount of $ 245,217.71. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 5, 2018, the court has reviewed Report and Recommendation of Magistrate Judge Pitman issued on December 6, 2018, following an inquest on damages following the default of the defendants; no objections to the Report and Recommendation have been filed and the time for filing any objections has passed, therefore Judgment is entered in favor of plaintiffs and against defendants jointly and severally, in the amount of $245,217.71; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 01/08/2018) (Attachments: # 1 Notice of Right to Appeal)(dt)
ORDER. The Court has reviewed the Report and Recommendation of Magistrate Judge Pitman issued on December 6, 2018, following an inquest on damages following the default of the defendants. No objections to the Report and Recommendation have been filed and the time for filing any Objections has passed. In any event, the Court finds that the Report and Recommendation are well founded. Therefore, the Court directs that Judgment be entered in favor of the plaintiffs and against the defendants, jointly and severally, in the amount of $245,217.71. The Clerk is also directed to close any pending motions and to close this case. SO ORDERED. Re 44 Report and Recommendation. (Signed by Judge John G. Koeltl on 1/5/2019) (rjm) Transmission to Orders and Judgments Clerk for processing.
REPORT AND RECOMMENDATION: Accordingly, for all the foregoing reasons, I respectfully recommend that judgment be entered in favor of plaintiffs in the amount of $245,217.71, calculated as follows. Objections to R&R due by 12/20/2018. (Signed by Magistrate Judge Henry B. Pitman on 12/6/2018) Copies Mailed By Chambers. Copies Transmitted By Chambers. (ne)
ORDER terminating 27 Motion for Default Judgment. The plaintiffs' motion for a default judgment was granted on April 13, 2018. See Dkt. No. 35. Accordingly, the Clerk is directed to close the plaintiffs' motion at Docket Number 27. SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/18) (yv)
CERTIFICATE OF SERVICE of Plaintiffs' Proposed Findings of Fact & Conclusions of Law, Supplemental Affidavit of Dominick Giammona and exhibit attached served on Benjamin BBF9324 & Son Control,Inc. and Estate of BBF9324 on 6/4/18. Service was made by FedEx Overnight Mail. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
AFFIDAVIT of Supplemental Affidavit of Dominick Giammona in Support of the Funds' Proposed Findings of Fact and Conclusions of Law Concerning Default Judgment Damages Against Defendants in Support re: 40 Proposed Findings of Fact. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 Exhibit 10)(Sutro, Steven)
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund.(Sutro, Steven)
ORDER: Notwithstanding my Order dated April 20, 2018, plaintiffs have failed to submit proposed Findings of Fact and Conclusions of Law. Instead, plaintiffs rely on three affidavits and an unauthenticated mass of exhibits (Docket Items 28, 29 and 38). Plaintiffs' submissions do not satisfy my April 20, 2018 Order. No later than June 4, 2018, plaintiffs are directed to serve and file proposed Findings of Fact and Conclusions of Law. Defendants' opposition, if any, is to be served and filed no later than July 5, 2018. (Signed by Magistrate Judge Henry B. Pitman on 5/21/2018) Copies Transmitted and Mailed By Chambers. (ras)
DECLARATION of Steven A. Sutro in Support re: 27 MOTION for Default Judgment as to .. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Sutro, Steven)
SCHEDULING ORDER: Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than May 18, 2018. All factual assertions made by plaintiff are to be supported by either affidavit or other material of evidentiary weight, and as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 4/20/2018) Copies Mailed And Transmitted By Chambers. (ras)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge John G. Koeltl on 4/13/2018) (mml)
ORDER: As stated at the conference held today, the plaintiffs are entitled to a default judgment. The defendants failed to respond to the summons and complaint. The Clerk has noted the defendants' default. The defendants also failed to appear at the hearing today on the Order to Show Cause signed by this Court on March 29, 2018. The Court has referred this case to the Magistrate Judge to conduct an inquest on damages. SO ORDERED. (Signed by Judge John G. Koeltl on 4/12/2018) (mml)
CERTIFICATE OF SERVICE of Court's Order dated March 29, 2018 entered on March 30, 2018 [Dkt. No. 33] served on Defendant BENJAMIN BBF9324 & SON CONTROL, INC. and Defendant BBF9324 on March 30, 2018. Service was made by UPS Next Day Air. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
ORDER: The plaintiffs have moved for default judgment against the defendants. A hearing on the motion will be held on Thursday, April 12, 2018, at 2:30pm. The plaintiffs shall serve a copy of this order, together with a copy of the motion, on the defendants immediately upon receipt. The defendants shall submit any papers in response to the motion by April 4, 2018. The plaintiffs shall file any replies by April 9, 2018. The defendants are advised that failure to respond to the motion for default judgment may be grounds for a default judgment being entered against them, in which event the defendants will have no trial. The plaintiff shall file proof of service of this order to show cause by April 9, 2016. (Set Deadlines/Hearing as to 27 MOTION for Default Judgment: Responses due by 4/4/2018, Replies due by 4/9/2018. Motion Hearing set for 4/12/2018 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/29/2018) (jwh)
ORDER granting 31 Letter Motion to Adjourn Conference. The April 3 conference is canceled. So ordered. (Signed by Judge John G. Koeltl on 3/29/2018) (anc)
LETTER MOTION to Adjourn Conference Sine Die addressed to Judge John G. Koeltl from Steven A. Sutro dated March 29, 2018. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund.(Sutro, Steven)
CERTIFICATE OF SERVICE of Motion for Entry of Default Judgment served on Benjamin BBF9324 & Son Control, Inc. & BBF9324 on 03/28/2018. Service was made by UPS Next Day Air. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
AFFIDAVIT of Dominick Giammona in Support re: 27 MOTION for Default Judgment as to .. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 Exhibit 6)(Sutro, Steven)
DECLARATION of Steven A. Sutro in Support re: 27 MOTION for Default Judgment as to .. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 Exhibit 1)(Sutro, Steven)
MOTION for Default Judgment as to . Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 Text of Proposed Order Defualt Judgment)(Sutro, Steven)
CERTIFICATE OF SERVICE of Request for a Certificate of Default, Declaration in Support of Request for a Certificate of Default, and [Proposed] Clerk's Certificate of Default served on Mitchell Kurban on 3/9/2018. Service was made by UPS Next Day Air. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
DECLARATION of Steven A. Sutro re: 23 Request to Enter Default, . Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
REQUEST TO ENTER DEFAULT against BBF9324 . Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 [Proposed] Clerk's Certificate of Default)(Sutro, Steven)
ORDER granting 21 Letter Motion to Adjourn Conference. ADJOURNED TO THURSDAY, APRIL 3, 2018, AT 4:30 PM. Initial Conference set for 4/3/2018 at 04:30 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 1/26/2018) (mro)
LETTER MOTION to Adjourn Conference scheduled for 1/29/2018 be adjourned at least 60 days, i.e. on or after 3/30/2018 addressed to Judge John G. Koeltl from Steven A. Sutro dated 1/25/2018. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund.(Sutro, Steven)
ORDER granting 19 Letter Motion to Adjourn Conference. Adjourned to Monday, January 29, 2018, at 4:30pm. So Ordered. (Initial Conference set for 1/29/2018 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/21/17) (yv)
JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Steven A. Sutro dated November 21 2017. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund.(Sutro, Steven)
ORDER granting 17 Letter Motion to Adjourn Conference. Adjourned to Monday, November 27, 2017, at 4:30pm. So Ordered. (Initial Conference set for 11/27/2017 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 9/21/17) (yv)
FIRST LETTER MOTION to Adjourn Conference scheduled for September 25, 2017, on Consent addressed to Judge John G. Koeltl from Steven A. Sutro dated September 21, 2017. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund.(Sutro, Steven)
AFFIDAVIT OF SERVICE of Summons and Complaint,. BBF9324 served on 8/30/2017, answer due 9/20/2017. Service was accepted by Scott BBF9324, Executor. Document filed by Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund; Dominick Giammona. (Sutro, Steven)
CERTIFICATE OF SERVICE of Request For Certificate of Default, [Proposed] Clerk's Certificate of Default, and Declaration in Support of Request For Certificate of Default served on Benjamin BBF9324 & Son Control, Inc. on 8/28/2017. Service was made by UPS Next Day Air. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
DECLARATION of Steven A. Sutro re: 12 Request to Enter Default, . Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
REQUEST TO ENTER DEFAULT against Benjamin BBF9324 & Son Control, Inc. . Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Attachments: # 1 [Proposed] Clerk's Certificate of Default)(Sutro, Steven)
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, September 25, 2017, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Initial Conference set for 9/25/2017 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (yv)
NOTICE OF COURT CONFERENCE: You arc directed to appear for a pretrial conference, to be held on Monday, September 25, 2017, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Pretrial Conference set for 9/25/2017 at 4:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ap)
AFFIDAVIT OF SERVICE of Summons and Complaint,. Benjamin BBF9324 & Son Control, Inc., served on 7/18/2017, answer due 8/8/2017. Service was accepted by Nancy Dougherty-Agent of the Secretary of State, of the State of New York, accepted service of the Summons and Complaint for defendant. Document filed by Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund; Dominick Giammona. (Sutro, Steven)
NOTICE OF APPEARANCE by Anthony Silverio Cacace on behalf of Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Cacace, Anthony)
Magistrate Judge Henry B. Pitman is so designated. 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: http://nysd.uscourts.gov/forms.php. (kl)
Filed: 7/10/2017, Entered: 7/10/2017
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (kl)
REQUEST FOR ISSUANCE OF SUMMONS as to BBF9324, re: 1 Complaint,. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
REQUEST FOR ISSUANCE OF SUMMONS as to Benjamin BBF9324 & Son Control, Inc., re: 1 Complaint,. Document filed by Dominick Giammona, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund. (Sutro, Steven)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund.(Sutro, Steven)
COMPLAINT against Benjamin BBF9324 & Son Control, Inc.,, BBF9324. (Filing Fee $ 400.00, Receipt Number 0208-13869717)Document filed by Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, And Training Fund, Dominick Giammona.(Sutro, Steven)
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