Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. J.H. Reid General Contractor
Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Petitioner
AFFIDAVIT OF SERVICE of Notice of Motion, Declaration of William Davidian in Support of Motion, Declaration of Todd Dickerson in Support of Motion, and Rule 56.1 Statement served on J.H. Reid General Contractor on January 7, 2019. Service was made by Mail. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Dickerson, Todd)
DECLARATION of William Davidian in Support re: 12 MOTION for Summary Judgment .. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dickerson, Todd)
LETTER MOTION for Leave to File Declaration of William Davidian in Support of Motion addressed to Judge Analisa Torres from Todd Dickerson dated January 7, 2019. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund.(Dickerson, Todd)
RULE 56.1 STATEMENT. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Dickerson, Todd)
DECLARATION of Todd Dickerson in Support re: 12 MOTION for Summary Judgment .. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Attachments: # 1 Exhibit G, # 2 Exhibit H)(Dickerson, Todd)
DECLARATION of William Davidian in Support re: 12 MOTION for Summary Judgment .. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Errata D, # 5 Exhibit E, # 6 Exhibit F)(Dickerson, Todd)
MOTION for Summary Judgment . Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund.(Dickerson, Todd)
SUMMONS RETURNED EXECUTED. J.H. Reid General Contractor served on 12/11/2018, answer due 1/2/2019. Service was accepted by Amy Lesch, being an authorized person in the Corporation Division of the Department of State. Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund ; The New York City District Council of Carpenters; The New York City and Vicinity Carpenters Labor-Management Corporation; Trustees of the New York City Carpenters Relief and Charity Fund. (Dickerson, Todd)
AFFIDAVIT OF SERVICE of Order served on J.H. Reid General Contractor on December 12, 2018. Service was accepted by F. Certo, Managing Agent. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Dickerson, Todd)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund.(Dickerson, Todd)
REQUEST FOR ISSUANCE OF SUMMONS as to J.H. Reid General Contractor, re: 5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Fund. (Dickerson, Todd)
ORDER: On December 5, 2018, Petitioners filed a petition to confirm an arbitration award. ECF No. 1. Proceedings to confirm an arbitration award must be "treated as akin to a motion for summary judgment." D.H Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is ORDERED that: 1. By January 4, 2019, Petitioners shall file and serve a statement pursuant to Local Civil Rule 56.1 and any additional materials with which they intend to support the petition, including memoranda of law, the arbitration award, supporting documents, and any affidavits or declarations attesting that the exhibits are true and correct copies of what they purport to be; 2. By January 18, 2019, Respondent shall file its opposition; and 3. Petitioners' reply, if any, is due by January 25, 2019. It is further ORDERED that by December 20, 2018, Petitioners shall serve a copy of the petition and this order upon Respondent by personal service on an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service, pursuant to N.Y. C.P.L.R. § 311, and upon the secretary of state, pursuant to N.Y. Bus. Corp. Law § 306. By January 4, 2019, Petitioners shall file an affidavit of such service. ( Responses due by 1/18/2019, Replies due by 1/25/2019.) (Signed by Judge Analisa Torres on 12/6/2018) (mro) (Entered: 12/07/2018)
Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration
PETITION TO CONFIRM ARBITRATION..Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City Carpenters Relief and Charity 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)(Dickerson, Todd)
MEMORANDUM OF LAW in Support re: 1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, . Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Funds. (Dickerson, Todd)
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to J.H. Reid General Contractor, re: 1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City Carpenters Relief and Charity Funds. (Dickerson, Todd) Modified on 12/6/2018 (jgo).
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-16006321).Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, The New York City District Council of Carpenters, The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees of the New York City Carpenters Relief and Charity Funds. (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)(Dickerson, Todd) Modified on 12/6/2018 (jgo).
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Todd Dickerson. The party information for the following party/parties has been modified: Trustees of the New York City Carpenters Relief and Charity Fund. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Todd Dickerson to RE-FILE Document No. 1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. The filing is deficient for the following reason(s): due to party modification, the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (jgo)
Magistrate Judge Barbara C. Moses 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. (jgo)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Todd Dickerson to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): due to party modification, the wrong filer/filers were selected for the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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