Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund v. Benjamin Kurzban & Son Control, Inc.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:15-cv-05262
District Judge Alvin K. Hellerstein, presiding
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District Judge Alvin K. Hellerstein
Last Updated February 2, 2019 at 10:40 PM EST (7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity 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
v.
No Logo Benjamin Kurzban & Son Control, Inc.,, Defendant
Attributes
Citation Section 29 U.S.C. § 1132
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
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Legal Document (Payment Possibly Required)  Filed: 3/22/2016, Entered: None Unknown Document Type
ABSTRACT OF JUDGMENT issued on March 22, 2016 in favor of Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund, and Annuity Fund and against Benjamin Kurzban & Son Control, Inc. in the amount of $623,646.33. (jk)
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Legal Document (Payment Possibly Required) 17 Filed: 2/3/2016, Entered: None Unknown Document TypeCourt Filing
DEFAULT JUDGMENT: that plaintiffs, the Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund (the "Funds"), have judgment against Defendant Kurzban in the liquidated amount of $623,646.33, computed as follows: (a) $445,169.06 for payment of all past due fringe benefit contributions; (b) $24,948.97 for liquidated damages on all past due fringe benefit contributions; (c) $24,948.97 for accrued prejudgment interest on all past due fringe benefit contributions; (d) $83,270.88 for remittance of dues checkoffs and MTDC PAC contributions; (e) $39,845.95 for costs of the audit of Defendant's books; and (f) $5,462.50 for reasonable attorney's fees and costs. (Signed by Judge Alvin K. Hellerstein on 2/3/2016) (tn) (Entered: 02/03/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 1/19/2016, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE of Plaintiff's Motion For Default Judgment, Declaration of Anthony Cacace in Support, and Affidavit of Dominick Giammona in Support served on Benjamin Kurzban & Son Control, Inc. on 1/19/2016. Service was made by UPS Next Day Air. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Cacace, Anthony) (Entered: 01/19/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 1/19/2016, Entered: None Unknown Document Type
AFFIDAVIT of Dominick Giammona in Support re: 13 MOTION for Default Judgment as to Defendant Benjamin Kurzban & Son Control, Inc... Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Attachments: # 1 Exhibit 1: Complaint, # 2 Exhibit 6: Trade Agreement, # 3 Exhibit 7: Transmittal of ECA Agreement)(Cacace, Anthony) (Entered: 01/19/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 1/19/2016, Entered: None Unknown Document Type
DECLARATION of Anthony S. Cacace in Support re: 13 MOTION for Default Judgment as to Defendant Benjamin Kurzban & Son Control, Inc... Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Attachments: # 1 Exhibit 1: Complaint, # 2 Exhibit 2: Affidavit of Service, # 3 Exhibit 3: Certificate of Default, # 4 Exhibit 4: Professional Fees, # 5 Exhibit 5: Letter to Defendant, # 6 Exhibit 6: Trade Agreement, # 7 Exhibit 7: Transmittal of ECA Agreement)(Cacace, Anthony) (Entered: 01/19/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 1/19/2016, Entered: None Unknown Document Type
MOTION for Default Judgment as to Defendant Benjamin Kurzban & Son Control, Inc.. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Attachments: # 1 [Proposed] Default Judgment Order)(Cacace, Anthony) (Entered: 01/19/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 10/13/2015, Entered: None Unknown Document Type
CLERK'S CERTIFICATE OF DEFAULT as to Benjamin Kurzban & Son Control, Inc. (km) (Entered: 10/13/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 10/9/2015, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE of Plaintiffs' Request For A Certificate of Default and Declaration in Support of Request For Certificate of Default served on Benjamin Kurzban & Son Control, Inc. on 10/9/2015. Service was made by UPS Next Day. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Cacace, Anthony) (Entered: 10/09/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 10/9/2015, Entered: None Unknown Document Type
DECLARATION of Anthony S. Cacace in Support re: 9 Request to Enter Default. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Cacace, Anthony) (Entered: 10/09/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 10/9/2015, Entered: None Unknown Document Type
REQUEST TO ENTER DEFAULT against Benjamin Kurzban & Son Control, Inc. . Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,.(Cacace, Anthony) (Entered: 10/09/2015)
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Legal Document (Payment Possibly Required)  Filed: 9/25/2015, Entered: None Unknown Document Type
Received Return Receipt of Mail Order by Certified Mail as to Benjamin Kurzban & Son CRTL Inc. 1248 RALPH AVENUE BROOKLYN, NY 11236-1414 by Certified Mail # 70020510000427772237, on 09/21/2015. (ca)
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Legal Document (Payment Possibly Required)  Filed: 9/14/2015, Entered: None Unknown Document Type
Returned Defendant's Answer as per 8 FRCP Rule 5d Memo - Received from Chambers, to Benjamin Kurzban & Son CRTL Inc. 1248 RALPH AVENUE BROOKLYN, NY 11236-1414 by Certified Mail # 70020510000427772237 with Return Receipt Requested. (ca)
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Legal Document (Payment Possibly Required) 6 Filed: 7/20/2015, Entered: None Unknown Document Type
AFFIDAVIT OF SERVICE. Benjamin Kurzban & Son Control, Inc., served on 7/15/2015, answer due 8/5/2015. Service was accepted by Chad Matice, agent of the Secretary of State, of the State of New York. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Cacace, Anthony) (Entered: 07/20/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 7/8/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Benjamin Kurzban & Son Control, Inc.,. (dgo) (Entered: 07/08/2015)
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Legal Document (Payment Possibly Required)  Filed: 7/8/2015, Entered: None Unknown Document Type
Case Designated ECF. (dgo)
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Legal Document (Payment Possibly Required)  Filed: 7/8/2015, Entered: None Unknown Document Type
Magistrate Judge Frank Maas is so designated. (dgo)
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Legal Document (Payment Possibly Required)  Filed: 7/8/2015, Entered: None Unknown Document Type
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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. (dgo)
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Legal Document (Payment Possibly Required) 4 Filed: 7/7/2015, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,.(Cacace, Anthony) (Entered: 07/07/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 7/7/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Benjamin Kurzban & Son Control, Inc., re: 1 Complaint. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,. (Cacace, Anthony) (Entered: 07/07/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 7/7/2015, Entered: None Unknown Document Type
CIVIL COVER SHEET filed. (Cacace, Anthony) (Entered: 07/07/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 7/7/2015, Entered: None Unknown Document Type
COMPLAINT against Benjamin Kurzban & Son Control, Inc.,. (Filing Fee $ 400.00, Receipt Number 0208-11123630)Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund,.(Cacace, Anthony) (Entered: 07/07/2015)
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