Name: Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund v. Benjamin Kurzban & Son Control, Inc. :: New York Southern District Court :: Federal Civil Lawsuit No. 1:16-cv-05831, Judge Richard J. Sullivan presiding
Creator: New York Southern District Court
Published: 2016-07-21
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, New York Southern District Court

Save 25% on a pre-paid one year subscription.

15	Filed: 10/17/2016, Entered: 10/17/2016
	CERTIFICATE OF SERVICE of Consent Judgment served on Defendant Benjamin Kurzban & Son Control, Inc. on 10/17/2016. Service was made by Mail. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund. (Cacace, Anthony)
	Request

14	Filed: 9/28/2016, Entered: 9/28/2016
	CONSENT JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. Judgment is entered in favor of Plaintiffs Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Fund and against Defendant Benjamin Kurzban & Son Control, Inc. in the liquidated amount of $507,702.02, which amount includes: $367,426.58 for the balance of fringe benefit contributions, dues checkoffs and PAC contributions owed, as determined by an audit of the books and records of Benjamin Kurzban & Son Control, Inc. covering the period June 30, 2014 through September 27, 2015; $17,020.18 for interest; $73,485.32 for liquidated damages; $33,860.29 for audit fees; and $15,909.65 for reasonable attorneys' fees and costs incurred by the Funds as of September 20, 2016; and 2. This Consent Judgment shall be binding upon Plaintiffs and Defendant, and their respective administrators, affiliates, successors and assigns; and 3. The Court shall retain jurisdiction over the Action for the purpose or enforcing this Consent Judgment. (Signed by Judge Richard J. Sullivan on 9/28/2016) (Attachments: # 1 Right to appeal attachment part 1, # 2 Right to appeal attachment part 2)(mro) (Additional attachment(s) added on 10/14/2016: # 3 Signature page) (mro).
	Request

13	Filed: 9/22/2016, Entered: 9/22/2016
	CLERK'S CERTIFICATE OF DEFAULT as to Benjamin Kurzban & Son Control, Inc. (km)
	Request

12	Filed: 9/6/2016, Entered: 9/6/2016
	MEMO ENDORSEMENT on re: 11 Letter, filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund. ENDORSEMENT: This request is GRANTED. Accordingly, IT IS HEREBY ORDERED THAT the initial conference previously scheduled for September 7, 2016 is adjourned sine die. IT IS FURTHER ORDERED THAT, by September 28, 2016, Plaintiffs shall file a motion for a default judgment, submitted in accordance with Rule 6 of the Court's Individual Rules and Practices. (Motions due by 9/28/2016.) (Signed by Judge Richard J. Sullivan on 9/6/2016) (tn)
	Request

11	Filed: 9/5/2016, Entered: 9/5/2016
	LETTER addressed to Judge Richard J. Sullivan from Anthony S. Cacace dated September 5, 2016 re: Request to Adjourn Initial Conference. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund.(Cacace, Anthony)
	Request

10	Filed: 9/1/2016, Entered: 9/1/2016
	CERTIFICATE OF SERVICE of Plaintiffs' Request For Certificate of Default and all Supporting Documentation served on Defendant Benjamin Kurzban & Son Control, Inc. on September 1, 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 and Training Fund. (Cacace, Anthony)
	Request

9	Filed: 9/1/2016, Entered: 9/1/2016
	DECLARATION of Anthony S. Cacace in Support re: 8 Request to Enter Default,. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund. (Cacace, Anthony)
	Request

8	Filed: 9/1/2016, Entered: 9/1/2016
	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 and Training Fund. (Attachments: # 1 Exhibit Proposed Clerk's Certificate of Default)(Cacace, Anthony)
	Request

7	Filed: 8/3/2016, Entered: 8/4/2016
	ORDER: Initial Conference set for 9/7/2016 at 10:15 AM in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 8/3/2016) (mro)
	Request

6	Filed: 8/2/2016, Entered: 8/2/2016
	AFFIDAVIT OF SERVICE of Summons and Complaint,. Benjamin Kurzban & Son Control, Inc., served on 7/26/2016, answer due 8/16/2016. Service was accepted by Nancy Dougherty an Agent of the Secretary of State, State of New York. Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund. (Cacace, Anthony)
	Request

5	Filed: 7/22/2016, Entered: 7/22/2016
	ELECTRONIC SUMMONS ISSUED as to Benjamin Kurzban & Son Control, Inc.,. (dgo)
	Request

	Filed: 7/22/2016, Entered: None	Unknown Document Type
	Case Designated ECF. (dgo) Attachment 1 Attachment 2 Attachment 3
	Request

	Filed: 7/22/2016, Entered: None	Unknown Document Type
	Magistrate Judge Ronald L. Ellis is so designated. (dgo)
	Request

	Filed: 7/22/2016, Entered: None	Unknown Document Type
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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)
	Request

4	Filed: 7/21/2016, Entered: 7/21/2016
	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 and Training Fund.(Cacace, Anthony)
	Request

3	Filed: 7/21/2016, Entered: 7/21/2016
	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 and Training Fund. (Cacace, Anthony)
	Request

2	Filed: 7/21/2016, Entered: 7/21/2016
	CIVIL COVER SHEET filed. (Cacace, Anthony)
	Request

1	Filed: 7/21/2016, Entered: 7/21/2016
	COMPLAINT against Benjamin Kurzban & Son Control, Inc.,. (Filing Fee $ 400.00, Receipt Number 0208-12563920)Document filed by Trustees of the Mason Tenders' District Council Welfare Fund, Pension Fund and Annuity Fund and Training Fund.(Cacace, Anthony)
	Request