ORDER: It is hereby ordered that Defendants BERGER MECHANICAL, INC. and ROBERT BERGER failed to appear before this Court on Wednesday, December 22,2010 at 2:00 p.m., in violation of this Court's December 2, 2010 Order (Doc. #23). (Signed by Judge Loretta A. Preska on 12/23/2010) (jpo) (Entered: 12/23/2010)
AFFIDAVIT OF SERVICE of Order to Show Cause (Docket #23) served on Robert Berger on December 6, 2010. Service was made by Mail. Document filed by Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund. (Selwocki, David) (Entered: 12/06/2010)
ORDER FOR SHOW CAUSE: Defendant BERGER MECHANICAL, INC, ROBERT BERGER shall show cause as to why they should not be held in contempt for failing to obey: 1) This Court's Default Judgment (Docket No.6); 2) Subpoenas dated January 11, 2010; and, 3) This Court's order for sanctions (Doc. #16) and order for imposition of fees (Doc. #19). The above resolves dkt. no. 21. Show Cause Hearing set for 12/22/2010 at 02:00 PM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 12/2/2010) (jfe) (Entered: 12/03/2010)
ORDER, that papers in opposition to plaintiffs' motion requiring compliance with certain discovery requests and for sanctions, fees and other relief [dkt. no. 21] shall be filed no later than October 22; reply papers, if any, shall be filed no later than October 26. The motion shall be returnable on Thursday, October 28 at 3:00 p.m. in courtroom 12A at 500 Pearl Street, New York, New York. (Signed by Judge Loretta A. Preska on 10/19/10) (pl) (Entered: 10/19/2010)
MOTION for Order to Show Cause and Certificate of Service. Document filed by Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund. (Attachments: # 1 Appendix Index of Exhibits to Plaintiffs' Motion for Show Cause, # 2 Exhibit A - Judgment by Default entered 11/4/09, # 3 Exhibit B - Correspondence to Defendants dated 11/12/09 w/Certificate of Service, # 4 Exhibit C - Proposed Order)(Selwocki, David) (Entered: 10/12/2010)
CERTIFICATE OF SERVICE of Plaintiffs' Application for Attorney Fees and Costs Pursuant to Order Granting Plaintiffs' Motion for Sanctions Against Defendants Berger Mechanical, Inc. and Robert Berger served on Robert Berger and Berger Mechanical, Inc. on July 7, 2010. Service was made by mail. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 07/07/2010)
MEMO ENDORSEMENT:The hourly charges and fees appear to be fair and reasonable, Motions terminated: 18 MOTION for Attorney Fees. filed by Sheet Metal Workers National Pension Fund, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan. SO ORDERED (Signed by Judge Stephen C. Robinson on 6/16/2010) (rj) (Entered: 06/21/2010)
Plaintiff's MOTION for Attorney Fees. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund.(rj) (Entered: 06/21/2010)
CERTIFICATE OF SERVICE of Order Granting Plaintiffs' Motion for Sanctions Against Defendants Berger Mechanical, Inc. and Robert Berger served on Robert Berger and Berger Mechanical, Inc. on May 25, 2010. Service was made by mail. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 05/26/2010)
ORDER AND OPINION: This Court grants Plaintiffs' motion for sanctions against Defendants Berger Mechanical Inc. and Robert Berger for their failure to comply with previous orders by this Court and to appear today in response to the Show Cause that this Court entered on April 28,2010. The sanctions will include court fees and attorneys costs that this Court, upon application by Plaintiffs, determines to be reasonable. Defendants can avoid the above sanctions by making an appearance in this action and immediately contacting Plaintiffs to facilitate an audit of Defendants' books and other appropriate discovery. SO ORDERED (Signed by Judge Stephen C. Robinson on 5/17/2010) (rj) (Entered: 05/17/2010)
CERTIFICATE OF SERVICE of Order to Show Cause served on Berger Mechanical, Inc. on May 5, 2010. Service was accepted by Carol Vogt at the Secretary of State. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 05/14/2010)
CERTIFICATE OF SERVICE of Order to Show Cause served on Robert Berger on May 1, 2010. Service was accepted by Mrs. Berger. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 05/14/2010)
MOTION for Matthew I. Henzi to Appear Pro Hac Vice. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. $25.00 fee paid. Receipt # 897703.(fk) (Entered: 05/05/2010)
AMENDED ORDER TO SHOW CAUSE filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. Defendants shall show cause as to why they should not be held in contempt for failing to obey this Court's Default Judgment (Docket No. 6) and failing to obey subpoenas dated January 11,2010.. Show Cause Hearing set for 5/17/2010 at 10:00 AM before Judge Stephen C. Robinson. SO ORDERED (Signed by Judge Stephen C. Robinson on 4/28/2010) (rj) (Entered: 04/28/2010)
ORDER TO SHOW CAUSE filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. Defendant shall show cause as to why they should not be held in contempt for failing to obey this Court's Default Judgment (Docket No. 6) and failing to obey subpoenas dated January 11,2010.. Show Cause Hearing set for 5/17/2010 at 10:00 AM before Judge Stephen C. Robinson. SO ORDERED (Signed by Judge Stephen C. Robinson on 4/27/2010) (rj) (Entered: 04/27/2010)
CERTIFICATE OF SERVICE of Motion to Show Cause Pursuant to Fed. R. Civ. P 45(e) served on Robert Berger and Berger Mechanical, Inc. on 4/23/10. Service was made by mail. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 04/26/2010)
MOTION for Order to Show Cause and Certificate of Service. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit A - Judgment by Default entered 11/4/09, # 3 Exhibit B - Correspondence to Defendants dated 11/12/10 w/Certificate of Service, # 4 Exhibit C - Subpoenas to Robert Berger and Berger Mechanical, Inc., # 5 Exhibit D - Affidavits of Process Server, # 6 Exhibit E - Proposed Order)(Selwocki, David) (Entered: 04/23/2010)
AFFIDAVIT OF SERVICE of Default JudgmentDefault Judgment served on Berger Mechanical, Inc.Robert Berger on 11/12/0911/12/09. Service was made by MailMail. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund., CERTIFICATE OF SERVICE of Default JudgmentDefault Judgment served on Berger Mechanical, Inc.Robert Berger on 11/12/0911/12/09. Service was made by MailMail. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 11/12/2009)
DEFAULT JUDGMENT # #09,0248WP in favor of Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund against Berger Mechanical, Inc., Robert Berger in the amount of $ 10,600.18...ORDERED, ADJUDGED AND DECREED: That the Plaintiffs have Judgment against the Defendants in the liquidated amount of $10,600.18 ( Unpaid contributions and assessments $9,112.48, Interest on the paid contributions pursuant to 29 USC 1132(g)(2)(B) $99.35, Interest on the unpaid contributions pursuant to 29 USC 1132(g)(2)(C)(i) $99.35, and Reasonable attorney fees and costs $1,289.00. This being a collection action for unpaid fringe benefit contributions... SO ORDERED. (Signed by Judge Stephen C. Robinson on 11/04/2009) (gco) (Entered: 11/10/2009)
REQUEST TO ENTER DEFAULT against Berger Mechanical, Inc. and Robert Berger. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund.(dcr) (Entered: 10/13/2009)
AFFIDAVIT OF SERVICE. Berger Mechanical, Inc. served on 8/18/2009, answer due 9/8/2009. Service was accepted by Robert Berger. Document filed by Sheet Metal Workers National Pension Fund; Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds; Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund; Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers Local 38 Labor Management Committee and Trust; Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 08/31/2009)
AFFIDAVIT OF SERVICE. Robert Berger served on 8/18/2009, answer due 9/8/2009. Service was accepted by Robert Berger. Document filed by Sheet Metal Workers National Pension Fund; Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds; Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund; Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers Local 38 Labor Management Committee and Trust; Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David) (Entered: 08/31/2009)
NOTICE OF REQUIREMENT TO SUBMIT A SCHEDULING ORDER: Counsel for all parties are directed to confer and develop a Proposed Civil CaseDiscovery Plan and Scheduling Order. The parties shall submit a proposed Scheduling Order to the Court at the Initial Case Management Conference. Initial Case Management Conference set for 10/14/2009 at 04:00 PM before Judge Stephen C. Robinson. (mml) (Entered: 06/24/2009)
COMPLAINT against Berger Mechanical, Inc., Robert Berger. (Filing Fee $ 350.00, Receipt Number 691680)Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Trust Funds, Trustees of the Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund.(mml) (Entered: 06/22/2009)
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