Alston et al v. Propark America New York LLC
New York Southern District Court | |
Judge: | Paul A Engelmayer |
Case #: | 1:17-cv-06394 |
Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
Cause | 29:1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
Case Filed: | Aug 22, 2017 |
Terminated: | May 01, 2018 |
Last checked: Sunday Feb 18, 2018 3:58 AM EST |
Defendant
Propark America New York LLC
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Represented By
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Plaintiff
Fred Alston
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Represented By
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Docket last updated: 03/26/2024 11:59 PM EDT |
Thursday, May 03, 2018 | ||
24 | 24
order
Stipulation and Order
Thu 05/03 3:39 PM
SETTLEMENT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the plaintiffs and the attorneys for the defendants, all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action is settled upon the following terms and conditions: Defendant agrees that it owes to plaintiffs contributions of $11,180.36, to the Pension Fund, and $5,714.73, to the Welfare Fund, said contributions amounting to $16,895.09. Defendant agrees that it owes to plaintiffs interest of $2,725.60. Defendant agrees that it owes to plaintiffs penalties of $500.00. Defendant agrees that it owes to plaintiffs attorneys' fees of $6,300.00 and costs of $491.00, said attorneys' fees and costs totaling $6,791.00. Defendant agrees that said contributions; interest; penalties; attorneys' fees and costs owed to plaintiffs amount to $26,911.69. Defendant shall pay the sum in 6 installments. The first installment of $4,485.28, is due within five (5) business days of this agreement being fully executed. Thereafter, Defendant shall make 5 monthly payments, each in the amount of $4,485.28, Payments must be made by electronic wire transfer to the IOLA account of Jeffrey S. Dubin, P.C. The wiring instructions have been previously provided to the Defendant under separate correspondence. The second installment is due on or before July 1, 2018; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/3/2018) (anc) Modified on 5/3/2018 (anc) |
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23 | 23
misc
Settlement Agreement
Thu 05/03 10:26 AM
SETTLEMENT AGREEMENT . Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund).(Lucas-Strang, Amy) |
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Att: 1 Exhibit Release | ||
Wednesday, May 02, 2018 | ||
22 | 22
misc
Settlement Agreement
Wed 05/02 1:22 PM
SETTLEMENT AGREEMENT . Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund).(Lucas-Strang, Amy) |
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Tuesday, May 01, 2018 | ||
21 | 21
2
pgs
order
Order of Discontinuance
Tue 05/01 4:43 PM
ORDER OF DISCONTINUANCE: The Court having been advised by plaintiff's counsel that all claims asserted herein have been settled in principle, Dkt. 20, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so-ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 5/1/2018) (mro) |
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20 | 20
motion
Adjourn Conference
Tue 05/01 11:30 AM
LETTER MOTION to Adjourn Conference cancel conference due to settlement addressed to Judge Paul A. Engelmayer from Amy E. Strang dated May 1, 2018. Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund).(Lucas-Strang, Amy) |
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Monday, December 04, 2017 | ||
19 | 19
order
Scheduling Order
Tue 12/05 10:33 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Deposition due by 3/23/2018. Fact Discovery due by 4/4/2018. Case Management Conference set for 5/4/2018 at 12:00 PM before Judge Paul A. Engelmayer. Counsel for the parties have conferred and their present best estimate of the length of trial is 1-2 days. (Signed by Judge Paul A. Engelmayer on 12/4/2017) (mro) |
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18 | 18
1
pgs
order
Order Referring Case to Magistrate Judge
Tue 12/05 10:24 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. Plaintiffs counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. (Signed by Judge Paul A. Engelmayer on 12/4/2017) (mro) |
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17 | 17
minutes
Pretrial Conference - Initial
Mon 12/04 4:01 PM
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 12/4/2017. Amy Elizabeth Lucas-Strang present for Plaintiffs. Netanel Newberger present for Defendants. (ajs) |
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Tuesday, November 28, 2017 | ||
16 | 16
misc
Letter
Tue 11/28 2:01 PM
JOINT LETTER addressed to Judge Paul A. Engelmayer from Amy E. Strang dated November 28, 2017 re: Pre-trial conference. Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund).(Lucas-Strang, Amy) |
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Att: 1 Supplement Case Management Plan | ||
Tuesday, November 14, 2017 | ||
notice
Notice of Hearing
Tue 11/14 10:37 AM
NOTICE of Hearing: Initial Conference set for 12/4/2017 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference, previously scheduled for 5:00 PM, is hereby rescheduled for 04:00 PM . Notice entered by Courtroom Deputy A.J. Smallman.(ajs) |
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Thursday, November 09, 2017 | ||
15 | 15
service
Certificate of Service Other
Thu 11/09 11:57 AM
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on Netanel Newberger on 11/09/17. Service was made by Mail. Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund). (Lucas-Strang, Amy) |
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Friday, November 03, 2017 | ||
14 | 14
2
pgs
order
Order for Initial Pretrial Conference
Fri 11/03 5:55 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/4/2017 at 05:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer; and as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/3/2017) (anc) |
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13 | 13
answer
Answer to Amended Complaint
Fri 11/03 10:49 AM
ANSWER to11 Amended Complaint,. Document filed by Propark America New York LLC.(Newberger, Netanel) |
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12 | 12
misc
Rule 7.1 Corporate Disclosure Statement
Fri 11/03 10:48 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Propark America New York LLC.(Newberger, Netanel) |
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Friday, October 20, 2017 | ||
11 | 11
cmp
Amended Complaint
Fri 10/20 12:58 PM
FIRST AMENDED COMPLAINT amending1 Complaint, against Propark America New York LLC.Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund). Related document:1 Complaint,.(Lucas-Strang, Amy) |
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Att: 1 Exhibit "A" Audit Report | ||
Thursday, October 05, 2017 | ||
10 | 10
order
Stipulation and Order ~Util - Set Deadlines
Thu 10/05 3:06 PM
STIPULATION OF ADJOURNMENT: IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel for all the parties herein, that Defendant's time to respond to the Complaint is extended through and until October 26, 2017. A facsimile or electronic copy of this Stipulation shall have the same force and effect as an original. This Stipulation may be executed in counterparts. SO ORDERED. (Propark America New York LLC answer due 10/26/2017.) (Signed by Judge Paul A. Engelmayer on 10/5/2017) (anc) |
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Tuesday, October 03, 2017 | ||
9 | 9
notice
Notice of Appearance
Tue 10/03 4:15 PM
NOTICE OF APPEARANCE by Netanel Newberger on behalf of Propark America New York LLC. (Newberger, Netanel) |
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8 | 8
motion
Extension of Time to File Answer
Tue 10/03 12:39 PM
CONSENT LETTER MOTION for Extension of Time to File Answer /Response to Complaint addressed to Judge Paul A. Engelmayer from Netanel Newberger dated 10/03/2017. Document filed by Propark America New York LLC.(Newberger, Netanel) |
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Att: 1 Exhibit Stipulation of Adjournment | ||
7 | 7
notice
Notice of Appearance
Tue 10/03 12:35 PM
NOTICE OF APPEARANCE by Netanel Newberger on behalf of Propark America New York LLC. (Newberger, Netanel) |
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Wednesday, August 23, 2017 | ||
6 | 6
notice
Notice of Appearance
Wed 08/23 2:39 PM
NOTICE OF APPEARANCE by Amy Elizabeth Lucas-Strang on behalf of Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund). (Lucas-Strang, Amy) |
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5 | 5
misc
Civil Cover Sheet
Wed 08/23 11:15 AM
CIVIL COVER SHEET filed. (Dubin, Jeffrey) |
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4 | 4
service
Summons Issued
Wed 08/23 10:48 AM
ELECTRONIC SUMMONS ISSUED as to Propark America New York LLC. (rch) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Wed 08/23 10:46 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey Stuart Dubin to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (rch) |
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notice
Case Opening Initial Assignment Notice
Wed 08/23 10:50 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Wed 08/23 10:51 AM
Magistrate Judge Gabriel W. Gorenstein 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:[LINK:http://nysd.uscourts.gov/forms.php] . (rch) |
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utility
Case Designated ECF
Wed 08/23 10:51 AM
Case Designated ECF. (rch) |
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Tuesday, August 22, 2017 | ||
3 | 3
service
Request for Issuance of Summons
Tue 08/22 5:05 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Propark America New York, LLC, re:1 Complaint,. Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund). (Dubin, Jeffrey) |
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2 | 2
misc
Civil Cover Sheet
Tue 08/22 5:03 PM
CIVIL COVER SHEET filed. (Dubin, Jeffrey) |
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1 | 1
cmp
Complaint
Tue 08/22 5:03 PM
COMPLAINT against Propark America New York LLC. (Filing Fee $ 400.00, Receipt Number 0208-14044342)Document filed by Fred Alston(as a Trustee of the Local 272 Labor Management Pension Fund), Fred Alston(as a Trustee of the Local 272 Welfare Fund).(Dubin, Jeffrey) |