Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Best Falcon Construction Inc.
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:18-cv-02997 |
| Nature of Suit | 720 Labor - Labor/Management Relations |
| Cause | 29:185 Labor/Mgt. Relations (Contracts) |
| Case Filed: | Apr 05, 2018 |
| Terminated: | Nov 28, 2018 |
| Last checked: Tuesday Oct 02, 2018 5:03 AM EDT |
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Petitioner
New York City District Council of Carpenters
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Represented By
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Petitioner
The New York City and Vicinity Carpenters Labor-Management Corporation
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Represented By
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Petitioner
Trustees Of The New York City Carpenters Relief and Charity Fund
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Represented By
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Petitioner
Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund
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Represented By
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Respondent
Best Falcon Construction Inc.
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| Docket last updated: 5 hours ago |
| Wednesday, November 28, 2018 | ||
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order
Judgment - Clerk
Wed 11/28 12:36 PM
CLERK'S JUDGMENT re:17 Memorandum & Opinion in favor of Best Falcon Construction Inc., The New York City and Vicinity Carpenters Labor-Management Corporation, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund against New York City District Council of Carpenters in the amount of $683,281.34. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 27, 2018, Petitioners' motion for summary judgment to confirm the Award is GRANTED and judgment is entered for Petitioners and against Respondent in the amount of $683,28 I.34, which consists of the arbitration award of $679,875.88 plus $3,405.46 in attorneys' fees and costs. Post-judgment interest will accrue at the statutory rate pursuant to 28 U.S.C. § 1961; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/28/2018)(km) |
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Att: 1
Right to Appeal
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| Tuesday, November 27, 2018 | ||
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order
Memorandum & Opinion
Wed 11/28 10:34 AM
OPINION AND ORDER re:10 MOTION for Summary Judgment against Best Falcon Construction Inc filed by New York City District Council of Carpenters, Trustees Of The New York City Carpenters Relief and Charity Fund, 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 and Vicinity Carpenters Labor-Management Corporation. For the reasons set forth above, Petitioners' motion for summary judgment to confirm the Award is GRANTED. The Clerk of Court shall enter judgment for Petitioners and against Respondent in the amount of $683,281.34, which consists of the arbitration award of $679,875.88 plus $3,405.46 in attorneys' fees and costs. Post-judgment interest will accrue at the statutory rate pursuant to 28 U.S.C. § 1961. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 11/27/2018) (mro) |
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| Thursday, September 13, 2018 | ||
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order
Order to Show Cause
Thu 09/13 1:26 PM
ORDER. Respondent has neither filed its opposition papers nor appeared in this matter. The Court will give Respondent one final opportunity to appear in this matter and to show cause in writing, on or before September 28, 2018, why it has failed to abide by the briefing schedule set by this Court. If Respondent does not do as directed, the Court will consider the pending motion unopposed. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/13/2018) (rjm) |
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| Friday, July 06, 2018 | ||
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service
Affidavit of Service Other
Fri 07/06 4:29 PM
AFFIDAVIT OF SERVICE of notice of motion for summary judgment, declaration of Christopher Ozard in support, declaration of Todd Dickerson in support, Petitioners' Rule 56.1 statement, and the memorandum of law in support served on Best Falcon Construction Inc. on July 6, 2018. Service was made by first class and certified mail. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
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respm
Memorandum of Law in Support of Motion
Fri 07/06 1:18 PM
MEMORANDUM OF LAW in Support re:10 MOTION for Summary Judgment against Best Falcon Construction Inc . . Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
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misc
Rule 56.1 Statement
Fri 07/06 1:18 PM
RULE 56.1 STATEMENT. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
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respm
Declaration in Support of Motion
Fri 07/06 1:17 PM
DECLARATION of Todd Dickerson in Support re:10 MOTION for Summary Judgment against Best Falcon Construction Inc .. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund.(Dickerson, Todd) |
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Att: 1
Exhibit G,
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Att: 2
Exhibit H
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respm
Declaration in Support of Motion
Fri 07/06 1:16 PM
DECLARATION of Christopher Ozard in Support re:10 MOTION for Summary Judgment against Best Falcon Construction Inc .. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund.(Dickerson, Todd) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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motion
Summary Judgment
Fri 07/06 1:15 PM
MOTION for Summary Judgment against Best Falcon Construction Inc . Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. Responses due by 8/3/2018(Dickerson, Todd) |
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| Wednesday, June 13, 2018 | ||
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order
Memo Endorsement ~Util - Set Deadlines
Wed 06/13 11:49 AM
MEMO ENDORSEMENT on re:8 Letter,, filed by New York City District Council of Carpenters, Trustees Of The New York City Carpenters Relief and Charity Fund, 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 and Vicinity Carpenters Labor-Management Corporation. ENDORSEMENT: Application DENIED. Insofar as the Petition to Confirm an Arbitration Award, filed on April 5, 2018 (Dkt. #1), does not conform to Local Rule 56.1, the Court will not review the Petition as a motion to confirm the arbitration award. Instead, Petitioners are directed to file a motion, in accordance with Local Rule 56.1, on or before July 6, 2018. Should Respondent appear in this action, its opposition brief is due August 3, 2018. Respondents' reply brief, if any, shall be due August 10, 2018. (Motions due by 7/6/2018. Responses due by 8/3/2018. Replies due by 8/10/2018.) (Signed by Judge Katherine Polk Failla on 6/13/2018) (ne) |
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| Friday, June 08, 2018 | ||
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misc
Letter
Fri 06/08 1:16 PM
LETTER addressed to Judge Katherine Polk Failla from Todd Dickerson dated June 8, 2018 re: deeming Petition as an unopposed motion for summary judgment. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund.(Dickerson, Todd) |
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| Wednesday, April 25, 2018 | ||
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service
Summons Returned Executed
Wed 04/25 4:00 PM
SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, served. Best Falcon Construction Inc. served on 4/9/2018, answer due 4/30/2018. Service was accepted by Sue Zouky, an authorized person in the Corporation Division of the New York Secretary 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 ; 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) |
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| Monday, April 09, 2018 | ||
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service
Summons Issued
Mon 04/09 8:51 AM
ELECTRONIC SUMMONS ISSUED as to Best Falcon Construction Inc.. (pne) |
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| Friday, April 06, 2018 | ||
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notice
Case Opening Initial Assignment Notice
Fri 04/06 11:50 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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] . (pne) |
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utility
Case Designation
Fri 04/06 11:51 AM
Magistrate Judge Sarah Netburn 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] . (pne) |
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utility
Case Designated ECF
Fri 04/06 11:51 AM
Case Designated ECF. (pne) |
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| Thursday, April 05, 2018 | ||
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respoth
Memorandum of Law in Support (non-motion)
Thu 04/05 11:15 AM
MEMORANDUM OF LAW in Support re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, . Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
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misc
Rule 7.1 Corporate Disclosure Statement
Thu 04/05 11:14 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund.(Dickerson, Todd) |
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service
Request for Issuance of Summons
Thu 04/05 11:14 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Best Falcon Construction Inc., re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by 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, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund. (Dickerson, Todd) |
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misc
Civil Cover Sheet
Thu 04/05 11:13 AM
CIVIL COVER SHEET filed. (Dickerson, Todd) |
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cmp
Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration
Thu 04/05 11:13 AM
PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number 0208-14902846).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, 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) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H
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