Pension, Hospitalization & Benefit Plan of the Electrical Industry v. ConvergeOne Dedicated Services, LLC
| New York Southern District Court | |
| Judge: | John G Koeltl |
| Case #: | 1:23-cv-08938 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1401(b)(2) E.R.I.S.A.: Resolution of Disputes - Appeal of Arbitration Award |
| Case Filed: | Oct 11, 2023 |
| Terminated: | Apr 17, 2024 |
| Last checked: Monday Apr 08, 2024 4:37 AM EDT |
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Counter Claimant
ConvergeOne Dedicated Services, LLC
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Represented By
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Counter Defendant
Pension, Hospitalization & Benefit Plan of the Electrical Industry
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Represented By
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Defendant
ConvergeOne Dedicated Services, LLC
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Represented By
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Plaintiff
Pension, Hospitalization & Benefit Plan of the Electrical Industry
158-11 Harry Van Arsdale Jr. Avenue
Flushing, NY 11365 |
Represented By
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| Docket last updated: 05/09/2025 11:59 PM EDT |
| Wednesday, April 17, 2024 | ||
| 34 | 34
order
Judgment - Clerk
Wed 04/17 9:57 AM
CLERK'S JUDGMENT re:33 Memorandum & Opinion in favor of ConvergeOne Dedicated Services, LLC against Pension, Hospitalization & Benefit Plan of the Electrical Industry. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated April 16, 2024, ConvergeOne's motion for a judgment on the pleadings confirming the arbitration award, ECF No. 22, is granted and the cross motion by the Pension Plan to vacate the arbitrator's decision, ECF No. 24, is denied. (Signed by Judge John G. Koeltl on 4/17/2024) (tp) |
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Att: 1
Appeal Package
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| Tuesday, April 16, 2024 | ||
| 33 | 33
15
pgs
order
Memorandum & Opinion
Wed 04/17 9:31 AM
MEMORANDUM OPINION AND ORDER re:22 MOTION for Judgment on the Pleadings . filed by ConvergeOne Dedicated Services, LLC,24 MOTION for Judgment on the Pleadings . filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry. The Court has considered all the arguments of the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, ConvergeOne's motion for a judgment on the pleadings confirming the arbitration award, ECF No. 22, is granted and the cross motion by the Penson Plan to vacate the arbitrator's decision, ECF No. 24, is denied. The Clerk is directed to enter judgment confirming the arbitrator's award. The Clerk is also directed to close all open motions in this case. SO ORDERED. (Signed by Judge John G. Koeltl on 4/16/2024) (tg) |
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| Tuesday, March 26, 2024 | ||
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minutes
Telephone Conference
Wed 03/27 12:17 PM
Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 3/26/2024. (Fletcher, Donnie) |
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| Wednesday, March 13, 2024 | ||
| 32 | 32
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pgs
order
Order ~Util - Set Hearings
Wed 03/13 3:21 PM
ORDER: The parties are directed to appear for a telephone conference on March 26, 2024, at 2:30 p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED. ( Telephone Conference set for 3/26/2024 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/13/2024) (tg) |
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| Monday, January 22, 2024 | ||
| 31 | 31
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pgs
order
Order
Mon 01/22 12:56 PM
ORDER The defendant is directed to provide the Court with paper courtesy copies of all papers filed in connection with the fully briefed motion for judgment on the pleadings. ECF No. 22. SO ORDERED. (Signed by Judge John G. Koeltl on 1/22/2024) (jca) |
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| Friday, January 19, 2024 | ||
| 30 | 30
respm
Reply Memorandum of Law in Support of Motion
Fri 01/19 9:36 PM
REPLY MEMORANDUM OF LAW in Support re:24 MOTION for Judgment on the Pleadings . . Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| Thursday, January 04, 2024 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 01/04 1:11 PM
ORDER granting28 Letter Motion for Extension of Time to File Response/Reply re28 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to19 Order on Motion to Adjourn Conference,24 MOTION for Judgment on the Pleadings . Request for a two-week extension of time to file Plaintiff's reply. APPLICATION GRANTED SO ORDERED. Replies due by 1/19/2024.. (Signed by Judge John G. Koeltl on 1/4/2024) (jca) |
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| Wednesday, January 03, 2024 | ||
| 28 | 28
motion
Extension of Time to File Response/Reply
Wed 01/03 4:26 PM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to19 Order on Motion to Adjourn Conference,24 MOTION for Judgment on the Pleadings . Request for a two-week extension of time to file Plaintiff's reply to its cross-motion for judgment on the pleadings addressed to Judge John G. Koeltl from James E. Murphy, Esq. dated January 3, 2024. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| Friday, December 22, 2023 | ||
| 27 | 27
respm
Response in Opposition to Motion
Fri 12/22 12:52 PM
RESPONSE in Opposition to Motion re:24 MOTION for Judgment on the Pleadings . . Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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| Monday, December 04, 2023 | ||
| 26 | 26
respm
Memorandum of Law in Support of Motion
Mon 12/04 11:43 PM
MEMORANDUM OF LAW in Support re:24 MOTION for Judgment on the Pleadings . and in opposition to Defendants' motion . Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| 25 | 25
respm
Declaration in Support of Motion
Mon 12/04 11:41 PM
DECLARATION of James Emmet Murphy in Support re:24 MOTION for Judgment on the Pleadings .. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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Att: 1
Exhibit A - Embassy Industries Decision,
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Att: 2
Exhibit B - Sotheby's Decision,
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Att: 3
Exhibit C - Structure Tone Decision,
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Att: 4
Exhibit D - RAB Lighting Decision,
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Att: 5
Exhibit E - Widoff's Modern Bakery Decision,
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Att: 6
Exhibit F - PBGC Amicus Brief,
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Att: 7
Exhibit G - Proposed 29 C.F.R. § 4213
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| 24 | 24
motion
Judgment on the Pleadings
Mon 12/04 11:29 PM
MOTION for Judgment on the Pleadings . Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| Monday, November 13, 2023 | ||
| 23 | 23
respm
Memorandum of Law in Support of Motion
Mon 11/13 4:44 PM
MEMORANDUM OF LAW in Support re:22 MOTION for Judgment on the Pleadings . . Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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| 22 | 22
motion
Judgment on the Pleadings
Mon 11/13 4:42 PM
MOTION for Judgment on the Pleadings . Document filed by ConvergeOne Dedicated Services, LLC. Responses due by 12/4/2023.(Roth, Jacob) |
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| 21 | 21
misc
Rule 7.1 Corporate Disclosure Statement
Mon 11/13 4:25 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| 20 | 20
answer
Answer to Counterclaim
Mon 11/13 4:22 PM
ANSWER to13 Counterclaim. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| Friday, November 03, 2023 | ||
| 19 | 19
3
pgs
order
Order on Motion to Adjourn Conference
Fri 11/03 4:25 PM
ORDER: granting17 Letter Motion to Adjourn Conference. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 11/03/2023) (ama) |
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| 18 | 18
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pgs
order
Order on Motion to Appear Pro Hac Vice
Fri 11/03 4:23 PM
ORDER FOR ADMISSION PRO HAC VICE: granting16 Motion for David J. Feder to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 11/03/2023) (ama) |
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utility
Set/Reset Deadlines
Fri 11/03 4:28 PM
Set/Reset Deadlines: Cross Motions due by 12/4/2023. Motions due by 11/13/2023. Responses due by 12/22/2023 Replies due by 1/5/2024. (ama) |
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| Thursday, November 02, 2023 | ||
| 17 | 17
motion
Adjourn Conference
Thu 11/02 5:08 PM
LETTER MOTION to Adjourn Conference and Enter Proposed Briefing Schedule addressed to Judge John G. Koeltl from Yaakov M. Roth dated November 2, 2023. Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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| 16 | 16
motion
Appear Pro Hac Vice
Thu 11/02 11:42 AM
MOTION for David J. Feder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28514279. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ConvergeOne Dedicated Services, LLC..(Feder, David) |
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Att: 1
Proposed Order Proposed Order on Pro Hac Vice Motion,
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Att: 2
Affidavit Local Rule 1.3 Affidavit,
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Att: 3
Exhibit California State Bar Certificate of Good Standing,
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Att: 4
Exhibit California Supreme Court Certificate of Good Standing,
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Att: 5
Exhibit Washington, D.C. Bar Certificate of Good Standing
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misc
Notice Regarding Pro Hac Vice Motion
Thu 11/02 2:36 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for David J. Feder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28514279. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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| Wednesday, October 25, 2023 | ||
| 15 | 15
misc
Rule 7.1 Corporate Disclosure Statement
Wed 10/25 10:40 AM
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ConvergeOne Holdings, Inc., Corporate Parent CVC Capital Partners Fund for ConvergeOne Dedicated Services, LLC, ConvergeOne Dedicated Services, LLC. Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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| Tuesday, October 24, 2023 | ||
| 14 | 14
order
Order
Tue 10/24 3:06 PM
ORDER: The parties are directed to file a Rule 26(f) report by November 8, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 10/24/2023) (ks) |
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| Monday, October 23, 2023 | ||
| 13 | 13
answer
Answer to Complaint Counterclaim
Mon 10/23 4:41 PM
ANSWER to1 Complaint,., COUNTERCLAIM against Pension, Hospitalization & Benefit Plan of the Electrical Industry. Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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| 12 | 12
misc
Rule 7.1 Corporate Disclosure Statement
Mon 10/23 4:37 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ConvergeOne Systems Integration, Inc., Corporate Parent ConvergeOne, Inc. for ConvergeOne Dedicated Services, LLC. Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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| Friday, October 20, 2023 | ||
| 11 | 11
order
Order on Motion to Appear Pro Hac Vice
Fri 10/20 3:16 PM
ORDER FOR ADMISSION PRO HAC VICE granting10 Motion for Jacob ("Yaakov") M. Roth to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/20/2023) (ks) |
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| Thursday, October 19, 2023 | ||
| 10 | 10
motion
Appear Pro Hac Vice
Thu 10/19 2:56 PM
MOTION for Jacob ("Yaakov") M. Roth to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) |
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Att: 1
Affidavit Local Rule 1.3 Affidavit,
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Att: 2
Proposed Order Proposed Order,
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Att: 3
Exhibit Washington D.C. Certificate of Good Standing
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| 9 | 9
motion
Appear Pro Hac Vice
Thu 10/19 10:38 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jacob ("Yaakov") M. Roth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28447542. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ConvergeOne Dedicated Services, LLC..(Roth, Jacob) Modified on 10/19/2023 (sgz) |
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Att: 1
Proposed Order Proposed Order on Pro Hac Vice Motion,
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Att: 2
Exhibit Certificate of Good Standing
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Thu 10/19 11:52 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 9 MOTION for Jacob ("Yaakov") M. Roth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28447542. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Notarized Affidavit;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 10/19 4:54 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Jacob ("Yaakov") M. Roth to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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| Wednesday, October 18, 2023 | ||
| 8 | 8
service
Certificate of Service Other
Wed 10/18 2:14 PM
CERTIFICATE OF SERVICE of Minute Entry issued by Judge Koeltl on October 17, 2023 served on counsel for Defendant, ConvergeOne Dedicated Services, LLC on October 18, 2023. Service was made by Mail. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| 7 | 7
service
Waiver of Service Executed
Wed 10/18 1:43 PM
WAIVER OF SERVICE RETURNED EXECUTED. ConvergeOne Dedicated Services, LLC waiver sent on 10/13/2023, answer due 12/12/2023. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| Tuesday, October 17, 2023 | ||
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minutes
~Util - Set Hearings
Tue 10/17 2:14 PM
Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 12/19/2023 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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| Thursday, October 12, 2023 | ||
| 6 | 6
service
Summons Issued
Thu 10/12 11:41 AM
ELECTRONIC SUMMONS ISSUED as to ConvergeOne Dedicated Services, LLC. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 10/12 11:34 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Emmet Murphy. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (vf) |
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notice
Case Opening Initial Assignment Notice
Thu 10/12 11:36 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Thu 10/12 11:37 AM
Magistrate Judge Jennifer Willis 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Thu 10/12 11:37 AM
Case Designated ECF. (vf) |
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| Wednesday, October 11, 2023 | ||
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notice
Notice of Appearance
Wed 10/11 4:28 PM
NOTICE OF APPEARANCE by Charles R. Virginia on behalf of Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Virginia, Charles) |
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| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Wed 10/11 4:26 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 10/11 4:25 PM
REQUEST FOR ISSUANCE OF SUMMONS as to ConvergeOne Dedicated Services, LLC, re:1 Complaint,. Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 10/11 4:23 PM
CIVIL COVER SHEET filed..(Murphy, James) |
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| 1 | 1
cmp
Complaint
Wed 10/11 4:20 PM
COMPLAINT against ConvergeOne Dedicated Services, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28411177)Document filed by Pension, Hospitalization & Benefit Plan of the Electrical Industry..(Murphy, James) |
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Att: 1
Exhibit A - Arbitration Award
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