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Sheet Metal Workers' National Pension Fund et al v. Vardaris Tech Inc. et al, No. 1:13-cv-05286 (E.D.N.Y.)
Case Title: Sheet Metal Workers' National Pension Fund et al v. Vardaris Tech Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Eastern District of New York
Index Number(s): 1:2013cv5286, 1:13-cv-05286, 1:13-cv-05286-ARR-RML
Nature of Suit: 791 Labor: E.R.I.S.A.
Judge: Allyne R. Ross
Magistrate Judge: Robert M. Levy
Case Opened: September 24, 2013
Case Closed September 8, 2016
Docket Entries
Date Filed Dkt # Entry Text
Sep 24, 2013 FILING FEE: $ 400, receipt number 4653064428 (Davis, Kimberly)
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Sep 24, 2013 1 COMPLAINT against Elias Rizos, Vardaris Tech Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/26/2013)
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Civil Cover Sheet
Sep 24, 2013 2 Summons Issued as to Elias Rizos, Vardaris Tech Inc.. (Davis, Kimberly) (Entered: 09/26/2013)
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Sep 26, 2013 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 09/26/2013)
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Oct 1, 2013 4 ORDER: An initial conference in the above-captioned case has been scheduled for January 29, 2014 at 2:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs' counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 10/1/2013. (Marino, Janine) (Entered: 10/01/2013)
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Oct 9, 2013 5 NOTICE of Appearance by Amy E. Lucas-Strang on behalf of International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (aty to be noticed) (Lucas-Strang, Amy) (Entered: 10/09/2013)
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Oct 28, 2013 6 SUMMONS Returned Executed by Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust. Vardaris Tech Inc. served on 10/15/2013, answer due 11/5/2013. (Dubin, Jeffrey) (Entered: 10/28/2013)
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Oct 28, 2013 7 SUMMONS Returned Executed by Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust. Elias Rizos served on 10/10/2013, answer due 10/31/2013. (Dubin, Jeffrey) (Entered: 10/28/2013)
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Dec 13, 2013 8 Request for Certificate of Default by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Attachments: # 1 Clerk's Certificate, # 2 AES. Declaration, # 3 Declaration of Service) (Lucas-Strang, Amy) (Entered: 12/13/2013)
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Dec 13, 2013 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Elias Rizos, Vardaris Tech Inc. has failed to appear or otherwise defend this action, the default of Defendants Elias Rizos, Vardaris Tech Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) (Entered: 12/13/2013)
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Dec 16, 2013 10 Letter requesting a conference to consider the submission of a default judgment by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Lucas-Strang, Amy) (Entered: 12/16/2013)
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Dec 17, 2013 NOTICE re 10 Letter. The Court does not require parties to request a pre-motion conference prior to the filing of a motion for default judgment. (Rubin-Wills, Jessica)
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Dec 26, 2013 11 ANSWER to Complaint, COUNTERCLAIM against All Plaintiffs by All Defendants. (Mammis, Peter) (Entered: 12/26/2013)
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Jan 24, 2014 12 Letter to Magistrate Judge Levy by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Lucas-Strang, Amy) Modified on 1/28/2014 (Levy, Robert). (Entered: 01/24/2014)
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Jan 28, 2014 ORDER granting 12 Motion to Adjourn 1/29/14 Conference. Plaintiffs shall file a motion for a default judgment within 30 days. Ordered by Magistrate Judge Robert M. Levy on 1/28/2014. (Levy, Robert)
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Jan 28, 2014 13 Letter to defendants re: motion for default judgment by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Lucas-Strang, Amy) (Entered: 01/28/2014)
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Feb 20, 2014 14 Letter to Judge Ross by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Lucas-Strang, Amy) (Entered: 02/20/2014)
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Feb 20, 2014 15 Notice of MOTION for Default Judgment against Vardaris Tech, Inc., and Elias Rizos, as an individual by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 proposed Default Judgment, # 2 Memo of Law, # 3 JSD Declaration, # 4 Exhibit "A" - Clerk's Certificate, # 5 Shaw Declaration, # 6 Exhibit "A" - CBA '09-'11, # 7 Exhibit "B" - CBA '11-"14, # 8 Exhibit "C" - Rate Sheets, # 9 Exhibit "D" - Schedule Past Contributions, # 10 Exhibit "E" - Summary Past Contributions, # 11 Exhibit "F" - General Info, # 12 Exhibit "G" - Final Summary, # 13 Exhibit "H" - Pension Trust Agreement, # 14 Exhibit "I" - SASMI Trust Agreement, # 15 Exhibit "J" - ITI Trust Agreement, # 16 Exhibit "K" - SMOHIT Trust Agreement, # 17 Exhibit "L" - NEMIC Trust Agreement, # 18 Declaration of Service) (Lucas-Strang, Amy) (Entered: 02/20/2014)
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proposed Default Judgment
Memo of Law
JSD Declaration
Exhibit "A" - Clerk's Certificate
Shaw Declaration
Exhibit "A" - CBA '09-'11
Exhibit "B" - CBA '11-"14
Exhibit "C" - Rate Sheets
Exhibit "D" - Schedule Past Contributions
Exhibit "E" - Summary Past Contributions
Exhibit "F" - General Info
Exhibit "G" - Final Summary
Exhibit "H" - Pension Trust Agreement
Exhibit "I" - SASMI Trust Agreement
Exhibit "J" - ITI Trust Agreement
Exhibit "K" - SMOHIT Trust Agreement
Exhibit "L" - NEMIC Trust Agreement
Declaration of Service
Feb 21, 2014 16 ORDER OF REFERRAL TO MAGISTRATE JUDGE LEVY: Plaintiff's 15 motion for entry of default judgment against defendant Sheet Metal Workers National Pension Fund, et al., is respectfully referred to Magistrate Judge Levy to conduct a damages inquest and issue a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). SO ORDERED by Judge Allyne R. Ross, on 2/21/2014. C/mailed by Chambers w/Attachments: # 1 Appendix. (Latka-Mucha, Wieslawa) (Entered: 02/24/2014)
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Appendix
Feb 25, 2014 17 CORRECTED ORDER OF REFERRAL TO MAGISTRATE JUDGE LEVY: Plaintiff's motion for entry of default judgment against defendants Vardaris Tech, Inc. and Elias Rizos as an individual, is respectfully referred to Magistrate Judge Levy to conduct a damages inquest and issue a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). SO ORDERED by Judge Allyne R. Ross, on 2/25/2014. C/mailed by Chambers. (Latka-Mucha, Wieslawa) (Entered: 02/25/2014)
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