Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. J. Careri Construction Co., LLC
Filing
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MEMORANDUM AND OPINION granting 12 Motion for Default Judgment. The matter is referred to Mag. Reyes for an inquest to determine damages and to make a report and recommendation with respect to his findings.Ordered by Judge Eric N. Vitaliano on 6/21/2015. (Piper, Francine)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF EMPIRE STATE
CARPENTERS ANNUITY,
APPRENTICESHIP, LABORMANAGEMENT COOPERATION,
PENSION and WELFARE FUNDS,
FILED
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.
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JUN 2 5 2015
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BROOKLYN OFFICE
MEMORANDUM & ORDER
14-CV-3325 (ENV)(RER)
Plaintiff,
-againstJ. CARERI CONSTRUCTION CO., LLC,
Defendant.
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VIT ALIANO, D.J.
On January 21, 2015, plaintiff Trustees of Empire State Carpenters
Annuity, Apprenticeship, Labor-management Cooperation, Pension and
Welfare Funds moved for default judgment against J. Careri Construction
Co., LLC. The action was commenced on May 29,2014 for damages arising
out of defendant's failure to comply with a collective bargaining agreement.
Defendant was served with the summons and complaint on July 16,
2014 by service on Joe Careri, the owner of J. Careri Construction. Defendant
has not responded to the complaint, and the deadline to do so has long
eJrpired.
The Clerk of Court entered a notation of default against defendant on
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August 26, 2014.
As originally filed, plaintiff's motion was incomplete in one respect: it
failed to include a memorandum of law, pursuant to Local Civil Rule
7.1(a)(2). However, plaintiff corrected this deficiency and renewed the motion
on June 18, 2015. Defendants have, at no time since January 21, 2015,
responded to this motion. Accordingly, plaintiff's motion for a default
judgment is granted and this matter is respectfully referred to Magistrate
Judge Ramon E. Reyes for an inquest to determine damages and to make a
report and recommendation with respect to his findings.
So Ordered.
Dated:
Brooklyn, New York
June 21,2015
s/Eric Vitaliano
ERIC N. VITALIANO
United States District Judge
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