Trustees of Laborers Union Local No. 1298 of Nassau and Suffolk Counties Benefit Funds v. United Fence & Guard Rail Corp.

Filing 13

REFERRAL ORDER re 12 Motion for Default Judgment. The Court hereby refers the Plaintiffs motion for a default judgement to United States Magistrate Judge Anne Y. Shields for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded. The Clerk of the Court is respectfully directed to note the referral. So Ordered by Judge Arthur D. Spatt on 1/22/2019. Motion 12 referred to Anne Y. Shields. (Coleman, Laurie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------X TRUSTEES OF LABOR UNION LOCAL NO. 1298 OF NASSAU AND SUFFOLK COUNTIES BENEFIT FUNDS, Plaintiffs, FILED  CLERK    9:54 am, Jan 22, 2019   U.S. DISTRICT COURT  EASTERN DISTRICT OF NEW YORK  LONG ISLAND OFFICE  REFERRAL ORDER 17-cv-4556 (ADS) (AYS) -againstUNITED FENCE & GUARD RAIL CORP., Defendant. ---------------------------------------------------------------X APPEARANCES: Barnes, Iaccarino & Shepherd, LLP Counsel for Plaintiffs Three Surrey Lane Hempstead, New York 11550 By: Danielle M. Carney, Esq. . NO APPEARANCES: Defendant SPATT, District Judge. On August 3, 2017, the Plaintiff commenced this action against the Defendant to recover damages under Sections 502 and 515 of the Employee Retirement Income Retirement Income Security Act of 1974, as amended (“ERISA”) and Section 301 of the Labor Management Relations Act of 1947. On January 16, 2018, the Clerk of the Court issued a Certificate of Default, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. On January 10, 2019, the Plaintiff moved for a default judgment against the Defendant. The Court hereby refers the Plaintiff’s motion for a default judgement to United States Magistrate Judge Anne Y. Shields for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded. The Clerk of the Court is respectfully directed to note the referral. SO ORDERED. Dated: Central Islip, New York January 22, 2019 ___/s/ Arthur D. Spatt_______ ARTHUR D. SPATT United States District Judge

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