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Diorio v. Cardona and Sons, Incorporated, 15-CV-07558 (NSR). (2017)

Court: District Court, S.D. New York Number: infdco20171205c57 Visitors: 7
Filed: Dec. 04, 2017
Latest Update: Dec. 04, 2017
Summary: OPINION & ORDER NELSON S. ROMAN , District Judge . Plaintiffs, as Trustees and Fiduciaries of laborers', inter a/ia, pension, health care, and supplemental unemployment funds, commenced this action on or about September 24, 2015 asserting claims under the Employee Retirement Income Security Act of 1974. (See ECF No. 1.) Following Defendants' failure to appear and answer in the action, Plaintiffs obtained a default judgment against them on October 6, 2016. ( See ECF No. 26.) On March 1
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OPINION & ORDER

Plaintiffs, as Trustees and Fiduciaries of laborers', inter a/ia, pension, health care, and supplemental unemployment funds, commenced this action on or about September 24, 2015 asserting claims under the Employee Retirement Income Security Act of 1974. (See ECF No. 1.) Following Defendants' failure to appear and answer in the action, Plaintiffs obtained a default judgment against them on October 6, 2016. (See ECF No. 26.) On March 17, 2016, Plaintiffs served each named Defendant with information subpoenas pursuant to N.Y. C.P.L.R. R. 5224, via personal service. (See Plaintiffs' Motion to Compel Compliance (ECF No. 29) ("Plfs. Mot.") Ex. B.) Within seven days of receipt of the information subpoenas, Defendants were required to respond. N.Y. C.P.L.R. R. 5224(a)(3). Despite proper service, Defendants failed to respond to the subpoenas. Plaintiffs now move for a comt order directing Defendants to comply with the subpoenas.

For good cause shown, Plaintiffs' Motion is GRANTED, without opposition, as follows:

ORDERED that Defendants, Cardona and Sons, Inc. and Steven Cardona, must respond to the information subpoenas, dated March 8, 2017, within twenty-one days of the entry of this Order. If Defendants fail to fully comply fully with this Comt's Order, Plaintiff may move, without leave of Court, for a contempt hearing to determine the appropriate sanctions to be levied for noncompliance, which may include imprisonment and/or fines in an amount to be determined by the Court.

The Clerk of the Comt is respectfully directed to terminate the motion at ECFNo. 29. This constitutes the Comt's Opinion and Order.

Source:  Leagle

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