Trustees Of The New York City District Council Of Carpenters Pension Fund v…
Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Petta Contracting Inc.
- Analisa Torres
- 1:22-cv-07268
- U.S. District Court · Southern District of New York
- 2
In Trustees v. Petta Contracting, Judge Torres granted Petitioners six weeks to properly serve Respondent and moved related deadlines.
The Petitioners and Petta Contracting Inc.; the order extended the deadlines for service and related filings.
What happened
In Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Petta Contracting Inc., Petitioners asked for more time to serve the Respondent with the petition and the Court’s order.
Petitioners said their process server tried three times to serve Respondent personally at the last known residence of its owner. The process server then used “nail-and-mail” service, but Petitioners acknowledged that this method cannot be used to serve a corporation and that the resulting service was invalid.
Judge Analisa Torres granted the request for a six-week extension. The order moved the service deadline to October 25, 2022, the proof-of-service and Petitioners’ filing deadlines to November 1, 2022, and the response and reply deadlines to November 15 and November 29, 2022.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:22-cv-07268
- Analisa Torres
- Sept. 14, 2022
Background
Petitioners’ counsel informed the Court that the Court’s August 29, 2022 order required personal service of the pleadings on Respondent, described in the letter as a New York corporation. The August 29 order also set deadlines for proof of service, Petitioners’ filing of a statement under Federal Rule of Civil Procedure 56.1 and supporting documents, Respondent’s opposition, and Petitioners’ reply.
Service Problem
Petitioners arranged for service on September 1, 2022. According to the process server’s affidavit, the process server made three unsuccessful attempts to serve Respondent personally at the last known residence of the corporate Respondent’s owner. The process server then used “nail-and-mail” service under New York Civil Practice Law and Rules § 308(4). That service was completed on September 12, 2022.
Petitioners received the affidavit on September 13, 2022 and acknowledged that New York case law does not permit a corporation to be served through “nail-and-mail” service. Petitioners therefore stated that the affidavit of service was invalid and requested six additional weeks to complete personal service. They also requested corresponding extensions of the deadlines in the August 29 order so that Respondent would be served before the period to oppose confirmation of the arbitration award began.
Ruling
The Court granted Petitioners’ request. The deadline to personally serve Respondent moved from September 12 to October 25,
- The deadlines for Petitioners to file proof of personal service and their Rule 56.1 statement and supporting documents moved to November 1,
- Respondent’s opposition deadline was November 15, 2022, and Petitioners’ reply deadline was November 29,
- Judge Analisa Torres entered the order on September 14, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.