Restrepo v. Tru-Val Electric Corporation

New York Eastern District Court
Judge:Brian M Cogan
Case #: 1:25-cv-00801
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Filed:Feb 12, 2025
Terminated:Feb 13, 2025
Last checked: Wednesday Feb 12, 2025 12:06 PM EST
Petitioner
Humberto Restrepo
Represented By
Adrianna R Grancio
Virginia & Ambinder, LLP
contact info
Respondent
Tru-Val Electric Corporation


Docket last updated: 02/20/2025 11:59 PM EST
Thursday, February 13, 2025
order ~Util - Terminate Civil Case Thu 02/13 11:55 AM
Civil Case Terminated as per voluntary dismissal. (RG)
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Wednesday, February 12, 2025
9 9 notice Notice of Voluntary Dismissal Wed 02/12 7:28 PM
NOTICE of Voluntary Dismissal by Humberto Restrepo (Grancio, Adrianna)
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8 8 order Scheduling Order Wed 02/12 4:10 PM
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 3/26/2025 at 10:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 2/12/2025. (PW)
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7 7 motion Stay Wed 02/12 3:22 PM
Letter MOTION to Stay the instant action pursuant to Section 362(a)(1) of the Bankruptcy Code. 11 U.S.C. § 362 by Humberto Restrepo. (Grancio, Adrianna)
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6 6 service Summons Issued Wed 02/12 2:57 PM
Summons Issued as to Tru-Val Electric Corporation. (KD)
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5 5 misc Quality Control Check - Attorney Case Opening Wed 02/12 1:31 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
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4 4 8 pgs respoth Memorandum in Support Wed 02/12 11:55 AM
MEMORANDUM in Support re1 Petition re: Arbitration Award, filed by Humberto Restrepo. (Grancio, Adrianna)
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3 3 misc Proposed Summons/Civil Cover Sheet Wed 02/12 11:54 AM
Proposed Summons. Re1 Petition re: Arbitration Award, by Humberto Restrepo (Grancio, Adrianna)
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2 2 misc Proposed Summons/Civil Cover Sheet Wed 02/12 11:54 AM
Civil Cover Sheet.. by Humberto Restrepo (Grancio, Adrianna)
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1 1 cmp Petition re: Arbitration Award Wed 02/12 11:53 AM
PETITION re: Arbitration Award , filed by Humberto Restrepo. (Grancio, Adrianna)
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Att: 1 Exhibit A - CBA,
Att: 2 Exhibit B - Collection Policy,
Att: 3 Exhibit C - Arbitration Procedures,
Att: 4 Exhibit D - Notice of Intent to Arbitrate and Statement of Claims,
Att: 5 Exhibit E - Memorandum of Law,
Att: 6 Exhibit F - Breakdown of Contributions,
Att: 7 Exhibit G - January 23, 2025 Award,
Att: 8 Exhibit H - History Bill for the Court
misc Civil Case Filing Fee Wed 02/12 11:53 AM
CIVIL CASE FILING FEE: $ 405, receipt number ANYEDC-18758428 (Grancio, Adrianna)
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utility Case Assigned/Reassigned Wed 02/12 1:20 PM
Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD)
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ORDER TO SHOW CAUSE re:7 . It is not a justification for filing a lawsuit in violation of the automatic stay that a creditor's statute of limitations is about to expire, as the Bankruptcy Code itself extends the statute of limitations in that situation as of the petition date (see 11 U.S.C. § 108(c). The proper procedure to have followed would have been to file a proof of claim or adversary proceeding in the bankruptcy court, not to start a fresh proceeding here post-bankruptcy filing. Plaintiff is therefore ORDERED TO SHOW CAUSE by 2/19/2025 why this action should not be dismissed as having been filed in violation of the automatic stay, 11 U.S.C. § 362(a). Ordered by Judge Brian M. Cogan on 2/12/2025. (PW) (Entered: 02/12/2025)
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order Order to Show Cause Wed 02/12 5:26 PM
ORDER TO SHOW CAUSE re:7 . It is not a justification for filing a lawsuit in violation of the automatic stay that a creditor's statute of limitations is about to expire, as the Bankruptcy Code itself extends the statute of limitations in that situation as of the petition date (see 11 U.S.C. § 108(c). The proper procedure to have followed would have been to file a proof of claim or adversary proceeding in the bankruptcy court, not to start a fresh proceeding here post-bankruptcy filing. Plaintiff is therefore ORDERED TO SHOW CAUSE by 2/19/2025 why this action should not be dismissed as having been filed in violation of the automatic stay, 11 U.S.C. § 362(a). Ordered by Judge Brian M. Cogan on 2/12/2025. (PW)
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