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Default Judgment Denied to 32BJ Too Much Focus On Legal Fees Not Need For Stay

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Nov 12 – 32BJ union sued Emerald Green Building Services, LLC for failure to pay into its ERISA fund and sought a default judgment.  

 On November 12 U.S. District Court for the Southern District of New York Judge Mary Kay Vyskocil held a proceeding. Inner City Press covered it. 

  Judge Vyskocil as she often does looked closely at issues of service of process.

She denied the motion for default judgment on that basis, and also ordered that any renewed motion must explain why 32BJ believes it is entitled to injunctive relief (and not, she said, spend so much time and space on its entitlement to attorneys fees) and must address the assertion that the union agreed to waive Defendant's benefit fund payments pending resolution of an NLRB action.

The case is Building Service 32BJ Health Fund et al v. Emerald Green Building Services, LLC, 20-cv-6204 (Vyskocil) 


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