Trustees of the Local 806 Structural Steel and Bridge Painters of Greater New York Employee Trust Funds v. American Venture Construction LLC

S.D. New York

Trustees of the Local 806 Structural Steel and Bridge Painters of Greater New York Employee Trust Funds v. American Venture Construction LLC

DecidedJune 16, 2022

Docket7:21-cv-01012

StatusUnknown

This text of Trustees of the Local 806 Structural Steel and Bridge Painters of Greater New York Employee Trust Funds v. American Venture Construction LLC (Trustees of the Local 806 Structural Steel and Bridge Painters of Greater New York Employee Trust Funds v. American Venture Construction LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Trustees of the Local 806 Structural Steel and Bridge Painters of Greater New York Employee Trust Funds v. American Venture Construction LLC, (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------X TRUSTEES OF THE LOCAL 806 STRUCTURAL STEEL AND BRIDGE PAINTERS OF GREATER NEW YORK EMPLOYEE TRUST FUNDS, et al., ORDER

Plaintiffs, No. 21-CV-01012 (PMH) v.

AMERICAN VENTURE CONSTRUCTION LLC, et al., Defendants. ---------------------------------------------------------X PHILIP M. HALPERN, United States District Judge: The two remaining defendants in this case, American Venture Construction LLC and American Tri-venture LLC, are debtors in ongoing bankruptcy proceedings. The claims in this case against those remaining defendants are therefore stayed pursuant to 11 U.S.C. § 362. On May 27, 2022, the Court issued an order providing that this case would be administratively closed without prejudice to reopen within thirty days of the conclusion of the bankruptcy proceeding unless, by June 3, 2022, the parties filed a letter explaining why this stayed case should remain open and active in light of the settlement with the sole non-bankrupt defendant. The parties have not filed any letter or otherwise communicated with the Court to date. Accordingly, it is hereby ORDERED that the Clerk of Court shall administratively close this case, without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the bankruptcy proceeding or other vacatur of the automatic stay.1

1 See Bernardino v. Barnes & Noble Booksellers, Inc., 763 F. App’x 101, 103 (2d Cir. 2019) (there is “no jurisdictional significance to [a] docket entry marking [a] case as ‘closed,’ which . . . was made for administrative or statistical convenience.”); Abreu v. Thomas, No. 17-CV-01312, 2019 WL 11157245, at *1 (N.D.N.Y. July 19, 2019) (“Administrative closure is a docket management device which allows the removal of cases from the court’s docket in appropriate situations . . . The effect of an administrative closure is the same as a stay” (internal citations and quotation marks omitted)). All conferences or other scheduled court appearances are cancelled.

SO ORDERED. Dated: White Plains, New York June 16, 2022 Philip M. Halpern United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------X TRUSTEES OF THE LOCAL 806 STRUCTURAL STEEL AND BRIDGE PAINTERS OF GREATER NEW YORK EMPLOYEE TRUST FUNDS, et al., ORDER

Plaintiffs, No. 21-CV-01012 (PMH) v.

AMERICAN VENTURE CONSTRUCTION LLC, et al., Defendants. ---------------------------------------------------------X PHILIP M. HALPERN, United States District Judge: The two remaining defendants in this case, American Venture Construction LLC and American Tri-venture LLC, are debtors in ongoing bankruptcy proceedings. The claims in this case against those remaining defendants are therefore stayed pursuant to 11 U.S.C. § 362. On May 27, 2022, the Court issued an order providing that this case would be administratively closed without prejudice to reopen within thirty days of the conclusion of the bankruptcy proceeding unless, by June 3, 2022, the parties filed a letter explaining why this stayed case should remain open and active in light of the settlement with the sole non-bankrupt defendant. The parties have not filed any letter or otherwise communicated with the Court to date. Accordingly, it is hereby ORDERED that the Clerk of Court shall administratively close this case, without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the bankruptcy proceeding or other vacatur of the automatic stay.1

1 See Bernardino v. Barnes & Noble Booksellers, Inc., 763 F. App’x 101, 103 (2d Cir. 2019) (there is “no jurisdictional significance to [a] docket entry marking [a] case as ‘closed,’ which . . . was made for administrative or statistical convenience.”); Abreu v. Thomas, No. 17-CV-01312, 2019 WL 11157245, at *1 (N.D.N.Y. July 19, 2019) (“Administrative closure is a docket management device which allows the removal of cases from the court’s docket in appropriate situations . . . The effect of an administrative closure is the same as a stay” (internal citations and quotation marks omitted)). All conferences or other scheduled court appearances are cancelled.

SO ORDERED. Dated: White Plains, New York June 16, 2022 Philip M. Halpern United States District Judge

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