American Stevedoring, Inc. v. International Longshoreman's Association et al
| American Stevedoring, Inc. |
| International Longshoreman's Association, AFL-CIO, Harold J. Daggett, Stephen Knott, Louis Pernice, NYSA-ILA Pension Fund, Joseph Curto, Port Police and Guards Union, John T. Oates, Paul Punturieri, NYSA-PPGU Pension Fund, Michael Farrino and Joseph Pollio |
| 1:2013cv00918 |
| February 7, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G. Gardephe |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing
88
OPINION AND ORDER re: 75 MOTION to Dismiss filed by Port Police and Guards Union, John T. Oates, 78 MOTION to Dismiss the First Amended Complaint filed by AFL-CIO, Stephen Knott, Louis Pernice, International Longshorema n's Association, Harold J. Daggett, Joseph Pollio, 67 MOTION to Dismiss Amended Complaint filed by NYSA-PPGU Pension Fund, John T. Oates, 64 MOTION to Dismiss Amended Complaint filed by Joseph Curto, Stephen Knott , NYSA-ILA Pension Fund, Louis Pernice, Harold J. Daggett: that the Court DENIES the ILA and PPGU Defendants' motions to dismiss without prejudice to refiling and grants leave to Stevedoring to file the Proposed Complaint on the docket as the Second Amended Complaint. Stevedoring should file the Second Amended Complaint by July 31, 2014. It is the Court's expectation that part or all of Defendants' current briefing can be salvaged for subsequent motion prac tice. In addition, the Court GRANTS the motions to dismiss of the NYSA-ILA Pension Fund, the NYSA-PPGU Pension Fund, Joseph Curto, and Joseph Pollio. The Clerk of Court is respectfully directed to terminate these Defendants as parties to this action. The remaining parties are hereby ORDERED to appear for a conference on August 20, 2014, at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, to discuss Defendants' arguments re garding arbitrability and dismissal and the best approach to briefing those applications. Any deadlines to answer specified by Rules 12 or 15 of the Federal Rules of Civil Procedure are stayed pending further order of the Court. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 64, 67, 75, and 78. (Amended Pleadings due by 7/31/2014.) (Status Conference set for 8/20/2014 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/18/2014) (tn)
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