Rochester Laborers' Welfare-S.U.B. Fund, et al v. Structural Remediation Services, Inc. et al

Justia Dockets & Filings Second Circuit New York Western District Rochester Laborers' Welfare-S.U.B. Fund, et al v. Structural Remediation Services, Inc. et al

Rochester Laborers' Welfare-S.U.B. Fund, et al v. Structural Remediation Services, Inc. et al

Plaintiff:	Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary, Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman, and Daniel Hogan, as Secretary and Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager
Defendant:	Structural Remediation Services, Inc. and Mary Ellen Belding
Counter_claimant:	Structural Remediation Services, Inc. and Mary Ellen Belding
Counter_defendant:	Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager, Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman, and Daniel Hogan, as Secretary, Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary and Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary
Case Number:	6:2015cv06171
Filed:	March 26, 2015
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Marian W. Payson
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1132
Jury Demanded By:	None

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Date Filed	Document Text
January 26, 2018	Filing 113 DECISION & ORDER Appointing Jeffrey J. Harradine, Esq., of Ward Greenberg, LLP, 1800 Bausch & Lomb Place, Rochester, New York 14604, to faithfully and diligently represent defendants Mary Ellen Belding and Structural Remediation Services, LLC pro bono. The Court will also issue an Order directing PACER to waive its fees so that pro bono counsel can access any other documents filed in this case that he may need. If any portion of the file in this matter is not available through PACE R on the Court's Case Management/Electronic Case Management System, the Clerk of the Court shall provide a free copy of any such documents to pro bono counsel upon request. A status conference will be held on 2/15/2018 at 11:00 AM befo re the Hon. Marian W. Payson. At that time, a hearing shall be scheduled to determine whether the appointment of a guardian ad litem is appropriate to protect defendant Mary Ellen Beldings interests. (Attorney Jeffrey J. Harradine added for Mary Ellen Belding and Structural Remediation Services, Inc.) Signed by Hon. Marian W. Payson on 1/26/2018. Copy of this Decision & Order sent by First Class Mail to defendants Mary Ellen Belding, 1467 Fallen Leaf Terrace, Webster, NY 14580 and Structural Remediation Services, Inc., 1115 East Main Street, Rochester, NY 14609 on 1/26/2018. (KAH) -CLERK TO FOLLOW UP-
November 16, 2017	Filing 107 DECISION & ORDER Appointing Bradley P. Kammholz, Esq., of Kammholz Messina, LLP, 1501 Pittsford-Victor Road, Suite 202, Victor, New York 14564, to faithfully and diligently represent defendants Mary Ellen Belding and Structural Remediation Services, LLC pro bono. The Court will also issue an Order directing PACER to waive its fees so that pro bono counsel can access any other documents filed in this case that he may need. If any portion of the file in this matter is not available through PACER on the Court's Case Management/Electronic Case Management System, the Clerk of the Court shall provide a free copy of any such documents to pro bono counsel upon request. A status conference to be held on 12/12/2017 at 10 :15 AM before the Hon. Marian W. Payson. At that time, a hearing shall be scheduled to determine whether the appointment of a guardian ad litem is appropriate to protect defendant Mary Ellen Beldings interests. (Attorney Bradley Kammholz added f or Mary Ellen Belding and Structural Remediation Services, Inc.) Signed by Hon. Marian W. Payson on 11/16/2017. Copy of this Decision & Order sent by First Class Mail to defendants Mary Ellen Belding, 1467 Fallen Leaf Terrace, Webster, NY 14580 and Structural Remediation Services, Inc., 1115 East Main Street, Rochester, NY 14609 on 11/16/2017. (KAH)-CLERK TO FOLLOW UP-
August 8, 2017	Filing 83 DECISION & ORDER Plaintiffs' motion to the extent it seeks to supplement the original complaint to allege with more specificity the precise amounts owed by defendants 42 is granted. Because the claims asserted in the original complaint alrea dy seek these damages, plaintiffs do not need to add a separate cause of action, and permission to do so is denied. Rather, they should merely modify the existing causes of action to include the specified amounts. Plaintiffs are directed to file an amended complaint in accordance with these directions by no later than 9/6/2017. If plaintiffs fail to file an amended complaint by that date, the original complaint will remain the operative pleading. Plaintiffs' request for an award of attorn eys' fees and costs pursuant to the "Agreements and Declarations of Trust and Collections Policy" 42 is denied as premature. The parties' respective rights and obligations under these agreements are at issue in this case and ar e not properly determined in the context of this non-dispositive motion. Accordingly, plaintiffs' motion is denied without prejudice at this time. Plaintiffs' request for an extension of the scheduling order is denied as moot. Signed by Hon. Marian W. Payson on 8/8/2017. (KAH)

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Search for this case: Rochester Laborers' Welfare-S.U.B. Fund, et al v. Structural Remediation Services, Inc. et al
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Plaintiff: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman, and Daniel Hogan, as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager
Represented By:	Jennifer A. Clark
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Defendant: Structural Remediation Services, Inc.
Represented By:	Sharon P. Stiller
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Defendant: Mary Ellen Belding
Represented By:	Sharon P. Stiller
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Counter_claimant: Structural Remediation Services, Inc.
Represented By:	Sharon P. Stiller
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Counter_claimant: Mary Ellen Belding
Represented By:	Sharon P. Stiller
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Counter_defendant: Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager
Represented By:	Jennifer A. Clark
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Counter_defendant: Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Counter_defendant: Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman, and Daniel Hogan, as Secretary
Represented By:	Jennifer A. Clark
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Counter_defendant: Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Counter_defendant: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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