Veronica Dyer, as Employee Benefit Funds Administrator v. Caruso Steel Reinforcing, LLC et al
Plaintiff: Veronica Dyer
Defendant: Matthew Caruso, Consigli Construction Co., Inc., Brait Builders Corporation and Caruso Steel Reinforcing, LLC
Case Number: 1:2021cv10995
Filed: June 15, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: Leo T Sorokin
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2021 Filing 40 AMENDED COMPLAINT (1st - as a matter of course) against Brait Builders Corporation, Matthew Caruso, Caruso Steel Reinforcing, LLC, Consigli Construction Co., Inc., filed by Veronica Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Long, Mickey)
August 5, 2021 Filing 39 ELECTRONIC NOTICE of Scheduling Conference. A Scheduling Conference has been set for 8/16/2021 11:45 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria)
August 2, 2021 Filing 38 MEMORANDUM in Support re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew Caruso, Caruso Steel Reinforcing, LLC. (Duke, John)
August 2, 2021 Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Matthew Caruso, Caruso Steel Reinforcing, LLC.(Duke, John)
August 2, 2021 Filing 36 JOINT STATEMENT re scheduling conference . (Long, Mickey)
July 30, 2021 Filing 35 SUR-REPLY to Motion re #28 MOTION for Preliminary Injunction To Compel Defendant Caruso Steel to Produce Documents and Submit to an ERISA Audit filed by Veronica Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B)(Long, Mickey)
July 28, 2021 Filing 34 MEMORANDUM in Opposition re #28 MOTION for Preliminary Injunction To Compel Defendant Caruso Steel to Produce Documents and Submit to an ERISA Audit filed by Caruso Steel Reinforcing, LLC. (Attachments: #1 Exhibit 1 - 7/13/21 emails between counsel)(Persky, Jonathan)
July 28, 2021 Filing 33 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #32 Motion for Extension of Time 8/2/21 to File Answer re #1 Complaint. Allowed. (Pacho, Arnold)
July 27, 2021 Filing 32 Consent MOTION for Extension of Time to 08/02/2021 to File Answer re #1 Complaint, 27 Set/Reset Deadlines, 26 Order on Motion for Extension of Time to Answer by Matthew Caruso, Caruso Steel Reinforcing, LLC.(Duke, John)
July 26, 2021 Filing 31 Set Deadlines: joint statement setting forth their joint or separate positions as to the schedule due by 8/2/2021 (Simeone, Maria)
July 19, 2021 Filing 30 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #29 Motion for Scheduling Conference. The Motion is ALLOWED ONLY to the extent that the Court will hold a conference pursuant to Rule 16 to establish a schedule to govern this matter. The parties shall file a joint statement no later than noon on August 2, 2021 setting forth their joint or separate positions as to the schedule. (Pacho, Arnold)
July 15, 2021 Filing 29 MOTION for Discovery Scheduling Conference by Veronica Dyer.(Long, Mickey)
July 14, 2021 Filing 28 MOTION for Preliminary Injunction To Compel Defendant Caruso Steel to Produce Documents and Submit to an ERISA Audit by Veronica Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Long, Mickey)
July 12, 2021 Filing 27 Set Deadlines: Answer to Complaint due by 7/27/2021. (Currie, Haley)
July 12, 2021 Filing 26 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #25 Assented to MOTION for Extension of Time to 7/27/2021 to File Answer re 1 Complaint, by Matthew Caruso, Caruso Steel Reinforcing, LLC ALLOWED (Currie, Haley)
July 9, 2021 Filing 25 Assented to MOTION for Extension of Time to 7/27/2021 to File Answer re #1 Complaint, by Matthew Caruso, Caruso Steel Reinforcing, LLC.(Persky, Jonathan)
July 9, 2021 Filing 24 Set Deadlines: STAYED for forty days as to the reach and apply defendants only 8/16/2021. (Simeone, Maria)
July 7, 2021 Filing 23 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. With the consent of all parties, Plaintiff's Emergency Motion for a Temporary Restraining Order (Doc. No. #10 ) is deemed WITHDRAWN WITHOUT PREJUDICE, the Temporary Restraining Order (Doc. No. #13 ) entered on June 29, 2021 is DISSOLVED, and the proceedings are STAYED for forty days as to the reach and apply defendants only. (Pacho, Arnold)
July 6, 2021 Filing 22 AFFIDAVIT in Opposition to Reply of Plaintiff. (Ahmed, Mansooruddin)
July 2, 2021 Filing 21 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin Motion Hearing held on 7/2/2021. The court hears argument of counsel re #10 Emergency MOTION for Temporary Restraining Order Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. filed by Veronica Dyer as to the issues regarding the TRO, payment to the Union and whether the TRO should disolve or be continued. The Plaintiff and Defendant through counsel shall confer between now and the hearing on Wednesday 7/7 at 3:00pm to ( Motion Hearing set for 7/7/2021 03:00 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin.) (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
July 1, 2021 Filing 20 NOTICE of Appearance by Robert V. Lizza on behalf of Consigli Construction Co., Inc. (Pacho, Arnold)
July 1, 2021 Filing 19 SUR-REPLY to Motion re #10 Emergency MOTION for Temporary Restraining Order Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. (Plaintiff's Reply to Brait's Opposition at D.17) filed by Veronica Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Long, Mickey)
July 1, 2021 Filing 18 MEMORANDUM in Opposition re #10 Emergency MOTION for Temporary Restraining Order Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. filed by Matthew Caruso, Caruso Steel Reinforcing, LLC. (Duke, John)
June 30, 2021 Filing 17 Opposition re #10 Emergency MOTION for Temporary Restraining Order Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. filed by Brait Builders Corporation. (Attachments: #1 Affidavit Affidavit of Robert A. Brait)(Ahmed, Mansooruddin)
June 30, 2021 Filing 16 NOTICE of Appearance by Mansooruddin Ahmed on behalf of Brait Builders Corporation (Ahmed, Mansooruddin)
June 29, 2021 Filing 15 NOTICE of Appearance by John E. Duke on behalf of Matthew Caruso, Caruso Steel Reinforcing, LLC (Duke, John)
June 29, 2021 Filing 14 ELECTRONIC NOTICE of Hearing. Hearing set for 7/1/2021 at 04:00 PM in Remote Proceeding: Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Pacho, Arnold)
June 29, 2021 Filing 13 District Judge Leo T. Sorokin: ORDER entered. TEMPORARY RESTRAINING ORDER Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. & Short Order Notice of Hearing. A Hearing on this Order shall be held on July 1, 2021 at 4pm via zoom. (Pacho, Arnold)
June 29, 2021 Filing 12 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #10 Emergency MOTION for Temporary Restraining Order Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. ALLOWED. (Pacho, Arnold)
June 29, 2021 Filing 11 NOTICE of Appearance by Jonathan D. Persky on behalf of Matthew Caruso, Caruso Steel Reinforcing, LLC (Persky, Jonathan)
June 29, 2021 Filing 10 Emergency MOTION for Temporary Restraining Order Against Reach and Apply Defendants, Brait Builders Corp. and Consigli Construction Co., Inc. by Veronica Dyer. (Attachments: #1 Exhibit A, Proposed Order, #2 Exhibit B, #3 Exhibit C)(Long, Mickey)
June 29, 2021 Filing 9 SUMMONS Returned Executed Brait Builders Corporation served on 6/16/2021, answer due 7/7/2021. (Long, Mickey)
June 29, 2021 Filing 8 SUMMONS Returned Executed Consigli Construction Co., Inc. served on 6/16/2021, answer due 7/7/2021. (Long, Mickey)
June 29, 2021 Filing 7 SUMMONS Returned Executed Matthew Caruso served on 6/22/2021, answer due 7/13/2021. (Long, Mickey)
June 29, 2021 Filing 6 SUMMONS Returned Executed Caruso Steel Reinforcing, LLC served on 6/22/2021, answer due 7/13/2021. (Long, Mickey)
June 22, 2021 Filing 5 NOTICE of Appearance by John J. McNamara on behalf of Brait Builders Corporation (McNamara, John)
June 15, 2021 Filing 4 Set Deadlines: proof of Service due by 9/13/2021. (Simeone, Maria)
June 15, 2021 Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold)
June 15, 2021 Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary)
June 15, 2021 Filing 1 COMPLAINT Veronica Dyer, as Employee Benefit Funds Administrator against Brait Builders Corporation, Matthew Caruso, Caruso Steel Reinforcing, LLC, Consigli Construction Co., Inc. Filing fee: $ 402, receipt number 0101-8821520 (Fee Status: Filing Fee paid), filed by Veronica Dyer, as Employee Benefit Funds Administrator. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A-I (to Complaint))(Long, Mickey)

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Defendant: Matthew Caruso
Represented By: Jonathan D. Persky
Represented By: John E. Duke
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Defendant: Consigli Construction Co., Inc.
Represented By: Robert V. Lizza
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Defendant: Brait Builders Corporation
Represented By: John J. McNamara
Represented By: Mansooruddin Ahmed
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Defendant: Caruso Steel Reinforcing, LLC
Represented By: Jonathan D. Persky
Represented By: John E. Duke
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Plaintiff: Veronica Dyer
Represented By: Mickey Long
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