Hoeffner et al v. D'Amato et al
| Raphael Hoeffner, Anthony Longo, Anthony Tomaszewski, Kenneth Reese and Sand, Gravel, Crushed Stone, Ashes and Material Yard Workers Local Union No.1175 Liuna Pension Fund and Welfare Fund |
| Joe D'Amato, Frank Ombres, Alexander Miuccio, Frank P. DiMenna and John Does 1-4 |
| 1:2009cv03160 |
| July 22, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Cheryl L. Pollak |
| Sandra L. Townes |
| None |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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The following documents for this case are available for you to view or download:
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Filing
360
ORDER: For the reasons explained in the attached Memorandum & Order, Defendants' 336 motion for reconsideration is denied. Ordered by Judge Pamela K. Chen on 3/24/2023. (EK)
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Filing
335
MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum & Order, Defendants' 329 Motion to Dismiss is denied in its entirety. Ordered by Judge Pamela K. Chen on 6/2/2022. (Kim, Eliot)
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Filing
299
MEMORANDUM AND ORDER: For the reasons stated in the attached, the Court certifies the following subclasses in this action: Pension Subclass All persons who were (i) employees of the employers College Point, Grace Industries and/or Willet s Point, (ii) vested participants in the Local 1175 Pension Fund, and (iii) whose nonforfeitable benefits were transferred to the Local 175 Pension Fund in December 2013.Welfare Subclass All employees and former employees of employers Col lege Point Asphalt Corporation, Willets Point Contracting Corporation, and Grace Industries, LLC who were participants in the Local 1175 Welfare Fund and who became participants eligible for benefits in the Local 175 Welfare Fund as a result of a certified change in collective bargaining representative in 2005, excluding all persons who currently receive or become eligible to receive benefits from the Local 1175 Welfare Fund. Ordered by Judge Pamela K. Chen on 3/29/2019. (Abdallah, Fida)
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Filing
231
ORDER re: 191 Motion for Partial Summary Judgment: As set forth in the attached, the Court has interpreted Section 1415 and ruled on: (1) how to calculate the amount of assets that should have been transferred under Section 1415; (2) the date on which the cause of action is considered to have accrued; (3) the appropriate interest rate to use to account for the eight-year delay in the transfer and how to account for benefits paid in the interim; and (4) how College Point's withdrawal lia bility should have been reduced as a result of the transfer. The parties will now have the opportunity to apply these rulings to calculate the correct amount of assets and corresponding interest that the New Plan should have received. The parties s hould use their best efforts to reach agreement on the calculations. However, in the event that further proceedings are necessary, the parties should filed a letter advising the Court of the issues that need to be resolved. In any event, the parties shall submit a joint status report no later than October 31, 2016. Ordered by Judge Pamela K. Chen on 9/30/2016. (Chan, Grace)
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