Bricklayers Insurance And Welfare Fund, Pension Fund, Supplemental Annuity Fund, Bricklayers And Trowel Trades International Pension Fund, New York City And Long Island Joint Apprenticeship And Traini et al v. LaSala et al

Justia Dockets & Filings Second Circuit New York Eastern District Bricklayers Insurance And Welfare Fund, Pension Fund, Supplemental Annuity Fund, Bricklayers And Trowel Trades International Pension Fund, New York City And Long Island Joint Apprenticeship And Traini et al v. LaSala et al

Plaintiff:	Bricklayers Insurance And Welfare Fund, Pension Fund, Supplemental Annuity Fund, Bricklayers And Trowel Trades International Pension Fund, New York City And Long Island Joint Apprenticeship And Traini, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, International Masonry Institute and Jeremiah Sullivan, Jr.
Defendant:	Kenneth LaSala, Kenneth Lasal, Jr, Mark Lasala and Town Holding Corp.
Case Number:	1:2012cv02314
Filed:	May 10, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	John Gleeson
Presiding Judge:	Roanne L. Mann
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
December 10, 2021	Filing 250 ORDER granting in large part 249 Motion for Disbursement of Funds (see attached). The Court declines to order the IRS to apply payments in a specific proportion to partially satisfy the federal tax liens of Kenneth LaSala and Mark LaSala. That issue is not one for this Court to decide and, as the government acknowledges, Kenneth Lasala "is disputing most of his liability in an action currently pending in [the Southern District of New York]." See DE 241 at 2. Ordered by Magistrate Judge Roanne L. Mann on 12/10/2021. (Proujansky, Josh)
November 10, 2021	Filing 244 AMENDED ORDER: 1) The Court finds Kenneth LaSala and Mark LaSala in contempt of its order of September 30, 2021, and directs the Marshal to take them into custody until their contempt is purged. This aspect of the Courts order is suspended until Dece mber 3, 2021, and shall be vacated upon payment of $215,763.22 ($82,289.42 plus $133,473.80) into the Court registry; 2) The Court finds MHP in contempt of its orders of March 6, 2018, and September 30, 2021, for its continued refusal to turn over distributions to Plaintiffs and/or deposit them into the Court registry. As a sanction therefor, the Court directs the Clerk to enter a money judgment against MHP and in favor of Plaintiffs in the amount of $316,114.68. In addition to collections from MHP directly, such judgment shall be satisfied pro tanto by any amounts received by Plaintiffs from the Court registry and 3) Any further matters in this case including, without limitation, distribution of funds in the Court regis try, future deposits into the Court registry, and assessment of attorneys fees and costs are referred to Magistrate Judge Mann for appropriate orders and/or reports and recommendations. Ordered by Judge Frederic Block on 11/10/2021. (Innelli, Michael) (Main Document 244 replaced on 11/10/2021) (Innelli, Michael).
November 5, 2021	Filing 242 ORDER: 1) The Court finds Kenneth LaSala, Jr., and Mark LaSala in contempt of its order of September 30, 2021, and directs the Marshal to take them into custody until their contempt is purged. This aspect of the Courts order is suspended until Decem ber 3, 2021, and shall be vacated upon payment of $215,763.22 ($82,289.42 plus $133,473.80) into the Court registry; 2) The Court finds MHP in contempt of its orders of March 6, 2018, and September 30, 2021, for its continued refusal t o turn over distributions to Plaintiffs and/or deposit them into the Court registry. As a sanction therefor, the Court directs the Clerk to enter a money judgment against MHP and in favor of Plaintiffs in the amount of $316,114.68. In addition t o collections from MHP directly, such judgment shall be satisfied pro tanto by any amounts received by Plaintiffs from the Court registry and 3) Any further matters in this caseincluding, without limitation, distribution of funds in the Court registry, future deposits into the Court registry, and assessment of attorneys fees and costsare referred to Magistrate Judge Mann for appropriate orders and/or reports and recommendations. Ordered by Judge Frederic Block on 11/5/2021. (Innelli, Michael)
September 30, 2021	Filing 238 ORDER: 1)By October 22, 2021, Defendants shall, on pain of contempt, deposit $282,289.42 in the Court registry; 2) By October 22, 2021, Defendants and MHP shall make available to Plaintiffs any information in their possession regarding any distr ibution from the New Jersey apartment building to MHP in July of 2021; 3) By October 22, 2021, MHP shall show cause why it should not be held in contempt for noncompliance with the Courts order of March 6, 2018, directing it to pay distributions to P laintiffs; 4) By October 22, 2021, Plaintiffs and the United States shall inform the Court of the remaining amounts needed to satisfy their respective liens. In addition, the United States shall inform the Court whether the tax liens, or any portion of them, are disputed by either Defendant and 5)MHP shall, on pain of contempt, deposit 34% of any future distributions received into the Court registry within three days of receipt. Ordered by Judge Frederic Block on 9/30/2021. (Innelli, Michael)
February 26, 2020	Filing 220 MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: Granting motions 188 & 189 for distribution of funds. No error, plain or otherwise, appears on the face of MJ Mann's report and recommendation 218 , so the Court adopts it without de novo review. Ordered by Judge Frederic Block on 2/26/2020. (Innelli, Michael) Modified on 2/26/2020 TO INCLUDED THE DISPOSED OF MOTIONS.(Innelli, Michael).
January 15, 2019	Filing 175 MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: All objections to the Report and Recommendation 169 are overruled and the Court adopts the Report and Recommendation in its entirety. Therefore, as set forth in the Report and Recommendation , the defendants are directed to deposit into the registry of the Court funds sufficient to satisfy the amount of the judgment, plus interest, together with a reasonable estimate of plaintiffs attorneys fees. R&R 10-11. Until such a deposit is made , Kenneth LaSala, Mark LaSala, Kenneth LaSala, Jr., Claudia LaSala, Juliane LaSala, MH Partners, LLCand anyone in active concert or participation with them who receives actual notice of this memorandum and order by personal service or otherwiseis her eby enjoined and restrained, on pain of contempt, from transferring, encumbering or dissipating any funds or assets described in the schedule to the TRO or the conclusion of the Report and Recommendation, whether such funds or assets are held at the financial institutions described in those documents or transferred, directly or indirectly, to other accounts. Ordered by Judge Frederic Block on 1/15/2019. (Innelli, Michael)
March 6, 2018	Filing 138 ORDER: This order is without prejudice to the plaintiffs rights to seek further execution of the judgment, further discovery in aid of execution, and attorneys fees and costs. Future discovery requests should be directed to the assigned magistrate judge. See attached order for further details. Ordered by Judge Frederic Block on 3/6/2018. (Innelli, Michael)
August 24, 2015	Filing 129 FINDINGS OF FACT AND CONCLUSIONS OF LAW: For the reasons stated in the attached Findings of Fact and Conclusions of Law, I find in favor of the defendants with respect to the third claim for relief. In light of this and prior rulings, the parties, including Plaza Construction LLC, are directed to confer and jointly submit a proposed judgment resolving all claims in the case on or before September 9, 2015. Ordered by Judge John Gleeson on 8/24/2015. (Ross, Peter)
February 18, 2015	Filing 117 ORDER: For the reasons stated in the attached Memorandum and Order, the Court grants plaintiffs' motion 105 with respect to their first, second, and fourth claim, and denies the motion with respect to their third claim for relief. The Court gr ants defendant/cross-claim plaintiff Plaza Construction LLC's motion 107 with respect to its second, third, and fourth claim, and denies its motion with respect to its first claim for relief. Jury selection and trial will occur at 9:30 a.m. on April 6, 2015. A final pretrial conference will be held on March 27, 2015 at 11:30 a.m. in Courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 2/18/2015. (Ross, Peter)

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Search for this case: Bricklayers Insurance And Welfare Fund, Pension Fund, Supplemental Annuity Fund, Bricklayers And Trowel Trades International Pension Fund, New York City And Long Island Joint Apprenticeship And Traini et al v. LaSala et al
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Plaintiff: Bricklayers Insurance And Welfare Fund, Pension Fund, Supplemental Annuity Fund, Bricklayers And Trowel Trades International Pension Fund, New York City And Long Island Joint Apprenticeship And Traini
Represented By:	James I. Wasserman
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Plaintiff: Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers
Represented By:	James I. Wasserman
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Plaintiff: International Masonry Institute
Represented By:	James I. Wasserman
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Plaintiff: Jeremiah Sullivan, Jr.
Represented By:	James I. Wasserman
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Defendant: Kenneth LaSala
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Defendant: Kenneth Lasal, Jr
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Defendant: Mark Lasala
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Defendant: Town Holding Corp.
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