Bricklayers Insurance and Welfare Fund et al v. 82 Contracting, Inc. et al
Plaintiff: Bricklayers Local 1, Bricklayers Pension Fund, International Masonry Institute, Bricklayers and Trowel Trades International Pension Fund, Bricklayers Supplemental Annuity Fund, International Union of Bricklayers and Allied Craft Workers, Bricklayers Insurance and Welfare Fund, Jeremiah Sullivan, Jr., Bricklayers Labor Management Committee and New York City and Long Island Joint Apprenticeship and Training Fund
Defendant: 82 Contracting, Inc. and Jeffrey S. Kirchner
Case Number: 1:2018cv06094
Filed: October 31, 2018
Court: US District Court for the Eastern District of New York
Presiding Judge: Sanket J Bulsara
Referring Judge: Allyne R Ross
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2020 Opinion or Order Filing 22 STIPULATION AND ORDER DISMISSING CASE that pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, the above-captioned lawsuit is hereby dismissed with prejudice as to defendants 82 Contracting, Inc. and Jeffrey S. Kirchner for the period of January 1, 2016 through March 31, 2019, the period at issue in this action. This stipulation of dismissal is without prejudice to plaintiffs' claims, if any, for the period after March 31, 2019. (Ordered by Judge Allyne R. Ross on 6/10/2020 ) (Guzzi, Roseann)
June 9, 2020 Filing 21 STIPULATION of Dismissal by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr (Minnefor, Michael)
May 19, 2020 Opinion or Order ORDER: In light of the status report #20 indicating the parties have settled, the parties shall file a stipulation of dismissal by 6/9/2020. To the extent payment is not made and/or the parties wish to enforce the terms of their settlement agreement, they may seek leave to reopen the case. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/19/2020. (Ferrara, Anthony)
May 18, 2020 Filing 20 STATUS REPORT by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr (Minnefor, Michael)
March 26, 2020 Opinion or Order ORDER: The status conference set for 3/31/2020 is adjourned sine die. The parties are reminded that the deadline to take the first step in any dispositive motion practice is 4/3/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/26/2020. (Ferrara, Anthony)
February 3, 2020 Opinion or Order Minute Entry & Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An in-person status conference was held on 2/3/2020. Counsel for all parties were present. The parties shall file a stipulation of dismissal by 2/17/2020. Should the parties not file a stipulation of dismissal by 2/17/2020, the close of discovery shall be 3/20/2020, and the deadline for taking the first step in any dispositive motion practice shall be 4/3/2020. An in-person status conference will be held on 3/31/2020 at 10:30 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/3/2020. (FTR Log #4:37 - 4:42.) (Ferrara, Anthony)
January 22, 2020 Opinion or Order ORDER: The motion to adjourn conference #19 is granted. The in-person status conference set for 1/23/2020 will now be held on 2/3/2020 at 4:30 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/22/2020. (Ferrara, Anthony)
January 21, 2020 Filing 19 First MOTION to Adjourn Conference scheduled for 1/23 by 82 Contracting, Inc., Jeffrey S. Kirchner. (Ruggiero, John)
January 4, 2020 Opinion or Order SCHEDULING ORDER: In light of the status report #18 filed by Plaintiffs, an in-person status conference will be held on 1/23/2020 at 10:30 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The request for a telephone conference is denied; the Court does not hold telephone conferences. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/4/2020. (Ferrara, Anthony)
January 3, 2020 Filing 18 STATUS REPORT by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr (Minnefor, Michael)
December 23, 2019 Opinion or Order ORDER: The motion for extension of time to file #17 is granted. The deadline to file a stipulation of dismissal is extended to 1/3/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/23/2019. (Ferrara, Anthony)
December 20, 2019 Filing 17 MOTION for Extension of Time to File Stipulation of Settlement and Dismissal by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr. (Minnefor, Michael)
November 21, 2019 Opinion or Order ORDER: The motion for extension of time to file #16 is granted. The parties shall file a stipulation of dismissal by 12/20/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/21/2019. (Ferrara, Anthony)
November 20, 2019 Filing 16 MOTION for Extension of Time to File Stipulation of Settlement and Dismissal by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr. (Minnefor, Michael)
October 21, 2019 Opinion or Order ORDER: In light of the status report #15 , the parties are directed to file a stipulation of dismissal by 11/20/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/21/2019. (Ferrara, Anthony)
October 18, 2019 Filing 15 STATUS REPORT by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr (Minnefor, Michael)
September 20, 2019 Opinion or Order STATUS REPORT ORDER: In light of the status report #14 filed by Plaintiffs, the parties should submit an updated status report regarding settlement negotiations by 10/18/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/20/2019. (Silberstein, Hope)
September 19, 2019 Filing 14 STATUS REPORT by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr (Minnefor, Michael)
August 20, 2019 Filing 13 MOTION to Adjourn Conference by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr. (Minnefor, Michael)
August 20, 2019 Opinion or Order ORDER: The Motion to Adjourn Conference #13 is granted. The in person status conference scheduled for 8/21/2019 before Magistrate Judge Sanket J. Bulsara is hereby adjourned. The parties are directed to file a Joint Status Report on or before 9/19/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/20/2019. (Manson, Eddie)
July 29, 2019 Filing 12 STATUS REPORT by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr (Minnefor, Michael)
June 27, 2019 Opinion or Order ORDER: The motion to adjourn conference #11 is granted. The initial conference is adjourned sine die. A status conference is scheduled for 8/21/2019 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The parties should provide a status report by 7/29/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/27/2019. (Silberstein, Hope)
June 26, 2019 Filing 11 MOTION to Adjourn Conference by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr. (Minnefor, Michael)
April 24, 2019 Opinion or Order RE-SCHEDULING ORDER: Due to a scheduling conflict the in person initial conference scheduled for 5/3/2019 is hereby re-scheduled to 6/28/2019 at 10:30 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/24/2019. (Manson, Eddie)
March 21, 2019 Opinion or Order ORDER: The motion to adjourn conference #10 is granted. The in-person initial conference will take place on 5/3/2019 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/21/2019. (Silberstein, Hope)
March 20, 2019 Filing 10 MOTION to Adjourn Conference by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr. (Minnefor, Michael)
February 21, 2019 Opinion or Order ORDER: The motion to adjourn conference #8 is granted. The initial conference is hereby rescheduled for 3/22/2019 at 12:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/21/2019. (Silberstein, Hope)
February 20, 2019 Filing 9 CASE MANAGEMENT STATEMENT (Minnefor, Michael)
February 20, 2019 Filing 8 MOTION to Adjourn Conference by Bricklayers Insurance and Welfare Fund, Bricklayers Labor Management Committee, Bricklayers Local 1, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, International Union of Bricklayers and Allied Craft Workers, New York City and Long Island Joint Apprenticeship and Training Fund, Jeremiah Sullivan, Jr. (Minnefor, Michael)
December 14, 2018 Filing 7 ANSWER to #1 Complaint,, by All Defendants. (Ruggiero, John)
December 11, 2018 Opinion or Order Filing 6 SCHEDULING ORDER: An in-person initial conference will be held at 10:30 A.M. on 2/22/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 2/22/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/11/2018. (Manson, Eddie)
November 28, 2018 Filing 5 SUMMONS Returned Executed by New York City and Long Island Joint Apprenticeship and Training Fund, Bricklayers Labor Management Committee, Bricklayers Pension Fund, International Masonry Institute, Bricklayers Local 1, Jeremiah Sullivan, Jr, Bricklayers Insurance and Welfare Fund, Bricklayers Supplemental Annuity Fund, International Union of Bricklayers and Allied Craft Workers, Bricklayers and Trowel Trades International Pension Fund. Jeffrey S. Kirchner served on 11/26/2018, answer due 12/17/2018. (Minnefor, Michael)
November 28, 2018 Filing 4 SUMMONS Returned Executed by New York City and Long Island Joint Apprenticeship and Training Fund, Bricklayers Labor Management Committee, Bricklayers Pension Fund, International Masonry Institute, Bricklayers Local 1, Jeremiah Sullivan, Jr, Bricklayers Insurance and Welfare Fund, Bricklayers Supplemental Annuity Fund, International Union of Bricklayers and Allied Craft Workers, Bricklayers and Trowel Trades International Pension Fund. 82 Contracting, Inc. served on 11/26/2018, answer due 12/17/2018. (Minnefor, Michael)
October 31, 2018 Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
October 31, 2018 Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla)
October 31, 2018 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by New York City and Long Island Joint Apprenticeship and Training Fund, Bricklayers Labor Management Committee, Bricklayers Pension Fund, International Masonry Institute, Bricklayers Local 1, Jeremiah Sullivan, Jr, Bricklayers Insurance and Welfare Fund, Bricklayers Supplemental Annuity Fund, International Union of Bricklayers and Allied Craft Workers, Bricklayers and Trowel Trades International Pension Fund. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
October 31, 2018 FILING FEE: $ 400, receipt number 4653133873 (Bowens, Priscilla)

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Plaintiff: Bricklayers Local 1
Represented By: Michael Robert Minnefor
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Plaintiff: Bricklayers Pension Fund
Represented By: Michael Robert Minnefor
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Plaintiff: International Masonry Institute
Represented By: Michael Robert Minnefor
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Plaintiff: Bricklayers and Trowel Trades International Pension Fund
Represented By: Michael Robert Minnefor
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Plaintiff: Bricklayers Supplemental Annuity Fund
Represented By: Michael Robert Minnefor
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Plaintiff: International Union of Bricklayers and Allied Craft Workers
Represented By: Michael Robert Minnefor
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Plaintiff: Bricklayers Insurance and Welfare Fund
Represented By: Michael Robert Minnefor
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Plaintiff: Jeremiah Sullivan, Jr.
Represented By: Michael Robert Minnefor
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Plaintiff: Bricklayers Labor Management Committee
Represented By: Michael Robert Minnefor
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Plaintiff: New York City and Long Island Joint Apprenticeship and Training Fund
Represented By: Michael Robert Minnefor
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Defendant: 82 Contracting, Inc.
Represented By: John P. Ruggiero
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Defendant: Jeffrey S. Kirchner
Represented By: John P. Ruggiero
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