Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees v. Cotto et al
| Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees |
| Alfred Cotto, Sol Sokel, Esq, William Pager, Esq. and Law Office of William Pager |
| 1:2018cv07123 |
| December 14, 2018 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Cheryl L Pollak |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 Fed. Question |
| None |
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Filing 10
MEMORANDUM AND ORDER. On December 18, 2018, I issued a temporary restraining order enjoining the defendants, their officers, agents, servants, employees and attorneys from disbursing or expending any proceeds up to $38,262.19 of funds obtained in settlement of Cotto v, Hernandez Guzman, et al. Index No. 515803/2015 (N.Y. Sup. Ct. Kings County), and imposing a constructive trust up to $38,262.19 of the funds in the event the defendants receive funds from the settlement. (ECF No. 4.) Based on the parties' further submissions and the preliminary injunction proceedings held on January 3, 2019, I find that there is a likelihood that funds belonging to the plaintiff will be disbursed, and that the disbursement, if not enjoined, will irreparably harm the plaintiff's claim to the funds. The temporary restraining order is converted to a preliminary injunction on the same terms. The Court dispenses with the necessity of a bond or other security. See Fed. R. Civ. P. 65(c). This preliminary injunction binds only those who receive actual notice of it. See Fed. R. Civ. P. 65(d)(2). Ordered by Judge Ann M. Donnelly on 1/3/2019. (Greene, Donna)
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| Minute Entry for proceedings held before Judge Ann M. Donnelly: Preliminary Injunction Hearing held on January 3, 2019. Jennifer Weekley appeared for the plaintiff. Earl Weprin appeared for the defendant. Case called, discussions held. See separate order arising from these proceedings. (Court Reporter Rivka Teich.) (Alsarraf, Ali) |
| Filing 9 AFFIDAVIT/AFFIRMATION re #8 Reply in Opposition, to Defendant's opposition to motion for preliminary injunction by Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees (Weekley, Jennifer) |
| Filing 8 REPLY in Opposition to Defendant's Opposition to the Fund's pending motion for a preliminary injunction preventing disbursal of the proceeds of the Defendant's personal injury action filed by Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees. (Weekley, Jennifer) |
| Filing 7 DECLARATION re #3 Order to Show Cause by Alfred Cotto, Law Office of William Pager, William Pager, Esq (Attachments: #1 Exhibit A-F, #2 Affidavit Affidavit of Defendant Alfredo Cotto, #3 Affidavit of Service) (Pager, William) |
| Filing 6 AFFIDAVIT of Service for Affidavit of Service corrected served on William Pager, Law Office of William Pager on 12/19/2018-12/20/2018, filed by Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees. (Weekley, Jennifer) |
| Filing 5 AFFIDAVIT of Service for Affidavit of Service served on William Pager, Law Office of William Pager on 12/20/2018, filed by Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees. (Weekley, Jennifer) |
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Filing 4
TEMPORARY RESTRAINING ORDER. The defendants, their officers, agents, servants, employees and attorneys are temporarily enjoined from disbursing or expendingany proceeds up to $38,262.19 of funds obtained in settlement of Cotto v. Hernandez Guzman, et al., Index No. 515803/2015 (N.Y. Sup. Ct. Kings County). In the event the defendants receive funds from the settlement, the Court imposes a constructive trust on up to $38,262.19 of the funds. In the circumstances, the Court dispenses with the necessity of a bond or other security. See Fed. R. Civ. P. 65(c). This temporary restraining order will take effect upon entry, and, byconsent of the parties, will expire on January 3, 2019. See Fed. R. Civ. P. 65(b)(2). It binds only those who receive actual notice of it. See Fed. R. Civ. P. 65(d)(2). Ordered by Judge Ann M. Donnelly on 12/18/2018. (Greene, Donna)
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| Minute Entry for proceedings held before Judge Ann M. Donnelly: Show Cause Hearing held on 12/18/2018. Jennifer Weekley appeared for the plaintiff. Edward Sadowsky appeared for the defendant. Case called, discussions held. A preliminary injunction hearing is set for Thursday, January 3, 2019, at 3:00 p.m. in Courtroom 4G North. The defendants' response to the plaintiff's motion for preliminary injunction #1 is due by Friday, December 28, 2018. The plaintiff's response, if any, is due by Wednesday, January 2, 2019. See separate order arising from these proceedings. (Court Reporter Anthony Mancuso.) (Alsarraf, Ali) Modified on 12/18/2018 (Greene, Donna). |
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Filing 3
ORDER TO SHOW CAUSE. Show Cause Hearing set for 12/18/2018 at 2:00 p.m., in Courtroom 4G North before Judge Ann M Donnelly. Ordered by Judge Ann M. Donnelly on 12/14/2018. (Greene, Donna)
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| Filing 2 Unsigned Order to Show Cause by Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Alfred Cotto, Law Office of William Pager, William Pager, Esq, Sol Sokel, Esq Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Trustees of the 1199SEIU National Benefit Fund for Health and Human Service Employees. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Memorandum in Support) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653135309 (Bowens, Priscilla) |
| 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) |
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