Ferrara et al v. BD Haulers Inc. et al
| Louis Bisignano, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Dominick Marrocco, Anthony Pirozzi and Denise Richardson |
| BD Haulers Inc., Frank Gillette and Nicolena Trucking LLC. |
| 2:2011cv00940 |
| February 25, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| William D. Wall |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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The following documents for this case are available for you to view or download:
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Filing
47
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 44 ; 39 granted. Accordingly, IT IS HEREBY ORDERED that Gillette shall appear before this Court on Monday, September 24, 2018, at 4:30 p.m. to show cause as to why he should not be adjudged in contempt of the November 12, 2016, December 16, 2016, and October 23, 2017 Orders issued by Judge Spatt, by reason of the certified facts set forth in Judge Lindsay's R&R. Gillette is warned that failure to respond to this Order may result in the imposit ion of sanctions against him, including contempt of court. IT IS FURTHER ORDERED that plaintiffs shall personally serve a copy of this Order on Gillette and file proof of service with the Court. Ordered by Judge Joseph F. Bianco on 8/22/2018. (Cubano, Jazmin)
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Filing
29
MEMORANDUM OF DECISION & ORDER granting in part and denying in part 23 Motion for Contempt; Based on the foregoing, the Plaintiffs motion is granted to the extent it seeks to compel the production of the Outstanding Documents and is denied in all other requests. Gillette is warned that if he fails to comply with this order, he could be subject to contempt proceedings for failure to respond to the post-judgment discovery requests and this order. If he is found to be in contempt of the discover y requests or this order, he could be subject to sanctions, including imposition of a monetary fine, attorneys fees, and costs. If the failure to comply continues, the Court could issue a warrant of arrest for failure to comply with a court order. In addition to service on Gillettes counsel via ECF, the Plaintiffs are directed to serve a copy of this order by certified mail, return receipt requested, upon Gillette at his last known address. So Ordered by Judge Arthur D. Spatt on 11/12/2016. (Coleman, Laurie)
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Filing
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ORDER - It is hereby: ORDERED that Judge Walls 15 Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the Defendants in the amounts recommended by Judge Wall and set forth above; and it is further ORDERED that the Defendants are directed to permit an audit of their books and records within 30 days of the date this order is entered; and it is further; ORDERED that should the audits be conduc ted and reveal additional contributions owed, the Plaintiffs may supplement their demands by application to this Court. The Plaintiffs are given sixty days from the date this order is entered to inform the Court whether or not they will be seeking supplemental damages. Ordered by Senior Judge Arthur D. Spatt on 2/23/2012. Terminating 8 Default Judgment as granted. (Coleman, Laurie)
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