Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund v. Pension Benefit Guaranty Corporation
| Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund |
| Pension Benefit Guaranty Corporation |
| 2:2023cv01595 |
| March 1, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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| Filing 25 NOTICE of Appearance by Mary A. Petrovic on behalf of Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund (notification declined or already on case) (Petrovic, Mary) |
| Filing 24 NOTICE of Appearance by Debra J Carfora on behalf of Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund (notification declined or already on case) (Carfora, Debra) |
| Filing 23 NOTICE of Appearance by Douglas Andrew Hastings on behalf of Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund (notification declined or already on case) (Hastings, Douglas) |
| Filing 22 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE: Counsel for Plaintiff: Douglas Andrew Hastings, Jeremy P. Blumenfeld. Counsel for Defendant: Benjamin T. Kelly, John H. Ginsberg, Louisa Soulard. Initial Conference Hearing held on 4/18/2023 at 1:00 PM. Following discussion with counsel, the scheduling order will be held in abeyance pending decision on the anticipated Cross-Motions for Summary Judgment. The parties are directed to file a status report within ten days of when a decision is issued on the motions if any claims remain. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #1:00-1:07 (Video).) (DF) |
ORDER granting #15 , #16 , #17 Motion for Leave to Appear Pro Hac Vice. The Motions to Appear Pro Hac Vice of Attorneys Douglas A. Hastings, Debra Carfora, and Mary A. Petrovic are hereby granted. Each attorney shall register for ECF, with registration being available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, each attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 4/13/2023. (MSH)
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Filing 21
STIPULATION ORDER denying #13 Motion for Pre Motion Conference; denying #18 Motion for Pre Motion Conference. The Parties have met, conferred, and agreed that this matter may be efficiently resolved through cross-motions for summary judgment. The Parties have agreed to the expedited briefing schedule set forth in this Stipulated Order. SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 4/11/2023. (LC)
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| Filing 20 NOTICE by Pension Benefit Guaranty Corporation ADMINISTRATIVE RECORD OF THE PENSION BENEFIT GUARANTY CORPORATIONS DETERMINATION REGARDING THE SPECIAL FINANCIAL ASSISTANCE APPLICATION OF THE BAKERY DRIVERS LOCAL 550 AND INDUSTRY PENSION FUND, VOLUME I (Attachments: #1 Administrative Record Volume II) (Ginsberg, John) |
| Filing 19 Proposed Scheduling Order by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund (Blumenfeld, Jeremy) |
| Filing 18 Letter Pre-Motion Conference on Cross-Motions for Summary Judgment by Pension Benefit Guaranty Corporation (Ginsberg, John) Modified on 4/10/2023 to change event type to pre-motion conference (LC). |
| Filing 17 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16569619 by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Service, #4 Proposed Order) (Petrovic, Mary) |
| Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16569597 by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Certificate of Service, #5 Proposed Order) (Carfora, Debra) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16569548 by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Certificate of Service, #5 Proposed Order) (Hastings, Douglas) |
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ORDER. The return date for Attorneys Douglas A. Hastings, Debra Carfora, and Mary A. Petrovic Motions to Appear Pro Hac Vice (DE #15 , #16 , #17 ) shall be on April 12, 2023. In accordance with this Courts Individual Practice Rules, any opposition must be filed by April 10, 2023. So Ordered by Magistrate Judge James M. Wicks on 4/5/2023. (MSH)
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| Filing 14 STIPULATION re Proposed Expedited Briefing Schedule by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund (Blumenfeld, Jeremy) |
| Filing 13 MOTION for pre motion conference re Expedited Summary Judgment by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund. (Blumenfeld, Jeremy) |
| Filing 12 NOTICE of Appearance by Benjamin T Kelly on behalf of Pension Benefit Guaranty Corporation (notification declined or already on case) (Kelly, Benjamin) |
| Filing 11 NOTICE of Appearance by John H. Ginsberg on behalf of Pension Benefit Guaranty Corporation (notification declined or already on case) (Ginsberg, John) |
| Filing 10 NOTICE of Appearance by Louisa Soulard on behalf of Pension Benefit Guaranty Corporation (notification declined or already on case) (Soulard, Louisa) |
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ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. The Motions of Benjamin Kelley, John H. Ginsberg, and Louisa A. Soulard for Leave to Appear Pro Hac Vice are granted. The attorneys shall register for ECF, with registration being available online at the NYEDs homepage. Once registered, the attorneys shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorneys shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 3/21/2023. (MSH)
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| Filing 9 WAIVER OF SERVICE Returned Executed by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund. Pension Benefit Guaranty Corporation waiver sent on 3/2/2023, answer due 5/1/2023. (Blumenfeld, Jeremy) |
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ORDER. The return date for Attorney Louisa Antonia Soulard's Motion to Appear Pro Hac Vice shall be on March 20, 2023. In accordance with this Courts Individual Practice Rules, any opposition must be filed by March 17, 2023. So Ordered by Magistrate Judge James M. Wicks on 3/14/2023. (MSH)
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| Filing 8 MOTION to Appear Pro Hac Vice for United States Government Attorney Louisa A. Soulard Filing fee $ 150. by Pension Benefit Guaranty Corporation. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice of United States Government Attorney Louisa A. Soulard, #2 Certificate of Good Standing, #3 Certificate of Service, #4 Proposed Order) (Soulard, Louisa) |
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held April 18, 2023, at 1:00 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than April 11, 2023. 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. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 3/13/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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ORDER. The return date for Attorneys Benjamin Kelley and John H. Ginsbergs Motions to Appear Pro Hac Vice shall be on March 20, 2023. In accordance with this Courts Individual Practice Rules, any oppositions must be filed by March 17, 2023. So Ordered by Magistrate Judge James M. Wicks on 3/12/2023. (MSH)
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| Filing 6 MOTION to Appear Pro Hac Vice for United States Government Attorney John H. Ginsberg Filing fee $ 150. by Pension Benefit Guaranty Corporation. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice United States Government Attorney John H. Ginsberg, #2 Certificate of Good Standing, #3 Certificate of Service, #4 Proposed Order) (Ginsberg, John) |
| Filing 5 MOTION to Appear Pro Hac Vice for United States Government Attorney Benjamin Kelly Filing fee $ 150. by Pension Benefit Guaranty Corporation. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice United States Government Attorney Benjamin Kelly, #2 Certificate of Good Standing, #3 Certificate of Service, #4 Proposed Order) (Kelly, Benjamin) |
| Filing 4 Summons Issued as to Pension Benefit Guaranty Corporation, U.S. Attorney and U.S. Attorney General (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
| Filing 1 COMPLAINT against Pension Benefit Guaranty Corporation filing fee $ 402, receipt number ANYEDC-16455243 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Blumenfeld, Jeremy) |
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| Plaintiff: Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund | |
| Represented By: | Jeremy P. Blumenfeld |
| Represented By: | Douglas Andrew Hastings |
| Represented By: | Debra J Carfora |
| Represented By: | Mary A. Petrovic |
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| Defendant: Pension Benefit Guaranty Corporation | |
| Represented By: | Benjamin T Kelly |
| Represented By: | John H. Ginsberg |
| Represented By: | Louisa Soulard |
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