Lorusso et al v. Northwell Health Pension Plan et al
| William Lorusso, Margaret Gurlides, Linda Moriarty, Richard Seaberg, Gary Leonard, Carol Vorperian, Nicholas Campagnola, Jerold Scherer, Denise Bevilacqua and Karen Cervantes |
| Northwell Health Pension Plan, North Shore University Hospital, Northwell Health, Inc. and Pension Committee |
| 2:2024cv02785 |
| April 15, 2024 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Anne Y Shields |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 E.R.I.S.A. |
| Plaintiff |
Docket Report
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ELECTRONIC ORDER granting Motion to Hold Class Certification in Abeyance (ECF No. #23 ). The Court has reviewed Defendants' letter motion to hold Plaintiffs' Motion for Class Certification in Abeyance (ECF No. #23 ) and Plaintiffs' Opposition thereto (ECF No. #24 .) In light of Defendants' anticipated filing of a dispositive motion which "may dispose of the entire Complaint", the Court agrees with Defendants that the issue of class certification should be held in abeyance until the Court first addresses the forthcoming Dismissal Motion. See Sali v. Zwanger & Pesiri Radiology Grp., LLP, No. 19-CV-0275, 2022 WL 1085508, at *5 (E.D.N.Y. Jan. 10, 2022), report & recommendation adopted, 2022 WL 819178 (E.D.N.Y. Mar. 18, 2022) ("[H]olding class certification in abeyance is appropriate where resolution of the dispositive issue will 'necessarily inform and perhaps moot' class certification issues and where the party opposing abeyance would not be prejudiced." (quoting Authors Guild, Inc. v. Google Inc., 721 F.3d 132, 134-35 (2d Cir. 2013))); Schultz v. Stoner, No. 00-CV-0439, 2009 WL 455163, at *17 (S.D.N.Y. Feb. 24, 2009) (stating class certification was held in abeyance pending resolution of summary judgment motions); see also Christensen v. Kiewit-Murdoch Inv. Corp., 815 F.2d 206, 214 (2d Cir. 1987) (Rejecting appellants' argument, that district court erred "in reserving decision on their class certification motion pending disposition of appellees' motion to dismiss the amended complaint", as meritless, since such decision was "well within [the court's] discretion."). As such, Defendants' Motion to hold Plaintiffs' Class Certification Motion in Abeyance (ECF No. #23 ) is GRANTED.Defendants are reminded, in accordance with Rule III.B. of this Court's Individual Rules, Defendants must submit a Pre-Motion Conference Request prior to filing their anticipated Dismissal Motion. Ordered by Judge Joanna Seybert on 5/31/2024. (LC)
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| Filing 24 Letter concerning Defendants' Letter Motion to Stay (Dkt. 23) by Denise Bevilacqua, Nicholas Campagnola, Karen Cervantes, Margaret Gurlides, Gary Leonard, William Lorusso, Linda Moriarty, Jerold Scherer, Richard Seaberg, Carol Vorperian (Thomas, James) |
| Filing 23 Letter MOTION to Stay Plaintiffs' Motion for Class Certification by North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee. (Hill, Melissa) |
| Filing 22 Letter re Plaintiffs' Motion for Class Certification by North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee (Hill, Melissa) |
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ORDER granting #20 Motion for Extension of Time to Answer. Defendants North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., and Pension Committee's time to answer or otherwise respond to the Complaint is EXTENDED to 7/22/2024. So Ordered by Magistrate Judge Anne Y. Shields on 5/17/2024. (DM)
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| Filing 21 Letter regarding Plaintiffs' Motion for Class Certification by North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee (Hill, Melissa) |
| Filing 20 Letter MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Plaintiffs' Complaint by North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee. (Hill, Melissa) |
| Filing 19 NOTICE of Appearance by Melissa D. Hill on behalf of North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee (aty to be noticed) (Hill, Melissa) |
| Filing 18 NOTICE of Appearance by Jeremy P. Blumenfeld on behalf of North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee (aty to be noticed) (Blumenfeld, Jeremy) |
| Filing 17 NOTICE of Appearance by Gina Farinella McGuire on behalf of North Shore University Hospital, Northwell Health Pension Plan, Northwell Health, Inc., Pension Committee (aty to be noticed) (McGuire, Gina) |
| Filing 16 SUMMONS Returned Executed by Carol Vorperian, Linda Moriarty, Nicholas Campagnola, Denise Bevilacqua, Margaret Gurlides, Jerold Scherer, Richard Seaberg, William Lorusso, Karen Cervantes, Gary Leonard. Pension Committee served on 5/1/2024, answer due 5/22/2024. (Thomas, James) |
| Filing 15 SUMMONS Returned Executed by Carol Vorperian, Linda Moriarty, Nicholas Campagnola, Denise Bevilacqua, Margaret Gurlides, Jerold Scherer, Richard Seaberg, William Lorusso, Karen Cervantes, Gary Leonard. Northwell Health Pension Plan served on 5/1/2024, answer due 5/22/2024. (Thomas, James) |
| Filing 14 SUMMONS Returned Executed by Carol Vorperian, Linda Moriarty, Nicholas Campagnola, Denise Bevilacqua, Margaret Gurlides, Jerold Scherer, Richard Seaberg, William Lorusso, Karen Cervantes, Gary Leonard. North Shore University Hospital served on 5/1/2024, answer due 5/22/2024. (Thomas, James) |
| Filing 13 SUMMONS Returned Executed by Carol Vorperian, Linda Moriarty, Nicholas Campagnola, Denise Bevilacqua, Margaret Gurlides, Jerold Scherer, Richard Seaberg, William Lorusso, Karen Cervantes, Gary Leonard. Northwell Health, Inc. served on 5/1/2024, answer due 5/22/2024. (Thomas, James) |
| Filing 12 Summons Issued as to Pension Committee. (AMF) |
| Filing 11 Summons Issued as to Northwell Health Pension Plan. (AMF) |
| Filing 10 Summons Issued as to Northwell Health, Inc. (AMF) |
| Filing 9 Proposed Summons. by Denise Bevilacqua, Nicholas Campagnola, Karen Cervantes, Margaret Gurlides, Gary Leonard, William Lorusso, Linda Moriarty, Jerold Scherer, Richard Seaberg, Carol Vorperian (Thomas, James) |
| Filing 8 Proposed Summons. by Denise Bevilacqua, Nicholas Campagnola, Karen Cervantes, Margaret Gurlides, Gary Leonard, William Lorusso, Linda Moriarty, Jerold Scherer, Richard Seaberg, Carol Vorperian (Thomas, James) |
| Filing 7 Proposed Summons. by Denise Bevilacqua, Nicholas Campagnola, Karen Cervantes, Margaret Gurlides, Gary Leonard, William Lorusso, Linda Moriarty, Jerold Scherer, Richard Seaberg, Carol Vorperian (Thomas, James) |
| Filing 6 MOTION to Certify Class by Denise Bevilacqua, Nicholas Campagnola, Karen Cervantes, Margaret Gurlides, Gary Leonard, William Lorusso, Linda Moriarty, Jerold Scherer, Richard Seaberg, Carol Vorperian. (Attachments: #1 Memorandum in Support, #2 Affidavit in Support, #3 Exhibit A, #4 Exhibit B) (Thomas, James) |
| Filing 5 NOTICE of Appearance by Jessica Lynne lukasiewicz on behalf of All Plaintiffs (aty to be noticed) (lukasiewicz, Jessica) |
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Filing 4
ORDER OF RECUSAL. Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Anne Y. Shields for all further proceedings. Ordered by Magistrate Judge James M. Wicks on 4/17/2024. (GO)
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| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Summons #2, #2 Summons #3, #3 Summons #4) (CL) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Judge Joanna Seybert 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. (CL) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17772488 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Carol Vorperian, Linda Moriarty, Nicholas Campagnola, Denise Bevilacqua, Margaret Gurlides, Jerold Scherer, Richard Seaberg, William Lorusso, Karen Cervantes, Gary Leonard. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Exhibit A) (Thomas, James) |
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