Rood v. New York State Teamsters Conference Pension and Retirement Fund et al

Justia Dockets & Filings Second Circuit New York Northern District Rood v. New York State Teamsters Conference Pension and Retirement Fund et al

Rood v. New York State Teamsters Conference Pension and Retirement Fund et al

Plaintiff:	Paul J. Rood
Defendant:	The Board of Trustees of the New York State Teamsters Conference Pension and Retirement Fund and New York State Teamsters Conference Pension and Retirement Fund
Case Number:	5:2013cv00435
Filed:	April 19, 2013
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Onondaga
Presiding Judge:	Andrew T. Baxter
Presiding Judge:	Lawrence E. Kahn
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By:	None

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Date Filed	Document Text
August 20, 2014	Filing 21 MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 15) for summary judgment is DENIED; and it is further ORDERED, that Plaintiffs Motion (Dkt. No. 16) for summary judgment is GRANTED; and it is further ORDERED that it is hereby DECLARE D that the portion of Plaintiffs workers compensation settlement award allocated as a Medicare set-aside constitutes, for the purposes of § 7.03(i) of the Plan, an amount used to offset another payment source to which Plaintiff is entitled; and it is further ORDERED, that Defendants recalculate Plaintiffs disability pension benefits consistent with this Memorandum-Decision and Order, and pay Plaintiff all past due benefits plus prejudgment interest at a rate of 9% per annum; and it is further ORDERED, that, pursuant to 29 U.S.C. § 1132(g), Defendants shall pay Plaintiff attorneys fees and costs in an amount to be determined by the Court at a later date. Plaintiff is ordered to file a motion concerning the amount of attorneys fees and costs for which he seeks reimbursement within fourteen (14) days of the filing date of this Memorandum-Decision and Order. Defendant shall have fourteen (14) days from the filing date of Plaintiffs motion to respond; and it is further ORDERED, that the Clerk enter judgment for Plaintiff and close this case. Signed by Senior Judge Lawrence E. Kahn on August 20, 2014. (sas)
July 2, 2013	Filing 12 ORDER: granting the # 8 Motion for Limited Admission Pro Hac Vice as to Donald L. Havermann, Esq., for defendants. Signed by US Magistrate Judge Andrew T. Baxter on 7/2/2013. (jmb)

Date Filed

Document Text

August 20, 2014

Filing 21 MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 15) for summary judgment is DENIED; and it is further ORDERED, that Plaintiffs Motion (Dkt. No. 16) for summary judgment is GRANTED; and it is further ORDERED that it is hereby DECLARE D that the portion of Plaintiffs workers compensation settlement award allocated as a Medicare set-aside constitutes, for the purposes of § 7.03(i) of the Plan, an amount used to offset another payment source to which Plaintiff is entitled; and it is further ORDERED, that Defendants recalculate Plaintiffs disability pension benefits consistent with this Memorandum-Decision and Order, and pay Plaintiff all past due benefits plus prejudgment interest at a rate of 9% per annum; and it is further ORDERED, that, pursuant to 29 U.S.C. § 1132(g), Defendants shall pay Plaintiff attorneys fees and costs in an amount to be determined by the Court at a later date. Plaintiff is ordered to file a motion concerning the amount of attorneys fees and costs for which he seeks reimbursement within fourteen (14) days of the filing date of this Memorandum-Decision and Order. Defendant shall have fourteen (14) days from the filing date of Plaintiffs motion to respond; and it is further ORDERED, that the Clerk enter judgment for Plaintiff and close this case. Signed by Senior Judge Lawrence E. Kahn on August 20, 2014. (sas)

July 2, 2013

Filing 12 ORDER: granting the # 8 Motion for Limited Admission Pro Hac Vice as to Donald L. Havermann, Esq., for defendants. Signed by US Magistrate Judge Andrew T. Baxter on 7/2/2013. (jmb)

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Defendant: The Board of Trustees of the New York State Teamsters Conference Pension and Retirement Fund
Represented By:	Vincent M. DeBella
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Defendant: New York State Teamsters Conference Pension and Retirement Fund
Represented By:	Vincent M. DeBella
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Plaintiff: Paul J. Rood
Represented By:	Carla N. McKain
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