Upstate New York Engineers Health Fund et al v. John F. and John P. Wenzel Contractors, Inc. et al
Plaintiff: Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Engineers Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers and Upstate New York Operating Engineers Local 158
Defendant: John F. and John P. Wenzel Contractors, Inc. and Mark C. Squires
Case Number: 5:2017cv00570
Filed: May 23, 2017
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Onondaga
Presiding Judge: Lawrence E. Kahn
Presiding Judge: David E. Peebles
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 14, 2019 Opinion or Order Filing 59 MEMORANDUM-DECISION AND ORDERED, that Plaintiffs Motion (Dkt. No. 41) is GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiffs request to strike Defendants third and fifth affirmative defenses is GRANTED as to (1) Defendants past practice defense to Plaintiffs ERISA section 515 claim; and (2) all of Defendants remaining equitable defenses insofar as asserted against the Union; and it is further ORDERED, that Plaintiffs request to strike Defendants third and fifth affir mative defenses is DENIED in all other respects; and it is further ORDERED, that the remaining requests for relief contained in Plaintiffs Motion for (1) a protective order precluding discovery concerning an alleged past practice or alleged oral agre ement, Mem. at 7; and (2) an order precluding the depositions of certain witnesses, id. at 20 - 23 are REFERRED to the Magistrate Judge for resolution in light of the Courts findings in this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on March 14, 2019. (sas)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Upstate New York Engineers Health Fund et al v. John F. and John P. Wenzel Contractors, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Upstate New York Engineers Health Fund
Represented By: Jennifer A. Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Upstate New York Engineers Pension Fund
Represented By: Jennifer A. Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Upstate New York Engineers S.U.B. Fund
Represented By: Jennifer A. Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Upstate New York Engineers Training Fund
Represented By: Jennifer A. Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Central Pension Fund of the International Union of Operating Engineers and Participating Employers
Represented By: Jennifer A. Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Upstate New York Operating Engineers Local 158
Represented By: Jennifer A. Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John F. and John P. Wenzel Contractors, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mark C. Squires
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?