Upstate New York Engineers Health Fund et al v. All Ways Concrete Pumping LLC et al
| Upstate New York Engineers Pension Fund, Upstate New York Operating Engineers Local 158, Upstate New York Engineers Training Fund, Upstate New York Engineers Health Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Upstate New York Engineers S.U.B. Fund and Local 106 Training and Apprenticeship Fund |
| Diana L. Sroka, All Ways Concrete Pumping LLC and Kenneth A. Sroka |
| Gustave J. DiBianco and Mark Sonders |
| 5:2020cv01429 |
| November 20, 2020 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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| Filing 130 ANSWER to #88 Amended Complaint, , COUNTERCLAIM against Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 by All Ways Concrete Pumping LLC, Kenneth A. Sroka, Diana L. Sroka.(Bartrom, Adam) |
Filing 129
TEXT ORDER: The deadlines and schedules are re-set as follows: (1) all discovery, including all depositions, shall be completed by 3/20/2023; and (2) dispositive motions shall be filed by 4/24/2023. The parties are advised and cautioned that these deadlines and schedules are final and will not be extended any further. Any discovery disputes shall be promptly addressed by the parties and if unable to be resolved after conferral by the parties, shall be promptly presented to the Court by way of letter motion. Hearings shall be promptly scheduled by the Court and will be conducted In Person, in Binghamton, New York. If a Hearing is necessary, it will be scheduled with very little notice to the parties. The parties should clear their calendars accordingly. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/5/2023.(jdp )
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Filing 128
MEMORANDUM-DECISION and ORDER: Defendants' #91 motion for more definite statement is DENIED; Defendants' #91 motion to dismiss is DENIED; Defendants shall file an answer to the amended complaint on or before January 26, 2023. Signed by Judge David N. Hurd on 1/4/2023. (mgh, )
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| ***Answer due date updated for All Ways Concrete Pumping LLC answer due 1/26/2023; Diana L. Sroka answer due 1/26/2023; Kenneth A. Sroka answer due 1/26/2023. (mgh) |
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Filing 127
TEXT ORDER: Motion #122 is GRANTED insofar as and to the extent that the unexpired deadlines and schedules as set forth in Dkt. No. 95, that is, the discovery deadline and the dispositive motions filing deadline, are stayed until the District Judge issues a decision on motion to dismiss #91 . SO ORDERED by Magistrate Judge Miroslav Lovric on 12/12/2022. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 12/12/2022 to address Defendants Motion to Stay #122 and Plaintiffs Response #125 . The Court heard argument from the parties. The Court rendered its decision, analysis and reasoning on the record. The Court granted Defendants motion #122 . Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq. and A. Bartrom, Esq., for Defendants; proceeding was audio recorded. (time: 11:50AM - 12:50PM) (jdp ) |
| Filing 126 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #125 Response in Opposition to Motion,, (Clark, Jennifer) |
| Filing 125 RESPONSE in Opposition re #122 MOTION to Stay Discovery Pending the Determination of Defendants' Pending Motion to Dismiss / Motion for a More Definite Statement filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Attachments: #1 Memorandum of Law in Opposition to Defendants' Motion to Stay Discovery)(Clark, Jennifer) |
| Filing 124 TRANSCRIPT of Proceedings: Motions hearing held on November 2, 2022 before Judge Miroslav Lovric, Court Reporter/Transcriber: Ruth I. Lynch, Telephone number: 607 779 2612. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2022. Redacted Transcript Deadline set for 12/22/2022. Release of Transcript Restriction set for 2/21/2023. Notice of Intent to Redact due by 11/28/2022 (Lynch, Ruth) |
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Filing 123
TEXT ORDER: Plaintiffs are directed to file a response by 12/6/2022 to Defendants Motion to Stay #122 . The on the record Hearing is continued to 12/12/2022 at 12:00 p.m, via Teams telephone conference. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/16/2022.(jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 11/16/2022 to address Plaintiffs Letter Motion #119 and Defendants Motion to Stay #122 . The Court heard from the parties. Plaintiffs intend to file a written response to Defendants Motion to Stay #122 and will do so by 12/6/2022. An on the record Hearing is continued to 12/12/2022 at 12:00 p.m, via Teams telephone conference. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq. and A. Bartrom, Esq., for Defendants; and R. Lynch, Court Reporter. (jdp ) |
| Filing 122 MOTION to Stay Discovery Pending the Determination of Defendants' Pending Motion to Dismiss / Motion for a More Definite Statement filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 12/6/2022 (Attachments: #1 Memorandum of Law) Motions referred to Miroslav Lovric. (Slovick, David) |
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Filing 121
TEXT ORDER: Letter Motion #119 is GRANTED insofar as and to the extent that an on the record conference is scheduled for 11/16/2022 at 1:00 p.m., via Teams telephone conference. The courtroom deputy will email the parties a Teams link to join the telephone conference. The deadlines and schedules as set forth in Text Order 95 remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/15/2022.(jdp)
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| Filing 120 TRANSCRIPT REQUEST by All Ways Concrete Pumping LLC for proceedings held on November 2, 2022 before Judge Miroslav Lovric.. (Slovick, David) |
| Filing 119 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Conference with the Court submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 11/2/2022 to address Plaintiffs Motions [102, 106, 107] and Defendants Response #117 . The Court heard arguments from the parties. For the reasons set forth on the record, Plaintiffs Motions [102, 106, 107] are GRANTED In Part and DENIED In Part, and as specifically set forth on the record. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq., for Defendants; and R. Lynch, Court Reporter. (jdp ) |
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Filing 118
TEXT ORDER: Pursuant to the Hearing held on 11/2/2022 and as specifically set forth at that proceeding, (1) Plaintiffs are authorized to conduct 13 depositions in this matter pursuant to the rules, and (2) Plaintiffs motion for a Protective Order seeking to limit Defendants inquiry and examination of 30(b)(6) witnesses at depositions is DENIED. The deadlines and schedules as set forth in Text Order 95 remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/2/2022.(jdp)
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| Filing 117 RESPONSE to Motion re #102 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New And Motion for Protective Order to Preclude 30(B)(6) Testimony from the Union filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Slovick, David) |
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Filing 116
TEXT ORDER: Letter Motion #113 is GRANTED insofar as and to the extent that: (1) the Hearing scheduled for 10/25/2022 is RE-SCHEDULED for 11/2/2022 at 3:00 p.m., In Person, in Binghamton, New York. Appearances are required. The deadlines and schedules as set forth in Text Order 95 remain in effect. These deadlines will not be extended any further. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/17/2022. (jdp )
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| ADR COMPLETED - Case did not settle. Attorney Mark R. Sonders terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal) |
| Filing 115 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 10/13/22. Total Hours Spent by Mediator: 4.5; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Sonders, Mark) |
| Filing 114 CONFIDENTIALITY AGREEMENT (Sonders, Mark) |
| Filing 113 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Adjournment of October 25, 2022 Hearing submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
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Filing 112
TEXT ORDER: Letter Motion #111 is DENIED, without prejudice. As the parties will recall, the Court gave the parties specific instructions at the Rule 16 conference as to requirements in seeking an adjournment. The Court informed the parties that a party seeking to adjourn a scheduled conference is directed to, (1) confer with all other counsel, (2) all parties/counsel must jointly agree and jointly select 4 dates and 4 times that all parties are available as to an adjournment date, (3) the moving party shall file a letter motion setting forth the 4 dates/times that all parties are available for the matter to be adjourned. Thereafter, the Court will select one of the four suggested dates/times that is available on the Court calendar and adjourn the matter accordingly. The current letter motion gives the Court no indication as to when all parties are available for the matter to be adjourned. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/6/2022. (jdp)
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| Filing 111 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Rescheduling of October 25, 2022 Hearing submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
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Filing 110
TEXT ORDER: Letter Motion #108 is GRANTED insofar as and to the extent that: (1) in light of the filing of affidavit and memorandum [106, 107] on 10/5/2022, the schedules set forth in Text Order 103 are extended and re-scheduled; (2) responses to Motions [102, 106, 107] shall be filed by 10/19/2022. Replies are not authorized. An on the record Hearing is scheduled for 10/25/2022 at 2:00 p.m., In Person, in Binghamton, New York. Appearances are required. The deadlines and schedules as set forth in Text Order 95 remain in effect. These deadlines will not be extended any further. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/6/2022. (jdp )
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| Filing 109 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #106 Affidavit in Support of Motion,,, #107 Memorandum of Law, (Clark, Jennifer) |
| Filing 108 Letter Motion from Adam Bartrom, Esq. for All Ways Concrete Pumping LLC, All Ways Concrete Pumping LLC, Diana L. Sroka, Diana L. Sroka, Kenneth A. Sroka, Kenneth A. Sroka requesting the Court either strike Plaintiffs' tardy filing or extend Defendants' deadline to respond to Plaintiffs' Motion and supporting papers for one week, to and including October 12, 2002 submitted to Judge Miroslav Lovric . (Bartrom, Adam) |
| Filing 107 MEMORANDUM OF LAW re #102 Letter Request/Motion,, #106 Affidavit in Support of Motion,,, filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 106 AFFIDAVIT in Support re #102 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Attachments: #1 Affidavit (Supplemental) of Michael Lyons with Exhibits in Support of Motion to Depose More than Ten (10) Witnesses and for a Protective Order)(Clark, Jennifer) |
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Filing 105
TEXT ORDER: Letter Motion #104 is GRANTED, in that, Motion [100, 101] is DENIED as MOOT. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/3/2022. (jdp )
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| Filing 104 Letter Motion from Adam A. Bartrom, Esq. for All Ways Concrete Pumping LLC, All Ways Concrete Pumping LLC, Diana L. Sroka, Diana L. Sroka, Kenneth A. Sroka, Kenneth A. Sroka requesting to withdraw Defendants' Motion to Quash Subpoenas submitted to Judge Lovric . (Bartrom, Adam) |
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Filing 103
TEXT ORDER: Responses to Motions [100, 102] shall be filed by 10/6/2022. An on the record Hearing is scheduled for 10/11/2022 at 1:00 p.m., In Person, in Binghamton, New York. Appearances are required. The deadlines and schedules as set forth in Text Order 95 remain in effect. These deadlines will not be extended any further. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/23/2022.(jdp )
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| Set/Reset Deadlines as to #100 MOTION to Quash Subpoenas filed by All Ways Concrete Pumping LLC., #102 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New. Response to Motion due by 10/6/2022 (jdp ) |
| Filing 102 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Conference with the Court or Permission to File a Discovery Motion submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
| Filing 101 MEMORANDUM OF LAW re #100 Motion to Quash Subpoenas filed by All Ways Concrete Pumping LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Slovick, David) |
| Filing 100 MOTION to Quash Subpoenas filed by All Ways Concrete Pumping LLC. Response to Motion due by 10/6/2022 Motions referred to Miroslav Lovric. (Slovick, David) |
| Filing 99 REPLY to Response to Motion re #91 MOTION to Dismiss Or, In the Alternative, For a More Definite Statement filed by Diana L. Sroka, Kenneth A. Sroka. filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Slovick, David) |
| Filing 98 NOTICE of Appearance by Adam Bartrom on behalf of All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka (Bartrom, Adam) |
| Filing 97 RESPONSE in Opposition re #91 MOTION to Dismiss Or, In the Alternative, For a More Definite Statement filed by Diana L. Sroka, Kenneth A. Sroka. filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Attachments: #1 Exhibit(s) B (Amended Complaint) to Affidavit of Jennifer A. Clark, #2 Exhibit(s) B (Stipulation Amending Complaint) and Exh. C (Letters providing audits to Defendants), #3 Memorandum of Law in Opposition to Defendants' Motion to Dismiss or, in the Alternative, for a More Definite Statement)(Clark, Jennifer) |
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Filing 96
ORDER granting #94 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 8/29/202. (jdp )
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Filing 95
TEXT ORDER: Motion #92 is GRANTED insofar as and to the extent that the following deadlines are extended as follows: (1) Defendants deadline to produce expert witness reports is extended to September 20, 2022; (2) Plaintiffs deadline to produce any rebuttal expert witness reports is extended to October 20, 2022; and (3) the parties shall complete mandatory mediation by October 27, 2022. All other deadlines remain in effect, in that, all discovery, including all depositions, shall be completed by February 3, 2023 and all dispositive motions shall be filed by March 31, 2023. The parties are advised and cautioned that these deadlines and schedules are final and will not be extended any further. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/29/2022. (jdp )
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| Reset Deadlines: Discovery due by 2/3/2023. Defendants Expert Disclosure Deadline is 9/20/2022. Rebuttal Expert Disclosure Deadline is 10/20/2022. Motions to be filed by 3/31/2023. Deadline for completion of Mandatory Mediation is 10/27/2022. (jdp ) |
| Filing 94 MOTION for Limited Admission Pro Hac Vice of Adam Bartrom, Esq. Filing fee $100, receipt number ANYNDC-6013510. (Attachments: #1 Declaration Declaration of Sponsor, #2 Petition for Admission, #3 E-Filing Form, #4 Cert. of Good Standing, #5 Proposed Order/Judgment Proposed Order) Motions referred to Miroslav Lovric. (Doherty, Glen) |
| Filing 93 AFFIDAVIT in Opposition re #92 MOTION for 21-Day Extension of Time for Defendants to Submit Expert Report filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Attachments: #1 Exhibit(s) A - B to Affidavit of Jennifer Clark)(Clark, Jennifer) |
| Filing 92 MOTION for 21-Day Extension of Time for Defendants to Submit Expert Report filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 9/15/2022 (Attachments: #1 Exhibit(s) A - 7-25-2022 and 8-22-2022 Emails from Adam Bartrom to Jennifer Clark, #2 Exhibit(s) B - 8-23-2022 Letter from Jennifer Clark to Adam Bartrom) Motions referred to Miroslav Lovric. (Slovick, David) |
| Filing 91 MOTION to Dismiss Or, In the Alternative, For a More Definite Statement filed by Diana L. Sroka, Kenneth A. Sroka and All Ways Concrete Pumping LLC. Response to Motion due by 8/30/2022. Reply to Response to Motion due by 9/6/2022 (Attachments: #1 Exhibit(s) A) (Slovick, David) Modified on 8/10/2022 (mgh). |
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Filing 90
TEXT ORDER: The request in Stipulation #89 is GRANTED insofar as and to the extent that the following deadlines are extended as follows: (1) Defendants deadline to produce expert witness reports is extended to August 30, 2022; and (2) Plaintiffs deadline to produce any rebuttal expert witness reports is extended to September 29, 2022. All other deadlines remain in effect, in that: (3) the parties shall complete mandatory mediation by October 3, 2022; (4) all discovery, including all depositions, shall be completed by February 3, 2023; and (5) all dispositive motions shall be filed by March 31, 2023. These deadlines and schedules are final and will not be extended any further. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/2/2022. (jdp )
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| Filing 89 STIPULATION to Extend Time to Produce Expert Witness Reports by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Slovick, David) |
| ***Answer to Amended Complaint due date updated for All Ways Concrete Pumping LLC answer due 8/9/2022; Diana L. Sroka answer due 8/9/2022; Kenneth A. Sroka answer due 8/9/2022. (mgh) |
| Filing 88 AMENDED COMPLAINT against All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka filed by Upstate New York Engineers Training Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Operating Engineers Local 158, Upstate New York Engineers S.U.B. Fund.(Clark, Jennifer) |
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Filing 87
ORDER granting #86 Stipulation. The Amended Complaing shall be filed by 7/29/2022. Signed by Magistrate Judge Miroslav Lovric on 7/26/2022. (jdp)
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Filing 86
STIPULATION and Order Amending Complaint by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 submitted to Judge Miroslav Lovric. (Attachments: #1 Exhibit(s) Exhibit A - Proposed Amended Complaint)(Clark, Jennifer)
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Filing 85
TEXT ORDER: The deadlines and schedules in this matter are re-set as follows: (1) By June 1, 2022, Plaintiffs are required to complete all payroll audits covering the period through December 31, 2021, and provide to Defendants copies of the audit reports; (2) Any motion to join any person as a party to the action and any motion to amend any pleading in this action shall be made by August 1, 2022; (3) Plaintiffs expert witness disclosures are due by June 1, 2022; (4) Defendants expert witness disclosures are due by July 29, 2022; (5) All parties rebuttal expert witness disclosures are due by August 29, 2022; (6) The parties shall complete mandatory mediation by October 3, 2022; (7) All discovery, including all depositions, shall be completed by February 3, 2023; and (8) All dispositive motions shall be filed by March 31, 2023. Non-dispositive motions and discovery disputes are addressed by the Court on a rolling basis and the parties should not delay in seeking court intervention after conferral on the matter does not resolve the issue. These deadlines and schedules are final and will not be extended any further. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/8/2022. (jdp )
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| Filing 84 STATUS REPORT by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 83 STATUS REPORT Regarding Extension of Deadlines by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Exhibit(s) A - Redlined Stipulation and Order Amending Uniform Pretrial Scheduling Order, #2 Exhibit(s) B - Email Communications)(Slovick, David) |
| Set Deadlines: Status Reports due by 4/4/2022. (jdp ) |
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Filing 82
TEXT ORDER: Pursuant to the Hearing held on 3/28/2022 and as specifically set forth at that proceeding, (1) Plaintiffs Motion #71 to Compel Discovery and Seeking Sanctions is DENIED, without prejudice, (2) Defendants Motion #75 Seeking Sanctions is DENIED, without prejudice, and (3) Plaintiffs motion seeking to extend the schedules and deadlines is GRANTED insofar as and to the extent that the parties shall file a joint status report by 4/4/2022 proposing new schedules and deadlines for the Courts consideration. The Court will re-set the deadlines and schedules after the filing of the 4/4/2022 status report. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/28/2022.(jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 3/28/2022 to address Plaintiffs Motion #71 to Compel Discovery and Seeking Sanctions, and Defendants Motion #75 Seeking Sanctions. The Court heard arguments from the parties. For the reasons set forth on the record, Plaintiffs Motion #71 to Compel Discovery and Seeking Sanctions, and Defendants Motion #75 Seeking Sanctions are all DENIED, without prejudice. Plaintiffs motion seeking to extend the schedules and deadlines is GRANTED insofar as and to the extent that the parties shall file a joint status report by 4/4/2022 proposing new schedules and deadlines for the Courts consideration. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq., for Defendants, and R. Lynch, Court Reporter. (jdp) |
| Filing 81 REPLY to Response to Motion re #75 MOTION for Sanctions filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Exhibit(s) A-Letter Correspondence, #2 Exhibit(s) B-Email Correspondence)(Slovick, David) |
| Filing 80 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #79 Response in Opposition to Motion,, (Clark, Jennifer) |
| Filing 79 RESPONSE in Opposition re #75 MOTION for Sanctions filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Memorandum of Law in Opposition to Defendants' Motion for Sanctions filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 78 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #77 Reply to Response to Motion,,, (Clark, Jennifer) |
| Filing 77 REPLY to Response to Motion re #71 MOTION to Compel Discovery and Compliance with the Court's July 23, 2021 Order filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstat filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Motion to Compel Discovery and Compliance with the Court's July 23, 2021 Order)(Clark, Jennifer) |
| Reset Deadlines as to #75 MOTION for Sanctions filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 3/17/2022. Reply to Response to Motion due by 3/24/2022. The In Person Hearing remains scheduled for 3/28/2022 at 1:00 p.m. in Binghamton, New York. (jdp ) |
| Filing 76 MEMORANDUM OF LAW re #75 Motion for Sanctions and Opposition to Plaintiff's Motion to Compel Discovery filed by Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Exhibit(s) A- Email, #2 Exhibit(s) B-Letter, #3 Exhibit(s) C-Declaration, #4 Exhibit(s) D-Declaration, #5 Exhibit(s) E-Letter)(Slovick, David) |
| Filing 75 MOTION for Sanctions filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 3/23/2022. Reply to Response to Motion due by 3/30/2022 (Slovick, David) |
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Filing 74
TEXT ORDER: Letter Motion #73 is GRANTED insofar as and to the extent that the deadline for Defendants to respond to the motion to compel is extended to 3/2/2022 and any reply shall be filed by 3/9/2022. The In Person Hearing remains scheduled for 3/28/2022 at 1:00 p.m. in Binghamton, New York. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/22/2022. (jdp )
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| Filing 73 Letter Motion from David R. Slovick for All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka requesting Extension of Time to File submitted to Judge Hon. Miroslav Lovric . (Slovick, David) |
| Reset Deadlines as to #71 Motion to Compel. Response to Motion #71 due by 2/23/2022. Reply to Response to Motion #71 due by 3/2/2022. Motion Hearing is set for 3/28/2022 at 1:00 PM at 15 Henry Street, Binghamton, NY before Magistrate Judge Miroslav Lovric. (jdp ) |
| Filing 72 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #71 MOTION to Compel Discovery and Compliance with the Court's July 23, 2021 Order filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstat (Clark, Jennifer) |
| Filing 71 MOTION to Compel Discovery and Compliance with the Court's July 23, 2021 Order filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. Response to Motion due by 3/2/2022 (Attachments: #1 Affirmation of Timothy Dooley in Support of Motion to Compel Discovery with Exhibits A through C, #2 Affirmation of Jennifer A. Clark in Support of Motion to Compel Discovery and Compliance with the Court's July 23, 2021 Order, #3 Exhibit(s) A and B to Clark Affirmation, #4 Exhibit(s) C to Clark Affirmation, #5 Exhibit(s) D through G to Clark Affirmation, #6 Memorandum of Law in Support of Plaintiffs' Motion to Compel Discovery and Compliance with the Court's July 23, 2021 Order) Motions referred to Miroslav Lovric. (Clark, Jennifer) |
| Filing 70 TRANSCRIPT of Proceedings: Hearing re: Motion to Compel held on 7/23/2021 before Judge Miroslav Lovric, Court Reporter/Transcriber: R. Lynch, Telephone number: 607-779-2612. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/4/2022. Notice of Intent to Redact due by 2/8/2022 (amt) |
| Filing 69 TRANSCRIPT REQUEST by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 for proceedings held on 07/23/2021 before Judge Miroslav Lovric.. (Clark, Jennifer) |
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Filing 68
TEXT ORDER: Letter Motion #67 is GRANTED insofar as and to the extent that Plaintiffs are directed to serve by 2/23/2022 responses and objections to Defendants First Set of Discovery Requests. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/25/2022. (jdp )
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| Filing 67 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Extension of Time to Respond to Defendants' Discovery Requests submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
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Filing 66
TEXT ORDER: Pursuant to the Hearing held on 1/19/2022 and as specifically directed at that proceeding, (1) the parties are directed to continue to confer and attempt to resolve their disputes as set forth in Dkt. Nos. 56, 64, & 65, (2) any motions to compel shall be filed by 2/9/2022, (3) any responses shall be filed by 2/23/2022, (4) any replies shall be filed by 3/2/2022, (5) an In Person Hearing will be conducted on 3/28/2022 at 1:00 p.m. in Binghamton, New York and counsel shall appear In Person. If no motions are filed by either party on 2/9/2022, the parties shall then file detailed status reports by 2/11/2022. Letter Motion #62 is GRANTED In Part and DENIED In Part insofar as and to the extent that the deadlines and schedules in Dkt. Nos. 18, 19, & 27 are STAYED and will be re-set once these disputes are resolved. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/19/2022. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 1/19/2022 to address Plaintiffs Letter Motion #56 , Defendants Response #64 , Plaintiffs Reply #65 , and Joint Letter Motion #62 . The Court heard arguments from the parties concerning their disputes and allegations made by both parties in their filings. The Court directed the parties to continue to confer and attempt to resolve their disputes. The Court set a motion schedule for any motions to compel. The current deadlines and schedules at Dkt. Nos. 18, 19 & 27 are STAYED. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq., for Defendants, and R. Lynch, Court Reporter. (jdp ) |
| Filing 65 REPLY to Response to Motion re #56 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 64 RESPONSE TO LETTER BRIEF filed by All Ways Concrete Pumping LLC, Diana L. Sroka as to 63 Order, . (Attachments: #1 Exhibit A, #2 Exhibit B)(Slovick, David) |
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Filing 63
TEXT ORDER: The parties shall be prepared to address Letter Motion #62 at the currently scheduled on the record Hearing on 1/19/2022 at 2:00 p.m., IN PERSON, in Binghamton, New York. In Person appearances from counsel are required. Defendants response to Letter Motion #56 remains due by 1/14/2022. The deadlines and schedules set forth in Dkt. Nos. [18, 19, 27] remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/12/2022. (jdp)
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| Filing 62 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers Training Fund, Upstate New York Operating Engineers Local 158 requesting Extension of Uniform Pretrial Scheduling Order submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
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Filing 61
TEXT ORDER: Letter Motion #60 is GRANTED insofar as and to the extent that the on the record Hearing scheduled for 1/3/2022 is Re-Scheduled for 1/19/2022 at 2:00 p.m., IN PERSON, in Binghamton, New York. In Person appearances from counsel are required. No later than 1/14/2022, Defendants shall file a detailed response to Plaintiffs Letter Motion #56 . The deadlines and schedules set forth in Dkt. Nos. [18, 19, 27] remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/27/2021. (jdp )
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| Filing 60 Joint Parties Letter Motion from David Slovick for All Ways Concrete Pumping LLC, All Ways Concrete Pumping LLC requesting Court Adjourn the 12-27-21 deadline to 1-14-22 submitted to Judge Honorable Miroslav Lovric . (Slovick, David) |
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Filing 59
TEXT ORDER: Letter Motion #58 is GRANTED insofar as and to the extent that the on the record Hearing scheduled for 12/13/2021 at 1:00 p.m. is Re-Scheduled for 1/3/2022 at 2:00 p.m., IN PERSON, in Binghamton, New York. In Person appearances from counsel are required. No later than 12/27/2021, Defendants shall file a detailed response to Plaintiffs Letter Motion #56 . The deadlines and schedules set forth in Dkt. Nos. [18, 19, 27] remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/13/2021. (jdp )
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| Filing 58 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Adjournment of December 13, 2021 Hearing submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
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Filing 57
TEXT ORDER: Letter Motion #56 is GRANTED insofar as and to the extent that an on the record Hearing is scheduled for 12/13/2021 at 1:00 p.m., IN PERSON, in Binghamton, New York. In Person appearances from counsel are required. No later than 12/10/2021, Defendants shall file a detailed response to Plaintiffs Letter Motion #56 . SO ORDERED by Magistrate Judge Miroslav Lovric on 12/3/2021. (jdp )
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| Filing 56 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Conference with the Court Concerning Discovery submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
| Filing 55 TEXT NOTICE Regarding Appointment of Mediator: Pursuant to General Order Number 47, the Court appoints Mark Sonders to serve as Mediator for this action. Counsel shall participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation.(sal ) |
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Filing 54
ORDER granting #51 Protective Order. Signed by Magistrate Judge Miroslav Lovric on 8/23/2021. (jdp )
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Filing 53
TEXT ORDER: Letter Motion #52 is GRANTED. In light of the fact that the parties have been unable to jointly select a mediator pursuant to Text Order 45 and in light of the filing of Letter Motion #52 , the clerks office is directed to select and assign a mediator from the mediator list, and enter the selection on CM/ECF. The mandatory mediation deadline at Dkt. No. #19 remains in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/23/2021. (jdp )
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| Filing 52 Letter Motion from David Slovick for All Ways Concrete Pumping LLC, All Ways Concrete Pumping LLC, Diana L. Sroka, Diana L. Sroka, Kenneth A. Sroka, Kenneth A. Sroka requesting that the Court select a mediator from the Court's Mediator List submitted to Judge Lovric . (Slovick, David) |
| Filing 51 AMENDED DOCUMENT by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Amendment to 50 Order,, - Protective Order. (Slovick, David) |
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Filing 50
TEXT ORDER: Defendants are directed to file by 8/20/2021 a clean version/non-redlined of the Protective Order contained in Dkt. No. 46 for endorsement by the Court and which (1) is signed by counsel for Defendants (Dkt. No. 49 version is not signed by counsel for Defendants), (2) has removed the signature block for Plaintiffs counsel on last page since Plaintiffs are not stipulating to this Protective Order, (3) remove the word Stipulated on page 1 and all subsequent pages since this is not a Stipulated Protective Order, rather, it is a Protective Order pursuant to motion of Defendants. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/18/2021. (jdp )
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| Filing 49 AMENDED DOCUMENT by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Amendment to 48 Order on Motion for Protective Order, . (Slovick, David) |
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Filing 48
TEXT ORDER: Amended Motion #46 is GRANTED. Defendants are directed to file by 8/18/2021 a clean version/non-redlined of the Protective Order contained in Dkt. No. #46 for endorsement by the Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/16/2021. (jdp )
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| Filing 47 STATUS REPORT by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
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Filing 46
Amended MOTION for Protective Order filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 9/2/2021 (Attachments: #1 Exhibit(s) Ex. A - Plaintiffs' Proposed Stipulated Protective Order (incorporating revisions ordered by Judge Lovric)) Motions referred to Miroslav Lovric. (Slovick, David)
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Filing 45
TEXT ORDER: For the reasons set forth on the record at the 8/6/2021 Hearing, Defendants Motion #43 is GRANTED in part and DENIED in part as specifically set forth at the Hearing. As to a proposed protective order, the Court will endorse a protective order that (1) contains the redline language in paragraphs 2, 8 & 11 of Exhibit A at Dkt. No. 43-1 but which otherwise contains all language in all other paragraphs of Exhibit A at Dkt. No. 44, and (2) which contains language at the end of the proposed order permitting either party to request that the Court amend the protective order. By 8/13/2021, Defendants may file a proposed protective order, consistent with the Court ruling of 8/6/2021, and advise whether the filing is by consent of the parties or a motion by Defendants. No later than 8/16/2021, Plaintiffs shall file a status report as to their position regarding the Defendants proposed protective order. The parties are directed to file status reports on 10/8/2021. The deadlines and schedules set forth in Dkt. Nos. [18, 27, 42] remain in effect. No later than 8/20/2021, the parties shall jointly select a new mediator and report their selection on CM/ECF. The mandatory mediation deadline at Dkt. No. #19 remains in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/10/2021. (jdp )
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| Reset Deadlines: Status Report due by 8/16/2021 as to their position regarding Defendants proposed protective order. Status Report due by 10/8/2021. Deadline for Mediator Selection is 8/20/2021. (jdp ) |
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 8/6/2021 to address Defendants Motion #43 and Plaintiffs Response #44 . The Court heard arguments from the parties. For the reasons set forth on the record at the Hearing, Defendants Motion #43 is GRANTED in part and DENIED in part as specifically set forth at the Hearing. As to a proposed protective order, the Court will endorse a protective order that (1) contains the redline language in paragraphs 2, 8 & 11 of Exhibit A at Dkt. No. 43-1 but which otherwise contains all language in all other paragraphs of Exhibit A at Dkt. No. 44, and (2) which contains language at the end of the proposed order permitting either party to request that the Court amend the protective order. By 8/13/2021, Defendants may file a proposed protective order, consistent with the Court ruling of 8/6/2021, and advise whether the filing is by consent of the parties or a motion by Defendants. No later than 8/16/2021, Plaintiffs shall file a status report as to their position regarding the Defendants proposed protective order. The parties are directed to file status reports on 10/8/2021. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq., for Defendants, and R. Lynch, Court Reporter. (jdp ) |
| Filing 44 AFFIDAVIT re 42 Order on Letter Request,,,, by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 43 MOTION for Protective Order filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 8/25/2021 (Attachments: #1 Exhibit(s) A - Plaintiffs' Proposed Stipulated Protective Order with BT Redline, #2 Exhibit(s) B - Defendants' Proposed Protective Order) Motions referred to Miroslav Lovric. (Slovick, David) |
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Filing 42
TEXT ORDER: For the reasons set forth in Plaintiffs Motion #39 and the arguments presented at the 7/23/2021 Hearing, Plaintiffs Motion #39 is GRANTED insofar and to the extent as set forth on the record at the 7/23/2021 Hearing. Defendants are Ordered: (1) to provide to Plaintiffs by 9/20/2021 all materials as requested by Plaintiffs in Request Nos. 1-9 of Plaintiffs Motion #39 ; (2) to provide to Plaintiffs by 10/4/2021 all materials as requested by Plaintiffs in Request Nos. 11-21 of Plaintiffs Motion #39 ; (3) to respond in detail, with full and complete answers, by 8/20/2021 to Plaintiffs Interrogatory Nos. 6-10 of Plaintiffs Motion #39 . By 8/4/2021, the parties are directed to file proposals regarding the issuance of a Rule 26 protective order. An In Person Hearing is scheduled for 8/6/2021 at 12:00 p.m. in Binghamton, New York. The deadlines and schedules set forth in Dkt. Nos. [18, 27] remain in effect. No later than 8/20/2021, the parties shall jointly select a new mediator and report their selection on CM/ECF. The mandatory mediation deadline at Dkt. No. 19 remains in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/23/2021. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 7/23/2021 to address Plaintiffs Motion #39 , Response #40 , and Reply #41 . The Court heard arguments from the parties. For the reasons set forth in Plaintiffs Motion #39 and the arguments at the Hearing, Plaintiffs Motion #39 is GRANTED insofar and to the extent as set forth on the record. By 8/4/2021, the parties are directed to file proposals regarding the issuance of a Rule 26 protective order. An in person Hearing is scheduled for 8/6/2021 at 12:00 p.m. in Binghamton, New York. The deadlines and schedules set forth in Dkt. Nos. 18, 27 remain in effect. No later than 8/20/2021, the parties shall jointly select a new mediator and report their selection on CM/ECF. The mediation deadline at Dkt. No. 19 remains in effect. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq., for Defendants, and R. Lynch, Court Reporter (jdp ) |
| Filing 41 AFFIDAVIT re #40 Response in Opposition to Motion,, by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 40 RESPONSE in Opposition re #39 Letter Motion from Jennifer A. Clark for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New York filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Exhibit(s) A - Letters to Jennifer Clark, #2 Exhibit(s) B - Defendants' proposed protective order)(Slovick, David) |
| Filing 39 Letter Motion from Jennifer A. Clark for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Court direct Defendants to produce books and records, properly answer Interrogatories and deny Defendants' request for a Protective Order submitted to Judge Miroslav Lovric 38 . (Attachments: #1 Affidavit of Theron Hogle)(Clark, Jennifer) |
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Filing 38
TEXT ORDER: A Hearing is scheduled for 7/23/2021 at 11:00 a.m., IN PERSON, in Binghamton, New York. No later than 7/8/2021, Plaintiffs shall file a letter motion specifically itemizing the documents, materials, and information, in the format specified during the 7/1/2021 conference call, as to which Plaintiffs seek for the Court to Order production from Defendants. No later than 7/15/2021, Defendants shall file a letter response specifically responding to each itemized point in Plaintiffs letter motion, in a format specified during the 7/1/2021 conference call. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/1/2021. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record telephone conference Hearing was held on 7/1/2021. The Court and parties discussed the disputes as set forth in status reports [28, 29], Affidavit 31, and Amended Affidavit 33. The Court scheduled a Hearing for 7/23/2021 at 11:00 a.m., IN PERSON, in Binghamton, New York. No later than 7/8/2021, Plaintiffs shall file a letter motion specifically itemizing the documents, materials, and information, in the format specified during the conference call, as to which Plaintiffs seek for the Court to Order production from Defendants. No later than 7/15/2021, Defendants shall file a letter response specifically responding to each itemized point in Plaintiffs letter motion, in a format specified during the conference call. Appearances: J. Clark, Esq. for Plaintiffs; A. Bartrom, Esq., for Defendants, and R. Lynch, Court Reporter. (jdp ) |
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Filing 37
TEXT ORDER: Motion #36 is GRANTED insofar as the on the record telephone conference Hearing scheduled for 6/22/2021 is hereby re-scheduled for 7/1/2021 at 11:00 a.m., via telephone conference. The parties are directed to continue to confer and attempt to resolve all their disputes as set forth in status reports #28 , #29 , Affidavit #31 , and Amended Affidavit #33 . SO ORDERED by Magistrate Judge Miroslav Lovric on 6/22/2021. (amt)
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| Filing 36 MOTION / Agreed Motion to Continue June 22, 2021 Status Conference filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. Response to Motion due by 7/12/2021 Motions referred to Miroslav Lovric. (Slovick, David) |
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Filing 35
TEXT ORDER: The parties are directed to continue to confer and attempt to resolve all their disputes as set forth in status reports [28, 29], Affidavit #31 , and Amended Affidavit #33 . No later than 6/9/2021, Defendants shall serve on Plaintiffs a written response addressing all remaining disputed discovery demands/requests as made by Plaintiffs, and Defendants shall also provide specific reasoning for any such objections. No later than 6/18/2021, the parties shall in good faith confer, discuss, and specifically attempt to resolve all remaining specific discovery disputes. An on the record telephone conference Hearing is scheduled for 6/22/2021 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/2/2021. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record telephone conference Hearing was held on 6/2/2021. The parties discussed the disputes as set forth in status reports [28, 29], Affidavit #31 , and Amended Affidavit #33 . The Court directed the parties to continue to confer and attempt to resolve all their disputes. No later than 6/9/2021, Defendants shall serve on Plaintiffs a written response addressing all remaining disputed discovery demands/requests as made by Plaintiffs, and Defendants shall also provide specific reasoning for any such objections. No later than 6/18/2021, the parties shall in good faith confer, discuss, and specifically attempt to resolve all remaining discovery disputes. An on the record telephone conference Hearing is scheduled for 6/22/2021 at 10:00 a.m. Appearances: J. Clark, Esq. for Plaintiffs; D. Slovick, Esq., A. Bartrom, Esq., for Defendants, and J. Stroffolino, Court Reporter. (jdp ) |
| Filing 34 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #33 Affidavit,, (Clark, Jennifer) |
| Filing 33 AMENDED AFFIDAVIT with Exhibits of Jennifer A. Clark in Response to Defendants' Request for a Confidentiality Agreement #29 by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Attachments: #1 Exhibit(s) A-C)(Clark, Jennifer) Modified on 5/27/2021 (mgh). |
| Filing 32 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #31 Affidavit, (Clark, Jennifer) |
| Filing 31 AFFIDAVIT of Jennifer A. Clark in Response to Defendants' Request for a Confidentiality Agreement #29 by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
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Filing 30
TEXT ORDER: In light of status reports [28, 29], an on the record Hearing is scheduled for 6/2/2021 at 10:00 a.m., via telephone conference. The parties should be prepared to address the discovery disputes set forth in status reports [28, 29]. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/25/2021. (jdp )
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| Filing 29 STATUS REPORT by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Exhibit(s) 1 - 6-14-2018 Email, #2 Exhibit(s) 2 - 1-31-2019 Letter, #3 Exhibit(s) 3 - 3-4-2019 Letter, #4 Exhibit(s) 4 - 4-4-2019 Letter, #5 Exhibit(s) 5 - 4-10-2019 Letter, #6 Exhibit(s) 6 - 5-20-2019 Letter, #7 Exhibit(s) 7 - 6-11-2019 Letter, #8 Exhibit(s) 8 - 9-6-2019 Letter, #9 Exhibit(s) 9 - 11-1-2019 Letter, #10 Exhibit(s) 10 - 11-22-2019 Letter, #11 Exhibit(s) 11 - 4-3-2020 Letter, #12 Exhibit(s) 12 - 5-13-2021 Letter with enclosed Confidentiality Agreement and Order)(Slovick, David) |
| Filing 28 STATUS REPORT by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
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Filing 27
TEXT ORDER: Letter motion #25 is GRANTED insofar as the deadlines to join parties and to amend the pleadings are extended until ninety (90) days after Defendants production of all books and records necessary to conduct the payroll audit and production of the information needed to address the identity of the responsible corporate officers. The parties shall file status reports by 5/24/2021 regarding the status of exchange of materials necessary to complete the audit, the status of completion of the audit, and the progress of all other discovery. All other deadlines and schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/3/2021. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a telephone conference was held on 5/3/2021. The parties discussed the disputes as set forth in status report #24 and letter motion #25 . Letter motion #25 is granted insofar as the deadlines to join parties and to amend the pleadings are extended until ninety (90) days after Defendants production of all books and records necessary to conduct the payroll audit and production of the information needed to address the identity of the responsible corporate officers. All other deadlines remain in effect. Status reports shall be filed by 5/24/2021. Appearances: J. Clark, Esq. for Plaintiffs; and D. Slovick, Esq., for Defendants. (jdp ) |
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Filing 26
TEXT ORDER: The Court will address Letter Motion #25 at the telephone conference currently scheduled for 5/3/2021 at 10:00 a.m. The parties should be prepared to address Letter Motion #25 and status report #24 at the conference. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/27/2021. (jdp )
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| Filing 25 Letter Motion from Jennifer A. Clark, Esq. for Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 requesting Extension of Time/Amendment of Case Management Deadlines submitted to Judge Miroslav Lovric . (Clark, Jennifer) |
| Filing 24 STATUS REPORT by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Slovick, David) |
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Filing 23
TEXT ORDER: On or before 4/26/2021, the parties shall file a detailed status report regarding (1) the progress of exchanging materials needed to conduct the audit, (2) a timeline for completion of the audit, and (3) the progress of the litigation. The telephone conference remains scheduled for 5/3/2021 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/1/2021.(jdp )
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| Filing 22 STATUS REPORT / Audit Status Report by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Slovick, David) |
| Filing 21 STATUS REPORT by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 20 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Honorable Gustave J. DiBianco has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Jennifer A. Clark and David S. Slovick. Dated: 03/23/2021(Clark, Jennifer) |
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Filing 19
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/24/2021. Deadline for completion of Mandatory Mediation is 1/31/2022. Signed by Magistrate Judge Miroslav Lovric on 2/24/2021. (jdp )
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Filing 18
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3. Preferred Trial Location: Syracuse. Joinder of Parties due by 5/1/2021. Amended Pleadings due by 5/1/2021. Discovery due by 1/31/2022. Plaintiffs Expert Disclosure Deadline is 11/2/2021. Defendants Expert Disclosure Deadline is 12/17/2021. Rebuttal Expert Disclosure Deadline is 1/3/2022. Motions to be filed by 2/28/2022. Deadline for completion of Mandatory Mediation is 1/31/2022. Signed by Magistrate Judge Miroslav Lovric on 2/24/2021. (jdp)
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Filing 17
TEXT ORDER: On or before 3/3/2021, the parties shall exchange mandatory disclosures. On or before 3/31/2021, the parties shall file a status report regarding the progress of the audit. On or before 4/26/2021, the parties are to file a status report regarding the progress of the litigation. A telephone conference is scheduled for 5/3/2021 at 10:00 a.m. The parties are directed to call 877-402-9753 and enter access 9983518. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/24/2021. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 2/24/2021. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 5/3/2021 at 10:00 a.m. Appearances: J. Clark, Esq. for Plaintiffs; and D. Slovick, Esq., for Defendants. (jdp ) |
| Filing 16 CIVIL CASE MANAGEMENT PLAN by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 15 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #14 Answer to Counterclaim, (Clark, Jennifer) |
| Filing 14 REPLY TO DEFENDANT'S COUNTERCLAIM ANSWER to #13 Answer to Complaint, Counterclaim by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158.(Clark, Jennifer) |
| Filing 13 ANSWER to #1 Complaint,, , COUNTERCLAIM against All Plaintiffs by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka.(Paton, Scott) |
| Filing 12 NOTICE of Appearance by Glen P. Doherty on behalf of All Defendants (Doherty, Glen) |
| Filing 11 NOTICE of Appearance by Scott C. Paton on behalf of All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka (Paton, Scott) |
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Filing 10
TEXT ORDER: Motion #8 is GRANTED. Defendants are directed to file an answer or otherwise respond to Plaintiffs Complaint by January 25, 2021. The Rule 16 initial conference remains scheduled for 2/24/2021 at 10:00 a.m., via telephone conference. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/29/2020. (jdp )
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| Filing 9 RESPONSE to Motion re #8 First MOTION for Extension of Time to File Answer filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158. (Clark, Jennifer) |
| Filing 8 First MOTION for Extension of Time to File Answer filed by All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Memorandum of Law) Motions referred to Miroslav Lovric. (Slovick, David) |
| Filing 7 NOTICE of Appearance by David Slovick on behalf of All Defendants (Slovick, David) |
| Filing 6 SUMMONS Returned Executed by Upstate New York Engineers Pension Fund, Upstate New York Engineers Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New York Operating Engineers Local 158, Upstate New York Engineers S.U.B. Fund. All Defendants. (Clark, Jennifer) |
| ***Answer due date updated for All Ways Concrete Pumping LLC, Diana L. Sroka and Kenneth A. Sroka due 12/24/2020. (mgh) |
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Filing 5
TEXT ORDER: NEW TELEPHONE CONFERENCING INFORMATION -- the Courts teleconferencing number and access code have been changed. For all scheduled telephone conferences with the Court, the parties are directed to dial 877-402-9753 and enter access code 9983518. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/10/2020. (jdp )
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| Filing 4 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, 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, Upstate New York Operating Engineers Local 158 re #1 Complaint,, #2 Summons Issued served upon US Secretary of Labor and Secretaryof the Treasury (Clark, Jennifer) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/24/2021 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/17/2021. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 336-1839 and enter access code 5177238. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka. (Attachments: #1 Summons Issued as to Diana Sroka, #2 Summons as to Kenneth Sroka)(mgh) |
| Filing 1 COMPLAINT against All Ways Concrete Pumping LLC, Diana L. Sroka, Kenneth A. Sroka (Filing fee $400 receipt number ANYNDC-5323641) filed by Upstate New York Engineers Pension Fund, Upstate New York Engineers Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New York Operating Engineers Local 158, Upstate New York Engineers S.U.B. Fund. (Attachments: #1 Civil Cover Sheet)(mgh) |
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