Upstate New York Engineers Health Fund et al v. Fiacco and Riley Construction, Inc. et al
Plaintiff: Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, I.U.O.E. Local 158 Training Fund, Operating Engineers Local 17 Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, International Union of Operating Engineers, Local Union No. 17 and Upstate New York Operating Engineers, Local 158
Defendant: Fiacco and Riley Construction, Inc., Gene P. Frego, Kristin Frego and Connie L. Capone
Case Number: 5:2023cv01396
Filed: November 6, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Brenda K Sannes
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1104 Recovery of Benefits to Employee
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2023 Opinion or Order Filing 7 TEXT ORDER: Court has reviewed #5 Stipulation requesting an extension of time for defendants to respond to the complaint. Request granted and Defendants shall respond to complaint by 1/5/2024. Further requests to extend said time to respond, if any, must provide good cause for the request. The Rule 16 Conference remains as previously scheduled. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/20/2023. (sg)
December 20, 2023 Filing 6 NOTICE OF APPEARANCE by Jason B. Bailey on behalf of Connie L. Capone, Fiacco and Riley Construction, Inc., Kristin Frego, Gene P. Frego (Bailey, Jason)
December 20, 2023 Filing 5 STIPULATION re #1 Complaint,, Set/Reset Answer Deadline by Connie L. Capone, Fiacco and Riley Construction, Inc., Kristin Frego, Gene P. Frego submitted to Judge Therese Wiley Dancks. (Bailey, Jason) Modified on 12/20/2023 (sg, ).
December 1, 2023 ***Answer due date updated for Fiacco and Riley Construction, Inc., Gene P. Frego, Kristin Frego, and Connie L. Capone. Answer due date 12/20/23. (mmg).
November 30, 2023 Filing 4 SUMMONS Returned Executed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Upstate New York Engineers Pension Fund, I.U.O.E. Local 158 Training Fund, Operating Engineers Local 17 Training Fund, Upstate New York Operating Engineers, Local 158, Upstate New York Engineers Health Fund, International Union of Operating Engineers, Local Union No. 17, Upstate New York Engineers S.U.B. Fund. All Defendants. (Wagner, Kenneth)
November 7, 2023 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 2/5/2024 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/29/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mmg )
November 7, 2023 Filing 2 Summons Issued as to, Fiacco and Riley Construction, Inc., Gene P. Frego, Kristin Frego, Connie L. Capone. (Attachments: #1 Summons Issued as to Gene P. Frego, #2 Summons Issued as to Kristin Frego, #3 Summons Issued as to Connie L. Capone)(mmg) (Attachment 1 replaced on 11/7/2023) (mmg, ).
November 7, 2023 CLERK'S CORRECTION OF DOCKET ENTRY re #2 Summons Issued. Clerk has replaced Summons as to Gene P. Frego (attachment 1). The original Summons was missing the seal of the clerk of clerk. Corrected document has been uploaded with seal and Service will be regenerated for counsel. (mmg)
November 6, 2023 Filing 1 COMPLAINT against Connie L. Capone, Fiacco and Riley Construction, Inc., Kristin Frego, Gene P. Frego (Filing fee $402 receipt number ANYNDC-6504104) filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Upstate New York Engineers Pension Fund, I.U.O.E. Local 158 Training Fund, Operating Engineers Local 17 Training Fund, Upstate New York Operating Engineers, Local 158, Upstate New York Engineers Health Fund, International Union of Operating Engineers, Local Union No. 17, Upstate New York Engineers S.U.B. Fund. (Attachments: #1 Civil Cover Sheet)(mmg, )

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Plaintiff: Upstate New York Engineers Health Fund
Represented By: Kenneth L. Wagner
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Plaintiff: Upstate New York Engineers Pension Fund
Represented By: Kenneth L. Wagner
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Plaintiff: Upstate New York Engineers S.U.B. Fund
Represented By: Kenneth L. Wagner
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Plaintiff: I.U.O.E. Local 158 Training Fund
Represented By: Kenneth L. Wagner
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Plaintiff: Operating Engineers Local 17 Training Fund
Represented By: Kenneth L. Wagner
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Plaintiff: Central Pension Fund of the International Union of Operating Engineers and Participating Employers
Represented By: Kenneth L. Wagner
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Plaintiff: International Union of Operating Engineers, Local Union No. 17
Represented By: Kenneth L. Wagner
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Plaintiff: Upstate New York Operating Engineers, Local 158
Represented By: Kenneth L. Wagner
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Defendant: Fiacco and Riley Construction, Inc.
Represented By: Jason B. Bailey
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Defendant: Gene P. Frego
Represented By: Jason B. Bailey
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Defendant: Kristin Frego
Represented By: Jason B. Bailey
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Defendant: Connie L. Capone
Represented By: Jason B. Bailey
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