Silverman et al v. Miranda et al
Case Number: 1:2006cv13222
Filed: November 15, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Gabriel W. Gorenstein
Presiding Judge: Barbara S. Jones
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1145 E.R.I.S.A.
Jury Demanded By: None
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Date Filed Document Text
April 10, 2017 Opinion or Order Filing 384 OPINION AND ORDER re: 366 MOTION for Reconsideration re: 365 Clerk's Judgment Entered October 4, 2016 filed by Teamster Local 210 Affiliated Health and Insurance Fund, 370 CROSS MOTION for Sanctions filed by Herbert Pobiner, Janet Sachs, Leon Silverman, James Crowley, Paul Berkman, Louis Flacks, Union Mutual Medical Fund: For the reasons set forth above, Defendants' motion for reconsideration is DENIED, and Plaintiffs' cross-motion for sanctions is DENIED. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 366 & 370. (Signed by Judge Edgardo Ramos on 4/7/2017) (jwh) Modified on 4/10/2017 (jwh).
July 28, 2015 Opinion or Order Filing 321 OPINION AND ORDER: By Order dated July 22, 2015, this Court, inter alia, granted Defendants' Motion for Release of Funds held in escrow pursuant to a stipulation entered by the parties and approved by the Court on April 4, 2013 (the "Stipul ation"). Doc. 241, 287. The Clerk of the Court is respectfully directed to release the entire amount of the funds held in escrow, including any accrued interest, to Defendants, made payable to: Teamsters Local 210 Affiliated Health and Insurance Fund. (Signed by Judge Edgardo Ramos on 7/28/2015) (ama)
July 22, 2015 Opinion or Order Filing 320 OPINION AND ORDER re: 293 MOTION for Summary Judgment filed by Herbert Pobiner, Janet Sachs, Leon Silverman, James Crowley, Paul Berkman, Louis Flacks, Union Mutual Medical Fund, 291 CROSS MOTION for Attachment of the Funds in E scrow with the Clerk of the Court filed by Herbert Pobiner, Janet Sachs, Leon Silverman, James Crowley, Paul Berkman, Louis Flacks, Union Mutual Medical Fund, 287 MOTION for Release of Funds filed by Teamster Local 210 Affiliated H ealth and Insurance Fund, 300 MOTION for Summary Judgment filed by Teamster Local 210 Affiliated Health and Insurance Fund. For the reasons set forth above: Plaintiffs' Motion for Summary Judgment on counts one and two is DENIED. Pla intiffs' state law claims for breach of contract are preempted by LMRA Section 301. Should Plaintiffs wish to amend the Amended Complaint to assert violations of the LMRA they shall do so by August 21, 2015. Defendants' Motion for Summary J udgment is GRANTED in part and DENIED in part. Specifically, Defendants' motion for summary judgment on counts one and two is denied, the motion for summary judgment as to the abandonment or waiver of the breach of contract claims is denied, and the motion for summary judgment as to preemption of the breach of contract claims under LMRA Section 301 is granted. Plaintiffs' Motion for Pre-Judgment Attachment is DENIED. Defendants' Motion for Release of Funds is GRANTED. The Clerk of Court is respectfully directed to terminate the motions (Docs. 287, 291, 293, 300). (As further set forth in this Order.) (Amended Pleadings due by 8/21/2015.) (Signed by Judge Edgardo Ramos on 7/22/2015) (kko)
July 28, 2014 Opinion or Order Filing 265 OPINION AND ORDER re: 254 MOTION to Set Aside 241 Stipulation and Order, filed by Teamster Local 210 Affiliated Health and Insurance Fund. For the reasons set forth above, Defendant's motion to set aside the Stipulation is DENIED. The Clerk of the Court is respectfully directed to terminate the motion (Doc. 254). It is SO ORDERED. (Signed by Judge Edgardo Ramos on 7/28/2014) (ja)
April 20, 2010 Opinion or Order Filing 119 ORDER: A pre-trial conference in this matter is scheduled for April 26, 2010 at 10:45 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. All parties should be prepared to report to the Court on the status of the case, including their compliance with any scheduling orders or other court directives currently in effect. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/20/2010) (jpo)
November 16, 2009 Opinion or Order Filing 100 OPINION AND ORDER #98241 that for the reasons set forth herein, defendant Local 210 Fund's motion to dismiss is denied as to counts one and two of the amended complaint and granted as to count three. (Signed by Judge Barbara S. Jones on 11/16/09) (dle) Modified on 11/17/2009 (eef).
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