Severstal Wheeling, Inc. Retirement Committee et al v. WPN Corporation et al
| Severstal Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta, Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Richard Caruso, The Wheeling Corrugating Company Retirement Security Plan and The Salaried Employees' Pension Plan of Severstal Wheeling |
| WPN Corporation, Ronald Labow and WHX Corporation |
| 1:2010cv00954 |
| February 5, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Gabriel W Gorenstein |
| Laura Taylor Swain |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
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Filing 351
MEMO ENDORSED ORDER granting #350 Motion to Withdraw as Attorney. ENDORSEMENT: The foregoing request is granted. The Clerk's Office is respectfully directed to update the docket sheet in this action accordingly. Dkt. no. 350 resolved. SO ORDERED. Attorney Scott Michael Lempert terminated. (Signed by Judge Laura Taylor Swain on 3/4/2022) (mml)
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Filing 350
MOTION for Scott M. Lempert to Withdraw as Attorney . Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan..(Eisenkraft, Michael)
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Filing 349
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-25794647. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit Judgment - 4/21/16) Document Number of Related Judgment: #301 ..(Eisenkraft, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2022 (nd).
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Filing 348
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-25794250. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit Judgment - 8/12/2015) Document Number of Related Judgment: #258 ..(Eisenkraft, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2022 (nd).
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CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT ISSUED on March 1, 2022 as per the judgment docket entry #258 . Certification of judgment mailed with a pre-paid FedEx label, tracking #7761 7173 8090..(nd)
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CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT ISSUED on March 1, 2022 as per the judgment docket entry #301 . Certification of judgment mailed with a pre-paid FedEx label, tracking #7761 7173 8090...(nd)
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Filing 347
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc.. (Attachments: #1 Exhibit Judgment 8-12-2015) Document Number of Related Judgment: #258 ..(Rosen, Eric) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/21/2021 (km).
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Filing 346
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc.. (Attachments: #1 Exhibit Judgment 4-21-2016) Document Number of Related Judgment: #301 ..(Rosen, Eric) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/21/2021 (km).
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Filing 345
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number BNYSDC-25089170. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc.. (Attachments: #1 Exhibit Judgment 4-21-2016) Document Number of Related Judgment: #301 ..(Rosen, Eric) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/21/2021 (km).
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Filing 344
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-25089101. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc.. (Attachments: #1 Exhibit Judgment 8-12-2015) Document Number of Related Judgment: #258 ..(Rosen, Eric) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/21/2021 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT: Notice to Attorney Eric Rosen to RE-FILE Document No. #345 Proposed Clerk's Certification of a Judgment to be Registered in Another District #344 Proposed Clerk's Certification of a Judgment to be Registered in Another District. The filing is deficient for the following reason(s): Remove the signature date from the first page (the certification of judgment page). The clerk will add the date. Re-file the document using the event type Proposed Clerk's Certification of a Judgment to be Registered in Another District found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the correct entry date of the judgment. (km)
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CERTIFICATION OF JUDGMENT issued on September 21, 2021, as per the judgment at doc. #258. Certification of judgment mailed with a pre-paid FedEx label, tracking #7962 1902 1729.(km)
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CERTIFICATION OF JUDGMENT issued on September 21, 2021, as per the judgment at doc. #301. Certification of judgment mailed with a pre-paid FedEx label, tracking #7962 1902 1729.(km)
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Filing 343
ORDER ON PLAINTIFFS' NOTICE OF APPLICATION FOR COSTS FOR MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS' POST-JUDGMENT REQUESTS FOR PRODUCTION AND POST-JUDGMENT INTERROGATORIES AND FOR RELATED SANCTIONS: Pursuant to the Court's previous Order [ECF No, 333] and Plaintiffs' submission of their fees and expenses associated with bringing their Motion to Compel Further Responses to Plaintiffs' Post-Judgement Requests for Production and Post-Judgment Interrogatories and for Related Sanctions, and any response thereto, it is hereby ORDERED: and no objection having been filed by Defendants, Plaintiff's are awarded 35,080 in fees and $162.75 in costs. Within fourteen (14) days of this Order, Defendants shall pay Plaintiffs' counsel, Cohen Milstein Sellers & Toll, PLLC, a total of $35,242.75. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/06/2020) (ama)
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Filing 342
ORDER: granting #338 Motion to Withdraw as Attorney. The application of Daniel Cobrinik to be relieved as counsel for defendants Ronald LaBow and WPN Corporation (Docket # 338) is granted. The Clerk is directed to reflect on the docket sheet that defendant Ronald LaBow is proceeding pro se. The docket sheet shall reflect his address as: Ronald LaBow, 341 Peruvian Avenue, Palm Beach, FL 33480. The Court notes that the Pro Se Intake Unit at the United States Courthouse, 40 Centre Street, Room 105, New York, New York ((212) 805-0175) may be of assistance in connection with court procedures. Mr. LaBow has until December 31, 2019, to file any opposition to plaintiffs' application for costs dated November 19, 2019 (Docket # 335-37). SO ORDERED. Attorney Daniel Cobrinik terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/2019) Copies Mailed By Chambers. (ama)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 12/16/2019. (rch)
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Filing 341
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Scott M. Lempert dated December 9, 2019 re: Defense Counsel Daniel Cobrinik's motion to withdraw as counsel (ECF # 338). Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee.(Lempert, Scott)
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Filing 340
DECLARATION of Daniel Cobrinik in Support re: #338 FIRST MOTION for Daniel Cobrinik to Withdraw as Attorney for Defendants Ronald LaBow and WPN Corporation.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit Cobrinik email to LaBow 11.27.19, #2 Exhibit LaBow email to Cobrinik 12.4.19)(Cobrinik, Daniel)
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Filing 339
ORDER: The Court is in receipt of a motion from Daniel Cobrinik, attorney for defendants, dated November 21, 2019 (Docket # 338), seeking to withdraw as counsel. The Court hereby ORDERS as follows: Any party wishing to oppose this motion shall file opposition papers by December 9,2019. Any reply may be filed on December 12, 2019. A telephone conference on the motion will take place on December 16, 2019 at 4:30 p.m. In addition to Mr. Cobrinik, defendant Ronald LaBow is required to participate in this telephone conference unless an attorney has filed a notice of appearance on his behalf before December 16, 2019. Other parties are not required to participate. If other parties wish to participate, they shall inform Mr. Cobrinik. On or before December 6, 2019, Mr. Cobrinik shall file with the Court an affidavit or declaration indicating his compliance with paragraph 6 of this Order. And as set forth herein. SO ORDERED., ( Responses due by 12/9/2019, Replies due by 12/12/2019., Telephone Conference set for 12/16/2019 at 04:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/27/2019) (ama)
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Filing 338
FIRST MOTION for Daniel Cobrinik to Withdraw as Attorney for Defendants Ronald LaBow and WPN Corporation. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Text of Proposed Order Proposed Order to Withdraw as Attorney, #2 Affidavit Declaration in Support, #3 Exhibit Ex. A. District Court Judgment, #4 Exhibit Ex. B 2d Circuit Affirmance, #5 Exhibit Exhibit C: Order Compelling Post Judgment Discovery, #6 Exhibit Exhibit D: Letter from Defendant Ronald LaBow's Doctor)(Cobrinik, Daniel)
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Filing 337
PROPOSED ORDER. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee. Related Document Number: #333 . (Lempert, Scott) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 336
DECLARATION of Scott M. Lempert in Support. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee. (Lempert, Scott)
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Filing 335
NOTICE of Application of Costs re: #333 Order on Motion to Compel,,,,. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee. (Lempert, Scott)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Scott Lempert to RE-FILE Document #334 Bill of Costs Notice of Taxation. ERROR(S): Document #344 should not be titled as a Bill of Costs, that is for costs taxes by the Clerk, Pursunat to Local Rule 54.1. Change the Title of the Document to Notice of Application for Costs, then file using the event type Notice found under the event list Notices, edit the entry to Notice of Application for Costs, then separately file you Declaration, using the event type Declaration in Support of a Non-Motion, found under the event list Other Answers, then separately file the Proposed Order, found under the event list Proposed Orders. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #337 Proposed Order, was reviewed and approved as to form. (dt)
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Filing 334
FILING ERROR - DEFICIENT DOCUMENTS - BILL OF COSTS NOTICE OF TAXATION to recover costs against Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WHX Corporation, WPN Corporation. Document filed by Richard Caruso, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, William Drew Landon. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 12/3/2019 (Attachments: #1 Affidavit Declaration of Scott M. Lempert, #2 Text of Proposed Order)(Lempert, Scott) Modified on 11/20/2019 (dt). Modified on 11/20/2019 (dt).
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Filing 333
MEMO ENDORSEMENT: on ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS' POST-JUDGMENT REQUESTS FOR PRODUCTION AND POST-JUDGMENT INTERROGATORIES AND FOR RELATED SANCTIONS: granting #326 Motion to Compel. Plaintiffs' motion (Docket 326) is GRANTED. Within fourteen (14) days of this Order, Defendants shall produce all documents responsive to Plaintiffs' Post-Judgment Discovery Requests, including supplementation of responses already made, as described in Plaintiffs' February 2, 2018 deficiency letter attached as Exhibit G to the Declaration of Scott M. Lempert [ECF No.328]. Defendants are further ORDERED to pay Plaintiffs' reasonable costs and attorneys' fees incurred in bringing their Motion to Compel. Plaintiffs shall supply a summary of those costs and fees by November 19, 2019. Any response by defendants is due November 21, 2019. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/15/2019) Copies Sent By Chambers. (ama)
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Filing 332
ORDER: The time for defendants to respond to plaintiffs' motion to compel (Docket # 326) expired on November 12, 2019, see Local Civil Rule 6.1(a), without any opposition being filed. It is the Court's intention to grant the motion in light of the lack of opposition. If, however, defendants wish to seek an extension of their time to file papers opposing the motion, they shall file their request by November 14, 2019, showing good cause and excusable neglect under Fed. R. Civ. P. 6(b)(1)(B). SO ORDERED., ( Responses due by 11/14/2019) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/13/2019) (ama)
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Filing 331
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ALL DISCOVERY DISPUTES (DOC #326 and all other discovery disputes). Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 11/12/2019) (mro)
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Filing 330
ORDER: In light of Plaintiffs' pending Motion to Compel Further Responses to Plaintiffs' Post-judgment Requests for Production, (Docket Entry No. 326), and the Order of Reference to Magistrate Judge Gorenstein appertaining thereto, the status conference scheduled for Nov. 15, 2019, is adjourned sine die. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/12/2019) (jca)
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Filing 329
PROPOSED ORDER. Document filed by The Salaried Employees' Pension Plan of Severstal Wheeling. Related Document Number: [10-954]. (Lempert, Scott) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 328
DECLARATION of Scott M. Lempert in Support re: #326 FIRST MOTION to Compel WPN Coporation et al to Produce .. Document filed by Severstal Wheeling, Inc. Retirement Committee. (Lempert, Scott)
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Filing 327
MEMORANDUM OF LAW in Support re: #326 FIRST MOTION to Compel WPN Coporation et al to Produce . . Document filed by Severstal Wheeling, Inc. Retirement Committee. (Lempert, Scott)
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Filing 326
FIRST MOTION to Compel WPN Coporation et al to Produce . Document filed by Severstal Wheeling, Inc. Retirement Committee.(Lempert, Scott)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #329 Proposed Order was reviewed and approved as to form. (dt)
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Filing 325
ORDER granting #324 Letter Motion to Adjourn Conference. The conference is adjourned to November 15, 2019, at 11:30 a.m. DE #324 resolved. SO ORDERED. Status Conference set for 11/15/2019 at 11:30 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/2/2019) (kv)
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Filing 324
LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Scott M. Lempert & Daniel Cobrinik dated October 2, 2019. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee.(Lempert, Scott)
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Filing 323
STATUS REPORT. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee.(Lempert, Scott)
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Filing 322
ORDER. This matter is hereby reopened for post-judgment proceedings. Plaintiffs' application for approval of their proposed Plan of Allocation is DENIED for lack of subject matter jurisdiction. The parties are directed to meet and confer, and to file a joint status report on or before July 31, 2019. The Court will hold a status conference on October 4, 2019, at 11:00 a.m. in Courtroom 17C. SO ORDERED. (Status Conference set for 10/4/2019 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/21/2019) (rjm)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Motion Hearing held on 6/20/2019 re: #314 MOTION to Reopen Case Administratively filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee. Court Reporter Jennifer Thun present. MOTION HEARING held. As stated on the record, the Court granted the motion to reopen the case for post judgment proceedings and denied the motion for lack of subject matter jurisdiction. Parties are to confer and file a joint status report by 7/31/2019. A STATUS CONFERENCE is schedule for 10/04/2019 at 11:00am. ( Status Report due by 7/31/2019, Status Conference set for 10/04/2019 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain). (lan) Modified on 6/21/2019 (lan). Modified on 6/21/2019 (lan).
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Filing 321
LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Daniel Cobrinik dated 6/18/2019 re: #314 MOTION to Reopen Case Administratively. . Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 320
LETTER addressed to Judge Laura Taylor Swain from Scott M. Lempert dated May 31, 2019 re: Court's May 8, 2019 Order [ECF No. 315]. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit 1)(Lempert, Scott)
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Filing 319
ORDER: granting #318 Letter Motion to Adjourn Conference. The requested extension is Granted and the Conference is adjourned to June 20, 2019 at 2:00 p.m. DE # 318 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/14/2019) (ama)
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Set/Reset Deadlines as to #314 MOTION to Reopen Case Administratively. Motion Hearing set for 6/20/2019 at 02:00 PM before Judge Laura Taylor Swain. (ama)
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Filing 318
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Daniel Cobrinik dated May 10, 2019. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 317
ORDER GRANTING ADMISSION PRO HAC VICE granting #316 Motion for Scott M. Lempert to Appear Pro Hac Vice. DE #316 resolved. (Signed by Judge Laura Taylor Swain on 5/10/2019) (ks)
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Filing 316
MOTION for Scott M. Lempert to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-16847467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A Certificates of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Lempert, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #316 MOTION for Scott M. Lempert to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-16847467. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 315
ORDER: The Court has received and reviewed Plaintiffs' Motion to Reinstate Administratively Closed Case (the "Motion," Docket Entry No. 314). The above-referenced case was closed by the Clerk of Court on August 12, 2015, upon entry of a final judgment. (Clerk's Judgment, Docket Entry No. 258.) The Court will hold a conference regarding the motion on May 23, 2019 at 10:00 a.m. in Courtroom 17C. By May 20, 2019, Plaintiffs must file a letter explaining the reference in paragraph 7 of the Motion to "Class Member" plan participants, as the case was not brought as a class action. The Severstal Wheeling, Inc. Retirement Committee, individual committee members, and two employee benefit plans were the only named Plaintiffs. (See Third Amended Complaint, Docket Entry No. 184.) And as set forth herein. SO ORDERED., Set Deadlines/Hearing as to #314 MOTION to Reopen Case Administratively. ( Motion Hearing set for 5/23/2019 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/08/2019) (ama)
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Filing 314
MOTION to Reopen Case Administratively. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee.(Eisenkraft, Michael)
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Filing 313
NOTICE of Subpoena to Lauri Leah Cornell for Production of Documents. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Eisenkraft, Michael)
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Filing 312
ORDER of USCA (Certified Copy) as to #262 Notice of Appeal, filed by Ronald Labow, WPN Corporation USCA Case Number 15-2725. Appellees filed an unopposed motion pursuant to Section 502(g)(1) of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1132(g)(1), for an award of appellate attorneys fees and costs against Defendants-Appellants in the amount of $76,400.00 in fees and $1,185.16 in costs. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/23/2016. (tp)
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Filing 311
MEMO ENDORSEMENT granting #303 Motion to Withdraw as Attorney. ENDORSEMENT: The application is granted. DE # 303 resolved. Attorney Monya Monique Bunch terminated (Signed by Judge Laura Taylor Swain on 10/5/2016) (cf)
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Filing 310
Costs Taxed as to #307 USCA Mandate, USCA Case Number 15-2725. in the amount of $275.52. on 10/03/2016 in favor of Severstal Wheeling, Inc. Retirement Committee, Timothy S. Rogers, William Drew Landon, as named fiduciaries of the Wheeling Corrugating Company Retirement Security Plan, the Salaried Employee's Pension Plan of Severstal Wheeling, Inc., Richard Caruso, The Wheeling Corrugating Company Retirement Security Plan, The Salaried Employees' Pension Plan of Severstal Wheeling, Plaintiffs - Appellees, against WPN Corporation, in its own capacity and as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc., Ronald LaBow, in his individual capacity and as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc., Defendants - Appellants.. (nd)
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Filing 309
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on TD Bank on 7/7/16. Service was accepted by Devendra Sawh, Asst. Store Manager. **I hereby certify and return that I have not received any funds for case number 10 Civ. 954. Michael Greco, U.S. Marshal. Document filed by Severstal Wheeling, Inc. Retirement Committee. (sc)
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Filing 308
MANDATE of USCA (Certified Copy) as to #273 Amended Notice of Appeal, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan, #272 Notice of Appeal, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan. USCA Case Number 15-2866. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/21/2016. (nd)
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Filing 307
MANDATE of USCA (Certified Copy) as to #262 Notice of Appeal,, filed by Ronald Labow, WPN Corporation. USCA Case Number 15-2725. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/20/2016. (nd)
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Filing 306
JOINT STIPULATION AND ORDER DIRECTING DEFENDANTS TO NOT ENTER PREMISES: IT IS HEREBY STIPULATED AND AGREED, by Plaintiffs Severstal Wheeling, Inc. Retirement Committee, Timothy S. Rogers, William Drew Landon, and Richard Caruso ("Plaintiffs"), as judgment creditors under the Judgment entered on August 12, 2015 against Defendants Ronald LaBow and WPN Corporation ("Defendants"), which was subsequently modified in a Memorandum, Opinion and Order dated April 21, 2016 (Dkt. No. 300) and awarded on July 5, 2016 (Dkt. No. 304) states, as further set forth in this Order. (Signed by Judge Laura Taylor Swain on 9/6/2016) (cf)
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Filing 305
UNSIGNED ORDER TO SHOW CAUSE(for Temporary Stay of Auction of 44 East 67, Apartment 8DE, Scheduled for 11:00 AM on 9/7/16 and Return of Exempt Funds & Security for Future Exempt Funds) . Document filed by Myrna LaBow. (Attachments: #1 Exhibit, #2 Exhibit)(sc) Modified on 9/7/2016 (sc).
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Filing 304
ORDER: For the reasons set forth above, Ms. LaBow's Order to Show Cause application is denied. The Clerk of Court is directed to file Ms. LaBow's application on the ECF system. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 9/6/2016) Copies Mailed By Chambers. (cf)
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ABSTRACT OF JUDGMENT: issued on July 5, 2016, in favor of Severstal Wheeling, Inc. Retirement Committee c/o Cohen Milstein, Timothy S. Rogers, Richard Caruso, and William Drew Landon and against WPN Corporation and Ronald LaBow in the amount of $17,602,887.10. (Signed by Clerk of Court Ruby Krajick on 7/5/2016) (dt)
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Filing 303
MOTION for Monya M. Bunch to Withdraw as Attorney Motion and Notice Of Motion To Withdraw As Counsel. Document filed by Vincent D. Assetta, Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Bunch, Monya)
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Filing 302
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION for Monya M. Bunch to Withdraw as Attorney Motion And Notice Of Motion To Withdraw As Counsel. Document filed by Vincent D. Assetta, Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Barton, Robert) Modified on 6/1/2016 (ka).
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Terminate Transcript Deadlines (km)
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Filing 301
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated April 21, 2016, Plaintiffs' motion for attorneys' fees and costs is granted in part. The Court awards Plaintiffs attorneys' fees in the amount of $2,230,237.83 and costs in the amount of $394,531.51, for a total of $2,624,768.34. (Signed by Clerk of Court Ruby Krajick on 04/21/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
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Filing 300
MEMORANDUM OPINION AND ORDER re: #263 MOTION for Attorney Fees (Notice of Motion and Motion). filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan. Plaintiffs' motion for attorneys' fees and costs is granted in part. The Court awards Plaintiffs attorneys' fees in the amount of $2,230,237.83 and costs in the amount of $394,531.51, for a total of $ 2,624,768.34. The Clerk of Court is requested to enter judgment accordingly. This Order resolves docket entry number 263. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 4/21/2016) (spo)
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Transmission to Judgments and Orders Clerk. Transmitted re: #300 Memorandum & Opinion to the Judgments and Orders Clerk. (spo)
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Filing 299
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on All funds from Account Number 000000000030265 on 3/21/16. Service was accepted by Dhanmattic Khilall, Assistant Vice President. ** I hereby certify and return that, on 3/29/16, I received a check from Metrobank in the amount of $38,209.67, representing funds for the case number 10 Civ. 954. JUDGMENT PARTIALLY SATISFIED. Michael Greco, United States Marshal/Allison Honeymar, Deputy United States Marshal. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (sc)
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Filing 298
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution of Judgment served on All funds from Account number 6860832622 at TD Bank, 500 Fifth Ave., New York, NY 10022 on 3/25/16. Service was accepted by Kareena Cleveland, teller. ** I hereby certify and return that I have received a check from Metrobank on 3/29/16 in the amount of $38,209.67, representing funds for case number 10 Civ. 954. JUDGMENT PARTIALLY SATISFIED. Michael Greco, United States Marshal. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (sc)
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Filing 297
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution served on: All funds from account number 10858810 at Metropolitan Bank & Trust Company (Metrobank) on 3/22/16. Service was accepted by Fabian Lelay, Remittance Processor. ** I hereby certify and return that on 3/29/16 I received a check from Metrobank in the amount of $38,209.67, representing funds for case number 10 Civ. 954. JUDGMENT PARTIALLY SATISFIED. Michael Greco, U.S. Attorney. Document filed by William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (sc) Modified on 4/14/2016 (sc).
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Filing 296
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on All funds from Account no. UJ96187 4H at UBS Financial Services, Inc. on 3/22/16. Service was accepted by Sara Nordstrand, Litigation Paralegal. **I hereby certify and return that I received a check from Metrobank in the amount of $38,209.67, representing funds for case number 10 Civ. 954. JUDGMENT PARTIALLY SATISFIED. Michael Greco, United States Marshal. Document filed by Severstal Wheeling, Inc. Retirement Committee. (sc)
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Filing 295
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution served on Daniel Cobrink, P.C. on 2/10/16. Service was accepted by Yesenia Mena, Receptionist. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (sc)
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ABSTRACT OF JUDGMENT issued on April 11, 2016 in favor of Severstal Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Richard Caruso, and William Drew Landon and against WPN Corporation and Ronald LaBow in the amount of $15,016,327.74. (jk)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 4/6/2016. Court Reporter Karen Gorlaski present.TRO HEARING held. As stated on the record, the TRO shall remain in place until further order of this Court. Plaintiff is directed to submit a Consent Order or a Settle Order on 5-day notice. (lan)
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Filing 294
ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY granting #287 Motion to Withdraw as Attorney. The Motion for Matthew A. Smith to Withdraw as Attorney (ECF No. 287) is granted. Attorney Matthew Alexander Smith terminated. (Signed by Judge Laura Taylor Swain on 4/5/2016) Copies Mailed (spo)
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Filing 293
ORDER TO SHOW CAUSE FOR FORCED SALE OF CORPORATE REAL PROPERTY: Defendants shall show cause as to why an order should not be issued pursuant to CPLR 5236 to enforce the Court's August 12, 2015, judgment (ECF No. 258), the January 22, 2016, writ of execution and March 14, 2016, lien against Defendants WPN Corporation and Ronald LawBow by forcing a sale of the defendant WPN Corporation's unoccupied corporate apartment at 44 East 67th Street, #8D, New York, NY 10065, which Defendants have valued at approximately $7 million to satisfy defendants' outstanding judgment of $15,016,327.74 plus any application accrued interest and costs. Pending the hearing of plaintiff's application for execution against the property pursuant to CPLR 5236, Defendants are temporarily restrained and enjoined from disposing of the property or changing the occupancy status of the apartment to make it occupied or appear occupied by a person or persons where it previously had not been. Show Cause Hearing set for 4/6/2016 at 09:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/4/2016) (tro) Modified on 4/5/2016 (tro).
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Filing 292
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Michael Eisenkraft dated 4/4/2016 re: written request to close out docket # 288 in this action, terminating #288 Notice of Motion For Forced Sale of Corporate Real Property. ENDORSEMENT: SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/4/2016) (tro)
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Filing 291
DECLARATION of R. Joseph Barton in Support re: #288 MOTION Notice of Motion For Forced Sale of Corporate Real Property .. Document filed by Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barton, Robert)
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Filing 290
FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of R. Joseph Barton in Support re: #288 MOTION Notice of Motion For Forced Sale of Corporate Real Property . Document filed by Severstal Wheeling, Inc. Retirement Committee. (Barton, Robert) Modified on 4/4/2016 (db).
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Filing 289
MEMORANDUM OF LAW in Support re: #288 MOTION Notice of Motion For Forced Sale of Corporate Real Property . . Document filed by Severstal Wheeling, Inc. Retirement Committee. (Barton, Robert)
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Filing 288
MOTION Notice of Motion For Forced Sale of Corporate Real Property . Document filed by Severstal Wheeling, Inc. Retirement Committee.(Barton, Robert)
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Filing 287
MOTION for Matthew A. Smith to Withdraw as Attorney . Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Barton, Robert)
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ABSTRACT OF JUDGMENT issued on March 30, 2016 in favor of Severstal Wheeling, Inc. Retirement Committee c/o Cohen Milstein, Timothy S. Rogers, Richard Caruso, and William Drew Landon and against WPN Corporation and Ronald LaBow in the amount of $15,016,327.74. (jk)
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Filing 286
LETTER addressed to Judge Laura Taylor Swain from Daniel Cobrinik dated 3/16/2016 re: I am writing pursuant to the Court's March 14, 2016 Order, in response to the March 9, 2016 letter from Plaintiffs' counsel Matthew Smith. Plaintiffs seek leave to move to compel discovery, and as further specified in this letter. (rjm)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 3/18/2016. Defendants shall respond to the document requests and interrogatories by March 29, 2016, in accordance with the rulings made at the telephone conference held today. See transcript. To order the transcript, follow the instructions on the transcript request form. The form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr (sg)
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Filing 285
MEMO ENDORSEMENT on re: #284 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew A. Smith dated 3/17/2016 re: March 18, 2016 discovery conference -request for telephonic discovery conference; defendants consent to the request.. Document filed by Vincent D. Assetta, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. ENDORSEMENT: The conference scheduled for Friday, March 18, 2016, at 11:00 a.m. is changed to a telephone conference. Counsel for plaintiffs shall arrange the call. Anyone speaking during the conference must use a landline and must not use a speakerphone. Counsel shall call Chambers ((212) 805-4260) at 11:00 a.m. with all parties on the line. In the alternative, counsel may call Chambers at 11:00 a.m. to provide a toll-free dial-in number for a conference call. Each attorney is directed to ensure that all other attorneys are aware of this Order. So ordered. (Telephone Conference set for 3/18/2016 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein.) The following deadline(s) was terminated: Discovery Hearing. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/17/2016) (rjm)
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Filing 284
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew A. Smith dated 3/17/2016 re: March 18, 2016 discovery conference -request for telephonic discovery conference; defendants consent to the request.. Document filed by Vincent D. Assetta, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 283
FIRST LETTER addressed to Judge Laura Taylor Swain from Daniel Cobrinik dated 3/16/16 re: Post Judgment Discovery of Defendants. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 282
ORDER: A conference to discuss the discovery dispute raised in the letter dated March 9, 2016, will take place on Friday, March 18, 2016, at 11:00 a.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. A responsive letter shall be filed on or before March 16, 2016. SO ORDERED., ( Discovery Hearing set for 3/18/2016 at 11:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/14/2016) (ama)
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Filing 281
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for If referral is for Specific Non-Dispositive Motion/Dispute: ALL DISCOVERY DISPUTES (DOC #279 and all other discovery disputes). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 3/11/2016) (rjm)
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ABSTRACT OF JUDGMENT: in favor of Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee as against WPN Corporation and Ronald LaBow in the amount of $15,016,27.74. (dt)
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Filing 280
MEMO ENDORSEMENT on re: #279 Letter, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan. ENDORSEMENT: These discovery matters are now referred to Magistrate Judge Gorenstein. (Signed by Judge Laura Taylor Swain on 3/11/2016) (kgo)
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Filing 279
LETTER addressed to Judge Laura Taylor Swain from Matthew A. Smith dated March 9, 2016 re: Local Civil Rule 37.2. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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CLERK'S CERTIFICATION OF JUDGMENT TO BE REGISTERED IN ANOTHER DICTRICT; in favor of Plaintiffs against Defendants in the amount of $15,016,327.74, issued on March 3, 2016, as per the Court's Order dated February 18, 2016, Doc.# 278. (dt)
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Filing 278
MEMO ENDORSEMENT: granting #276 Motion for PLEASE TAKE NOTICE that upon the Memorandum of Law in support filed with this Motion, Plaintiffs hereby move for permission to register the Court's Judgment dated August 12,2015 pursuant to 28 U.S.C. 1963. re: #276 MOTION Notice of Motion And Unopposed Motion For Permission To Register The Judgment Pursuant To 28 U.S.C. 1963. ENDORSEMENT: The motion is granted. DE #276 is resolved. (Signed by Judge Laura Taylor Swain on 2/18/2016) (mt)
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WRIT OF EXECUTION issued on 1/22/2016, in favor of Severstal Wheeling, Inc., Retirement Committee, Timothy S. Rogers and Melvin Baggett and against WPN Corporation and Ronald LaBow in the amount of $ 15,016,327.74. (Signed by Clerk of Court Ruby Krajick on 01/22/2016) (km)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Monya Monique Bunch to MAIL Document No. #275 Writ of Execution Against Property, to the Orders and Judgments Department. This document is NOT filed via ECF. (ldi)
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Filing 277
MEMORANDUM OF LAW in Support re: #276 MOTION Notice of Motion And Unopposed Motion For Permission To Register The Judgment Pursuant To 28 U.S.C. 1963. . Document filed by Vincent D. Assetta, Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Smith, Matthew)
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Filing 276
MOTION Notice of Motion And Unopposed Motion For Permission To Register The Judgment Pursuant To 28 U.S.C. 1963. Document filed by Vincent D. Assetta, Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 275
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - APPLICATION for Writ of Writ of Execution Against Property as to WPN Corporation Corporation and Ronald LaBow. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Bunch, Monya) Modified on 1/20/2016 (ldi).
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Filing 274
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED of Writ of Execution as to WPN Corporation. Service was attempted on 10/8/15. **I hereby certify and return that I have not received any funds for case #10 Civ. 954. JUDGMENT UNSATISFIED. Michael Greco, United States Marshal. Document filed by Richard Caruso, Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, Melvin Baggett, William Drew Landon. (sc)
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WRIT OF EXECUTION Issued on September 25, 2015 in favor of Plaintiffs and against Defendants, jointly and severally, in the amount of $15,016,327.74.(Signed by Clerk of Court Ruby Krajick on 09/25/2015) (km)
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Filing 273
AMENDED NOTICE OF APPEAL re: #272 Notice of Appeal, #72 Memorandum & Opinion,, #258 Clerk's Judgment,,,. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Smith, Matthew)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #273 Amended Notice of Appeal. (tp)
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First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #273 Amended Notice of Appeal, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan were transmitted to the U.S. Court of Appeals. (tp)
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Filing 272
NOTICE OF APPEAL from #72 Memorandum & Opinion,,. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. Filing fee $ 505.00, receipt number 0208-11365962. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Smith, Matthew)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #272 Notice of Appeal,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #272 Notice of Appeal, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan were transmitted to the U.S. Court of Appeals. (nd)
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Filing 271
DECLARATION of David Preminger in Support re: #263 MOTION for Attorney Fees (Notice of Motion and Motion).. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Barton, Robert)
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Filing 270
DECLARATION of Mark Willard in Support re: #263 MOTION for Attorney Fees (Notice of Motion and Motion).. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit 1.1, #2 Exhibit 1.2, #3 Exhibit 1.3, #4 Exhibit 1.4, #5 Exhibit 1.5, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5)(Barton, Robert)
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Filing 269
DECLARATION of Matthew A. Smith in Support re: #263 MOTION for Attorney Fees (Notice of Motion and Motion).. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Barton, Robert)
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Filing 268
DECLARATION of R. Joseph Barton in Support re: #263 MOTION for Attorney Fees (Notice of Motion and Motion).. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barton, Robert)
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Filing 267
MEMORANDUM OF LAW in Support re: #263 MOTION for Attorney Fees (Notice of Motion and Motion). (Corrected). Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Barton, Robert)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Joseph Barton to RE-FILE Document #266 Memorandum of Law in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. ***REMINDER*** - Make sure to sign or s/ all documents. (db)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS NOTICE OF TAXATION FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney R. Joseph Barton, document #264 Bill of Costs Notice of Taxation,, was rejected by the Clerk's Office for the following reason: there is an appeal to the appellate court appealing the entry of final judgment pending in the case. The filer must wait until the appellate court has issued the mandate. Please refile the Bill of Costs Notice of Taxation within 30 days of entry of the mandate in the Southern District of New York. (dt)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS NOTICE OF TAXATION FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney R. Joseph Barton, document #265 Bill of Costs Notice of Taxation,, was rejected by the Clerk's Office for the following reason: there is an appeal to the appellate court appealing the entry of final judgment pending in the case. The filer must wait until the appellate court has issued the mandate. Please refile the Bill of Costs Notice of Taxation within 30 days of entry of the mandate in the Southern District of New York. (dt)
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Filing 266
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #263 MOTION for Attorney Fees (Notice of Motion and Motion). . Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Affidavit Joseph Barton, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Affidavit Matthew A. Smith, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Affidavit David Preminger, #15 Affidavit Mark Willard, #16 Exhibit 1.1, #17 Exhibit 1.2, #18 Exhibit 1.3, #19 Exhibit 1.4, #20 Exhibit 1.5, #21 Exhibit 2, #22 Exhibit 3, #23 Exhibit 4, #24 Exhibit 5)(Barton, Robert) Modified on 9/3/2015 (db).
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Filing 265
FILING ERROR - APPEAL OF FINAL JUDGMENT PENDING - BILL OF COSTS NOTICE OF TAXATION to recover costs against Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), WPN Corporation. Document filed by Richard Caruso, The Wheeling Corrugating Company Retirement Security Plan, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, William Drew Landon. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 9/16/2015 (Attachments: #1 Affidavit)(Barton, Robert) Modified on 9/3/2015 (dt).
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Filing 264
FILING ERROR - APPEAL OF FINAL JUDGMENT PENDING - BILL OF COSTS NOTICE OF TAXATION to recover costs against Ronald Labow(in his individual capacity), WPN Corporation. Document filed by Richard Caruso, The Wheeling Corrugating Company Retirement Security Plan, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, William Drew Landon. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 9/16/2015 (Attachments: #1 Supplement Bill of Costs, #2 Affidavit Joseph Barton, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Barton, Robert) Modified on 9/3/2015 (dt).
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Filing 263
MOTION for Attorney Fees (Notice of Motion and Motion). Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Barton, Robert)
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Filing 262
NOTICE OF APPEAL from #258 Clerk's Judgment,,,. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. Filing fee $ 505.00, receipt number 0208-11319847. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Judgment, #2 Decision and Order)(Cobrinik, Daniel)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #262 Notice of Appeal,,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #262 Notice of Appeal,, filed by Ronald Labow, WPN Corporation were transmitted to the U.S. Court of Appeals. (nd)
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Filing 261
ORDER GRANTING JOINT MOTION TO EXTEND PLAINTIFFS' DEADLINE TO MOVE FOR ATTORNEYS' FEES AND COSTS granting #259 Motion for Extension of Time. The Joint Motion to Extend Plaintiffs' Deadline to Move for Attorneys' Fees and Costs (ECF No. 259) is granted. Any motion for attorneys' fees and costs shall be due September 2, 2015. The time to file a bill of taxable costs under Fed. R. Civ. P. 54 is also extended to September 2, 2015. If Plaintiffs are unable to conduct the exchange of letters and telephonic or in-person conference required by this Court's Individual Practices by September 2, that requirement shall be excused as to any motion filed by Plaintiffs for attorneys' fees and costs. Docket entry number 259 is resolved. Motions due by 9/2/2015. (Signed by Judge Laura Taylor Swain on 8/25/2015) (ajs)
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Filing 260
NOTICE of Of Joint Motion to Extend Plaintiffs' Deadline to Move for Attorneys' Fees and Costs re: #259 JOINT MOTION for Extension of Time to file Plaintiffs' Deadline to Move For Attorneys' Fees and Costs.. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc.. (Smith, Matthew)
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Filing 259
JOINT MOTION for Extension of Time to file Plaintiffs' Deadline to Move For Attorneys' Fees and Costs. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee.(Smith, Matthew)
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Filing 258
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated August 10, 2015, the Court finds that Defendants breached their fiduciary duties to Plaintiffs and that the breaches caused the Severstal Plans to suffer a loss of $9.6 million; Defendants are also liable for the disgorgement of the $110,438 in investment management fees paid to them during the relevant period; Plaintiffs are awarded prejudgment interest at the New York statutory rate of nine percent; accordingly, judgment is entered in favor of the Plaintiff Plans and the individuals in their respective capacities against Defendants, jointly and severally, for damages, disgorgement, and prejudgment interest, for a total judgment of $15,016,327.74 and the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/12/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
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Terminate Transcript Deadlines (dt)
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Filing 257
OPINION AND ORDER: For the foregoing reasons, the Court finds that Defendants breached their fiduciary duties to Plaintiffs and that the breaches caused the Severstal Plans to suffer a loss of $9.6 million. Defendants are also liable for the disgorgement of the $110,438 in investment management fees paid to them during the relevant period. Plaintiffs are awarded prejudgment interest at the New York statutory rate of nine percent. The Clerk of the Court is directed to enter judgment in favor of the Plaintiff Plans and the individuals in their representative capacities against Defendants, jointly and severally, for damages and disgorgement in the total amount of $9,710,438, plus $5,305,889.74 as prejudgment interest for the period from July 16, 2009, to August 10, 2015, for a total judgment of $15,016,327.74 and to close the case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/10/2015) (ajs)
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Transmission to Judgments and Orders Clerk. Transmitted re: #257 Memorandum & Opinion,,,, to the Judgments and Orders Clerk. (ajs)
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Filing 256
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 255
POST TRIAL MEMORANDUM. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 254
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 253
POST TRIAL MEMORANDUM. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 252
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/22/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 251
TRANSCRIPT of Proceedings re: Trial held on 7/22/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 250
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/21/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 249
TRANSCRIPT of Proceedings re: Trial held on 7/21/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 248
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/17/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 247
TRANSCRIPT of Proceedings re: Trial held on 7/17/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 246
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/16/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 245
TRANSCRIPT of Proceedings re: Trial held on 7/16/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 244
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/15/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 243
TRANSCRIPT of Proceedings re: Trial held on 7/15/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 242
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/14/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 241
TRANSCRIPT of Proceedings re: Trial held on 7/14/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 240
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 7/10/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 239
TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 7/10/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 238
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/10/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 237
TRANSCRIPT of Proceedings re: Trial held on 7/10/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 236
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/9/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 235
TRANSCRIPT of Proceedings re: Trial held on 7/9/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Filing 234
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/8/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 233
TRANSCRIPT of Proceedings re: Trial held on 7/8/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial completed on 7/22/2014. Bench Trial held and completed. Witnesses called and sworn. Exhibits admitted. Parties are directed to submit their proposed finds and facts by 9/9/2014. The Court reserves its decision. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/21/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present. Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present. Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/17/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present. Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present. Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/16/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present.Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present. Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/15/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present.Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present.Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/14/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present.Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present.Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/10/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present. Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present. Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial held on 7/9/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present. Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present. Bench Trial held. Witnesses called and sworn. Exhibits admitted. (lan)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Bench Trial begun on 7/8/2014. Plaintiffs counsel Robert J. Barton and Matthew A. Smith present. Defendants counsel Daniel Cobrinink present.Court Reporter(s) Patricia Nilsen and Sonya Huggins present. Bench Trial began. Witnesses called and sworn. Exhibits admitted. (lan)
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Filing 232
ORDER: The Court requests that the Clerk of Court terminate defendant WHX Corp. From the docket in this case because all claims against it were dismissed pursuant to the Order of the Court entered on September 1, 2011. (Docket entry no. 72.) The Court notes that Plaintiffs included WHX Corp. as a defendant in the Third Amended Complaint, filed on May 10, 2013, solely to preserve their rights to appeal the dismissal. (Docket entry no. 184, n. 1.) SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/29/2014) (ama)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Final Pretrial Conference held on 5/30/2014. FPTC held. A Bench Trial is scheduled to commence on 7/8/2014 at 9:00am. Plaintiffs are allotted 25 hours and defendants are allotted 20 hours. (lan)
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Filing 231
TRIAL BRIEF . Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Barton, Robert)
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Filing 230
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Barton, Robert)
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Filing 229
JOINT PRETRIAL STATEMENT . Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers.(Smith, Matthew)
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Filing 228
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 227
TRIAL BRIEF . Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Interim Pretrial Conference held on 5/20/2014. PTC held by telephone. FPTC is scheduled for 5/30/2014 at 11:00am. A Bench Trial is scheduled to commence on 7/7/2014 at 9:00am. (lan)
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Filing 226
MEMO ENDORSEMENT on re: #225 Letter, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan. ENDORSEMENT: A telephonic conference will be held on Tuesday, May 20, 2014, at 11:00 a.m. The parties must be prepared to discuss the anticipated length of the trial and their June/July availability. They must contact the Courtroom Deputy (212 805-0424) for call-in instructions. So ordered. (Telephone Conference set for 5/20/2014 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/15/2014) (rjm)
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Filing 225
JOINT LETTER addressed to Judge Laura Taylor Swain from R. Joseph Barton/Daniel Cobrinik dated May 14, 2014 re: Request for a Telephonic Status Conference. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Barton, Robert)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 5/5/2014. (Gonzalez, Sylvia)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 5/1/2014. (Gonzalez, Sylvia)
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Filing 224
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for May 5, 2014 at 2:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. And as set forth herein. SO ORDERED. Settlement Conference set for 5/5/2014 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/15/2014) (ama)
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Filing 223
MEMORANDUM ORDER. For the reasons in this Memorandum Order, the Court denies Plaintiffs' partial summary judgment motion to the extent it seeks a determination that Defendants were Severstal Plan fiduciaries within the meaning of ERISA sections 3(21)(A)(i) and 3(38). The Court grants Plaintiffs' motion to the extent it seeks a determination that Defendants were at relevant times fiduciaries to the Severstal Plans within the meaning of ERISA section 3(21)(A)(ii). The Court adopts section III. B. of the Report and Recommendation (docket entry no. 207) (denying summary judgment on the question of "co-extensive" liability) and section III. C. of the Report and Recommendation (granting partial summary judgment on the issue of contract breach). Plaintiff's motion for partial summary judgment is in all other respects denied. This Memorandum Order resolves docket entry number 188. The parties are directed to schedule a settlement conference promptly with Judge Gorenstein. The parties are scheduled to appear before the undersigned on Friday, May 30, 2014, at 11:00 a.m. for the final pretrial conference in this matter. The parties must comply with the consultation and submission provisions of the original Pre-Trial Scheduling Order in this case (see docket entry no. 32) in advance of the final pretrial conference. SO ORDERED. Granting in part and denying in part #188 Motion for Partial Summary Judgment. Granting in part and denying in part #188 Motion for Partial Summary Judgment. (Signed by Judge Laura Taylor Swain on 4/11/2014) (rjm) Modified on 4/14/2014 (rjm). (Main Document 223 replaced on 4/14/2014) (rjm).
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Set/Reset Hearings: Final Pretrial Conference set for 5/30/2014 at 11:00 AM before Judge Laura Taylor Swain. (rjm)
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Filing 222
STIPULATION, Motions terminated: #213 MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker) filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, The Wheeling Corrugating Company Retirement Security Plan. The Clerk of Court is requested to terminate docket entry no. 213. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/19/2014) (ajs)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Daniel Cobrinik to E-MAIL Document No. #221 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
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Filing 221
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE to Motion re: #213 MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). Stipulation re Motion. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel) Modified on 3/12/2014 (db).
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Filing 220
JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew A. Smith/Daniel Cobrinik dated March 5, 2014 re: Briefing Schedule on Pending Motion in Limine. Document filed by Melvin Baggett, Richard Caruso, Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan, WHX Corporation, WPN Corporation.(Smith, Matthew)
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Filing 218
DECLARATION of Matthew A. Smith in Support re: #213 MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker).. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A - Defendants' 26(a) Disclosures, #2 Exhibit B - Correspondence between R. Joseph Barton and Daniel Cobrinik re: Additional Witness, #3 Exhibit C - February 13, 2014 Email from Daniel Cobrinik re: Additional Witness)(Smith, Matthew)
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Filing 217
MEMO ENDORSEMENT on re: #216 Letter, filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan. ENDORSEMENT: The motion may proceed as filed. Nonetheless, counsel should consult to determine if they can resolve the motion without court intervention. If the dispute is not resolved, the briefing schedule shall be in accordance with paragraph 2B of this Court's Individual Practices. The parties are reminded to send a courtesy copy of any filed papers to the undersigned. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/27/2014) (mro)
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Filing 219
MEMO ENDORSEMENT on re: #212 Letter, filed by Richard Caruso, WHX Corporation, Ronald Labow, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan, WPN Corporation, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers. ENDORSEMENT: In light of the undersigned's criminal trial schedule and the pendency of objections to the Report and Recommendations, the trial will not begin in early April. The final pretrial conference is adjourned to May 30, 2014, at 11:00 AM and the related deadlines are modified accordingly., ( Final Pretrial Conference set for 5/30/2014 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/26/2014) (lmb)
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Filing 216
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew A. Smith dated February 26, 2014 re: Motion in Limine. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 215
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - DECLARATION of Matthew A. Smith in Support re: #213 MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker).. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A - Defendants' 26(a) Disclosures, #2 Exhibit B - Correspondence between R. Joseph Barton and Daniel Cobrinik re: Additional Witness)(Smith, Matthew) Modified on 3/6/2014 (ka).
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Filing 214
MEMORANDUM OF LAW in Support re: #213 MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker).. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Smith, Matthew)
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Filing 213
MOTION in Limine (Motion to Preclude Testimony of Kevin Handwerker). Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 212
LETTER addressed to Judge Laura Taylor Swain from R. Joseph Barton/Daniel Cobrinik dated February 25, 2014 re: Final Pretrial Conference and Trial Schedule. Document filed by Melvin Baggett, Richard Caruso, Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan, WHX Corporation, WPN Corporation.(Barton, Robert)
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Filing 211
OPPOSITION BRIEF re: #210 Memorandum of Law in Opposition to Motion, (Reply to Defendants' Response To Plaintiffs Objections to the Magistrate Judge's Report & Recommendation On Plaintiffs' Motion for Partial Summary Judgment). Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Smith, Matthew)
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Filing 210
MEMORANDUM OF LAW in Opposition re: #188 MOTION for Partial Summary Judgment. Response to Plaintiffs' Objections to Magistrate Judge's Report and Recommendation. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 209
NOTICE OF APPEARANCE by Matthew Alexander Smith on behalf of Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Smith, Matthew)
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Filing 208
OBJECTION to #207 Report and Recommendations Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Bunch, Monya)
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Filing 207
REPORT AND RECOMMENDATION re: #188 MOTION for Partial Summary Judgment filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan. For the foregoing reasons, plaintiffs' motion for partial summary judgment (Docket # 188) should be denied, except that plaintiffs should be granted summary judgment on their claim for liability for breach of contract. Pursuant to 28 U.S.c. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen (14) days including weekends and holidays from service of this Report and Recommendation to serve and file any objections. See also Fed. R. Civ. P. 6(a), (b), (d). Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with copies sent to the Hon. Laura Swain, and to the undersigned, at 500 Pearl Street, New York, New York 10007. Any request for an extension of time to file objections must be directed to Judge Swain. If a party fails to file timely objections, that party will not be permitted to raise any objections to this Report and Recommendation on appeal. Objections to R&R due by 12/30/2013 (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/12/2013) (rsh)
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Filing 206
MEMO ENDORSEMENT on re: #205 Letter filed by Richard Caruso, William Drew Landon, The Salaried Employees' Pension Plan of Severstal Wheeling, Ronald Labow, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Wheeling Corrugating Company Retirement Security Plan, WPN Corporation. ENDORSEMENT: The parties may proceed based on their understandings of the pretrial order's requirements as reflected in their letter. However, the date of the final pre-trial conference before Judge Swain as set forth in paragraph 9 of the Pre-Trial Scheduling Order is hereby adjourned from January 10 to March 28, 2014 at 3:00 p.m. Accordingly, the due dates discussed in this letter are adjourned as well. So ordered this 27th day of November, 2013. (Final Pretrial Conference set for 3/28/2014 at 03:00 PM before Judge Laura Taylor Swain.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/27/2013) (rsh)
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Filing 205
JOINT LETTER addressed to Judge Laura Taylor Swain from Matthew A. Smith/Daniel Cobrinik dated 11/25/2013 re: PreTrial Scheduling Order. Document filed by Richard Caruso, Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan, WPN Corporation.(Bunch, Monya)
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Filing 204
ORDER: 10/18/2013 Final Pretrial Conference reset for Friday, 1/10/2014 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 9/30/2013) (cd)
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Filing 203
DECLARATION of Michael DiClemente in Support re: #188 MOTION for Partial Summary Judgment.. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A - Halpin Deposition Exhibit 45, #2 Exhibit B - LaBow Deposition Exhibit 58, #3 Exhibit C - LaBow Deposition Exhibits 60 & 64)(Bunch, Monya)
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Filing 202
DECLARATION of Dennis Halpin in Support re: #188 MOTION for Partial Summary Judgment.. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A - LaBow Deposition Exhibit 69)(Bunch, Monya)
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Filing 201
RESPONSE re: #197 Rule 56.1 Statement, (Plaintiffs' Objections to Defendants' Additional Factual Statements). Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Bunch, Monya)
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Filing 200
DECLARATION of Monya M. Bunch in Support re: #188 MOTION for Partial Summary Judgment.. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit N - Deposition Transcript and Exhibits of Ronald LaBow, #2 Exhibit O - Deposition Exhibit 38 of Michael DiClemente, #3 Exhibit P - Deposition Transcript of Jacqueline Thomas, #4 Exhibit Q - Deposition Transcript of Amanda Pierce)(Bunch, Monya)
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Filing 199
REPLY MEMORANDUM OF LAW in Support re: #188 MOTION for Partial Summary Judgment.. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Bunch, Monya)
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Filing 198
MEMORANDUM OF LAW in Opposition re: #188 MOTION for Partial Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 197
RULE 56.1 STATEMENT. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #194 Memorandum of Law in Opposition to Motion. ERROR(S): No signature or s/. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #195 Response in Opposition to Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
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Filing 196
DECLARATION in Opposition re: #188 MOTION for Partial Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit Third Amendment, #2 Exhibit DiClemente Depo Pages, #3 Exhibit Bowness Declaration, #4 Exhibit Kronenberg Depo Pages, #5 Exhibit McCabe Depo Pages, #6 Exhibit Riposo Depo Pages, #7 Exhibit Kassan Depo Pages, #8 Exhibit DiClemente ltr 11/3/08, #9 Exhibit WHX ltr 11/3/08, #10 Exhibit Prior SJ Order, #11 Exhibit LaBow email to Riposo, #12 Exhibit LaBow email to Riposo, #13 Exhibit LaBow email to Riposo, #14 Exhibit WPN Letter, #15 Exhibit LaBow Depo Pages, #16 Exhibit WHX emails, #17 Exhibit DiClemente email to N&B, #18 Exhibit Certificate as to Signatures, #19 Exhibit J. Thomas Depo Pages, #20 Exhibit A. Pierce Depo Pages, #21 Exhibit Plaintiffs communications, #22 Exhibit Plaintiffs ltr to N&B, #23 Exhibit Emails re N&B, #24 Exhibit DiClemente Memo, #25 Exhibit Sally King emails w/ N&B, #26 Exhibit Plaintiffs email to N&B, #27 Exhibit DiClemente email to Defendants, #28 Exhibit S. King ltr to LaBow, #29 Exhibit LaBow ltr to Plaintiffs, #30 Exhibit Plaintiffs' internal memo, #31 Exhibit LaBow email to Plaintiffs, #32 Exhibit DiClemente email to WHX, #33 Exhibit Plaintiffs email to N&B, #34 Exhibit D. Halpin Depo Pages, #35 Exhibit DJIA invest performance 3/23/09, #36 Exhibit LaBow voice mail tr., #37 Exhibit M.Schwartz Depo Pages, #38 Exhibit N&B Email, #39 Exhibit Docs re invest recommendations post 3/24/09, #40 Exhibit Plaintiffs internal memo, #41 Exhibit WPN emails w WHX, #42 Exhibit Pltf's brief opp mtn to dismiss 2nd amended complaint)(Cobrinik, Daniel)
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Filing 195
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: #188 MOTION for Partial Summary Judgment. Defendants Rule 56.1 Statement. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel) Modified on 6/28/2013 (db).
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Filing 194
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #188 MOTION for Partial Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel) Modified on 6/28/2013 (db).
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Filing 193
DECLARATION of 10cv954 in Opposition re: #188 MOTION for Partial Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 192
SO ORDERED STIPULATION: IT IS HEREBY STIPULATED BY AND BETWEEN the attorneys for the parties that Defendants shall serve and file their opposition to the pending motion by Plaintiffs for partial summary judgment on or before June 28, 2013, and Plaintiffs shall serve and file any reply papers on or before July 19, 2013. (Responses due by 6/28/2013, Replies due by 7/19/2013.) (Signed by Judge Laura Taylor Swain on 6/6/2013) (ft) Modified on 6/10/2013 (ft).
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Filing 191
DECLARATION of Monya M. Bunch in Support re: #188 MOTION for Partial Summary Judgment.. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Attachments: #1 Exhibit A - Pleadings, #2 Exhibit B - Memorandum Order denying Defs Motion for SJ, #3 Exhibit C - Declaration of Richard Bowness, #4 Exhibit D - Declaration of Michael DiClemente, #5 Exhibit E (Pt. 1) - Deposition Transcript & Exhibits of Ronald LaBow, #6 Exhibit E (Pt. 2) - Deposition Transcript & Exhibits of Ronald LaBow, #7 Exhibit E (Pt. 3) - - Deposition Transcript & Exhibits of Ronald LaBow, #8 Exhibit F - Deposition Transcript & Exhibits of Michael DiClemente, #9 Exhibit G - Deposition Transcript of Dennis Halpin, #10 Exhibit H - Declaration of Andrew Quesnelle, #11 Exhibit I - Deposition Transcript and Exhibits of Amanda Pierce, #12 Exhibit J - Deposition Transcript of Marvin Schwartz, #13 Exhibit K - Def's Pre Summary Judgment Letter, #14 Exhibit L - Def's Summary Judgment Reply Brief, #15 Exhibit M - Def's Summary Judgment Brief)(Bunch, Monya)
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Filing 190
RULE 56.1 STATEMENT. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Bunch, Monya)
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Filing 189
MEMORANDUM OF LAW in Support re: #188 MOTION for Partial Summary Judgment.. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan. (Bunch, Monya)
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Filing 188
MOTION for Partial Summary Judgment. Document filed by Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Bunch, Monya)
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Filing 187
ORDER granting #186 Motion for Matthew A. Smith to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #186 MOTION for Matthew A. Smith to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8523782. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 186
MOTION for Matthew A. Smith to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8523782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, The Salaried Employees' Pension Plan of Severstal Wheeling, The Wheeling Corrugating Company Retirement Security Plan.(Bunch, Monya)
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Filing 185
ANSWER to #184 Amended Complaint,,,. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 184
THIRD AMENDED COMPLAINT amending #48 Amended Complaint,, against Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WHX Corporation, WPN Corporation.Document filed by Richard Caruso, Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, William Drew Landon, The Wheeling Corrugating Company Retirement Security Plan, The Salaried Employees' Pension Plan of Severstal Wheeling. Related document: #48 Amended Complaint,, filed by William Drew Landon, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, Severstal Wheeling, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(mro)
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Filing 183
MEMO ENDORSEMENT granting #180 Motion to Amend/Correct. ENDORSEMENT: The motion is granted. (Signed by Judge Laura Taylor Swain on 5/6/2013) (ft)
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Filing 182
NOTICE of Filing of Substituted Exhibit A (Proposed Updated Third Amended Complaint) re: #180 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A (Pt. 1) Proposed Updated Third Amended Complaint), #2 Exhibit A (Pt. 2) Proposed Updated Third Amended Complaint w/attachments), #3 Exhibit A (Pt. 3) Proposed Updated Third Amended Complaint w/attachments), #4 Exhibit A (Pt. 4) Proposed Updated Third Amended Complaint w/attachments), #5 Exhibit A (Pt. 5)Proposed Updated Third Amended Complaint w/attachments), #6 Exhibit A (Pt. 6) Proposed Updated Third Amended Complaint w/attachments), #7 Exhibit A (Pt. 7) Proposed Updated Third Amended Complaint w/attachments), #8 Exhibit A (Pt. 8) Proposed Updated Third Amended Complaint w/attachments), #9 Exhibit A (Pt. 9) Proposed Updated Third Amended Complaint w/attachments), #10 Exhibit A (Pt. 10) Proposed Updated Third Amended Complaint w/attachments), #11 Exhibit A (Pt. 11) Proposed Updated Third Amended Complaint w/attachments), #12 Exhibit A (Pt. 12) Proposed Updated Third Amended Complaint w/attachments), #13 Exhibit A (Pt. 13) Proposed Updated Third Amended Complaint w/attachments), #14 Exhibit A (Pt. 14) Proposed Updated Third Amended Complaint w/attachments), #15 Exhibit B - Redlined Version of Proposed Updated Third Amended Complaint)(Bunch, Monya)
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Filing 181
MEMORANDUM OF LAW in Support re: #180 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Bunch, Monya)
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Filing 180
MOTION to Amend/Correct #48 Amended Complaint,,. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A (Pt. 1) Proposed Third Amended Complaint w/attachments), #2 Exhibit A (Pt. 2) Proposed Third Amended Complaint w/attachments), #3 Exhibit A (Pt. 3) Proposed Third Amended Complaint w/attachments), #4 Exhibit A (Pt. 4) Proposed Third Amended Complaint w/attachments), #5 Exhibit A (Pt. 5) Proposed Third Amended Complaint w/attachments), #6 Exhibit A (Pt. 6) Proposed Third Amended Complaint w/attachments), #7 Exhibit A (Pt. 7) Proposed Third Amended Complaint w/attachments), #8 Exhibit A (Pt. 8) Proposed Third Amended Complaint w/attachments), #9 Exhibit A (Pt. 9) Proposed Third Amended Complaint w/attachments), #10 Exhibit A (Pt. 10) Proposed Third Amended Complaint w/attachments), #11 Exhibit A (Pt. 11) Proposed Third Amended Complaint w/attachments), #12 Exhibit A (Pt. 12) Proposed Third Amended Complaint w/attachments), #13 Exhibit A (Pt. 13) Proposed Third Amended Complaint w/attachments), #14 Exhibit A (Pt. 14) Proposed Third Amended Complaint w/attachments), #15 Exhibit B - Redlined Version of Proposed Third Amended Complaint)(Bunch, Monya)
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Filing 179
NOTICE OF CHANGE OF ADDRESS by Daniel Cobrinik on behalf of Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. New Address: Daniel Cobrinik, P.C., 276 Fifth Avenue, Suite 405, New York, New York, USA 10001, 212-725-6888. (Cobrinik, Daniel)
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Filing 178
NOTICE OF APPEARANCE by Monya Monique Bunch on behalf of Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee (Bunch, Monya)
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Filing 177
ORDER: Accordingly, the dates in the Order dated May 14, 2010 (Docket #32) are extended as follows: Paragraph 2.b: Deadline for initial expert witness disclosures: February 28, 2013. Deadline for rebuttal disclosures: March 29, 2013. Paragraph 2.c: April 30, 2013. Paragraph 3.: May 30, 2013. Paragraph 9: Conference before Judge Swain (previously Jan. 25, 2013): October 18, 2013 at 2:000 p.m. The Order dated May 14, 2010 otherwise remains in effect. ( Expert Discovery due by 4/30/2013. Motions due by 5/30/2013.) ( Final Pretrial Conference set for 10/18/2013 at 02:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/8/2013) (djc) Modified on 1/16/2013 (djc).
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Filing 176
ORDER FOR ADMISSION PRO HAC VICE granting #174 Motion for R. Joseph Barton to Appear Pro Hac Vice. It is hereby Ordered that R. Joseph Barton is admitted Pro Hac Vice to appear for all purposes as counsel for plaintiffs. (Signed by Judge Laura Taylor Swain on 1/3/2013) (mro)
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Filing 175
ORDER: In light of the fact that counsel has filed a notice of appearance on behalf of plaintiffs, the parties are directed to confer regarding a proposed schedule for the remainder of this case. If a joint proposal can be reached, it shall be presented by letter (by either party) on or before January 8, 2013. If no agreement is reached, the parties should present separate proposals by letter on or before that date. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/27/2012) (cd)
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Pro Hac Vice Fee Payment: for #174 MOTION for Robert Joseph Barton to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-8095866.(Barton, Robert)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #174 MOTION for Robert Joseph Barton to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bwa)
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Filing 174
MOTION for Robert Joseph Barton to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melvin Baggett, Richard Caruso, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee.(Barton, Robert)
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Filing 173
NOTICE OF APPEARANCE by Michael Benjamin Eisenkraft on behalf of William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, Richard Caruso (Eisenkraft, Michael)
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Filing 172
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 8/14/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
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Filing 171
TRANSCRIPT of Proceedings re: proceedings held on 8/14/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 1/2/2013. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/7/2013.(tro)
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Filing 170
ORDER withdrawing #165 Motion to Dismiss for Lack of Prosecution. Accordingly, the pending motion (Docket# 165) is deemed withdrawn. In the event no attorney files a notice of appearance on behalf of plaintiffs by December 20, 2012, the motion will be deemed reinstated.(Signed by Magistrate Judge Gabriel W. Gorenstein on 11/26/2012) Copies Sent By Chambers. (ama)
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Filing 169
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/19/2012) (ama) Modified on 11/21/2012 (ama). Modified on 11/21/2012 (ama).
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Filing 168
AFFIDAVIT OF SERVICE of Motion to Dismiss for Failure to Prosecute with Declaration of Daniel Cobrinik and exhibits and Memorandum of Law in Support served on Timothy Rogers, W. Drew Landon, Howard Japlon on 11/16/12. Service was made by Mail. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 167
MEMORANDUM OF LAW in Support re: #165 MOTION to Dismiss for Lack of Prosecution.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 166
DECLARATION of Daniel Cobrinik in Support re: #165 MOTION to Dismiss for Lack of Prosecution.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit Ex. A Complaint, #2 Exhibit Ex.B Eckert Ltr, #3 Exhibit Ex.C 8.14.12 Order, #4 Exhibit Ex. D Conference Transcript, #5 Exhibit Ex. E 10.2.12 email, #6 Exhibit Ex. F 10.5.12 email, #7 Exhibit Ex. G Ltr to Magistrate, #8 Exhibit Ex. H Ltr to Magistrate, #9 Exhibit Ex. I 10.17.12 Order, #10 Exhibit Ex. J 10.17 email, #11 Exhibit Ex. K RG Ltr to Court, #12 Exhibit Ex. L ltr to Court, #13 Exhibit Ex. M 11.17.12 Order, #14 Exhibit Ex. N Original Scheduling Order, #15 Exhibit Ex. O. 3rd Amendment)(Cobrinik, Daniel)
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Filing 165
MOTION to Dismiss for Lack of Prosecution. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 164
ORDER: The Court is in receipt of the attached letter dated November 7, 2012, containing a request for a stay from an individual, Howard Japlon, purporting to act on behalf of plaintiffs. Also attached is a responsive letter from defendants dated November 8, 2012, and a letter dated November 7, 2012 from the U.S. Department of Labor. The plaintiffs were informed approximately three months ago, at an August 14, 2012 conference, that they had 60 days to retain counsel. The Court subsequently granted a 30-day extension of this deadline. Finally, the Court notes that the U.S. Department of Labor states in the November 7 letter that it has its own mechanism for vindicating the rights of plaintiffs' employees. Accordingly, this case is no longer stayed. Defendants have leave to make an appropriate motion, either for dismissal for failure to prosecute or on some other basis, see, e.g., U.S. ex rel. Mergent Services v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008), returnable before Judge Swain and made in accordance with her Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/13/2012) Copies Sent By Chambers. (ja)
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Filing 163
ORDER: it is hereby ORDERED that this matter is stayed until November 7, 2012, in order to allow the Department of Labor and/or the Pension Benefit Guarantee Corporation to send a letter or other submission to the Court setting forth their position as to whether this matter should be stayed any further and setting forth the basis thereof. Mr. Japlon and the prose plaintiffs are directed to provide a copy of this Order to appropriate representatives of these agencies. If counsel has not entered a notice of appearance on behalf of plaintiffs by this date, and if no further extension is granted by the Court, defendants may make an appropriate motion, either for dismissal for failure to prosecute or on some other basis, see, U.S. ex rel. Mergent Services v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008), returnable before Judge Swain and made in accordance with her Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/17/2012) Copies Sent By Chambers via ECF. (js)
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Filing 162
MEMORANDUM ORDER: the Court finds that the proposed TAC is futile. Plaintiffs' request for relief from Magistrate Judge Gorenstein's June 11 Order is therefore denied. This Memorandum Order resolves docket entry no. 143. (Signed by Judge Laura Taylor Swain on 9/24/2012) (pl)
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Filing 161
MEMORANDUM ORDER denying #80 Motion for Summary Judgment.For the foregoing reasons, Defendants motion for summary judgment is denied. A Final Pre-Trial Conference in this matter will be held on January 25, 2013 at 2:00p.m. The parties must confer and make submissions in advance of the Final Pre-Trial Conference as required by the previously entered Pre-Trial Scheduling Order (docket entry no. 32). This Memorandum Order resolves docket entry no. 80. SO ORDERED.(Signed by Judge Laura Taylor Swain on 8/17/2012) (ama)
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Set/Reset Hearings: Final Pretrial Conference set for 1/25/2013 at 02:00 PM before Judge Laura Taylor Swain. (ama)
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Filing 160
ORDER: granting #157 Motion to Withdraw as Attorney. Attorney Howard Jay Kaplan; Steven Robert Kramer; Sandra R. Mihok; Andrew Thomas Quesnelle; Mark A. Willard; Riyaz Gulam Bhimani and Clare Marie Gallagher terminated. As stated at a conference held today, the motion of Andrew T. Quesnelle, Steven R. Kramer, Mark A. Willard, Clare M. Gallagher, Riyaz Gulam Bhimani, and Sandra Mihok to withdraw as attorney (Docket # 157) is granted. All activity in this matter is hereby stayed for 60 days. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/14/2012) (pl)
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Filing 159
SEALED DOCUMENT placed in vault.(mps)
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Filing 158
MEMORANDUM OF LAW in Support re: #157 MOTION for Andrew T. Quesnelle, Steven R. Kramer, Mark A. Willard, Clare M. Gallagher, Sandra Mihok to Withdraw as Attorney.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Declaration of Mark A. Willard)(Quesnelle, Andrew)
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Filing 157
MOTION for Andrew T. Quesnelle, Steven R. Kramer, Mark A. Willard, Clare M. Gallagher, Sandra Mihok to Withdraw as Attorney. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Text of Proposed Order)(Quesnelle, Andrew)
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Filing 156
ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from W. Drew Landon dated 8/7/2012 re: Plaintiffs request leave to appear at the hearing by telephone. Eckert Seamans provided to Counsel copies of it's motion and the Court's order setting the hearing date for August 14, 2012 at 10:45 a.m. ENDORSEMENT: Granted. Mr. Quuesnella shall arrange for such a conference call and send a letter to the Court as to how to dial in. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/7/2012) (js)
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Filing 155
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 8/2/2012 re: Counsel for plaintiff respectfully request that the July 30, 2012 Order be amended such that Mr. Baggett's presence at the hearing is no long required and respectfully request leave to appear at the hearing by telephone. ENDORSEMENT: Granted. Fax a letter to the Court with your telephone number as a reminder to us. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/2012) (pl)
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Filing 154
ORDER: Seamans, Cherin & Mellot, LLC shall file the original papers with the clerk's office. If a paper contains attorney-client privileged or other confidential matters, it may be filed under seal. If a paper is filed under seal and it does not contain substantial confidential matter, it should also be filed in redacted form via the ECF system. Plaintiff shall send one courtesy copy of the originals to the undersigned by mail. Mr. Quesnelle shall serve a copy of this Order on his clients. Mr. Quesnelle or someone acting at his direction shall thereafter confirm with his clients by telephone that his motion papers and the copy of this Order were actually received by his clients and that his clients are aware that they must appear at the Court conference on August 14, 2012 (unless a new attorney has filed a notice of appearance on their behalf prior to that date). Set Deadlines/Hearing as to ( Responses due by 8/8/2012, Motion Hearing set for 8/14/2012 at 10:45 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/27/2012) (ama) Modified on 7/31/2012 (tro).
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Filing 153
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein, from Andrew T. Quesnelle dated 7/16/2010 re: Plaintiff's counsel requests leave to file its motion to withdraw and all supporting papers ex parte and under seal and that Court set forth a procedure for doing so. ENDORSEMENT: Granted: Send underacted copies to Chambers and provide proof of notice to the client. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/16/2012) (ago) Modified on 7/19/2012 (ago). Modified on 7/20/2012 (ago).
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Filing 152
MEMORANDUM OF LAW in Opposition re: #143 Objection (non-motion), Objection (non-motion) Memorandum of Law in Opposition to Plaintiffs' Objections to Magistrate Judge Gorenstein's May 11, 2012 Decision. Document filed by WHX Corporation. (Kaplan, Howard)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Howard Jay Kaplan to RE-FILE Document #151 Opposition Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
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Filing 151
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: #143 Objection (non-motion), Objection (non-motion) Memorandum of Law in Opposition to Plaintiffs' Objections to Gorenstein's May 11, 2012 Decision. Document filed by WHX Corporation.(Kaplan, Howard) Modified on 6/18/2012 (ka).
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Filing 150
SUGGESTION OF BANKRUPTCY upon the record as to RG Steel Wheeling, LLC. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee (Attachments: #1 Order Approving Joint Administration of Debtors Chapter 11 Cases)(Quesnelle, Andrew)
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Filing 149
ENDORSED LETTER addressed to Judge Laura Taylor Swain and Magistrate Judge Gabriel W Gorenstein from Deanna Davidian dated 6/4/2012 re: Request to extend time to file opposition to plaintiffs' objection to Friday, 6/15/2012. ENDORSEMENT: The request is granted. ( Response due by 6/15/2012) (Signed by Judge Laura Taylor Swain on 6/4/2012) (cd)
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Filing 148
MEMORANDUM ORDER re: #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC filed by William Drew Landon, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, Severstal Wheeling, Inc. For the foregoing reasons, plaintiffs' motion for sanctions (Docket# 123) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/29/2012) (lmb)
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Filing 147
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 5/24/2012 re: The parties request that the Court set the following new deadlines: deadline for service of expert reports due by 7/31/2012; deadline for expert discovery due by 8/31/2012; deadline in paragraph 3 of Docket # 32 due by 9/30/2012. ENDORSEMENT: Granted. (Expert Discovery due by 8/31/2012. Dispositive Motions due by 9/30/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2012) (tro) Modified on 5/29/2012 (tro).
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Filing 146
ORDER: The Order dated May 10, 2012 (Docket# 142) is amended as follows: the reference to "docket# 123" is deemed deleted. This reason for this deletion is that plaintiffs' cross-motion for sanctions against WHX Corporation's attorneys referenced in the May 10, 2012 Order was contained in a memorandum of law (Docket# 119). It is this motion that was decided on May 10,2012. Docket# 123 consists of a different motion for sanctions. That motion was not decided at the oral argument held on May 10, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2012) (tro)
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Filing 143
Objection re: #142 Order on Motion to Amend/Correct, Order on Motion for Sanctions,,,,. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A)(Quesnelle, Andrew)
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Filing 145
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court conference proceeding held on 5/10/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq)
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Filing 144
TRANSCRIPT of Proceedings re: court conference held on 5/10/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/11/2012. Redacted Transcript Deadline set for 6/21/2012. Release of Transcript Restriction set for 8/17/2012.(laq)
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Filing 142
ORDER: denying #88 Motion to Amend/Correct ; denying #113 Motion for Sanctions; denying #123 Motion for Sanctions. For the reasons stated today on the record, plaintiffs' motion to amend (Docket# 88) is denied. The motion of WHX Corporation for sanctions (Docket# 113) is denied. Plaintiffs' cross-n1otion for sanctions against WHX Corporation's attorneys (Docket # 123) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/10/2012) (pl)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 5/10/2012 re: #113 MOTION for Sanctions Against Plaintiffs and Counsel. filed by WHX Corporation, #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC. filed by William Drew Landon, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, Severstal Wheeling, Inc., #88 MOTION to Amend/Correct #48 Amended Complaint, MOTION to Amend/Correct #48 Amended Complaint, filed by William Drew Landon, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, Severstal Wheeling, Inc. (djc)
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Filing 141
REPLY MEMORANDUM OF LAW in Support re: #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 140
AFFIRMATION of Deana Davidian in Opposition re: #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC.. Document filed by WHX Corporation. (Attachments: #1 Exhibit Exhibit A to Davidian Affirmation)(Davidian, Deana)
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Filing 139
MEMORANDUM OF LAW in Opposition re: #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC.. Document filed by WHX Corporation. (Attachments: #1 Exhibit Exs. A-C to Memo of Law)(Davidian, Deana)
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Filing 138
ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Andrew T Quesnelle dated 4/11/2012 re: Request that the 4/20/2012 oral argument be adjourned until May. ENDORSEMENT: Oral argument adjourned to Thursday, 5/10/2012, at 4:00 pm in Courtroom 17-A, 500 Pearl Street. (Oral Argument reset for 5/10/2012 at 04:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/11/2012) (cd) Modified on 4/17/2012 (cd).
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Set/Reset Hearings: Oral Argument set for 4/20/2012 at 04:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (js)
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Filing 137
ENDORSED LETTER addressed to Judge Laura Taylor Swain and Magistrate Judge Gabriel W. Gorenstein from Deana Davidian dated 4/5/2012 re: Counsel for Defendant WHX Corporation requests an extension of time to file their opposition to the motion for sanctions until 4/11/2012. ENDORSEMENT: The request is granted. Set Deadlines/Hearing as to #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC:( Responses due by 4/11/2012) (Signed by Judge Laura Taylor Swain on 4/5/2012) (tro)
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Filing 136
MEMO ENDORSEMENT on re: #133 MOTION for Leave to File Supplemental Brief filed by WHX Corporation: Submit a letter of no more than 3 pages by April 12, 2012. Any responsive letter may be submitted by April 19, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/5/2012) (lmb)
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Filing 135
ORDER: Oral argun1ent on the pending motions to amend and for sanctions will take place on Friday, April 20, 2012, at 4:00 p.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the argument may begin promptly. Counsel located more than 75 miles from the Courthouse may make a letter request to attend by telephone (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/5/2012) (js)
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Filing 134
MEMORANDUM OF LAW in Support re: #133 MOTION for Leave to File Supplemental Brief.. Document filed by WHX Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davidian, Deana)
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Filing 133
MOTION for Leave to File Supplemental Brief. Document filed by WHX Corporation.(Davidian, Deana)
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Filing 132
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 3/30/2012 re: The parties request that the Court set the following expert discovery schedule: Deadline to Designate Experts: April 6, 2012. Deadline for Service of Expert Reports: May 31, 2012. Deadline for Completion of Expert Discovery: June 30, 2012. Deadline in 3 of Docket # 32: July 30, 2012. ENDORSEMENT: Granted. ( Expert Discovery due by 6/30/2012. Dispositive Motions due by 7/30/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/4/2012) (rdz)
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Filing 131
REPLY AFFIRMATION of Ronald LaBow in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 130
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 129
ORDER: Defendants Ronald Labow and WPN Corporation's motion to file a memorandum of law responding to Plaintiffs' March 23, 2012, sur-reply is hereby granted. Defendants' memorandum must not exceed 10 pages, must be limited to issues addressed in Plaintiffs' surreply and must be filed by Monday, April 9, 2012. This Order resolves docket entry number126. (Signed by Judge Laura Taylor Swain on 4/2/2012) (js)
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Set/Reset Deadlines: Surreplies due by 4/9/2012. (js)
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Filing 128
MEMORANDUM OF LAW in Opposition re: #126 MOTION for Leave to File Response to Surreply Brief.. Document filed by William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 127
MEMORANDUM OF LAW in Support re: #126 MOTION for Leave to File Response to Surreply Brief.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 126
MOTION for Leave to File Response to Surreply Brief. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 125
REPLY MEMORANDUM OF LAW in Opposition re: #80 CROSS MOTION for Summary Judgment.. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Appendix, #2 Exhibit A (Part 1), #3 Exhibit A (Part 2), #4 Exhibit B (Part 1), #5 Exhibit B (Part 2), #6 Exhibit C (Part 1), #7 Exhibit C (Part 2), #8 Exhibit C (Part 3), #9 Exhibit C (Part 4))(Quesnelle, Andrew)
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Filing 124
MEMORANDUM OF LAW in Support re: #123 MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Quesnelle, Andrew)
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Filing 123
MOTION for Sanctions Against Howard Kaplan and Arkin Kaplan Rice LLC. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Text of Proposed Order)(Quesnelle, Andrew)
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Filing 122
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 3/22/2012 re: Counsel for the plaintiffs write to advise the Court of Plaintiffs intention to file a motion requesting sanctions against Howard J. Kaplan, Esq. and Arkin Kaplan Rice LLC for unprofessional and improper conduct during the deposition of Glen Kassan which was taken on March 28, 2012. ENDORSEMENT: Due to the nature of the proposed motion, the Court's pre-motion conference requirement is waived. The motion shall be filed promptly and shall comply with paragraphs 2.B through 2.E of this Court's Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/22/2012) (ft)
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Filing 121
ORDER granting #110 Motion for Leave to File Document. Plaintiffs' motion to file a sur-reply brief in connection with the defendants' motion for summary judgment is hereby granted. This Order resolves docket entry number 110. (Signed by Judge Laura Taylor Swain on 2/22/2012) (ft)
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Filing 120
REPLY MEMORANDUM OF LAW in Support re: #113 MOTION for Sanctions Against Plaintiffs and Counsel.. Document filed by WHX Corporation. (Attachments: #1 Exhibit A - Kronenberg Transcript Excerpts, #2 Exhibit B - 11/3/08 Email & Letter, #3 Exhibit C - DiClemente Transcripts Excerpts, #4 Exhibit D - Halpin Transcript Excerpts)(Davidian, Deana)
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Filing 119
MEMORANDUM OF LAW in Opposition re: #113 MOTION for Sanctions Against Plaintiffs and Counsel.. Document filed by William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q-1, #18 Exhibit Q-2, #19 Exhibit R)(Quesnelle, Andrew)
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Filing 118
REPLY MEMORANDUM OF LAW in Support re: #110 MOTION for Leave to File Surreply Brief.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 117
ORDER: Before the Court is plaintiffs application to compel compliance with subpoenas issued to Glen Kassan and James McCabe. Plaintiff made the application by letter dated December 23,2012, which attached unfiled motion papers. Counsel for the witnesses responded by letter dated January 6, 2012. As was made plain in General Star Indem. Co. v. Platinum Indem. Ltd., 210 F.R.D. 80(S.D.N.Y. 2002), "[t]he party seeking to bar [a] deposition bears the burden of demonstrating that the proposed deposition would not lead to relevant information," id. at 82 (citing Speadmark. Inc. v. Federated Dep't Stores, Inc., 176 F.R.D. 116, 118 (S.D.N.Y. 1997)). Kassan and McCabe have not met that burden here. Putting aside the fact that they have failed to provide affidavits as to their knowledge or lack thereof, see id. at 83 ("a party moving for a protective order with respect to a deposition typically provides an affidavit from the person who seeks to avoid being deposed"), their attorney's statements on this issue are highly conclusory and certainly do not meet the burden of showing that the depositions would not lead to relevant information. Their claims as to harassment and burden are also conclusory. Accordingly, Kassan and McCabe shall appear for depositions at a date mutually agreeable to the parties. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/20/2012) (pl) Modified on 1/23/2012 (pl).
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Filing 116
MEMORANDUM OF LAW in Opposition re: #110 MOTION for Leave to File Surreply Brief.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 115
AFFIRMATION of Howard J. Kaplan in Support re: #113 MOTION for Sanctions Against Plaintiffs and Counsel.. Document filed by WHX Corporation. (Attachments: #1 Exhibit A - 11/3/08 Letter, #2 Exhibit B - DiClemente Dep, #3 Exhibit C - Halpin Dep, #4 Exhibit D - 12/17/10 Letter, #5 Exhibit E - 9/1/11 Opinion & Order)(Davidian, Deana)
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Filing 114
MEMORANDUM OF LAW in Support re: #113 MOTION for Sanctions Against Plaintiffs and Counsel.. Document filed by WHX Corporation. (Davidian, Deana)
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Filing 113
MOTION for Sanctions Against Plaintiffs and Counsel. Document filed by WHX Corporation.(Davidian, Deana)
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Filing 112
STIPULATION AND ORDER REGARDING FILING OF REVISED RULE 11 MOTION: WHX's Original Rule 11 Motion shall be deemed withdrawn and Docket entry numbers 102, 106, and 107 are hereby terminated because they will be superseded by further motion. WHX shall file its Revised Rule 11 Motion by January 19, 2012. Plaintiffs shall file their opposition to the Revised Rule 11 Motion by February 3, 2012. WHX's shall file its reply in further support of the Revised Rule 11 Motion by February 10, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/18/2012) (jfe)
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Set/Reset Deadlines: Motions due by 1/19/2012. Responses due by 2/3/2012 Replies due by 2/10/2012. (jfe)
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Filing 111
MEMORANDUM OF LAW in Support re: #110 MOTION for Leave to File Surreply Brief.. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quesnelle, Andrew)
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Filing 110
MOTION for Leave to File Surreply Brief. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee.(Quesnelle, Andrew)
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Filing 109
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 12/23/2011 re: Counsel for the plaintiffs request that a conference be scheduled to address the matter listed herein and/or that a briefing schedule be established regarding this motion. ENDORSEMENT: Plaintiffs' decision to submit a "proposed motion and brief," in lieu of sending the letter required by paragraph 2.A of this Court's Individual Practices, is unexplained and not in accordance with this Court's procedures. Nonetheless, the Court will treat the memorandum of law, in combination with the instant letter, as the letter required by paragraph 2.A. Thus, defendants should respond "as soon as practicable." Given this submission, the Court may decide the motion without the conference and on the current papers. Accordingly, defendants are free to respond in a length and format commensurate with the plaintiffs' submission. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/27/2011) (ft)
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Filing 108
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 12/27/2011 re: Counsel for the plaintiffs request that they be permitted to file their response to the Motion for sanctions on or before Friday, 1/20/2011. ENDORSEMENT: Granted. (Responses due by 1/20/2011) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/27/2011) (ft)
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Filing 107
AFFIRMATION of Howard J. Kaplan in Support re: #102 MOTION for Sanctions Costs, and Fees Against Plaintiff and Counsel.. Document filed by WHX Corporation. (Davidian, Deana)
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Filing 106
MEMORANDUM OF LAW in Support re: #102 MOTION for Sanctions Costs, and Fees Against Plaintiff and Counsel.. Document filed by WHX Corporation. (Davidian, Deana)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deana Davidian to RE-FILE Document #103 MOTION for Sanctions Memorandum of Law in Support of Motion for Costs, Fees, and Sanctions Against Plaintiffs and Counsel. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deana Davidian to RE-FILE Document #104 MOTION for Sanctions Affirmation of Howard J. Kaplan. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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Filing 105
MEMORANDUM OF LAW in Opposition re: #88 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Document filed by WHX Corporation. (Davidian, Deana)
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Filing 104
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions Affirmation of Howard J. Kaplan. Document filed by WHX Corporation.(Davidian, Deana) Modified on 12/27/2011 (db).
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Filing 103
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions Memorandum of Law in Support of Motion for Costs, Fees, and Sanctions Against Plaintiffs and Counsel. Document filed by WHX Corporation.(Davidian, Deana) Modified on 12/27/2011 (db).
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Filing 102
MOTION for Sanctions Costs, and Fees Against Plaintiff and Counsel. Document filed by WHX Corporation.(Davidian, Deana)
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Filing 101
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 12/19/2011 re: Pursuant to Your Honor's individual practices pertaining to pre-trial motions, Plaintiffs hereby request the scheduling of a pre-motion conference pertaining to Plaintiffs' Proposed Consent Motion to Amend the Pre-Trial Scheduling Order A brief summary of the proposed Consent Motion is as follows: Close of Fact Discovery: February 29, 2012; Close of Expert Discovery: April 30, 2012; Due Date for Dispositive Motions: May 24, 2012; Final Pretrial Conference 12/14/2012 at 2:00p.m. before Judge Swain ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/19/2011) (ama) Modified on 12/22/2011 (ama).
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Set/Reset Deadlines: ( Expert Discovery due by 4/30/2012., Fact Discovery due by 2/29/2012., Motions due by 5/24/2012.), Set/Reset Hearings:( Final Pretrial Conference set for 12/14/2012 at 02:00 PM before Judge Laura Taylor Swain.) (ama)
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Filing 100
NOTICE of Supplement in Support of Plaintiff's Motion for Leave to Amend the Second Amended Complaint re: #88 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A)(Quesnelle, Andrew)
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Filing 99
REPLY AFFIRMATION of Daniel Cobrinik in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit Kronenberg Testimony, #2 Exhibit Securities List and Performance Data, #3 Exhibit DiClemente Testimony, #4 Exhibit Investment Report)(Cobrinik, Daniel)
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Filing 98
REPLY AFFIRMATION of Ronald LaBow in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 97
FIRST REPLY MEMORANDUM OF LAW in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 96
MEMORANDUM OF LAW in Opposition re: #80 CROSS MOTION for Summary Judgment.. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Appendix, #2 Appendix Tab A, #3 Appendix Tab B, #4 Appendix Tab C, #5 Appendix Tab D, #6 Appendix Tab E, #7 Appendix Tab F)(Quesnelle, Andrew)
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Filing 95
MEMORANDUM OF LAW in Opposition re: #80 CROSS MOTION for Summary Judgment.. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 94
RESPONSE re: #86 Rule 56.1 Statement,. Document filed by Vincent D. Assetta, Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 93
REPLY MEMORANDUM OF LAW in Support re: #88 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A)(Quesnelle, Andrew)
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Filing 92
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Andrew T. Quesnelle dated 10/4/11 re: Counsel for the plaintiffs submits the following proposed briefing schedule for defendants motion for summary judgment: Plaintiffs response on or before 11/18/11 and defendants reply on or before 12/9/11. ENDORSEMENT: The briefing schedule is approved. No further extensions. Set Deadlines/Hearing as to #80 CROSS MOTION for Summary Judgment:( Responses due by 11/18/2011, Replies due by 12/9/2011.) (Signed by Judge Laura Taylor Swain on 10/5/2011) (mro)
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Filing 91
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 10/4/11 re: Counsel writes to advise that counsel for the plaintiffs and WHX have agreed to allow plaintiff until 11/2/11 to file a reply brief which will not exceed 25 pages. ENDORSEMENT: Extension to November 2, 2011 granted. The motion to amend will be decided by the undersigned and thus no page limitations apply. So ordered. Set Deadlines/Hearing as to #88 MOTION to Amend/Correct:( Replies due by 11/2/2011.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/4/2011) (mro)
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Filing 90
MEMORANDUM OF LAW in Opposition re: #88 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,. . Document filed by WHX Corporation. (Davidian, Deana)
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Filing 89
MEMORANDUM OF LAW in Support re: #88 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 88
MOTION to Amend/Correct #48 Amended Complaint,,. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7)(Quesnelle, Andrew)
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Filing 87
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Deana Davidian dated 9/28/2011 re: Counsel request that WHX's time to file its opposition to Plaintiff's motion to amend the Second Amended Complaint be extended until 10/3/2011. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2011) (jfe)
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Filing 86
RULE 56.1 STATEMENT. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Set/Reset Deadlines as to #88 MOTION to Amend/Correct #48 Amended Complaint,,. MOTION to Amend/Correct #48 Amended Complaint,,.. Responses due by 10/3/2011 (jfe)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #81 Declaration in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
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Filing 85
DECLARATION of Daniel Cobrinik in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 84
AFFIDAVIT of Ronald LaBow in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 83
MEMORANDUM OF LAW in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 82
DECLARATION of Daniel Cobrinik in Support re: #80 CROSS MOTION for Summary Judgment.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit EX A 2nd Amended Complaint, #2 Exhibit EX B. DiClemente Tr., #3 Exhibit EX C Nov 08 Ltr, #4 Exhibit EX D Third Amendment, #5 Exhibit EX E WHX Agreement, #6 Exhibit EX F Halpin Tr., #7 Exhibit EX G NatCity Authorizations, #8 Exhibit EX H Yahoo FInancial Data, #9 Exhibit EX I Halpin Losses Memo, #10 Exhibit EX J LaBow Letter, #11 Exhibit EX K LaBow Email, #12 Exhibit EX L Handwerker Email, #13 Exhibit EX M King Email, #14 Exhibit EX N DiClemente Email, #15 Exhibit EX O King Letter, #16 Exhibit EX P DiClemente Memo, #17 Exhibit EX Q Mar09 Emails)(Cobrinik, Daniel)
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Filing 81
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Daniel Cobrinik Rule 56.1 Statement in Support re: #80 CROSS MOTION for Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel) Modified on 9/30/2011 (db).
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Filing 80
CROSS MOTION for Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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Filing 79
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Ronald LaBow in Support re: #76 FIRST MOTION for Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel) Modified on 9/29/2011 (ldi).
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Filing 78
FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MEMORANDUM OF LAW in Support re: #76 FIRST MOTION for Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel) Modified on 9/29/2011 (ldi).
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Filing 77
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel Cobrinik in Support re: #76 FIRST MOTION for Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit Ex A 2nd Amended Complaint, #2 Exhibit Ex B. DiClemente Tr., #3 Exhibit Ex C. 11/3/08 Letter, #4 Exhibit Ex D. Third Amendment, #5 Exhibit Ex E. Invest Advisory Agreement, #6 Exhibit Ex F. Halpin Tr., #7 Exhibit Ex G. National City Authorizations, #8 Exhibit Ex H. S&P 500, Dow Jones Financial Reports, #9 Exhibit Ex I. Halpin Internal Memo, #10 Exhibit Ex J. 2/4/09 Letter, #11 Exhibit Ex K. 2/11/09 Email, #12 Exhibit Ex L. N&B Email to S. King, #13 Exhibit Ex M. S King Email to N&B, #14 Exhibit Ex N. DiClemente Email to N&B, #15 Exhibit Ex O. S King Letter 2/24/09, #16 Exhibit Ex P. DiClemente Memo re losses, #17 Exhibit Ex Q. Emails from 3/20/09)(Cobrinik, Daniel) Modified on 9/29/2011 (ldi).
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Filing 76
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Summary Judgment. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Affidavit Declaration of Good Faith, #2 Rule 56.1 Statement)(Cobrinik, Daniel) Modified on 9/29/2011 (ldi).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #79 Affidavit in Support of Motion, #78 Memorandum of Law in Support of Motion, #77 Declaration in Support of Motion. ERROR(S): Documents linked to filing error. (ldi)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #76 FIRST MOTION for Summary Judgment. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. Rule 56.1 Statement is found under the event list Other Answers. (ldi)
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Filing 75
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 9/27/2011 re: Defendants WPN Corp. and Ronald LaBow respectfully request that the Pre-Trial Scheduling Order be amended. Specifically, these Parties request that the following new deadlines be set. Close of Fact Discovery: December 30, 2011. Close of Expert Discovery: February 28,2012. Due date for dispositive motions: April 20, 2012. Final Pre-Trial Conference: December 14, 2012 at 2:00 p.m.. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2011) (rdz) Modified on 9/28/2011 (rdz).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Thomas Quesnelle to RE-FILE Document #73 Notice (Other), Notice (Other). Use the event type Amend/Correct found under the event list Motions. (ldi)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Thomas Quesnelle to RE-FILE Document #74 Brief. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 74
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #73 Notice (Other), Notice (Other). Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee.(Quesnelle, Andrew) Modified on 9/29/2011 (ldi).
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Filing 73
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion for Leave to Amend the Second Amended Complaint re: #48 Amended Complaint. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7)(Quesnelle, Andrew) Modified on 9/29/2011 (ldi).
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Filing 72
OPINION AND ORDER #100741 re: #59 MOTION to Dismiss Second Amended Complaint filed by WHX Corporation and #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Ronald Labow, WPN Corporation. For the reasons set forth within, WHX's motion to dismiss (Docket# 59) is granted and WPN and LaBow's motion to dismiss (Docket# 51) is granted in part and denied in part. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/1/2011) (ab) Modified on 9/2/2011 (ajc).
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Filing 71
AMENDED AGREED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Laura Taylor Swain on 4/13/11) (jmi)
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Filing 70
CONSENT TO MAGISTRATE JUDGE DISPOSITIVE ON MOTION re #59 MOTION to Dismiss Second Amended Complaint., #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint. MOTION REFERRED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 4/5/2011) (jfe)
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Filing 69
NOTICE of Consent to Refer Dispositive Motions to a U.S. Magistrate Judge re: #59 MOTION to Dismiss Second Amended Complaint., #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 68
ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 3/17/11 re: The current Pre-Trial Scheduling Order sets the end of fact discovery for March 31, 2011, with other deadlines following thereafter. Due to the late addition of an extra defendant and the delay necessitated by briefing on the Defendants' Motions to Dismiss, the Parties request that the Pre-Trial Scheduling Order be amended. Specifically, the Parties request that the following new deadlines be set: Deadline in paragraph 2.a of the May 14, 2010 Order is adjourned to September 30, 2011; Deadline in paragraph 2.c: November 18, 2011; Deadline in paragraph 3: January 13, 2012; Final Pre-Trial Conference before Judge Swain, May 11, 2012 at 10:00 a.m.; Settlement Conference: Plaintiff to inform court when parties are prepared to attend a settlement conference. ENDORSEMENT: SO ORDERED. (Discovery due by 11/18/2011, Motions due by 1/13/2012, Final Pretrial Conference set for 5/11/2012 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/17/11). (djc)
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Filing 67
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WHX Corporation.(Davidian, Deana)
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Filing 66
REPLY MEMORANDUM OF LAW in Support re: #59 MOTION to Dismiss Second Amended Complaint.. Document filed by WHX Corporation. (Kaplan, Howard)
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Filing 65
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Howard J. Kaplan, dated 2/7/2011, re: Counsel for Defendant WHX Corporation ("WHX") writes to request that WHX's time to file its reply memorandum in support of its motion to dismiss the Second Amended Complaint ("Complaint") be extended until February 14, 2011. Currently, WHX's reply is due February 9, 2011. This is our first request for an extension of WHX's time to file its reply. Plaintiffs' counsel do not oppose this request. ENDORSEMENT: The request is granted. SO ORDERED. Set Deadline as to #59 MOTION to Dismiss Second Amended Complaint: Reply due by 2/14/2011. (Signed by Judge Laura Taylor Swain on 2/9/2011) (lnl)
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Filing 64
MEMORANDUM OF LAW in Opposition re: #59 MOTION to Dismiss Second Amended Complaint.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 63
REPLY MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 62
ORDER: Docket cnhy number 35 in this matter is hereby terminated because it has been superseded by further amendment and motion. Docket enhy numbers 57 and 58 are also terminated because they appear to be duplications of docket entry numbers 59 and 60. (Signed by Judge Laura Taylor Swain on 1/24/2011) (jpo)
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Filing 61
RESPONSE in Opposition re: #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 60
MEMORANDUM OF LAW in Support re: #59 MOTION to Dismiss Second Amended Complaint.. Document filed by WHX Corporation. (Kaplan, Howard)
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Filing 59
MOTION to Dismiss Second Amended Complaint. Document filed by WHX Corporation.(Kaplan, Howard)
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Filing 58
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #60) - MEMORANDUM OF LAW in Support re: #57 MOTION to Dismiss Second Amended Complaint.. Document filed by WHX Corporation. (Kaplan, Howard) Modified on 1/24/2011 (lb).
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Filing 57
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #59) - MOTION to Dismiss Second Amended Complaint. Document filed by WHX Corporation.(Kaplan, Howard) Modified on 1/24/2011 (lb).
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Filing 56
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Howard J. Kaplan dated 1/6/11 re: counsel for defendant WHX Corporation writes that the parties jointly request that WHX's time to move, answer, or otherwise respond to the Second Amended Complaint ("Complaint") be extended until January 14, 2011. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/6/11) (pl)
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Filing 55
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Howard J. Kaplan dated 1/6/11 re: Request for an extension of time for defendant WHX to respond to the complaint until 1/14/11. ENDORSEMENT: The request is granted. SO ORDERED. WHX Corporation answer due 1/14/2011. (Signed by Judge Laura Taylor Swain on 1/7/11) (db)
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Filing 54
MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Ex. A to 2nd Amended Complaint, #3 Exhibit Ex B to Second Amended Complaint, #4 Exhibit Ex. C to Second Amended Complaint, #5 Exhibit Ex. D to Second Amended Complaint, #6 Exhibit Ex. E to Second Amended Complaint, #7 Exhibit Ex. F to Second Amended Complaint, #8 Exhibit Ex. B to Motion to Dismiss: S&P 500 Performance Chart)(Cobrinik, Daniel)
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Filing 53
DECLARATION of Daniel Cobrinik in Support re: #51 FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. (Cobrinik, Daniel)
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Filing 52
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Second Amended COmplaint: Good Faith Declaration). Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel) Modified on 1/6/2011 (ka).
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Filing 51
FIRST MOTION to Dismiss Plaintiffs' Second Amended Complaint. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation.(Cobrinik, Daniel)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #50 MOTION to Dismiss Second Amended Complaint. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Cobrinik to RE-FILE Document #49 MOTION to Dismiss Complaint. ERROR(S): Filing Error of Attachment. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (ka)
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Filing 50
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(MEMORANDUM OF LAW IN SUPPORT) - MOTION to Dismiss Second Amended Complaint. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. Responses due by 1/21/2010 (Attachments: #1 Exhibit A Second Amended Complaint, #2 Exhibit Complaint Ex. A, #3 Exhibit Complaint Ex. B, #4 Exhibit Complaint Ex. C, #5 Exhibit Complaint Ex. D, #6 Exhibit Complaint Ex. E, #7 Exhibit B S&P 500 decline)(Cobrinik, Daniel) Modified on 12/13/2010 (ka).
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Filing 49
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Complaint. Document filed by Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WPN Corporation. Responses due by 1/21/2010 (Attachments: #1 Affidavit)(Cobrinik, Daniel) Modified on 12/13/2010 (ka).
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Filing 48
SECOND AMENDED COMPLAINT amending #29 Amended Complaint,, against Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.), Ronald Labow(in his individual capacity), WHX Corporation, WPN Corporation.Document filed by Timothy S. Rogers, Severstal Wheeling, Inc. Retirement Committee, Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc.. Related document: #29 Amended Complaint,, filed by William Drew Landon, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, Severstal Wheeling, Inc..(mbe) (ca). (Additional attachment(s) added on 11/2/2015: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (ca).
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Filing 47
ORDER that the settlement conference is adjourned sine die (as is the deadline contained in paragraph 12 of the Order dated 5/14/10). The parties shall write to the Court when they are prepared to participate in a settlement conference. On the representation that defendant does not object, the plaintiff is hereby granted leave to file the proposed Second Amended Complaint. The motion filed as docket #45 is deemed moot. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/10) (cd)
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Filing 46
AFFIRMATION of Andrew T. Quesnelle in Support re: #45 CONSENT MOTION to Amend/Correct #32 Scheduling Order,, Pertaining to the Date by Which Settlement Conference Must Be Held.CONSENT MOTION to Amend/Correct #32 Scheduling Order,, Pertaining to the Date by Which Settlement Conference Must Be Held.. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee. (Quesnelle, Andrew)
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Filing 45
CONSENT MOTION to Amend/Correct #32 Scheduling Order,, Pertaining to the Date by Which Settlement Conference Must Be Held. Document filed by Melvin Baggett, William Drew Landon, Timothy S. Rogers, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee.(Quesnelle, Andrew)
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Filing 44
ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew I Quesnelle dated 11/3/2010 re: Plaintiffs request the scheduling of a pre-motion conference for non-discovery matter. To the extent that Your Honor wishes to speak with counsel during this conference, Plaintiffs request that it be held by telephone as Plaintiffs' counsel from out of state. Plaintiffs plan to file a motion with the Court requesting that Judge Swain amend her Pre-Trial Scheduling Order to permit the settlement conference - which is currently scheduled on November 17, 2010- to take place after November 19, 2010 given Plaintiff's proposed Second Amended Complaint. ENDORSEMENT: With respect to the request to amend the complaint, plaintiffs shall supply a copy of the proposed pleading to opposing counsel forthwith. If opposing counsel does not consent to the filing of the proposed pleading, the pre-motion conference requirement is waived. Any motion to amend the scheduling order is to be made to the undersigned, not Judge Swain. See Order, dated May 17, 2010, Paragraph 1. Any request to adjourn the date of the settlement conference is similarly to be made to the undersigned and should be done in accordance with paragraph 8 of the Standing Order Applicable to Settlement Conferences Before Judge Gorenstein (attached to the Order, dated July 16, 2010). Unless any such application is granted, the conference remains scheduled for November 17, 2010. Letters are due November 12, 2010 at noon. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/4/2010) (js)
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Filing 43
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew T. Quesnelle dated 9/27/2010 re: The parties request that the settlement conference be postponed until 11/17/2010 at 2:30 p.m. ENDORSEMENT: Granted. Letters due November 12, 2010 at noon. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/27/2010) (jfe)
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Filing 42
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for October 19,2010, at 10:00 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and all other parties no later than 12:00 noon three business days before the conference: that is, October 14, 2010. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/16/2010) (jfe)
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Filing 41
REPLY MEMORANDUM OF LAW in Support re: #35 FIRST MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). (Cobrinik, Daniel)
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Filing 40
MEMORANDUM OF LAW in Opposition re: #35 FIRST MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Severstal Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta. (Quesnelle, Andrew)
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Filing 39
STIPULATION TO MODIFY THE BRIEFING SCHEDULE: (1) Plaintiffs' Answer to Defendants' motion to dismiss shall be served and filed on or before 6/15/2010. (2) Defendants' Reply shall be served and filed on or before 6/29/2010. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/7/2010) (tve)
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Filing 38
ANSWER to Amended Complaint. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). Related document: #29 Amended Complaint,, filed by William Drew Landon, Timothy S. Rogers, Melvin Baggett, Severstal Wheeling, Inc. Retirement Committee, Severstal Wheeling, Inc..(Cobrinik, Daniel)
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Filing 37
AFFIRMATION of Daniel Cobrinik in Support re: #35 FIRST MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). (Cobrinik, Daniel)
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Filing 36
MEMORANDUM OF LAW in Support re: #35 FIRST MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). (Cobrinik, Daniel)
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Filing 35
FIRST MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.).(Cobrinik, Daniel)
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Filing 34
ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.c. 636(b)(1 )(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, tor injunctive relief, tor summary judgment, or for class certification), as set forth in this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/2010) (jpo)
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***DELETED DOCUMENT. Deleted document number 33 PRETRIAL SCHEDULING ORDER. The document was incorrectly filed in this case. (jpo)
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 5/14/2010. The Court signs the Agreed Protective Order. PTC Scheduling order to follow. Case is referred to MJ Gorenstein for GPT. Order to follow. Final Pretrial Conference set for 9/2/2011 at 10:00 AM before Judge Laura Taylor Swain. (mro)
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Filing 32
PRE-TRIAL SCHEDULING ORDER: Amended Pleadings due by 6/30/2010. Joinder of Parties due by 6/30/2010. All non-expert witness discovery in this matter must be completed by 3/31/11; Motions due by 6/30/2011. All expert witness discovery must be completed by May 31, 2011; Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before June 30, 2011; Final Pretrial Conference set for 9/2/2011 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. The parties must begin meeting with Judge Gorenstein for settlement purposes by November 19, 2010. (Signed by Judge Laura Taylor Swain on 5/14/10) (djc) Modified on 1/9/2013 (djc).
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Filing 31
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 5/14/10) (djc)
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Filing 30
AGREED PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Laura Taylor Swain on 5/14/10) (djc)
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Filing 29
AMENDED COMPLAINT amending #1 Complaint against WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers. Related document: #1 Complaint filed by William Drew Landon, Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Melvin Baggett, Vincent D. Assetta, Severstal Wheeling, Inc.(mro)
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Filing 28
CERTIFICATE OF SERVICE. WPN Corporation served on 5/7/2010, answer due 5/28/2010; Ronald Labow(in his individual capacity) served on 5/7/2010, answer due 5/28/2010. Service was made by Mail. Document filed by Melvin Baggett; William Drew Landon; Severstal Wheeling, Inc.; Several Wheeling, Inc. Retirement Committee; Timothy S. Rogers. (Cheverko, Geraldine)
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Filing 27
JOINT PRELIMINARY PRETRIAL STATEMENT. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers. (Attachments: #1 Agreed Protective Order)(Quesnelle, Andrew)
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Filing 26
ORDER denying without prejudice #18 Motion to Dismiss. Plaintiffs may file an amended Complaint on or before May 7, 2010. (Signed by Judge Laura Taylor Swain on 4/19/10) (djc)
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Set Deadlines/Hearings: Amended Pleadings due by 5/7/2010. (djc)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #18 FIRST MOTION to Dismiss Copmplaint.. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta. (Quesnelle, Andrew)
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Filing 24
STIPULATION AND ORDER TO MODIFY THE BRIEFING SCHEDULED AND FOR WITHDRAWAL OF RONALD LABOW AFFIDAVIT: Plaintiffs' Answer to Defendants' motion to dismiss shall be served and filed on or before 4/8/2010. Defendants' Reply shall be served and filed on or before 4/22/2010. To avoid treatment of their Motion to Dismiss as on for summary judgment, Defendants withdraw the affidavit of defendants Ronald LaBow submitted in support of the motion to dismiss, but the Exhibits to the LaBow Affidavit shall be deemed Exhibits to the Memorandum of Law submitted in support of the motion to dismiss and not matters outside the pleadings. Set Deadlines/Hearing as to #18 FIRST MOTION to Dismiss Copmplaint:( Responses due by 4/8/2010, Replies due by 4/22/2010.) (Signed by Judge Laura Taylor Swain on 3/25/2010) (tro)
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Filing 23
AFFIDAVIT OF SERVICE of Notice of Appearance served on Ronald Labow and WPN Corporation on March 19, 2010. Service was made by mail. Document filed by Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee. (Bhimani, Riyaz)
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Filing 22
NOTICE OF APPEARANCE by Riyaz Gulam Bhimani on behalf of Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee (Bhimani, Riyaz)
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Filing 21
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying none as Corporate Parent. No Corporate Parent. Document filed by WPN Corporation.(Cobrinik, Daniel)
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Filing 20
AFFIDAVIT of Ronald LaBow in Support re: #18 FIRST MOTION to Dismiss Copmplaint.. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). (Attachments: #1 Exhibit B. S & P 500 history, #2 Exhibit Ex. C. Third Amendment to Agreement, #3 Exhibit Ex. A Complaint)(Cobrinik, Daniel)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 FIRST MOTION to Dismiss Copmplaint.. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). (Cobrinik, Daniel)
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Filing 18
FIRST MOTION to Dismiss Copmplaint. Document filed by WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.).(Cobrinik, Daniel)
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Filing 17
ORDER FOR ADMISSION ADMIT ANDREW THOMAS QUESNELLE AS COUNSEL PRO HAC VICE granting #13 Motion for Andrew Thomas Quesnelle to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 3/8/10) (cd)
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Filing 16
ORDER FOR ADMISSION ADMIT CLARE MARIE GALLAGHER AS COUNSEL PRO HAC VICE granting #12 Motion for Clare Marie Gallagher to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Laura Taylor Swain on 3/8/10) (cd)
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CASHIERS OFFICE REMARK on #12 Motion to Appear Pro Hac Vice, #9 Motion to Appear Pro Hac Vice, #13 Motion to Appear Pro Hac Vice, #11 Motion to Appear Pro Hac Vice in the amount of $100.00, paid on 02/23/2010, Receipt Number 895344. (jd)
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Filing 15
ORDER FOR ADMISSION ADMIT SANDRA R. MIHOK AS COUNSEL PRO HAC VICE granting #9 Motion for Sandra R.Mihok to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Laura Taylor Swain on 3/3/10) (cd)
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Filing 14
ORDER FOR ADMISSION ADMIT MARK ALAN WILLARD AS COUNSEL PRO HAC VICE, granting #11 Motion for Mark Alan Willard to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Laura Taylor Swain on 3/3/10) (cd)
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Filing 10
STIPULATION AND ORDER, WPN Corporation answer due 3/26/2010; Ronald Labow(in his individual capacity) answer due 3/26/2010; Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.) answer due 3/26/2010. (Signed by Judge Laura Taylor Swain on 3/1/10) (cd)
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Filing 13
MOTION for Andrew Thomas Quesnelle to Appear Pro Hac Vice on behalf of plaintiffs, w/ attch. Affidavit in support. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta.(pl)
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Filing 12
MOTION for Clare Marie Gallagher to Appear Pro Hac Vice on behalf of plaintiffs., w/ attch. Affidavit in support. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta.(pl) (pl).
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Filing 11
MOTION for Mark Alan Willard to Appear Pro Hac Vice. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta.(mro)
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Filing 9
MOTION for Sandra R. Mihok to Appear Pro Hac Vice. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta.(mro)
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Filing 7
CERTIFICATE OF SERVICE of Summons and Complaint,. Ronald Labow(in his individual capacity) served on 2/12/2010, answer due 3/5/2010. Service was accepted by Bernardo, building consierge. Document filed by Several Wheeling, Inc. Retirement Committee. (Kramer, Steven)
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Filing 6
ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 5/14/2010 at 11:45 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/18/2010) (jpo)
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Filing 5
SEALED DOCUMENT placed in vault.(nm)
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Filing 8
LETTER addressed to Judge Laura Taylor Swain from Andrew T. Quesnelle dated 2/16/2010 re: Counsel for Plaintiffs request that the last twelve pages of Exhibit B, numbered i through xii, which contain confidential, sensitive, and personal information, be removed from Plaintiffs' Complaint so that they do not become part of the public record. Plaintiffs requests that the Court issues a protective order or some other suitable mechanism preventing Defendants from using or disclosing and otherwise protecting the confidentiality of this information. Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta.(tro)
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Filing 4
ORDER, that the Clerk of Court remove the final twelve pages of Exhibit B to the Complaint (pages i to xii) from the physical copy of the Complaint, filing them under seal until further order of the Court. It is further ORDERED, that any defendant receiving a copy of the complaint that includes pages i to xii of Exhibit B shall keep confidential the personal identifier information contained therein, refrain from copying those pages or the information on them in any way, and return those pages promptly to Plaintiffs counsel. It is further ORDERED, that no party shall file any document containing the personal information contained in pages i to xii of Exhibit B without first obtaining permission from the Court to do so. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/17/2010) (jmi)
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Filing 3
CERTIFICATE OF SERVICE of Summons and Complaint,. WPN Corporation served on 2/12/2010, answer due 3/5/2010. Service was accepted by Donna Christie, authorized agent of Secretary of State. Document filed by Several Wheeling, Inc. Retirement Committee. (Kramer, Steven)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Severstal Wheeling Steel Group, Inc.; Severstal Sparrows Point, LLC; Severstal US Holdings II, Inc.; Severstal US Holdings, LLC as Corporate Parent. Document filed by Severstal Wheeling, Inc.(ama)
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Filing 1
COMPLAINT against WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc.). (Filing Fee $ 350.00, Receipt Number 0000)Document filed by Melvin Baggett, William Drew Landon, Severstal Wheeling, Inc., Several Wheeling, Inc. Retirement Committee, Timothy S. Rogers, Vincent D. Assetta.(ama) (Additional attachment(s) added on 3/2/2010: #1 exhibit A, #2 exhibit B, #3 exhibit C pages 1-25, #4 exhibit C 26-45, #5 exhibit C pages 46-62, #6 exhibit D, #7 exhibit E, #8 exhibit F) (ama).
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SUMMONS ISSUED as to WPN Corporation, Ronald Labow(in his individual capacity), Ronald Labow(as named fiduciary of the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employee's Pension Plan of Severstal Wheeling, Inc). (ama)
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Case Designated ECF. (ama)
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Magistrate Judge Gabriel W. Gorenstein is so designated. (ama)
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