Iron Workers Locals 40, 361 & 417 Health Fund v. Dinnigan et al
| Iron Workers Locals 40, 361 & 417 Health Fund |
| Robert Dinnigan, The Amanda C. Dinnigan Supplemental Needs Irrevocable Trust, Alan Shapey and Lipsig, Shapey, Manus, Moverman, P.C. |
| 1:2012cv02566 |
| April 4, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
34
OPINION & ORDER re: 19 CROSS MOTION for Summary Judgment 15 MOTION for Judgment on the Pleadings. CONCLUSION: Defendant's Motion to Dismiss the Complaint is DENIED and Plaintiff's and Defendants' Motion for Summary Judgment are GR ANTED in part and DENIED in part. The Clerk of the Court is directed to enter judgment for Plaintiff in the amount of $1,292,278. This is 75% of the medical expenses of $1,692,371 paid out by Plaintiff. The amount of $423,092.7 5 reflects Plaintiffs fair share of the attorneys' fees and expenses incurred in creating the total settlement Fund. The amount allowed here to cover the attorneys' fees and expenses is not payable to Defendants' attorneys, as they ha ve already been fully compensated. The amount allowed for attorneys' fees so that Plaintiff bears its fair share is to remain in the trust created for the benefit of Ms. Dinnigan. The Clerk of Court is directed to terminate this case after the judgment is entered. SO ORDERED. (Signed by Judge Paul A. Crotty on November 21, 2012) (mov)
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