Enright et al v. New York City District Council of Carpenters Welfare Fund et al
| Patrick Enright, Henry Diamond, James Lynch, John Gorham, James Patterson, Emanuel Pyros and Mike Zemesky |
| New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund and Joseph Epstein |
| 1:2012cv04181 |
| May 25, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| J. Paul Oetken |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
73
AMENDED OPINION AND ORDER: For the foregoing reasons, Defendants cross-motion for summary judgment is GRANTED, Defendants motion for summary judgment and Defendant-Intervenors motion for summary judgment are GRANTED in part and DENIED in part, and Pl aintiffs motion for summary judgment is GRANTED in part and DENIED in part. Claims One, Two, Three, Four, Five, Six and Eight are dismissed. By contrast, Defendants are liable under Claim Seven as a matter of law. In sum, the sole remaining issue in this case is the appropriate remedy for Claim Seven. The Clerk of the Court is directed to terminate the motions at Docket Numbers 20, 33, 36, and 37. The parties are directed to meet and confer, and, on or before July 22, 2013, to jointly propose a schedule for resolution of the remaining issue in this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/10/2013) (ama)
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Filing
69
OPINION AND ORDER: re: 20 MOTION for Summary Judgment as to non-class claims. filed by James Patterson, 36 MOTION to Dismiss the Complaint's First, Second, Third and Fourth Causes of Action. filed by New York City District Coun cil of Carpenters Welfare Fund, Joseph Epstein, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund, 37 CROSS MOTION for Summary Judgment. filed by Spivak Lipton LLP, 33 CROSS MOTION to Dismiss the Complaint& #039;s Second, Fifth, Sixth, Seventh and Eighth Causes of Action. filed by New York City District Council of Carpenters Welfare Fund, Joseph Epstein, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. For the foregoing reasons, Defendants cross-motion for summary judgment is GRANTED, Defendants motion for summary judgment and Defendant-Intervenors motion for summary judgment are GRANTED in part and DENIED in part, and Plaintiffs motion for summary judgmen t is GRANTED in part and DENIED in part. Claims One, Two, Three, Four, Five, Six and Eight are dismissed. By contrast, Defendants are liable under Claim Seven as a matter of law. In sum, the sole remaining issue in this case is the appropriate remedy for Claim Seven.The Clerk of the Court is directed to terminate the motions at Docket Numbers 20, 33, 36, and 37. The parties are directed to meet and confer, and, on or before July 22, 2013, to jointly propose a schedule for resolution of the remaining issue in this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/01/2013) (ama)
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