Levy et al v. Young Adult Institute, Inc. et al
| Joel M. Levy and Judith W. Lynn |
| Young Adult Institute, Inc., Eliot P. Green, John Doe, Board of Trustees of Young Adult Institute, Inc., Pension Retirement Committee of the Board of Trustees of Young Adult Institute, Supplemental Pension Plan and Trust for Certain Management Employees of Young Adult Institute and Life Insurance Plan and Trust for Certain Management Employees of Yai |
| 1:2013cv02861 |
| April 30, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| J. Paul Oetken |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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Filing
680
MEMORANDUM AND ORDER: For the foregoing reasons, Plaintiffs' motion for reconsideration is DENIED, and Plaintiffs' motion for an award of attorney's fees and costs is GRANTED in part and DENIED in part. Plaintiffs are hereby awarded supplemental fees and costs in the amount of $250,725.47, consisting of $234,731.71 in attorney's fees and $15,993.76 in costs. Based on the Courts findings here, together with the sums awarded in the Opinion (Dkt. No. 668 at 1112), Plaintiffs are entitled to a net award of costs and fees in the amount of $2,421,503.61. Defendants' motion for a conference regarding the release of their appeal bond and surety rider is DENIED, without prejudice to renewal after the parties have attempted to meet and confer to resolve any remaining disputes. The Clerk of Court is directed to close the motion at Docket Number 674, and to enter judgment awarding attorney's fees and costs to Plaintiffs in the amount of $2,421,503.61. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/30/2019) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing
668
OPINION AND ORDER. For the foregoing reasons, Plaintiffs' motion for an award of attorney's fees and costs is GRANTED in part and DENIED in part. Plaintiffs are hereby awarded the amount of $2,170,778.14 in attorney's fees and cos ts. Plaintiffs are granted leave to file a supplemental motion for attorney's fees and costs with respect to fees and expenses incurred from September 1, 2017 to the present. Defendants may file an opposition to any such motion within fourteen d ays of the filing of Plaintiffs' supplemental motion. The Court will separately address any such supplemental motion for an award of attorney's fees and costs. The Clerk of Court is directed to close the motions at Docket Numbers 635 and 66 6. SO ORDERED. re: 666 LETTER MOTION for Leave to File Supplemental Attorney Fee Motion addressed to Judge J. Paul Oetken from Michael C. Rakower dated February 26, 2019. Document filed by Joel M. Levy, Judith W. Lynn, 635 MOTION for Attorney Fees and Costs filed by Judith W. Lynn, Joel M. Levy. (Signed by Judge J. Paul Oetken on 3/30/2019) (rjm)
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Filing
621
OPINION AND ORDER: re: 607 MOTION for Reconsideration of Bench Ruling filed by Board of Trustees of Young Adult Institute, Inc., Life Insurance Plan and Trust for Certain Management Employees of Yai, Supplemental Pension Plan and Trust f or Certain Management Employees of Young Adult Institute, Pension Retirement Committee of the Board of Trustees of Young Adult Institute, Young Adult Institute, Inc. For the foregoing reasons, Defendants' motion for reconsideration of the Court& #039;s bench ruling is DENIED. Based on the Court's findings here, together with the sums stipulated to by the parties in their Joint Pretrial Order (Dkt. No. 563 at 31- 33), the parties shall calculate the total award due to Plaintiffs and subm it a proposed final judgment to the Court on or before May 19, 2017. The Court will separately address any award of attorneys fees. The Clerk of Court is directed to close the motion at Docket Number 607. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/09/2017) (ama)
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Filing
527
OPINION AND ORDER re: 468 MOTION for Summary Judgment . filed by Eliot P. Green, 403 MOTION for Attorney Fees Pursuant to ERISA 502(g)(1) as Interim Relief. filed by Judith W. Lynn, Joel M. Levy, 456 MOTION for Summa ry Judgment . filed by Board of Trustees of Young Adult Institute, Inc., Life Insurance Plan and Trust for Certain Management Employees of Yai, Supplemental Pension Plan and Trust for Certain Management Employees of Young Adult Institute , Pension Retirement Committee of the Board of Trustees of Young Adult Institute, Young Adult Institute, Inc., Israel Discount Bank of New York, 464 MOTION for Summary Judgment . filed by Judith W. Lynn, Joel M. Levy.The plaintiffs ' motion for summary judgment is GRANTED in part and DENIED in part. YAI cannot avoid liability for defaulting on the payment of Levy's SERP benefits. YAI's motion for summary judgment is GRANTED in part and DENIED in part. Levy agr eed to the reduction of his SERP benefits in 2008, and the 2008 Amendment was valid. Disputed questions of fact remain regarding the effectiveness of the A&R. Green's motion for summary judgment is GRANTED. All claims against Elliot P. Green a nd Israel Discount Bank are hereby dismissed. The plaintiffs' request for interim relief is DENIED. The Clerk of Court is directed to terminate the motions docketed at Dkt. Nos. 403, 456, 464, and 468. (Signed by Judge J. Paul Oetken on 10/18/2016) (kgo) Modified on 10/18/2016 (kgo).
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Filing
515
OPINION AND ORDER: Defendant YAI's objection to Judge Netburn's ruling is OVERRULED. The Clerk of Court is directed to close the motion at docket number 473. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/18/2016) (ama)
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Filing
472
OPINION AND ORDER. The motions to amend are DENIED. The Clerk of Court is directed to terminate the motions docketed at ECF Nos. 396 and 412. SO ORDERED. re: 396 MOTION to Amend/Correct Eliot P. Green's Answer filed by Eliot P. Gr een, 412 MOTION to Amend/Correct Defendant YAI Answer filed by Board of Trustees of Young Adult Institute, Inc., Life Insurance Plan and Trust for Certain Management Employees of Yai, Supplemental Pension Plan and Trust for Certain Management Employees of Young Adult Institute, Pension Retirement Committee of the Board of Trustees of Young Adult Institute, Young Adult Institute, Inc. (Signed by Magistrate Judge Sarah Netburn on 6/29/2016) (rjm)
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Filing
313
OPINION AND ORDER ON REPORT AND RECOMMENDATION re: 282 Report and Recommendation re: 261 MOTION for Partial Summary Judgment filed by Board of Trustees of Young Adult Institute, Inc., Life Insurance Plan and Trust for Certain Management Employees of Yai, Supplemental Pension Plan and Trust for Certain Management Employees of Young Adult Institute, Pension Retirement Committee of the Board of Trustees of Young Adult Institute, Young Adult Institute, Inc. For the foregoing re asons, and the reasons explained in Judge Netburn's Report, that Report (Dkt. No. 282) is hereby ADOPTED in full, and YAI's motion for partial summary judgment (Dkt. No. 261) is hereby DENIED. The Clerk of Court is directed to close the motion at Docket Number 261. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 12/2/2015) (kko)
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Filing
277
OPINION AND ORDER re: 252 MOTION For Indemnification Pendente Lite . filed by Joel M. Levy. For these reasons, Levy's motion for advancement of fees is GRANTED. YAI is ordered to (i) reimburse Levy for reasonable legal fees and expenses incurred in connection with the filing of this motion, and (ii) pay an advance retainer on his behalf toward legal fees and expenses to be incurred in connection with the counterclaims. The parties shall meet and confer in an effort to agre e upon such reasonable fees and file a joint letter within 14 days of this Order on such agreement or any outstanding disputes. The Clerk of Court is directed to terminate the motion at Docket Entry 252. SO ORDERED. (As further set forth within this Opinion.) (Signed by Magistrate Judge Sarah Netburn on 9/14/2015) (ajs)
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Filing
229
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 168 MOTION to Dismiss YAI's Breach of Fiduciary Duty and Faithless Servant Counterclaims, filed by Joel M. Levy. For the foregoing reasons, Plaintiffs' objections to the Report are OVERRULED following the Court's de novo review. The Court has also reviewed the portion of the Report to which Plaintiffs did not specifically object and concludes that it is not clearly erroneous. Accordingly, Magistrate Judge Netburn's Report and Recommendation is ADOPTED, and Levy's motion to dismiss YAI's counterclaims is DENIED. The Clerk of the Court is directed to close the motion at docket number 168. (Signed by Judge J. Paul Oetken on 4/30/2015) (kko)
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Filing
177
ORDER ADOPTING REPORT AND RECOMMENDATION for 164 Report and Recommendations. Judge Netburn's thorough and well-reasoned Report presents no such errors and is therefore fully adopted by this Court. Accordingly, Plaintiffs' motion for a preliminary injunction is DENIED. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/13/2015) (ama)
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Filing
163
OPINION AND ORDER re: 137 MOTION to Amend/Correct The Third Amended Complaint filed by Judith W. Lynn, Joel M. Levy. For the reasons discussed above, the plaintiffs' motion to amend the Third Amended Complaint is DENIED. The Clerk of Court is directed to terminate the motion at Docket Number 137. SO ORDERED. (See Order.) (Signed by Magistrate Judge Sarah Netburn on 11/21/2014) (ajs)
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Filing
75
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 20 MOTION to Dismiss First Amended Complaint. filed by Eliot P. Green, Board of Trustees of Young Adult Institute, Inc., John Doe, Life Insurance Plan and Trust for Certain Management Employees of Yai, Supplemental Pension Plan and Trust for Certain Management Employees of Young Adult Institute, Pension Retirement Committee of the Board of Trustees of Young Adult Institute, Young Adult Institute, Inc. For the foregoing reasons, t he Report and Recommendation (Dkt. No. 58) is ADOPTED as to Counts I-XIV. Accordingly, the motion to dismiss is GRANTED as to Counts V, IX, and X (for lack of subject matter jurisdiction); Counts XII-XIV (based on ERISA preemption); and Count XI (for failure to state a claim); and is DENIED as to Counts I-IV and VI-VIII. Plaintiffs' objection is sustained as to Count XV and, accordingly, the motion to dismiss is DENIED as to Count XV. In all other respects, the parties' objections are overruled. The Clerk of the Court is directed to close the motion at docket number 20. (Signed by Judge J. Paul Oetken on 3/31/2014) (lmb)
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