Division 1181 Amalgamated Transit Union - New York Employees Pension Fund et al v. New York City Department of Education
| Division 1181 Amalgamated Transit Union - New York Employees Pension Fund |
| New York City Department of Education |
| Jean Claude, as Trus Calixte, Thomas, as Trustee o Jemmott, James, as Trustee of Hedge, Neil, as Trustee of Strahl, Domenic, as Trustee Gatto, Andrew, as Trustee o Brettschneider and Division 1181 Amalgamated Transit Union - New York Employees Pension Fund |
| New York City Department of Education |
| 1:2013cv09112 |
| December 26, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| P. Kevin Castel |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
157
MEMORANDUM AND ORDER denying 147 Motion for Attorney Fees: The DOE's motion for an award of attorneys' fees is DENIED. The Clerk is directed to terminate the motion. (Docket # 147.) (Signed by Judge P. Kevin Castel on 10/2/2018) (jwh)
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Filing
137
MEMORANDUM AND ORDER granting 105 Motion for Summary Judgment. Discovery in this case is now closed, and the DOE moves for summary judgment in its favor. For the reasons that will be explained, no reasonable trier of fact could conclude that th e eleven non-party bus companies identified by the Fund are alter egos of the DOE. (As further set forth in this Order.) The DOE's motion for summary judgment is GRANTED. (Docket # 105.) The Clerk is directed to terminate the motion, enter judgment for the defendant and close the case. (Signed by Judge P. Kevin Castel on 8/30/2017) (cf)
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Filing
55
ORDER denying 39 Motion for Certificate of Appealability; granting in part and denying in part 39 Motion for Reconsideration. Having considered all of the arguments advanced by the DOE, its motion for reconsideration is GRANTED with respect to the claim that it was a joint employer with the DOE Contractors and otherwise DENIED. Plaintiffs' claim for withdrawal liability premised on a joint employer theory of liability is dismissed. The DOE's motion for certification pursuant to section 1292(b) is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/21/2014) (ajs)
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