Montefiore Medical Center v. Local 272 Welfare Fund et al
| Montefiore Medical Center |
| Local 272 Welfare Fund and Marc Goodman |
| 1:2014cv10229 |
| December 31, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Lewis A. Kaplan |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
73
OPINION & ORDER ADOPTING REPORT & RECOMMENDATIONS for 68 Report and Recommendations 48 Motion for Summary Judgment filed by Marc Goodman, Local 272 Welfare Fund, 43 Motion for Partial Summary Judgment filed by Montefiore Medical Center . The parties cross-moved for summary judgment. The motions were referred to Magistrate Judge Netburn, and on December 2, 2016, she issued a Report and Recommendation (the "Report"), which recommends that Montefiore's Motion for Summ ary Judgment be granted and the Fund's Motion for Summary Judgment be denied. On December 16, 2016, the Fund filed objections to the Report, and on December 30, 2016, Montefiore filed its response. For the reasons that follow, the Court adopt s the thorough and well-reasoned Report in its entirety. (As further set forth in this Order.) Plaintiff's Motion for Summary Judgment is granted and Defendants' Motion for Summary Judgment is denied. This case is remanded to the Fund so t hat it can reconsider Montefiore's claims, consistent with this Opinion and the Report and Recommendation, which is adopted in full, within the time constrains set forth in the Plan. The Clerk of Court is respectfully directed to close the motions pending at docket numbers 43 and 48. (Signed by Judge Ronnie Abrams on 3/31/2017) (cf)
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Filing
33
ORDER ADOPTING REPORT & RECOMMENDATION for 28 Report and Recommendations. The Court has reviewed the Report and found no clear error. Accordingly, Plaintiff's second cause of action is dismissed for lack of jurisdiction. As Judge Netb um warned, the parties' failure to file timely objections to the Report has waived those objections for the purposes of appeal. See United States v. Male Juvenile, 121F.3d34, 38 (2d Cir. 1997). The Clerk of the Court is respectfully directed to close the open entry at docket number 11. SO ORDERED. (As further set forth in this Order) (Signed by Judge Ronnie Abrams on 12/4/2015) (kl)
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