Trustees of the New York City District Council et al v. Lee et al

Justia Dockets & Filings Second Circuit New York Southern District Trustees of the New York City District Council et al v. Lee et al

Trustees of the New York City District Council et al v. Lee et al

Plaintiff:	Trustees of the New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Charity Fund, The New York City and Vicinity Carpenters Labor-Management Corporation and The New York City District Council of Carpenters
Defendant:	Francis A. Lee and Matt-Con Services Corp.
Case Number:	1:2015cv08081
Filed:	October 14, 2015
Court:	U.S. District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Katherine B. Forrest
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1132
Jury Demanded By:	None

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Date Filed	Document Text
March 14, 2016	Filing 55 OPINION & ORDER re: 39 MOTION to Dismiss for Lack of Jurisdiction or in the alternative to dismiss the claims against Matt-Con Services Corp. contained in the First Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6). filed by Matt-Con Services Corp., 42 MOTION to Dismiss First Amended Complaint. filed by Francis A. Lee. For the reasons set forth above, defendants' motions to dismiss the First Amended Complaint are GRANTED IN PART and DENIED IN PART. Defendants' motions are granted with respect to plaintiffs' ERISA fraud claim, which the Court dismisses without prejudice. The motions are denied as to all other claims. Discovery shall commence immediately. Plaintiffs shall have 90 days from the date of this Opinion & Order to file a second amended complaint-if they choose to do so-that repleads their ERISA fraud claim. The Clerk of Court is directed to close the motion at ECF Nos. 39 and 42. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 3/14/2016) (lmb)

Date Filed

Document Text

March 14, 2016

Filing 55 OPINION & ORDER re: 39 MOTION to Dismiss for Lack of Jurisdiction or in the alternative to dismiss the claims against Matt-Con Services Corp. contained in the First Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6). filed by Matt-Con Services Corp., 42 MOTION to Dismiss First Amended Complaint. filed by Francis A. Lee. For the reasons set forth above, defendants' motions to dismiss the First Amended Complaint are GRANTED IN PART and DENIED IN PART. Defendants' motions are granted with respect to plaintiffs' ERISA fraud claim, which the Court dismisses without prejudice. The motions are denied as to all other claims. Discovery shall commence immediately. Plaintiffs shall have 90 days from the date of this Opinion & Order to file a second amended complaint-if they choose to do so-that repleads their ERISA fraud claim. The Clerk of Court is directed to close the motion at ECF Nos. 39 and 42. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 3/14/2016) (lmb)

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Plaintiff: Trustees of the New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Charity Fund
Represented By:	Adam Arthur Biggs
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Plaintiff: The New York City and Vicinity Carpenters Labor-Management Corporation
Represented By:	Adam Arthur Biggs
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Plaintiff: The New York City District Council of Carpenters
Represented By:	Adam Arthur Biggs
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Defendant: Francis A. Lee
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Defendant: Matt-Con Services Corp.
Represented By:	Frank Michael Graziadei
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