Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund v. Kafka Construction, Inc

Justia Dockets & Filings Second Circuit New York Southern District Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund v. Kafka Construction, Inc

Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund v. Kafka Construction, Inc

Plaintiff:	Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund and Dominick Giammona
Defendant:	Kafka Construction, Inc
Case Number:	1:2016cv09911
Filed:	December 23, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Katherine Polk Failla
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
May 9, 2018	Filing 56 OPINION AND ORDER re: 48 MOTION for Summary Judgment Plaintiffs' Rule 56.1 Statement filed by Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, Dominick Giammona, 46 MOTION for Summary Judgment filed by Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, Dominick Giammona. Given the foregoing, Plaintiffs' motion for summ ary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at docket entries 46 and 48. Plaintiffs are hereby ORDERED to submit a proposed judgment, along with contemporaneous time records supporting plaintiffs' award o f attorneys' fees, within 30 days of the date of this Opinion and Order. Kafka is hereby ORDERED to submit to an audit of its books and records for the period subsequent to March 25, 2016, within 90 days of the date of this Opinion and Order. (Signed by Judge Katherine Polk Failla on 5/8/2018) (mro)

Date Filed

Document Text

May 9, 2018

Filing 56 OPINION AND ORDER re: 48 MOTION for Summary Judgment Plaintiffs' Rule 56.1 Statement filed by Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, Dominick Giammona, 46 MOTION for Summary Judgment filed by Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, Dominick Giammona. Given the foregoing, Plaintiffs' motion for summ ary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at docket entries 46 and 48. Plaintiffs are hereby ORDERED to submit a proposed judgment, along with contemporaneous time records supporting plaintiffs' award o f attorneys' fees, within 30 days of the date of this Opinion and Order. Kafka is hereby ORDERED to submit to an audit of its books and records for the period subsequent to March 25, 2016, within 90 days of the date of this Opinion and Order. (Signed by Judge Katherine Polk Failla on 5/8/2018) (mro)

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Plaintiff: Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund
Represented By:	H. Joseph Cronen
Represented By:	Andrew A. Gorlick
Represented By:	Bruce Lawrence Listhaus
Represented By:	Brett David Sherman
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Plaintiff: Dominick Giammona
Represented By:	H. Joseph Cronen
Represented By:	Andrew A. Gorlick
Represented By:	Bruce Lawrence Listhaus
Represented By:	Brett David Sherman
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Defendant: Kafka Construction, Inc
Represented By:	Jeffrey Douglas
Represented By:	Jonathan D. Farrell
Represented By:	Manny A. Frade
Represented By:	Larry Rafael Martinez
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