Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, and Dominick Giammona, as Funds' Contributions/Deficiency Manager v. LJC Dismantling Corp.
| Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, and Dominick Giammona, as Funds' Contributions/Deficiency Manager |
| LJC Dismantling Corp. |
| 1:2017cv04493 |
| June 14, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S. Broderick |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1131 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
111
ORDER terminating 98 Motion to Compel; terminating 104 Motion for Extension of Time to File Response/Reply re 98 MOTION to Compel LJC Dismantling Corp. to Comply with an Information Subpoena ., 104 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 101 Memorandum of Law in Support of Motion, 100 Declaration in Support of Motion, 102 Certificate of Service Other, 103 Certificate of Service Other, 98 MOTION. The Clerk of Court is respectfully directed to close the open motions at Docs. 98 and 104. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 3/9/2022) (kv)
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Filing
105
ORDER, On May 17, 2021, I directed the Clerks Office to enter judgment and close this case. (Doc. 87.) On August 12, 2021, Plaintiffs filed a motion to compel compliance with an information subpoena. (Docs. 98101.) On August 20, 2021, Defendant r equested an extension of time to file its opposition to the motion. (Doc. 104.) That request was not granted. Defendant never filed any opposition to the motion, and Plaintiffs never took any additional steps to prosecute the motion. Accordingly, it is hereby: ORDERED that Plaintiffs file a status update on or before January 28, 2022 informing me whether they intend to pursue, or withdraw, their motion to compel compliance with an information subpoena. If Plaintiffs state their intent to prosecute their motion, Defendants shall file any opposition to the motion on or before February 11, 2022. SO ORDERED. (Responses due by 2/11/2022) (Signed by Judge Vernon S. Broderick on 1/25/2022) (kv)
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Filing
87
ORDER: The Clerk's Office is respectfully directed to enter judgment, and close this case. And as set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
75
OPINION AND ORDER. For the foregoing reasons, Plaintiffs' motion for summary judgment, (Doc. 35), is GRANTED, and LJC's cross-motion for partial summary judgment, (Doc. 47), is DENIED. Plaintiffs are hereby ORDERED to submit a proposed judg ment, along with an updated calculation, pursuant to 26 U.S.C. § 6621, of interest due on all unpaid fringe benefit contributions since August 14, 2018, within 45 days of the date of this Opinion & Order. Plaintiffs are further ORDERED to submit contemporaneous billing records supporting Plaintiffs' application for audit costs and attorneys fees, within 45 days of the date of this Opinion & Order. LJC is hereby ORDERED to submit to an audit of its books and records for the period begin ning October 2, 2017, within 90 days of the date of this Opinion & Order. The Clerk of Court is respectfully directed to terminate the motions pending at Documents 35 and 47. So ordered. re: 35 MOTION for Summary Judgment filed by Ma son Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, and Dominick Giammona, as Funds' Contributions/Deficiency Manager, 47 CROSS MOTION for Partial Summary Judgment dismissing all Plaintiff's claims which allegedly accrued before June 14, 2011. CROSS MOTION to Set Aside 24 Stipulation and Order. CROSS MOTION for an order allowing Defendant to withdraw and/or amend any requests for admission deemed admitted by virtue of Defendant's failure to respond, and allowing Defendant time to respond filed by LJC Dismantling Corp. (Signed by Judge Vernon S. Broderick on 9/11/2019) (rjm)
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| Plaintiff: Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund, Health and Safety Fund, and Dominick Giammona, as Funds' Contributions/Deficiency Manager | |
| Represented By: | Andrew A. Gorlick |
| Represented By: | Denise Kennedy |
| Represented By: | Bruce Lawrence Listhaus |
| Represented By: | Joy Kim Mele |
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| Defendant: LJC Dismantling Corp. | |
| Represented By: | Ira A Sturm |
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