Demopoulos et al v. Whelan et al
||Demos P. Demopoulos and Michael Spinelli
||Billie Lee Whelan and Joseph Libertelli
||August 1, 2017
||US District Court for the Southern District of New York
||Foley Square Office
||Jesse M. Furman
|Nature of Suit:
|Cause of Action:
||29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
|Jury Demanded By:
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|September 13, 2019
MEMORANDUM OPINION AND ORDER re: 98 MOTION for Summary Judgment . filed by Local 553, I.B.T., 121 CROSS MOTION for Summary Judgment . filed by Local 803 Health and Welfare Fund, Local 803 Pension Fund, Wimal Ariyawans a, Sharika Gordon, 113 MOTION to Strike Document No. [Certain of Defendants' Responses to Plaintiff's 56.1 Statement and Accompanying Exhibits] . filed by Local 553, I.B.T. The Court GRANTS the Union's motion for summ ary judgment and DENIES Defendants' cross-motion for summary judgment. (Additionally, the Union's motion to strike and motion to amend, see ECF No. 124 at 24 n.26, are also denied as moot.) No later than one week from the date of this Opi nion and Order, the Union shall confer with Defendants and submit a proposed Judgment consistent with this Opinion and Order. The Clerk of Court is directed to terminate ECF Nos. 98, 113, and 121. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/13/19) (yv) Transmission to Orders and Judgments Clerk for processing.
|September 25, 2017
OPINION AND ORDER re: 1 COMPLAINT. For the reasons stated above, Plaintiffs' motion for a preliminary injunction is GRANTED in part and DENIED in part. Specifically, Defendants are hereby enjoined from holding themselves out as Union Trustee s of the Funds or exercising control over the Funds' assets pending resolution of this action. Any Union Trustees appointed to replace Defendants shall not make any extraordinary expenditures or engage in any extraordinary transactions on beh alf of the Funds, or make any further amendments to the Trust Agreements, without Defendants' consent or the prior approval of the Court during the pendency of this suit, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/25/2017) (ras)
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