Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Manny P. Concrete Company, Inc.
| Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees of the New York City District Council of Carpenters Relief and Charity Fund and The New York City and Vicinity Carpenters Labor-Management Corporation |
| Manny P. Concrete Company, Inc. |
| 1:2018cv04111 |
| May 8, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
77
ORDER ADOPTING REPORT AND RECOMMENDATION for 71 Motion for Attorney Fees, filed by Trustees of the New York City District Council of Carpenters Relief and Charity Fund, The New York City and Vicinity Carpenters Labor-Management Corporatio n, Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund, 76 Report and Recommendations. The Court therefore adopts the R & R in its entirety and GRANTS (1) Plaintiffs' motion for attorneys' fees and costs in the amount of $42,682.87 and (2) Plaintiff's request for post-judgment interest, with interest to accrue at the statutory rate set forth in 2 8 U.S.C. § 1961. This resolves Dkt. No. 71. The Clerk of Court is respectfully directed to enter judgment in accordance with Dkt. No. 70 and this Order and to close the case. (Signed by Judge Alison J. Nathan on 3/30/2021) (nb) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
75
ORDER: Accordingly, Defendant is directed to file its opposition, if any, by July 31, 2020, or the Court will consider the motion unopposed. (As further set forth in this Order.) ( Responses due by 7/31/2020) (Signed by Magistrate Judge Ona T. Wang on 7/21/2020) (cf)
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Filing
70
OPINION & ORDER re: 65 CROSS MOTION for Summary Judgment, 55 MOTION for Summary Judgment: For the reasons stated above, the Court GRANTS Plaintiffs' motion for summary judgment and DENIES Defendant's cross motion. This resolves D kt. Nos. 55 and 65. Defendant is ORDERED to pay Plaintiffs $22,477.77. Defendant is also ORDERED to pay Plaintiffs their reasonable attorney's fees and costs. The Court will refer the calculation of reasonable fees to Magistrate Judge Wang by separate order. The Court also notes that much of Defendant's briefing consists not of legal argument, but of excerpts of emails between Defendant's counsel and Plaintiffs' counsel. The emails, all attached as exhibits, consist of u nprofessional attacks against opposing counsel, and Defendant's counsel repeats those attacks in its brief. None of this is relevant to the legal issues presented in this case. In addition, as the Court has noted, Defendant's response to Pl aintiff's Rule 56.1 Statement facially did not comply with the Federal Rules of Civil Procedure or this District's Local Rules. Nor did Defendant even submit a Rule 56.1 Statement supporting its cross-motion for summary judgment. The Court admonishes Defendant's counsel for this behavior and advises counsel against such actions in future litigation. (Signed by Judge Alison J. Nathan on 4/30/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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| Search for this case: Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Manny P. Concrete Company, Inc. | |
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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 | |
| Represented By: | Paige Davis |
| Represented By: | Todd Dickerson |
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| Plaintiff: Trustees of the New York City District Council of Carpenters Relief and Charity Fund | |
| Represented By: | Paige Davis |
| Represented By: | Todd Dickerson |
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| Plaintiff: The New York City and Vicinity Carpenters Labor-Management Corporation | |
| Represented By: | Paige Davis |
| Represented By: | Todd Dickerson |
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| Defendant: Manny P. Concrete Company, Inc. | |
| Represented By: | Manny A. Frade |
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