Mar-Can Transportation Company, Inc. v. Local 854 Pension Fund
| Mar-Can Transportation Company, Inc. |
| Local 854 Pension Fund |
| Michael Spinelli, Stephen Maloney and Demos P. Demopoulos |
| John Joseph Curcio and Kenneth Barrett |
| 1:2020cv08743 |
| October 20, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1451 |
| None |
Docket Report
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Filing 33
LETTER addressed to Judge John P. Cronan from Jennifer S. Smith dated December 16, 2020 re: Opposing Non-Parties' Request to Stay Action. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 32
LETTER MOTION for Conference For Leave to Move for Court Approval of Escrow Agent addressed to Judge John P. Cronan from Jennifer S. Smith dated December 16, 2020. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 31
ORDER denying #28 LETTER MOTION for Leave to File Exhibits to Letter Motion Due Dec. 16, 2020, Opposing Employer Trustees' Request for Stay. Plaintiff's request is DENIED. In it letter-response due December 16, 2020, Plaintiff may make any arguments it wishes, but Plaintiff need not submit documentary evidence at this time. SO ORDERED. (Signed by Judge John P. Cronan on 12/14/2020) (jca)
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Filing 30
STATUS REPORT. Regarding Local 854 Funds Document filed by Kenneth Barrett, John Joseph Curcio..(Pollack, Jeffrey)
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Filing 29
NOTICE OF APPEARANCE by Gabriel Altman on behalf of Kenneth Barrett, John Joseph Curcio..(Altman, Gabriel)
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Filing 28
LETTER MOTION for Leave to File Exhibits to Letter Motion Due Dec. 16, 2020, Opposing Employer Trustees' Request for Stay addressed to Judge John P. Cronan from Jennifer S. Smith dated December 11, 2020. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 27
ORDER granting #25 Letter Motion for Extension of Time to File Response/Reply. Plaintiff's request is GRANTED. Plaintiff shall file a response letter by December 16, 2020. (Signed by Judge John P. Cronan on 12/10/2020) (nb)
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Filing 26
STATUS REPORT. Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(McGee, Erin)
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Filing 25
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #23 Letter, #24 Order,,, addressed to Judge John P. Cronan from Jennifer S. Smith dated December 10, 2020. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 24
ORDER: Plaintiff Mar-Can Transportation Company, Inc. is ORDERED to file a letter responding to the third- party letter filed on December 7, 2020 by Employer Trustees John Curcio and Kenneth Barrett. (Dkt. 23.) Putative Intervenor Defendants Demos P. Demopoulos, Stephen Maloney, and Michael Spinelli are also ORDERED to file a letter responding to the third-party letter filed on December 7, 2020 by Employer Trustees John Curcio and Kenneth Barrett. (Dkt. 23.) Each letter shall respond to Employer Trustees' request that the Court hold this matter in abeyance pending the resolution of two matters filed in the Eastern District of New York. See id. Each letter response shall be no more than three pages in length and shall be filed by December 11, 2020. (Signed by Judge John P. Cronan on 12/8/2020) (nb)
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Filing 23
THIRD PARTY LETTER addressed to Judge John P. Cronan from Jeffrey D. Pollack dated December 7, 2020 re: Litigation Update Concerning Defendant Local 854 Pension Fund. Document filed by Kenneth Barrett, John Joseph Curcio. (Attachments: #1 Exhibit Complaint filed by Employer Trustees Curcio and Barrett, #2 Exhibit Answer and Counterclaim).(Pollack, Jeffrey)
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Filing 22
NOTICE OF APPEARANCE by Jeffrey Dean Pollack on behalf of John Joseph Curcio, Kenneth Barrett..(Pollack, Jeffrey)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on December 4, 2020. Any opposition to motion to intervene shall be filed by December 21, 2020. Any reply shall be filed by December 31, 2020. (Court Reporter Rose Prater) (mhe)
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Filing 21
CERTIFICATE OF SERVICE of Letter Motion re Default Judgment served on Local 854 Fund on December 2, 2020. Service was made by Mail. Document filed by Mar-Can Transportation Company, Inc.. (Attachments: #1 Exhibit A - Service by Mail, #2 Exhibit B - Courtesy copy by Email).(Smith, Jennifer)
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Filing 20
LETTER MOTION for Conference and Leave to File Motion for Default Judgment addressed to Judge John P. Cronan from Jennifer S. Smith dated December 1, 2020. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 19
ORDER. All parties, including Intervenor Defendants, shall appear before the Court for a pre-motion conference on December 4, 2020 at 10:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. The parties shall be prepared to discuss the Motion to Intervene as Defendants (Dkt. 10) and the Motion to Dismiss (Dkt. 11). Plaintiff's deadline to respond to these motions is suspended pending the conference. Plaintiff's request for an extension of time to respond to the motions (Dkt. 18) is therefore DENIED as moot. SO ORDERED. Denying as moot #18 LETTER MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Intervene as Defendants. #11 MOTION to Dismiss addressed to Judge John P. Cronan from Jennifer S. Smith dated Nov. 24, 2020. Document filed by Mar-Can Transportation Company, Inc. Motion(s) terminated: #17 LETTER MOTION for Conference re: #10 MOTION to Intervene as Defendants. 11 MOTION to Dismiss and Leave to File Motion for Summary Judgment addressed to Judge John P. Cronan from Jennifer S. Smith dated 11/19/202 filed by Mar-Can Transportation Company, Inc. (Signed by Judge John P. Cronan on 11/25/2020) (rjm) Modified on 12/14/2020 (rjm).
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Set/Reset Hearings: Pre-Motion Conference set for 12/4/2020 at 10:00 AM before Judge John P. Cronan. Telephone Conference set for 12/4/2020 at 10:00 AM before Judge John P. Cronan. (rjm)
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Filing 18
LETTER MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Intervene as Defendants., #11 MOTION to Dismiss . addressed to Judge John P. Cronan from Jennifer S. Smith dated Nov. 24, 2020. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 17
LETTER MOTION for Conference re: #10 MOTION to Intervene as Defendants., #11 MOTION to Dismiss . and Leave to File Motion for Summary Judgment addressed to Judge John P. Cronan from Jennifer S. Smith dated 11/19/2020. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 16
SUMMONS RETURNED EXECUTED Summons and Complaint served. Local 854 Pension Fund served on 10/27/2020, answer due 11/17/2020. Service was accepted by Theresa Antonetta, Receptionist. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 15
CERTIFICATE OF SERVICE of Notice of Appearance of Anusha Rasalingam for Intervenors-Defendants Union Trustees; Rule 7.1 Statement on Behalf of Intervenors-Defendants Union Trustees of Local 854 Pension Fund; Notice of Appearance of Erin V. McGee for Intervenors-Defendants Union Trustees; Notice of Motion to Intervene; Notice of Motion to Dismiss; Memorandum of Law in Support of Intervenors-Defendants Union Trustees Motion to Dismiss and in Support of Their Motion to Intervene; Declaration of Erin V. McGee in Support of the Union Trustees of Defendant Local 854 Pension Fund's Motion to Intervene and Motion to Dismiss the Complaint; and Affidavit of Demos P. Demopoulos in Support of the Union Trustees of Defendant Local 854 Pension Fund's Motion to Intervene. served on Law Offices of Jennifer Smith PLLC, Attorneys for Plaintiff and Local 854 Pension Fund, Defendant on November 16, 2020. Service was made by MAIL. Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(McGee, Erin)
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Filing 14
AFFIDAVIT of Demos P. Demopoulos in Support re: #10 MOTION to Intervene as Defendants., #11 MOTION to Dismiss .. Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli. (Attachments: #1 Exhibit A, Local 854 Pension Fund Trust Agreement).(McGee, Erin)
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Filing 13
DECLARATION of Erin V. McGee in Support re: #10 MOTION to Intervene as Defendants., #11 MOTION to Dismiss .. Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Jennifer Smith July 17 2020 letter concerning Mar-Can's Request for Review of withdrawal liability with July 13 letter as enclosure, #3 Exhibit C, Local 854 Pension Fund's Aug 13 2020 Response, #4 Exhibit D, XL Specialty Ins. Co. v. Lakian, 632 Fed. Appx. 667, 2015 BL 401606 (2d Cir. 2015) (unpublished)).(McGee, Erin)
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Filing 12
MEMORANDUM OF LAW in Support re: #10 MOTION to Intervene as Defendants., #11 MOTION to Dismiss . . Document filed by Stephen Maloney, Michael Spinelli..(McGee, Erin)
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Filing 11
MOTION to Dismiss . Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(McGee, Erin)
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Filing 10
MOTION to Intervene as Defendants. Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(McGee, Erin)
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Filing 9
NOTICE OF APPEARANCE by Erin Veronica McGee on behalf of Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(McGee, Erin)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(Rasalingam, Anusha)
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Filing 7
NOTICE OF APPEARANCE by Anusha Rasalingam on behalf of Demos P. Demopoulos, Stephen Maloney, Michael Spinelli..(Rasalingam, Anusha)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/4/2021 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (As further set forth in this Order.) (Signed by Judge John P. Cronan on 10/21/2020) (cf)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Local 854 Pension Fund..(jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Case Designated ECF. (jgo)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Local 854 Pension Fund, re: #1 Complaint. Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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Filing 2
CIVIL COVER SHEET filed..(Smith, Jennifer)
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Filing 1
COMPLAINT against Local 854 Pension Fund. (Filing Fee $ 400.00, Receipt Number ANYSDC-22224457)Document filed by Mar-Can Transportation Company, Inc...(Smith, Jennifer)
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