Fitzsimons et al v. New York City District Council of Carpenters and Joiners of America et al
| Peter Fitzsimons, Regina Ann Devlin Fitzsimons, Bernadette Eileen Fitzsimons and Caitlin Patricia Fitzsimons |
| New York City District Council of Carpenters and Joiners of America, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund, Joseph A. Geiger as Trustee, Kristin O'Brien as Executive Director of the New York City District Council of Carpenters Benefit Funds, F. Josiah Leicht as Compliance Officer of the New York City District Council of Carpenters and Joiners of America, Joseph A. Geiger, Kristin O'Brien and F. Josiah Leicht |
| 1:2021cv11151 |
| December 29, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| Plaintiff |
Docket Report
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter, filed by Kristin O'Brien, Joseph A. Geiger, New York City District Council of Carpenters Welfare Fund, New York City District Council of Carpenters Pension Fund. ENDORSEMENT: GRANTED. SO ORDERED. (Amended Pleadings due by 3/23/2022.) (Signed by Judge Analisa Torres on 2/24/2022) (kv)
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| Filing 20 JOINT LETTER addressed to Judge Analisa Torres from Paul K. Brown dated February 23, 2022 re: proposed schedule. Document filed by Joseph A. Geiger, Kristin O'Brien, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund..(Brown, Paul) |
| Filing 19 LETTER addressed to Judge Analisa Torres from Robert K Erlanger dated February 21, 2022 re: Response to Defendant Leicht's 12(b)(6) pre-motion letter. Document filed by Caitlin Patricia Fitzsimons, Peter Fitzsimons, Regina Ann Devlin Fitzsimons..(Erlanger, Robert) |
| Filing 18 LETTER addressed to Judge Analisa Torres from Sheryl E. Reich dated 02-17-2022 re: seeking leave to file motion to dismiss complaint. Document filed by F. Josiah Leicht..(Reich, Sheryl) |
| Filing 17 LETTER addressed to Judge Analisa Torres from Gillian Costello dated February 16, 2022 re: Pre-Motion Letter for Motion to Dismiss. Document filed by New York City District Council of Carpenters and Joiners of America..(Costello, Gillian) |
| Filing 16 LETTER addressed to Judge Analisa Torres from Paul K. Brown dated February 14, 2022 re: Pre-Motion Letter. Document filed by Joseph A. Geiger, Kristin O'Brien, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund..(Brown, Paul) |
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Filing 15
ORDER To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 28, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2022) (jca)
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Filing 14
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all patties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 28, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2022) (jca)
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Filing 13
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, video-conference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2022) (jca)
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| Filing 12 NOTICE OF APPEARANCE by Sheryl E Reich on behalf of F. Josiah Leicht..(Reich, Sheryl) |
| Filing 11 NOTICE OF APPEARANCE by Gerald B. Lefcourt on behalf of F. Josiah Leicht..(Lefcourt, Gerald) |
| Filing 10 NOTICE OF APPEARANCE by James M Murphy on behalf of New York City District Council of Carpenters and Joiners of America..(Murphy, James) |
| Filing 9 NOTICE OF APPEARANCE by Gillian Costello on behalf of New York City District Council of Carpenters and Joiners of America..(Costello, Gillian) |
| Filing 8 NOTICE OF APPEARANCE by Marty Gerard Glennon on behalf of Joseph A. Geiger, Kristin O'Brien, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund..(Glennon, Marty) |
| Filing 7 NOTICE OF APPEARANCE by Paul Kevin Brown on behalf of Joseph A. Geiger, Kristin O'Brien, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund..(Brown, Paul) |
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Filing 6
ORDER: The Court has reviewed the letter opposing consolidation filed by Defendants New York City District Council of Carpenters and Joiners of America and Eddie McWilliams. 21 Civ. 8016, ECF No. 26. The objections raised are valid. Accordingly, the Court will not consolidate these matters. Defendants in Spillane had filed pre-motion letters for a motion to dismiss. 21 Civ. 8016, ECF Nos. 22 & 23. By January 29, 2022, Plaintiffs in Spillane shall file their response letters. Defendants do not need to re-file pre-motion letters. SO ORDERED. (Signed by Judge Analisa Torres on 1/24/2022) (kv)
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Filing 5
ORDER: The Court intends to consolidate the above-captioned actions and appoint Plaintiffs' counsel as lead counsel. Any opposition to consolidation shall be filed by January 14, 2022. Defendants' requests in Spillane to file motions to dismiss, 21 Civ. 8016, ECF Nos. 22 & 23, are DENIED without prejudice to renewal after consolidation occurs. The Clerk of Court is directed to terminate the motion pending at 21 Civ. 8016, ECF No. 22. SO ORDERED. Motions terminated: (22 in 1:21-cv-08016-AT) LETTER MOTION for Conference regarding Fund Defendants' anticipated motion to dismiss the amended complaint addressed to Judge Analisa Torres from Paul K. Brown dated December 29, 2021. filed by Joseph A. Geiger, Kristin O'Brien, New York City District Council of Carpenters Welfare Fund, New York City District Council of Carpenters Pension Fund. (Signed by Judge Analisa Torres on 1/5/2022) (va)
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| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Gabriel W. Gorenstein 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. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08016-AT. Notice of Assignment to follow. (aea) |
| Filing 4 CIVIL COVER SHEET filed..(Erlanger, Robert) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert K Erlanger to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Place an [X] in one box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert K Erlanger. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1104 Recovery of Benefits to Employee; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1109 Breach of Fiduciary Duties; the County code has been modified to Westchester. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Case Designated ECF. (gp) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:21-cv-8016. (gp) |
| Filing 3 RELATED CASE AFFIRMATION of Robert K Erlanger re: that this action be filed as related to 21-cv-8016. Document filed by Bernadette Eileen Fitzsimons, Caitlin Patricia Fitzsimons, Peter Fitzsimons, Regina Ann Devlin Fitzsimons..(Erlanger, Robert) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Erlanger, Robert) Modified on 1/3/2022 (gp). |
| Filing 1 COMPLAINT against New York City District Council of Carpenters and Joiners of America, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Welfare Fund, Joseph A. Geiger as Trustee, Kristin O'Brien as Executive Director of the New York City District Council of Carpenters Benefit Funds, F. Josiah Leicht as Compliance Officer of the New York City District Council of Carpenters and Joiners of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25524151)Document filed by Peter Fitzsimons, Caitlin Patricia Fitzsimons, Bernadette Eileen Fitzsimons, Regina Ann Devlin Fitzsimons..(Erlanger, Robert) |
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