Trustees of the Local 854 Pension Fund et al v. Barrett et al
Plaintiff: Trustees of the Local 854 Pension Fund and Local 854 Health & Welfare Benefits Fund
Defendant: Kenneth Barrett, Gina Barrett, Kerry Barrett, 745 Whittier Street LLC, XYZ Corporations 1-10 and John Does 1-10
Case Number: 1:2023cv01160
Filed: February 10, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Jennifer H Rearden
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1109 Breach of Fiduciary Duties
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2023 Opinion or Order Filing 19 NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference, via Microsoft Teams, on April 19, 2023 at 11:30 A.M. The partieswill receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 395 379 496#. And as set forth herein. Counsel who have entered a notice of appearance as of the date of this Order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this Order and the Court's Individual Rules and Practices in Civil Cases forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this Order must forthwith send a copy of this Order and the Court's Individual Rules and Practices in Civil Cases to that party personally. SO ORDERED.Telephonic Initial Conference set for 4/19/2023 at 11:30 AM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 3/31/2023) (ama)
March 3, 2023 Opinion or Order Filing 18 ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer H. Rearden from Stephen P. Pischl dated 2.24.23., #1 Complaint. The Court grants Defendants' requests for an extension to respond to the Complaint (ECF Nos. 11, 16). Defendants shall have until May 8, 2023 to respond to the Complaint. SO ORDERED. 745 Whittier Street LLC answer due 5/8/2023; Gina Barrett answer due 5/8/2023; Kenneth Barrett answer due 5/8/2023; Kerry Barrett answer due 5/8/2023. (Signed by Judge Jennifer H. Rearden on 3/3/2023) (tg)
March 3, 2023 Filing 17 NOTICE OF APPEARANCE by David Patrick Ofenloch on behalf of 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(Ofenloch, David)
March 1, 2023 Filing 16 FIRST LETTER addressed to Judge Jennifer H. Rearden from Aaron H. Pierce Esq. dated March 1st 2023 re: Extension of Time to Respond. Document filed by 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(Pierce, Aaron)
March 1, 2023 Filing 15 NOTICE OF APPEARANCE by Aaron Harold Pierce on behalf of 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(Pierce, Aaron)
February 28, 2023 Filing 14 LETTER addressed to Judge Jennifer H. Rearden from Neil V. Shah dated February 28, 2023 re: Opposition to Defendants' request to extend their deadline to answer, move, or otherwise respond to the Complaint.. Document filed by Local 854 Health & Welfare Benefits Fund, Trustees of the Local 854 Pension Fund..(Shah, Neil)
February 27, 2023 Opinion or Order Filing 13 ORDER with respect to #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer H. Rearden from Stephen P. Pischl dated 2.24.23.. By March 2, 2023, Plaintiffs shall file a letter responding to Defendants' letter-motion. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/27/2023) (tg)
February 27, 2023 Filing 12 SUMMONS RETURNED EXECUTED. Kerry Barrett served on 2/22/2023, answer due 3/15/2023. Service was accepted by Kerry Barrett. Document filed by Trustees of the Local 854 Pension Fund; Local 854 Health & Welfare Benefits Fund..(Shah, Neil)
February 27, 2023 Set/Reset Deadlines: Responses due by 3/2/2023 (tg)
February 24, 2023 Filing 11 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer H. Rearden from Stephen P. Pischl dated 2.24.23. Document filed by 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(Soundy, Patrick)
February 24, 2023 Filing 10 NOTICE OF APPEARANCE by Patrick Soundy on behalf of 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(Soundy, Patrick)
February 23, 2023 Filing 9 NOTICE OF APPEARANCE by Stephen Paul Pischl on behalf of 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(Pischl, Stephen)
February 16, 2023 Filing 8 SUMMONS RETURNED EXECUTED. Gina Barrett served on 2/14/2023, answer due 3/7/2023. Service was accepted by Gina Barrett. Document filed by Trustees of the Local 854 Pension Fund; Local 854 Health & Welfare Benefits Fund..(Shah, Neil)
February 16, 2023 Filing 7 SUMMONS RETURNED EXECUTED. Kenneth Barrett served on 2/14/2023, answer due 3/7/2023. Service was accepted by Kenneth Barrett. Document filed by Trustees of the Local 854 Pension Fund; Local 854 Health & Welfare Benefits Fund..(Shah, Neil)
February 15, 2023 Filing 6 SUMMONS RETURNED EXECUTED. 745 Whittier Street LLC served on 2/14/2023, answer due 3/7/2023. Service was accepted by Amy Lesch - an authorized person in the Corporation Division in the Department of State. Document filed by Trustees of the Local 854 Pension Fund; Local 854 Health & Welfare Benefits Fund..(Shah, Neil)
February 13, 2023 Filing 5 ELECTRONIC SUMMONS ISSUED as to 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett..(jgo)
February 13, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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)
February 13, 2023 Magistrate Judge Jennifer Willis 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)
February 13, 2023 Case Designated ECF. (jgo)
February 10, 2023 Filing 4 NOTICE OF APPEARANCE by Sydney Juliano on behalf of Local 854 Health & Welfare Benefits Fund, Trustees of the Local 854 Pension Fund..(Juliano, Sydney)
February 10, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to KENNETH BARRETT, GINA BARRETT, KERRY BARRETT, 745 WHITTIER STREET LLC, re: #1 Complaint,. Document filed by Local 854 Health & Welfare Benefits Fund, Trustees of the Local 854 Pension Fund. (Attachments: #1 Supplement Rider).(Shah, Neil)
February 10, 2023 Filing 2 CIVIL COVER SHEET filed..(Shah, Neil)
February 10, 2023 Filing 1 COMPLAINT against 745 Whittier Street LLC, Gina Barrett, Kenneth Barrett, Kerry Barrett, John Does 1-10, XYZ Corporations 1-10. (Filing Fee $ 402.00, Receipt Number ANYSDC-27328078)Document filed by Trustees of the Local 854 Pension Fund, Local 854 Health & Welfare Benefits Fund..(Shah, Neil)

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Plaintiff: Trustees of the Local 854 Pension Fund
Represented By: Sydney Juliano
Represented By: Neil V Shah
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Plaintiff: Local 854 Health & Welfare Benefits Fund
Represented By: Neil V Shah
Represented By: Sydney Juliano
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Defendant: Kenneth Barrett
Represented By: Aaron Harold Pierce
Represented By: David Patrick Ofenloch
Represented By: Patrick Soundy
Represented By: Stephen Paul Pischl
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Defendant: Gina Barrett
Represented By: Aaron Harold Pierce
Represented By: David Patrick Ofenloch
Represented By: Patrick Soundy
Represented By: Stephen Paul Pischl
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Defendant: Kerry Barrett
Represented By: Aaron Harold Pierce
Represented By: David Patrick Ofenloch
Represented By: Patrick Soundy
Represented By: Stephen Paul Pischl
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Defendant: 745 Whittier Street LLC
Represented By: Aaron Harold Pierce
Represented By: David Patrick Ofenloch
Represented By: Patrick Soundy
Represented By: Stephen Paul Pischl
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Defendant: XYZ Corporations 1-10
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Defendant: John Does 1-10
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