New York State Nurses Association Benefits Fund v. The Nyack Hospital
Plaintiff: New York State Nurses Association Benefits Fund
Defendant: The Nyack Hospital
Case Number: 7:2017cv01899
Filed: March 15, 2017
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Vincent L. Briccetti
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: None
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Date Filed Document Text
December 1, 2022 Opinion or Order Filing 102 AMENDED FINAL JUDGMENT amending 88 Judgment, in favor of New York State Nurses Association Benefits Fund against The Nyack Hospital. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Opinion of the U.S. Court of A ppeals for the Second Circuit dated August 19, 2022, the Plaintiff New York State Nurses Association Benefits Fund's (the "Fund") motion for summary judgment is granted in its entirety, and Defendant Nyack Hospital's cross-motio n for summary judgment is denied in its entirety and, as such, the Fund is entitled to conduct an audit examination for the period January 1, 2015 through December 31, 2015 of the payroll records for Nyack Hospital in accordance with the Court's Confidentiality Order (ECF No. 101; accordingly, the case is closed. (Signed by Judge Vincent L. Briccetti on 12/1/2022) (mml)
October 11, 2022 Opinion or Order Filing 96 ORDER: Accordingly, it is hereby ORDERED that by November 14, 2022, the parties shall: 1. Submit a joint proposed confidentiality order and a joint proposed order of final judgment, each consistent with the Second Circuit's opinion. 2. If, for some reason, the parties are unable to agree on a joint proposed confidentialityorder, the parties shall file a joint letter, not to exceed 3 pages, explaining the parties' respective positions. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/11/2022) (mml)
December 27, 2019 Opinion or Order Filing 88 JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Opinion and Order dated September 27, 2019, the Plaintiff New York State Nurses Association Benefits Fund's (the "Fund") motion for su mmary judgment is granted in part and denied in part, and Defendant Nyack Hospital's cross-motion for summary judgment is granted in part and denied in part and, as such, the Fund is entitled to conduct an audit examination for the period Jan uary 1, 2015 through December 31, 2015 of the payroll records for all of Nyack Hospital's registered nurses, but is not entitled to conduct an audit examination for the period January 1, 2015 through December 31, 2015 of the payroll records of any of Nyack's employees who are not registered nurses; accordingly, the case is closed. (Signed by Judge Vincent L. Briccetti on 12/17/2019) (rro)
November 14, 2019 Opinion or Order Filing 81 ORDER: The Court conducted a status conference on November 13, 2019, at which counsel for both parties appeared in person. Accordingly, it is HEREBY ORDERED: 1. The Court will hold a supplemental status conference on December 18, 2019, at 9:30 a.m. 2 . By December 13, 2019, counsel shall meet and confer in a good faith effort to agree on the next steps for this case, and submit a joint letter regarding their agreed upon and/or respective views regarding same. SO ORDERED. (Status Conference set for 12/18/2019 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 11/14/2019) (mml)
September 27, 2019 Opinion or Order Filing 78 OPINION AND ORDER re: 70 CROSS MOTION for Summary Judgment filed by The Nyack Hospital, 58 MOTION for Summary Judgment filed by New York State Nurses Association Benefits Fund. The Fund's motion for summary judgm ent is GRANTED IN PART and DENIED IN PART. Nyack's cross-motion for summary judgment is GRANTED IN PART and DENIED IN PART. All counsel shall appear for a status conference on October 30, 2019, at 3:30 p.m., to discuss Nyack's proposed app lication for attorney's fees pursuant to 29 U.S.C. § 1332(a) and next steps in this case. The Clerk is instructed to terminate the motions. (Docs. ##58, 70). (Case Management Conference set for 10/30/2019 at 03:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 9/27/2019) (ne)
May 1, 2018 Opinion or Order Filing 41 OPINION AND ORDER re: 29 MOTION to Dismiss . filed by The Nyack Hospital. The motion to dismiss is DENIED. By May 14, 2018, Nyack shall file its answer to the complaint. Counsel are directed to attend an in-person conference on June 6, 2018, at 2:15 p.m., at which the scope and timing of discovery, as well as the status of settlement, will be discussed. By May 21, 2018, counsel shall submit a joint letter setting forth their agreed-upon and/or respective positions regarding these matters. The Clerk is instructed to terminate the motion. (Doc. #29). SO ORDERED., (The Nyack Hospital answer due 5/14/2018.)(Status Conference set for 6/6/2018 at 02:15 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 4/30/18) (yv)
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Plaintiff: New York State Nurses Association Benefits Fund
Represented By: Carol Giuliano Dell
Represented By: Katherine Meredith Morgan
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Defendant: The Nyack Hospital
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