Trustees of the Laundry, Dry Cleaning Workers and Allied Industries Health Fund, Workers United v. FDR Services Corp. of New York
Plaintiff: Trustees of the Laundry, Dry Cleaning Workers and Allied Industries Health Fund, Workers United
Defendant: FDR Services Corp. of New York
Case Number: 7:2017cv07145
Filed: September 20, 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 1145
Jury Demanded By: None
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Date Filed Document Text
March 18, 2024 Opinion or Order Filing 148 ORDER: As discussed at an on-the-record case management conference held on March 15, 2024, attended by counsel for all parties, it is HEREBY ORDERED: The patties are directed to obtain a transcript of the recorded October 17, 2018, conference befor e Magistrate Judge Lisa Margaret Smith regarding the scope of discovery. By April 15, 2024, the parties shall file a joint status report regarding defendant FDR Services Corp. of New York's request for additional discovery, specifying the parti cular discovery defendant believes is required. The parties are strongly encouraged to agree as to the scope and nature of any additional discovery, and how long it will take to complete. The parties are also directed to continue to discuss settlem ent in good faith. The joint status report shall inform the Court whether the parties, or either of them, believe a reference to the magistrate judge for a settlement conference would be appropriate. The next case management conference in this matte r is scheduled for May 8, 2024, at 10:00 a.m. in Courtroom 620 at the White Plains Courthouse. (Case Management Conference set for 5/8/2024 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 3/18/2024) (rro)
February 9, 2024 Opinion or Order Filing 142 OPINION AND ORDER re: 137 CROSS MOTION to Confirm Arbitration Award filed by Alberto Arroyo, Wilfredo Larancuent, Laundry, Distribution and Food Service Joint Board, 134 MOTION to Vacate Arbitration Award filed by FDR Services Corp. of New York. FDR's motion to vacate the Final Award is DENIED. (Doc. #134). The Union Defendants' motion to confirm the Final Award is GRANTED. (Doc. #137). The third-party complaint is dismissed. By February 23, 2024, counsel for all parties shall file a joint case management report on the docket of this case ("Laundry I") and on the docket of Trustees of the Laundry, Dry Cleaning Workers and Allied Industries Retirement Fund, Workers United v. FDR Services Corp. of New York, No. 17-cv-8 353 (S.D.N.Y. filed Oct. 30, 2017) ("Laundry II"), not to exceed three pages, setting forth the parties' proposal for how Laundry I and Laundry II should proceed now that the third-party action in Laundry I has been dismissed. In addit ion, on March 5, 2024, at 11:30 a.m., the Court will conduct a case management conference in both Laundry I and Laundry II in Courtroom 620 at the White Plains Courthouse to discuss how the two cases should proceed. The stay of proceedings previously entered in Laundry I and Laundry II is vacated. The Clerk is directed to terminate the pending motions. (Docs. ##134, 137). SO ORDERED. Case Stay Lifted. (Case Management Conference set for 3/5/2024 at 11:30 AM in Courtroom 620, 300 Quarropas Stree t, White Plains, NY 10601 before Judge Vincent L. Briccetti.) Wilfredo Larancuent, Laundry, Distribution and Food Service Joint Board, Alberto Arroyo and FDR Services Corp. of New York terminated. (Signed by Judge Vincent L. Briccetti on 2/9/2024) (mml)
February 22, 2023 Opinion or Order Filing 127 ORDER: By letter dated February 21, 2023, defendant and third-party defendants informed the Court that defendant wants additional time to determine whether to stipulate to dismissal of its claims against third-party defendants, but that third party defendants oppose any such extension. (Doc. #126). Instead, third-party defendants request that the Court dismiss defendant's claims against third-party defendants with prejudice or schedule a conference. Defendant's time to file a stipula tion dismissing its claims against third-party defendants in the above-captioned matter ("Laundry I") or to inform the Court what actions it intends to take with respect to the arbitration award is extended to March 6, 2023. Also by Marc h 6, 2023, regardless of whether a stipulation is filed, and in the interest of efficient case management, counsel for all parties shall file a joint case management report on the docket of Laundry I and on the docket of Trustees of the Laundry, Dry Cleaning Workers and Allied Industries Retirement Fund, Workers United v. FDR Services Corp. of New York, No. 17-cv-8353 (S.D.N.Y. filed Oct. 30, 2017) ("Laundry II"), not to exceed three pages, setting forth the following information: 1. S ummary of remaining claims in the underlying action of Laundry I, the third party action of Laundry I, and Laundry II; 2. Current status of Laundry I and Laundry II(e.g. what discovery has been completed and anticipated motions (if any)); 3. Overvie w of settlement efforts in Laundry I and Laundry II, including the present status of any settlement discussions, what efforts counsel expect to make in the future to settle these cases, and whether and how the Court can assist in that regard; and 4. Counsels' proposal of how Laundry I and Laundry II should proceed, now that arbitration of the third-party action in Laundry I is complete, including whether the current stay in either or both actions should be lifted. Following the receipt of the parties' joint letter, the Court will decide how to proceed. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/22/2023) (ks)
August 28, 2019 Opinion or Order Filing 91 MEMORANDUM OPINION AND ORDER re: 85 MOTION to Amend/Correct the Third-Party Complaint filed by FDR Services Corp. of New York, 73 MOTION to Compel Arbitration and Motion to Dismiss filed by Alberto Arroyo, Wilfredo Larancuent, Laundry, Distribution and Food Service Joint Board. The Union defendants' motion to compel arbitration is GRANTED, and their motion to dismiss is DENIED AS MOOT. FDR's motion to amend is DENIED AS MOOT. The claims in the thi rd-party complaint are stayed pending arbitration. By November 27, 2019, and every ninety days thereafter, FDR and the Union defendants shall inform the Court by joint letter of the status of the arbitration. Additionally, within ten days of complet ion of the arbitration, the parties shall provide a status report to the Court. By September 11, 2019, the Funds and FDR shall submit a joint status update regarding both this case and the related case of Trustees of the Laundry, Dry Cleaning Worker s and Allied Industries Retirement Fund, Workers United et al. v. FDR Services Corp. of New York, No. 17 Civ. 8353 (S.D.N.Y.). The parties shall specifically address whether the two cases should be stayed pending the arbitration, and, if not, shall p ropose revised discovery deadlines and include any other information they think would be helpful to Magistrate Judge Smith in re-commencing discovery in the two actions. The Clerk is instructed to terminate the motions. (Docs. ##73, 85). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/28/2019) (mml)
October 10, 2018 Opinion or Order Filing 61 OPINION AND ORDER re: 20 MOTION to Add Party(ies) Laundry, Distribution, and Food Service Joint Board (the "Union"), Alberto Arroyo, Wilfredo Larancuent, Christine Kerber in their official capacities as officers of the Union wit h Affidavit of James McCormack</i filed by FDR Services Corp. of New York. FDR's motion for leave to file a third-party complaint is GRANTED IN PART and DENIED IN PART. By October 23, 2018, FDR shall file a third-party complaint asserting claims for contribution and breach of fiduciary duty against the Union, Arroyo, and Larancuent. The Clerk is instructed to terminate the motion. (Doc. #20). (Signed by Judge Vincent L. Briccetti on 10/9/2018) (mml)
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Plaintiff: Trustees of the Laundry, Dry Cleaning Workers and Allied Industries Health Fund, Workers United
Represented By: David C. Sapp, Jr
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Defendant: FDR Services Corp. of New York
Represented By: Maureen Maria Stampp
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