Metzgar et al v. U.A. Plumbers and Steamfitters Local No. 22 Pension Fund et al
| Gary Metzgar, Richard Mueller, Sherwood Noble, Daniel O'Callaghan, Kevin Reagan, Ronald Reagan and Charles Puglia |
| U.A. Plumbers and Steamfitters Local No. 22 Pension Fund, Board of Trustees of U.A. Plumbers and Steamfitters Local No. 22 Pension Fund and Debra Koropolinski |
| 1:2013cv00085 |
| January 25, 2013 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Richard J. Arcara |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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The following documents for this case are available for you to view or download:
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Filing
151
DECISION AND ORDER adopting 139 Report and Recommendations. The Court grants 98 Defendants' Motion for Summary Judgment, denies 101 Plaintiffs' Motion for Summary Judgment, denies 111 Plaintiffs' Motion for Preliminary Injunction, and grants Defendants' request to withdraw their counterclaim. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 10/7/2020. (KEF)-CLERK TO FOLLOW UP-
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Filing
140
DECISION AND ORDER. Plaintiffs' Fee Request is GRANTED in the amount of $2,526 which amount Defendants shall tender to Plaintiffs' counsel within 30 days. Signed by Hon. Leslie G. Foschio on 4/3/2019. (SDW)
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Filing
139
DECISION AND ORDER DENYING 110 MOTION for Leave to File Supplemental Complaint filed by Gary Metzgar, Ronald Reagan, Charles Puglia, Sherwood Noble, Daniel O'Callaghan, Kevin Reagan, Richard Mueller.REPORT AND RECOMMENDATIO NS re 98 MOTION for Summary Judgment filed by Board of Trustees of U.A. Plumbers and Steamfitters Local No. 22 Pension Fund, U.A. Plumbers and Steamfitters Local No. 22 Pension Fund, Debra Koropolinski, 101 MOTION for Summary Judgment filed by Gary Metzgar, Ronald Reagan, Charles Puglia, Sherwood Noble, Daniel O'Callaghan, Kevin Reagan, Richard Mueller 111 MOTION for Preliminary Injunction filed by Gary Metzgar, Ronald Reagan, Charles Puglia, Sherwood Noble, Daniel O'Callaghan, Kevin Reagan, Richard Mueller, Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 3/28/2019. (SDW)
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Filing
128
DECISION and ORDER. Plaintiffs' motion, Dkt. 86, is GRANTED in part, DENIED in part, and DISMISSED as moot in part. As the court finds that there is a colorable basis to find Defendants failed to provide the requested discovery with respect to certain of Plaintiffs document requests was without substantial justification, Defendants shall, pursuant to Fed.R.Civ.P. 37(a)(5)(A), show cause not later than 20 days of this Decision and Order why Plaintiffs expenses incurred in connection with Pl aintiffs' motion should not be awarded; Plaintiffs' response shall be filed within 10 days thereafter; any reply shall be filed within five days. Oral argument shall be at the court's discretion. Signed by Hon. Leslie G. Foschio on 6/6/2018. (SDW)
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Filing
125
DECISION AND ORDER GRANTING Defendants' Request as set forth in Defendants' Affirmation in Support of Award for Attorneys' Fees 85 . Plaintiff shall tender Plaintiff's check in the amount of $ 3,719.25 to Defendants' attorneys WITHIN 30 DAYS of this Decision and Order. Signed by Hon. Leslie G. Foschio on 5/8/2018. (TAH)
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Filing
84
DECISION AND ORDER GRANTING Defendants' requests for attorney's fees incurred in connection with Defendants' motion to compel discovery (Dkt. 69), as awarded by the court's Decision and Order filed August 29, 2017 (Dkt. 77). Signed by Hon. Leslie G. Foschio on 10/17/2017. (TAH)
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Filing
83
DECISION and ORDER denying 79 Motion for Reconsideration. Signed by Hon. Leslie G. Foschio on 10/4/2017. (SDW)
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Filing
77
DECISION AND ORDER. Plaintiffs' motion to consolidate (Dkt. 72, Dkt. 5) is DENIED; Defendants request (Dkt. 74) to stay Metzgar II is GRANTED; Defendants alternative motion (Dkt. 74) to dismiss is DISMISSED as moot; Defendants motion to compel ( Dkt. 69) is GRANTED. Plaintiffs shall show cause not later than 14 days from this Decision and Order why Defendants' expenses, including reasonable attorneys fees, incurred in connection with Defendants motion should not be granted in accordanc e with Fed.R.Civ.P. 37(b)(2)(C) with respect to Plaintiffs' failure to comply with the April 24, 2017 Order to provide complete answers to Defendants Interrogatory No. 4, and pursuant to Fed.R.Civ.P. 37(c)(3) with respect to Plaintiffs refusal t o schedule Plaintiffs deposition; Defendants' response shall be filed not later than 14 days thereafter. Oral argument shall be at the courts discretion. An Amended Scheduling Order as to further proceedings in Metzgar I will be filed by the court. Signed by Hon. Leslie G. Foschio on 8/29/2017. Associated Cases: 1:13-cv-00085-LJV-LGF, 1:17-cv-00726-LJV-LGF(SDW)
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Filing
62
DECISION AND ORDER. Defendants' motion (Dkt. 58) is GRANTED in part and DENIED in part. Plaintiffs shall serve Plaintiffs Rule 26(a)(1) disclosures in accordance with Rule 26(a)(1)(A), including without limitation Rule 26(a)(1)(A)(iii), not lat er than January 26, 2017. Defendants' response to Plaintiffs' First Set of Interrogatories and Request to Produce may be served not later than 30 days following service of Plaintiffs' disclosures in accordance with this Decision and Order. Oral argument on Defendants' motion presently scheduled for January 18, 2017 at 2:00 p.m. is CANCELLED. Signed by Hon. Leslie G. Foschio on 1/17/2017. (SDW)
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Filing
47
ORDER accepting the 43 Report and Recommendation of Magistrate Judge Foschio and DENYING the plaintiffs' 34 motion to dismiss. Signed by Hon. Lawrence J. Vilardo on 4/15/2016. (CMD)
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Filing
29
ORDER: Adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report and Recommendation as filed on February 4, 2014. The defendant's partial motion to dismiss 13 is hereby denied. The case is recommitted to Magistrate Judge Schroeder for further proceedings. Signed by Hon. Richard J. Arcara on 5/2/14. (LAS)
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