Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary et al v. Akwesasne Construction Inc.
| Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary, Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman and Daniel Hogan, as Secretary and Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager |
| Akwesasne Construction Inc. |
| Akwesasne Construction Inc. |
| Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager, Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman and Daniel Hogan, as Secretary, Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary and Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary |
| 6:2015cv06757 |
| December 17, 2015 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Jonathan W. Feldman |
| Frank P. Geraci |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
99
DECISION AND ORDER: Because neither Defendants nor their attorneys - Underberg & Kessler LLP, Jennifer A. Shoemaker, and/or Aaron Griffin - filed a proper motion to withdraw, Defendants remain represented by counsel, and the Court declines to conside r Cardinell's pro se letter. Therefore, Plaintiffs' motion to strike 96 is GRANTED.Plaintiffs' supplemental motion for summary judgment 92 is GRANTED IN PART and DENIED IN PART without prejudice. Plaintiffs are entitled to $349,086.79 against Akwesasne in unpaid contributions, interest, and liquidated damages, and Cardinell is jointly and severally liable for a portion of those damages - namely, $89,223.17 in unpaid contributions and interest. The Court will assess Plaintiffs' requests for audit fees, attorney's fees, and costs when they file their renewed motion, which is due by December 14, 2020.Insofar as Defendants remain represented, the Court presumes that defense counsel will communicate this order, and any future orders, to Defendants.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/13/2020. (MFM)
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Filing
91
DECISION AND ORDER: As discussed herein, the Court (1) declines to hold Defendants in contempt, (2) denies Plaintiffs' sanction requests, (3) gives Plaintiffs until September 14, 2020 to file a properly supported motion for summary judgment on t he issue of damages and fees, and (4) orders Defendants to file any submissions to the Court through counsel, but permits Defendants to renew the motion to withdraw. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/20/2020. copy of order and nef mailed to Francis Cardinell.(MFM)
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Filing
63
DECISION AND ORDER: Plaintiffs' 48 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART with leave to renew upon submission of the payroll audit. Defendants must produce their records for a payroll audit for July 24, 2016 to date to Plaintiffs by October 25, 2019. Plaintiffs must provide the Court with a status update on this case by November 25, 2019. Defendants' 59 Motion to Dismiss is DENIED.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/25/2019. (AFM)
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| Search for this case: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary et al v. Akwesasne Construction Inc. | |
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| Plaintiff: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Plaintiff: Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Plaintiff: Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Plaintiff: Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman and Daniel Hogan, as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Plaintiff: Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager | |
| Represented By: | Jennifer A. Clark |
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| Defendant: Akwesasne Construction Inc. | |
| Represented By: | George Mitris |
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| Counter_claimant: Akwesasne Construction Inc. | |
| Represented By: | George Mitris |
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| Counter_defendant: Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager | |
| Represented By: | Jennifer A. Clark |
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| Counter_defendant: Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Counter_defendant: Rochester Laborers' Apprentice and Training Fund, by Robert Brown, as Chairman and Daniel Hogan, as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Counter_defendant: Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary | |
| Represented By: | Jennifer A. Clark |
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| Counter_defendant: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary | |
| Represented By: | Jennifer A. Clark |
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