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 84 |
Filed: 11/7/2014, Entered: 11/7/2014 |
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SATISFACTION OF JUDGMENT entered In favor of National Integrated Group Pension Plan Against Esquire Mechanical Corp., In favor of National Integrated Group Pension Plan Against Dunhill Food Equipment Corp., In favor of National Integrated Group Pension Plan Against Geoffrey Thaw, In favor of Board of Trustees of the National Integrated Group Pension Plan Against Geoffrey Thaw, In favor of Board of Trustees of the National Integrated Group Pension Plan Against Dunhill Food Equipment Corp., In favor of Board of Trustees of the National Integrated Group Pension Plan Against Esquire Mechanical Corp. by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen)
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| 83 |
Filed: 10/22/2014, Entered: 10/22/2014 |
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MANDATE of USCA as to 81 Notice of Appeal, filed by Esquire Mechanical Corp., Geoffrey Thaw, Sanford Associates, Dunhill Food Equipment Corp., Custom Stainless, Inc., Esquire Manufacturing, Inc. The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Issued as Mandate: 10/22/14. (McGee, Mary Ann)
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| 82 |
Filed: 8/25/2014, Entered: 8/25/2014 |
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ORDER of USCA as to 81 Notice of Appeal, filed by Esquire Mechanical Corp., Geoffrey Thaw, Sanford Associates, Dunhill Food Equipment Corp., Custom Stainless, Inc., Esquire Manufacturing, Inc. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered" without prejudice to reinstatement by 10/15/2014, Certified Copy issued: 8/25/14. (McGee, Mary Ann)
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| 81 |
Filed: 3/19/2014, Entered: None |
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NOTICE OF APPEAL as to 60 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion to Stay,,,,,,,,, 80 Clerk's Judgment,, 79 Order Adopting Report and Recommendations,,,,, by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Manufacturing, Inc., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw. Filing fee $ 505, receipt number 0207-6801915. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Donovan, Joseph) (Entered: 03/19/2014)
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| 80 |
Filed: 3/6/2014, Entered: None |
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CLERK'S JUDGMENT dated 3/6/14 that judgment is hereby entered in favor of plaintiffs National Integrated Group Pension Plan and Board of Trustees of the National Integrated Group Pension Plan and against defendants Dunhill Food Equipment Corp., Esquire Mechanical Corp., Geoffrey Thaw, Sanford Associates, and Custom Stainless, Inc., jointly and severally, in the amount of $957,669.52. ( Ordered by Janet Hamilton, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 3/6/2014 ) (Guzzi, Roseann) (Entered: 03/06/2014)
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| 79 |
Filed: 3/7/2014, Entered: None |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. As set forth in the attached Memorandum & Order, having considered Magistrate Judge Cheryl L. Pollak's 73 Report & Recommendation and 76 Supplemental Report & Recommendation and the accompanying obj ections, and, finding no clear error, the Court adopts Judge Pollak's Report & Recommendation and Supplemental Report & Recommendation in their entirety. Plaintiffs are awarded $71,215.00 in attorneys' fees ($65,772.00 in fees the work of the Bredhoff Firm, $12,306 in fees for the work of Meyer Suozzi, and a $6,863.00 deduction for unsuccessful claims), $5,940.00 in fees for paralegal assistants and law clerks at the Bredhoff Firm, and $11,243.84 in costs. The Clerk of the Court is directed to enter judgment in favor of Plaintiffs against Defendants Dunhill, Esquire and Thaw, jointly and severally, for withdrawal liability in the amount of $621,512.75, liquidated damages in the amount of $12 4,302.55, interest accruing at the rate of 5.25% from Defendants' May 24, 2010 default, fees in the amount of $77,155.00 and $11,243.84 in costs. The Clerk of the Court is directed to close this case. Ordered by Judge Margo K. Brodie on 3/6/2014. (Rugani, Meredith)
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| 79 |
Filed: 3/6/2014, Entered: None |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. As set forth in the attached Memorandum & Order, having considered Magistrate Judge Cheryl L. Pollak's 73 Report & Recommendation and 76 Supplemental Report & Recommendation and the accompanying objections, and, finding no clear error, the Court adopts Judge Pollak's Report & Recommendation and Supplemental Report & Recommendation in their entirety. Plaintiffs are awarded $71,215.00 in attorneys' fees ($65,772.00 in fees the work of the Bredhoff Firm, $12,306 in fees for the work of Meyer Suozzi, and a $6,863.00 deduction for unsuccessful claims), $5,940.00 in fees for paralegal assistants and law clerks at the Bredhoff Firm, and $11,243.84 in costs. The Clerk of the Court is directed to enter judgment in favor of Plaintiffs against Defendants Dunhill, Esquire and Thaw, jointly and severally, for withdrawal liability in the amount of $621,512.75, liquidated damages in the amount of $124,302.55, interest accruing at the rate of 5.25% from Defendants' May 24, 2010 default, fees in the amount of $77,155.00 and $11,243.84 in costs. The Clerk of the Court is directed to close this case. Ordered by Judge Margo K. Brodie on 3/6/2014. (Rugani, Meredith) (Entered: 03/06/2014)
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| 78 |
Filed: 2/25/2014, Entered: None |
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NOTICE by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan re 77 Affidavit in Opposition to Motion,, of Filing Response to Defendants Opposition to Report and Recommendation of Magistrate Judge (Keller, Kathleen) (Entered: 02/25/2014)
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| 77 |
Filed: 2/11/2014, Entered: None |
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AFFIDAVIT/DECLARATION in Opposition re 76 REPORT AND RECOMMENDATIONS re 73 REPORT AND RECOMMENDATIONS re 62 MOTION for Attorney Fees and costs filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan, 73 REPORT AND RECOMMENDATIONS re 62 MOTION for Attorney Fees and costs filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan filed by Dunhill Food Equipment Corp., Esquire Mechanical Corp., Geoffrey Thaw. (Donovan, Joseph) (Entered: 02/11/2014)
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| 76 |
Filed: 1/30/2014, Entered: None |
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SUPPLEMENTAL REPORT AND RECOMMENDATION re 73 75 The Court respectfully recommends that plaintiffs be awarded an additional amount of $12,306 in attorneys' fees, representing 58.6 hours of work performed by local counsel at a rate of $210 per hour. Objections to R&R due by 2/18/2014. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/30/2014. (Caggiano, Diana) (Entered: 01/30/2014)
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| 75 |
Filed: 1/27/2014, Entered: None |
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AFFIDAVIT in Support re 73 REPORT AND RECOMMENDATIONS re 62 MOTION for Attorney Fees and costs filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan by All Plaintiffs. (McConnell, Patricia) (Entered: 01/27/2014)
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| 74 |
Filed: 1/7/2014, Entered: None |
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ORDER of USCA as to 66 Notice of Appeal, filed by Geoffrey Thaw. The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to Local Rule 42.1. The stipulation is hereby "So Ordered" without prejudice to reinstatement by 03/31/2014, Certified Copy issued on 1/7/14 (McGee, Mary Ann) (Entered: 01/07/2014)
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| 73 |
Filed: 1/6/2014, Entered: None |
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REPORT AND RECOMMENDATION re 62 63 64 65 67 68 The Court respectfully recommends that plaintiffs be awarded $76,092.84 in attorney's fees and costs, including: 1) $65,772.00 in fees for counsel at the Bredhoff Firm (which billed 313.2 hours at the blended rate of $210 per hour); 2) $5,940.00 in fees for paralegal assistants and law clerks at the Bredhoff Firm (whose rates were reduced to $75 per hour); 3) a $6,863.00 deduction for unsuccessful claims against defendants Sanford and Custom; and 4) $11,243.84 in costs. The Court reserves its recommendation on the fees requested for work performed by local counsel, and Orders plaintiff's counsel to submit information about the qualifications of local counsel from Meyer Suozzi by January 27, 2014. Objections to R&R due by 1/23/2014. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/6/2014. (Caggiano, Diana) (Entered: 01/06/2014)
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| 72 |
Filed: 9/30/2013, Entered: None |
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ORDER of USCA as to 66 Notice of Appeal, filed by Geoffrey Thaw. The parties in the above-referenced case have filed a stipulation withdrawing this appeal without prejudice to reinstatement by 12/31/13, pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Certified copy issued 9/30/13. (McGee, Mary Ann) (Entered: 09/30/2013)
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| 71 |
Filed: 8/7/2013, Entered: None |
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ORDER of USCA as to 66 Notice of Appeal, filed by Geoffrey Thaw. The parties in the above-referenced case have filed a stipulation withdrawing this appeal, pursuant to Local Rule 42.1, without prejudice to reinstatement by 10/1/13.The stipulation is hereby "So Ordered". Certified Copy issued: 8/7/13 (McGee, Mary Ann) (Entered: 08/07/2013)
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| 70 |
Filed: 7/2/2013, Entered: None |
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ORDER of USCA as to 66 Notice of Appeal, filed by Geoffrey Thaw. The parties in the above-referenced case have filed a stipulation withdrawing this appeal without prejudice to reinstatement by 8/02/13 pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Certified 7/2/13. (McGee, Mary Ann) (Entered: 07/02/2013)
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| 69 |
Filed: 7/1/2013, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/04/2012, before Judge Brodie. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: amancusoreporter@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2013. Redacted Transcript Deadline set for 8/1/2013. Release of Transcript Restriction set for 9/30/2013. (Mancuso, Anthony) (Entered: 07/01/2013)
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| 68 |
Filed: 5/10/2013, Entered: None |
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REPLY in Support re 62 MOTION for Attorney Fees and costs filed by All Plaintiffs. (Keller, Kathleen) (Entered: 05/10/2013)
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| 67 |
Filed: 5/3/2013, Entered: None |
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RESPONSE in Opposition re 62 MOTION for Attorney Fees and costs and in response to Petition for Entry of Judgment (ECF #61) filed by Dunhill Food Equipment Corp., Esquire Mechanical Corp., Geoffrey Thaw. (Donovan, Joseph) (Entered: 05/03/2013)
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| 66 |
Filed: 4/30/2013, Entered: None |
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NOTICE OF APPEAL as to 60 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion to Stay,,,,,,,,, by Geoffrey Thaw. Filing fee $ 455, receipt number 0207-6166949. (Attachments: # 1 Exhibit A) (Donovan, Joseph) (Entered: 04/30/2013)
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| 65 |
Filed: 4/25/2013, Entered: None |
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MOTION for Extension of Time to File, MOTION for Extension of Time to File Response/Reply as to 64 Affidavit in Support of Motion, 61 Notice(Other), 63 Memorandum in Support, 62 MOTION for Attorney Fees and costs by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Manufacturing, Inc., Sanford Associates, Geoffrey Thaw. (Donovan, Joseph) (Entered: 04/25/2013)
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| 64 |
Filed: 4/17/2013, Entered: None |
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AFFIDAVIT/DECLARATION in Support re 62 MOTION for Attorney Fees and costs filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Keller, Kathleen) (Entered: 04/17/2013)
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| 63 |
Filed: 4/17/2013, Entered: None |
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MEMORANDUM in Support re 62 MOTION for Attorney Fees and costs filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Keller, Kathleen) (Entered: 04/17/2013)
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| 62 |
Filed: 4/17/2013, Entered: None |
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MOTION for Attorney Fees and costs by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Attachments: # 1 Proposed Order) (Keller, Kathleen) (Entered: 04/17/2013)
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| 61 |
Filed: 4/17/2013, Entered: None |
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NOTICE by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan re 60 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion to Stay,,,,,,,,, of Filing Petition for Entry of Judgment and Proposed Judgment (Attachments: # 1 Proposed Judgment) (Keller, Kathleen) (Entered: 04/17/2013)
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| 60 |
Filed: 4/3/2013, Entered: None |
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MEMORANDUM & ORDER re 39, 43 and 55 : For the reasons set forth in the attached Memorandum & Order, Defendants' motion for partial summary judgment is granted in part and denied in part, and Plaintiffs' motion for summary judgment is granted in part and denied in part. The Court finds Dunhill, Esquire and Thaw, jointly and severally, liable for the withdrawal liability, plus reasonable attorney's fees and costs, interest and liquidated damages. The Court dismisses the Amended Complaint as to Sanford and Custom Stainless. Defendants' motion for protective relief is denied as moot. Plaintiffs are directed to submit a proposed judgment to the Court within 14 days of this Order. Ordered by Judge Margo K. Brodie on 4/3/2013. (Lee, Margaret) (Entered: 04/03/2013)
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| 59 |
Filed: 11/9/2012, Entered: None |
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REPLY in Support re 56 Memorandum in Support, 55 MOTION to Stay /for Protective Relief as may be Applicable or Necessary, Including a Stay of Additional Proceedings, together with the related Declaration of Kevin J. Nash filed by Sanford Associates, Geoffrey Thaw. (Attachments: # 1 Exhibit A) (Donovan, Joseph) (Entered: 11/09/2012)
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| 58 |
Filed: 11/9/2012, Entered: None |
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MEMORANDUM in Opposition re 55 MOTION to Stay /for Protective Relief as may be Applicable or Necessary, Including a Stay of Additional Proceedings, together with the related Declaration of Kevin J. Nash filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Vazquez, Osvaldo) (Entered: 11/09/2012)
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| 57 |
Filed: 10/22/2012, Entered: None |
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Letter regarding Opposition to Defendants Motion for Protective Relief by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 10/22/2012)
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| 56 |
Filed: 10/8/2012, Entered: None |
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MEMORANDUM in Support re 55 MOTION to Stay /for Protective Relief as may be Applicable or Necessary, Including a Stay of Additional Proceedings, together with the related Declaration of Kevin J. Nash filed by Sanford Associates, Geoffrey Thaw. (Nash, Kevin) (Entered: 10/08/2012)
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| 55 |
Filed: 10/8/2012, Entered: None |
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MOTION to Stay /for Protective Relief as may be Applicable or Necessary, Including a Stay of Additional Proceedings, together with the related Declaration of Kevin J. Nash by Sanford Associates, Geoffrey Thaw. (Attachments: # 1 Declaration) (Nash, Kevin) (Entered: 10/08/2012)
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| 54 |
Filed: 9/7/2012, Entered: None |
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Letter to Court transmitting motion papers by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw (Donovan, Joseph) (Entered: 09/07/2012)
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| 53 |
Filed: 9/6/2012, Entered: None |
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Letter transmitting courtesy copies of the motion papers filed in connection with Summary Judgment by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 09/06/2012)
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| 52 |
Filed: 9/6/2012, Entered: None |
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DECLARATION re 50 Reply in Support of Motion for Summary Judgment (by Osvaldo Vazquez) by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Attachments: # 1 Exhibit A) (Keller, Kathleen) (Entered: 09/06/2012)
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| 51 |
Filed: 9/6/2012, Entered: None |
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DECLARATION re 50 Reply in Support of Motion for Summary Judgment (by Donald Mickel) by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Attachments: # 1 Exhibit A-D) (Keller, Kathleen) (Entered: 09/06/2012)
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| 50 |
Filed: 9/6/2012, Entered: None |
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REPLY in Support re 39 MOTION for Summary Judgment filed by All Plaintiffs. (Keller, Kathleen) (Entered: 09/06/2012)
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| 49 |
Filed: 9/6/2012, Entered: None |
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RULE 56.1 STATEMENT re 39 MOTION for Summary Judgment Response to Movants' Statement filed by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw. (Donovan, Joseph) (Entered: 09/06/2012)
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| 48 |
Filed: 9/6/2012, Entered: None |
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MEMORANDUM in Opposition re 39 MOTION for Summary Judgment filed by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw. (Donovan, Joseph) (Entered: 09/06/2012)
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| 47 |
Filed: 9/6/2012, Entered: None |
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AFFIDAVIT/DECLARATION in Opposition re 39 MOTION for Summary Judgment of Richard Mole filed by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw. (Donovan, Joseph) (Entered: 09/06/2012)
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| 46 |
Filed: 9/6/2012, Entered: None |
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AFFIDAVIT/DECLARATION in Opposition re 39 MOTION for Summary Judgment of Geoffrey Thaw filed by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Donovan, Joseph) (Entered: 09/06/2012)
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| 45 |
Filed: 9/6/2012, Entered: None |
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DECLARATION re 39 MOTION for Summary Judgment of Osvaldo Vazquez by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H (Part 1), # 9 Exhibit H (Part 2), # 10 Exhibit H (Part 3), # 11 Exhibit H (Part 4), # 12 Exhibit H (Part 5)) (Keller, Kathleen) (Entered: 09/06/2012)
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| 44 |
Filed: 9/6/2012, Entered: None |
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MEMORANDUM in Support re 43 MOTION to Dismiss Complaint and for judgment on the pleadings filed by Custom Stainless, Inc., Sanford Associates, Geoffrey Thaw. (Donovan, Joseph) (Entered: 09/06/2012)
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| 43 |
Filed: 9/6/2012, Entered: None |
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MOTION to Dismiss Complaint and for judgment on the pleadings by Custom Stainless, Inc., Sanford Associates, Geoffrey Thaw. (Attachments: # 1 Declaration, # 2 Appendix) (Donovan, Joseph) (Entered: 09/06/2012)
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| 42 |
Filed: 9/6/2012, Entered: None |
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DECLARATION re 39 MOTION for Summary Judgment of Donald Mickel by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Keller, Kathleen) (Entered: 09/06/2012)
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| 41 |
Filed: 9/6/2012, Entered: None |
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RULE 56.1 STATEMENT re 39 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Appendix) (Keller, Kathleen) (Entered: 09/06/2012)
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| 40 |
Filed: 9/6/2012, Entered: None |
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MEMORANDUM in Support re 39 MOTION for Summary Judgment and Opposition to Defendants' Motion for Judgment on the Pleadings filed by All Plaintiffs. (Keller, Kathleen) (Entered: 09/06/2012)
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| 39 |
Filed: 9/6/2012, Entered: None |
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MOTION for Summary Judgment by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Keller, Kathleen) (Entered: 09/06/2012)
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| 38 |
Filed: 8/29/2012, Entered: None |
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Letter transmitting Defendants' Response to Plaintiffs' Motion for Summary Judgment to Counsel for Plaintiff by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw (Donovan, Joseph) (Entered: 08/29/2012)
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| 37 |
Filed: 8/17/2012, Entered: None |
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ENDORSED ORDER re 36 Letter filed by Esquire Mechanical Corp., Geoffrey Thaw, Sanford Associates, Dunhill Food Equipment Corp.,Custom Stainless, Inc. Ordered by Judge Margo K. Brodie on 8/17/2012. (Francis, Ogoro) (Entered: 08/17/2012)
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| 36 |
Filed: 8/17/2012, Entered: None |
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Letter requesting extension of deadlines by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw (Donovan, Joseph) (Entered: 08/17/2012)
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| 35 |
Filed: 8/10/2012, Entered: None |
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Letter Transmitting Plaintiffs' Motion for Summary Judgment to Defendants' Counsel by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Vazquez, Osvaldo) (Entered: 08/10/2012)
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| 34 |
Filed: 7/13/2012, Entered: None |
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Letter transmitting Defendant's Motion to Dismiss to Counsel for Plaintiff by Custom Stainless, Inc., Sanford Associates, Geoffrey Thaw (Donovan, Joseph) (Entered: 07/13/2012)
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| 33 |
Filed: 6/22/2012, Entered: None |
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ENDORSED ORDER re 32 Letter requesting extension of deadlines. Defendants' request for a two-week extension of the briefing schedule is granted. Defendants' motion is due by July 13, 2012. Plaintiffs' opposition and cross-motion are due by August 10, 2012. Defendants' reply in support of their motion and opposition to Plaintiffs' cross-motion are due by August 22, 2012. Plaintiffs' reply in support of their cross-motion is due by August 29, 2012. Ordered by Judge Margo K. Brodie on 6/22/2012. (Lee, Margaret) (Entered: 06/22/2012)
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| 32 |
Filed: 6/21/2012, Entered: None |
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Letter requesting extension of deadlines by Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw (Donovan, Joseph) (Entered: 06/21/2012)
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| 31 |
Filed: 6/7/2012, Entered: None |
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Letter Letter to Hon. Margo K. Brodie by Dunhill Food Equipment Corp. (Donovan, Joseph) (Entered: 06/07/2012)
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| 30 |
Filed: 5/31/2012, Entered: None |
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ANSWER to 24 Amended Complaint by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw. (Piper, Francine) (Entered: 05/31/2012)
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| 29 |
Filed: 5/8/2012, Entered: None |
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ENDORSED ORDER: re 28 Proposed Briefing Schedule filed by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. Defendants to file motion to dismiss or motion for summary judgment by June 15, 2012; Plaintiffs to file opposition to Defendants' motion and cross-motion for summary judgment by July 13, 2012; Defendants to file opposition to cross-motion for summary judgment and reply in support of Defendants' motion by July 25, 2012; and Plaintiffs to file reply in support of Plaintiffs' cross-motion for summary judgment by July 31, 2012. Ordered by Judge Margo K. Brodie on 5/8/2012. (Lee, Margaret) (Entered: 05/08/2012)
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| 28 |
Filed: 5/7/2012, Entered: None |
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Proposed Scheduling Order by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 05/07/2012)
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| 27 |
Filed: 4/30/2012, Entered: None |
Unknown Document Type |
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ORDER, Based on a review of letters, the court finds that a pre-motion conference is not necessary and all parties are granted leave to file their motions. The parties are to confer with each other and submit a proposed briefing schedule to the court by May 7, 2012. (Ordered by Judge Margo K. Brodie on 4/30/2012) (Piper, Francine) (Entered: 04/30/2012)
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Request |
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| 26 |
Filed: 4/27/2012, Entered: None |
Unknown Document Type |
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Letter Motion by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 04/27/2012)
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Request |
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| 25 |
Filed: 4/26/2012, Entered: None |
Unknown Document Type |
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Letter Motion requesting pre-motion conference by Custom Stainless, Inc., Dunhill Food Equipment Corp., Esquire Manufacturing, Inc., Esquire Mechanical Corp., Sanford Associates, Geoffrey Thaw (Nash, Kevin) Modified on 4/27/2012 - to change to motion. (Piper, Francine). (Entered: 04/26/2012)
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Request |
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| 24 |
Filed: 4/17/2012, Entered: None |
Unknown Document Type |
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AMENDED COMPLAINT against All Plaintiffs, filed by National Integrated Group Pension Plan, Board of Trustees of the National Integrated Group Pension Plan. (Keller, Kathleen) (Entered: 04/17/2012)
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Request |
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| 23 |
Filed: 4/16/2012, Entered: None |
Unknown Document Type |
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MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 4/16/2012. Discovery is complete. Plaintiffs are authorized to file Amended Complaint on consent. Defendant's time to answer or move is extended to 5/31/12. Previously set deadline for filing motion is vacated. Parties to request pre-motion conference; letters due 4/27/12 - responses 5/4/12. (Caggiano, Diana) (Entered: 04/16/2012)
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Request |
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| 22 |
Filed: 3/19/2012, Entered: None |
Unknown Document Type |
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Letter re Pre-Motion Conference, Motion to Amend Complaint by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 03/19/2012)
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Request |
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| 21 |
Filed: 3/19/2012, Entered: None |
Unknown Document Type |
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MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 3/19/2012. Plaintiff to withdraw request for pre-motion conference at this time; plaintiff to provide proposed Amended Complaint to defendant for review by 3/20/12. Defendant to notify court and counsel if objections to Amended Complaint. Conference set for 4/16/12 @ 2:30 PM. (Caggiano, Diana) (Entered: 03/19/2012)
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Request |
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| 20 |
Filed: 3/7/2012, Entered: None |
Unknown Document Type |
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Letter re Pre-Motion Conference, Motion to Amend Complaint by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 03/07/2012)
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Request |
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| 19 |
Filed: 3/5/2012, Entered: None |
Unknown Document Type |
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STATUS REPORT by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (Keller, Kathleen) (Entered: 03/05/2012)
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Request |
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| 18 |
Filed: 2/27/2012, Entered: None |
Unknown Document Type |
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ENDORSED LETTER ORDER granting 17 Motion for Leave to Appear. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/27/2012. (Caggiano, Diana) (Entered: 02/27/2012)
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Request |
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| 17 |
Filed: 2/27/2012, Entered: None |
Unknown Document Type |
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MOTION for Leave to Appear Pro Hac Vice by Kathleen M. Keller Filing fee $ 25, receipt number 0207-5329473. by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Keller, Kathleen) (Entered: 02/27/2012)
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Request |
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| 16 |
Filed: 2/6/2012, Entered: None |
Unknown Document Type |
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MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 2/3/2012. Parties to submit a status report by 3/2/12 indicating if case is ripe for settlement conference or depositions are needed. (Caggiano, Diana) (Entered: 02/06/2012)
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Request |
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| 15 |
Filed: 12/21/2011, Entered: None |
Unknown Document Type |
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MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 12/20/2011. Supplemental interrogatories responses and accountant's records due 1/13/12. Conference set for 2/3/12 @ 9:30 AM to address settlement, depositions or possible motions. If parties agree that a settlement conference would be beneficial, then appear in person; otherwise phone conference is fine. (Caggiano, Diana) (Entered: 12/21/2011)
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Request |
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| 14 |
Filed: 12/20/2011, Entered: None |
Unknown Document Type |
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ORDER granting 13 Motion to Appear by Telephone. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/19/2011. (Caggiano, Diana) (Entered: 12/20/2011)
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Request |
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| 13 |
Filed: 12/19/2011, Entered: None |
Unknown Document Type |
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Consent Motion to Appear by Telephone by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (Attachments: # 1 Certificate of Service) (Feldman, Elise) (Entered: 12/19/2011)
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Request |
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| 12 |
Filed: 10/25/2011, Entered: None |
Unknown Document Type |
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ORDER granting 8 Motion for Leave to Appear. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/25/2011. (Caggiano, Diana) (Entered: 10/25/2011)
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Request |
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| 11 |
Filed: 10/21/2011, Entered: None |
Unknown Document Type |
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MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 10/21/2011. Discovery schedule set - see attached. If either party wishes to make a motion, they should request a premotion conference with Judge Ross. Document requests and interrogatories to be exchanged by 11/11/11 - responses 12/12/11. Next conference set for 12/20/11 @ 4:00 PM. (Caggiano, Diana) (Entered: 10/21/2011)
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Request |
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| 10 |
Filed: 10/20/2011, Entered: None |
Unknown Document Type |
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NOTICE of Change of firm address, telephone, e-mail by Elise S. Feldman (Feldman, Elise) (Entered: 10/20/2011)
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Request |
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| 9 |
Filed: 10/20/2011, Entered: None |
Unknown Document Type |
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NOTICE of Appearance by Elise S. Feldman on behalf of Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan (aty to be noticed) (Attachments: # 1 Certificate of Service of E. Feldman of Notice of Appearance) (Feldman, Elise) (Entered: 10/20/2011)
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Request |
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| 8 |
Filed: 10/19/2011, Entered: None |
Unknown Document Type |
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MOTION for Leave to Appear Pro Hac Vice by Osvaldo Vazquez, Esq. via Local Counsel Filing fee $ 25, receipt number 0207-5087300. by Board of Trustees of the National Integrated Group Pension Plan, National Integrated Group Pension Plan. (McConnell, Patricia) (Entered: 10/19/2011)
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Request |
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| 7 |
Filed: 10/5/2011, Entered: None |
Unknown Document Type |
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SCHEDULING ORDER: An initial conference has been scheduled in the above-captioned case on OCTOBER 21, 2011 at 3:30 PM, before the Honorable Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/5/2011. (Caggiano, Diana) (Entered: 10/05/2011)
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Request |
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| 6 |
Filed: 9/23/2011, Entered: None |
Unknown Document Type |
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AFFIDAVIT of Service for Answer and Rule 7.1 Statement served on Julia P. Clark, Esq. and Patricia McConnell, Esq. on September 23, 2011, filed by Dunhill Food Equipment Corp., Esquire Manufacturing, Inc.. (Donovan, Joseph) (Entered: 09/23/2011)
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Request |
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| 5 |
Filed: 9/23/2011, Entered: None |
Unknown Document Type |
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Corporate Disclosure Statement by Dunhill Food Equipment Corp., Esquire Manufacturing, Inc. (Donovan, Joseph) (Entered: 09/23/2011)
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Request |
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| 4 |
Filed: 9/23/2011, Entered: None |
Unknown Document Type |
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ANSWER to 1 Complaint, by Dunhill Food Equipment Corp., Esquire Manufacturing, Inc.. (Donovan, Joseph) (Entered: 09/23/2011)
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Request |
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| 3 |
Filed: 8/31/2011, Entered: None |
Unknown Document Type |
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SUMMONS Returned Executed by National Integrated Group Pension Plan, Board of Trustees of the National Integrated Group Pension Plan. Esquire Manufacturing, Inc. served on 8/19/2011, answer due 9/9/2011. (McConnell, Patricia) (Entered: 08/31/2011)
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Request |
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| 2 |
Filed: 8/15/2011, Entered: None |
Unknown Document Type |
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SUMMONS Returned Executed by National Integrated Group Pension Plan, Board of Trustees of the National Integrated Group Pension Plan. Dunhill Food Equipment Corp. served on 8/3/2011, answer due 8/24/2011. (McConnell, Patricia) (Entered: 08/15/2011)
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Request |
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| 1 |
Filed: 7/28/2011, Entered: None |
Unknown Document Type |
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COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by National Integrated Group Pension Plan, Board of Trustees of the National Integrated Group Pension Plan. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 07/29/2011)
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Request |
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| |
Filed: 3/19/2014, Entered: None |
Unknown Document Type |
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Electronic Index to Record on Appeal sent to US Court of Appeals. 81 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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Request |
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| |
Filed: 5/7/2013, Entered: None |
Unknown Document Type |
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ORDER REFERRING MOTION: 62 Plaintiffs' Motion for Attorneys' Fees and Costs is respectfully referred to Magistrate Judge Cheryl L. Pollak for a report and recommendation. Ordered by Judge Margo K. Brodie on 5/7/2013. (Rugani, Meredith)
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Request |
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| |
Filed: 4/30/2013, Entered: None |
Unknown Document Type |
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Electronic Index to Record on Appeal sent to US Court of Appeals. 66 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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Request |
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| |
Filed: 4/25/2013, Entered: None |
Unknown Document Type |
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ORDER granting 65 Motion for Extension of Time to File. Defendants' Response to Plaintiffs' Motion for Attorney Fees and Costs is due May 3, 2013. Ordered by Judge Margo K. Brodie on 4/25/2013. (Rugani, Meredith)
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Request |
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| |
Filed: 12/4/2012, Entered: None |
Unknown Document Type |
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Minute Entry for proceedings held before Judge Margo K. Brodie: Oral argument was held on December 4, 2012, regarding 39 Plaintiffs' motion for summary judgment, 43 Defendants' motion for judgment on the pleadings, and 55 Defendants' motion to stay. Kathleen Keller appeared on behalf of Plaintiffs, and Kevin Nash appeared on behalf of Defendants. Defendants' motion for judgment on the pleadings was converted to a motion for summary judgment. The Court reserved decision. (Court Reporter Anthony Mancuso.) (Lee, Margaret)
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Request |
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| |
Filed: 11/28/2012, Entered: None |
Unknown Document Type |
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NOTICE: The oral argument scheduled for December 4, 2012 at 11:30 AM, the time has been CHANGED to 3:00 PM. (Francis, Ogoro)
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Request |
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| |
Filed: 11/20/2012, Entered: None |
Unknown Document Type |
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NOTICE of Hearing on 39 MOTION for Summary Judgment, 43 MOTION to Dismiss Complaint and for judgment on the pleadings: Motion Hearing RESCHEDULED to 12/4/2012 at 11:30 AM in Courtroom 6F North before Judge Margo K. Brodie. (Francis, Ogoro)
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Request |
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| |
Filed: 9/21/2012, Entered: None |
Unknown Document Type |
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NOTICE of Hearing on Motion 39 MOTION for Summary Judgment, 43 MOTION to Dismiss Complaint and for judgment on the pleadings: Motion Hearing set for 12/3/2012 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. (Francis, Ogoro)
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Request |
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| |
Filed: 6/7/2012, Entered: None |
Unknown Document Type |
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ORDER re 31 Letter filed by Dunhill Food Equipment Corp. Defendants' request for a two-week extension of the briefing schedule is granted. Defendants' motion is due by June 29, 2012. Plaintiffs' opposition and cross-motion are due by July 27, 2012. Defendants' reply in support of their motion and opposition to Plaintiffs' cross-motion are due by August 8, 2012. Plaintiffs' reply in support of their cross-motion is due by August 14, 2012. Ordered by Judge Margo K. Brodie on 6/7/2012. (Lee, Margaret)
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Request |
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| |
Filed: 5/31/2012, Entered: None |
Unknown Document Type |
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Incorrect Entry Information. Counsel (Joseph Donovan) previously filed an Answer to Amended Complaint. Counsel picked Answer to Complaint instead of Answer to Amended Complaint. Document was deleted and re-entered by the court. (Piper, Francine)
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Request |
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| |
Filed: 3/22/2012, Entered: None |
Unknown Document Type |
|
Judge Margo K. Brodie added. Judge Allyne R. Ross no longer assigned to case. (Gapinski, Michele)
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Request |
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| |
Filed: 3/9/2012, Entered: None |
Unknown Document Type |
|
ELECTRONIC SCHEDULING ORDER: re 19 A telephone conference is scheduled for 3/19/12 @ 10:00 AM before MJ Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/9/2012. (Caggiano, Diana)
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Request |
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| |
Filed: 7/28/2011, Entered: None |
Unknown Document Type |
|
Summons Issued as to All Defendants. (Bowens, Priscilla)
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Request |
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| |
Filed: 7/28/2011, Entered: None |
Unknown Document Type |
|
FILING FEE: $ 350, receipt number 4653032040 (Bowens, Priscilla)
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Request |
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| 60 |
Filed: 4/4/2013, Entered: None |
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MEMORANDUM & ORDER re 39 , 43 and 55 : For the reasons set forth in the attached Memorandum & Order, Defendants' motion for partial summary judgment is granted in part and denied in part, and Plaintiffs' motion for summary judgment is granted in part and denied in part. The Court finds Dunhill, Esquire and Thaw, jointly and severally, liable for the withdrawal liability, plus reasonable attorney's fees and costs, interest and liquidated damages. The Court dismisses the Ame nded Complaint as to Sanford and Custom Stainless. Defendants' motion for protective relief is denied as moot. Plaintiffs are directed to submit a proposed judgment to the Court within 14 days of this Order. Ordered by Judge Margo K. Brodie on 4/3/2013. (Lee, Margaret)
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