Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of, Plaintiff
ORDER granting 129 Letter Motion for Extension of Time. Granted. The deadline to reopen this October 25, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/27/2018) (anc)
FIRST LETTER MOTION for Extension of Time of the deadline to reopen the action addressed to Judge Paul A. Engelmayer from Todd Dickerson dated September 26, 2018. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
ORDER OF DISCONTINUANCE: The Court having been advised by Judge Netburn that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 9/6/2018) (mro)
NOTICE OF APPEARANCE by Andrew Kelser on behalf of Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Certificate of Service)(Kelser, Andrew)
ORDER FOR ADMISSION PRO HAC VICE: granting 125 Motion for Andrew Kelser to Appear Pro Hac Vice. So Ordered. (Signed by Judge Paul A. Engelmayer on 8/28/2018) (js)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 125 MOTION for Andrew Kelser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15494593. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
MOTION for Andrew Kelser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15494593. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Exhibit Certificate of Good Standing (Pennsylvania), # 2 Exhibit Certificate of Good Standing (District of Columbia), # 3 Affidavit, # 4 Text of Proposed Order, # 5 Certificate of Service)(Kelser, Andrew)
NOTICE OF APPEARANCE by Randall Richard Hopp on behalf of Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Hopp, Randall)
MEMO ENDORSEMENT on re: 120 Letter,, filed by Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of, Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund. ENDORSEMENT: Granted. The parties' letter is due September 12, 2018. The parties should not expect to receive any further extensions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2018) (anc)
MEMO ENDORSEMENT: on re: 121 Letter, filed by Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. ENDORSEMENT: The National Funds' motion is GRANTED. They are ORDERED to provide a telephone number at which they may be reached for the duration of the conference. Counsel for the National Funds is further ORDERED to enter an appearance and to clarify whether Virginia & Ambinder, LLP continues to represent them as well.( Settlement Conference set for 9/6/2018 at 10:00 AM before Magistrate Judge Sarah Netburn. Telephone Conference set for 9/6/2018 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/13/2018) (js)
LETTER addressed to Magistrate Judge Sarah Netburn from Richard Hopp, attorney for certain Plaintiffs dated July 13, 2018 re: Settlement Conference - Request for Permission to Participate by Telephone. Document filed by Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Hopp, Randall)
CONSENT LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson dated July 13, 2018 re: Settlement Conference. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, September 6, 2018, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Thursday, August 30, 2018. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED., ( Settlement Conference set for 9/6/2018 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/12/2018) (ama)
ORDER: In light of the recent summary judgment decision, the parties are directed to call chambers at (212) 805-0286 to schedule a settlement conference if they believe it would be fruitful at this time. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 6/7/2018) (js)
ORDER: The parties are directed to participate in a settlement conference with Judge Netburn by July 13, 2018. By that date, the parties shall notify the Court of the status of their settlement negotiations. If the parties believe that a resolution is not reasonably achievable, the parties shall notify the Court whether a jury trial is still contemplated or whether all parties consent to a bench trial, and of their best estimate for the length of trial. The Court would then set an appropriate trial schedule. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/6/2018) (anc)
OPINION & ORDER re: 86 MOTION for Summary Judgment filed by Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of, Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, 103 MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion filed by K.A.N. Elevator Inc., North American Elevator Inc. For the foregoing reasons, the Court denies the parties' cross-motions for summary judgment. The Clerk of Court is respectfully directed to close the motions pending at Dkts. 86 and 103. An order will issue shortly as to next steps in this matter. (Signed by Judge Paul A. Engelmayer on 6/5/2018) (mro)
REPLY MEMORANDUM OF LAW in Support re: 103 MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Harras, John)
DECLARATION of Todd Dickerson (SUPPLEMENTAL) in Support re: 86 MOTION for Summary Judgment .. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Exhibit 97, # 2 Exhibit 98, # 3 Exhibit 99, # 4 Exhibit 100, # 5 Exhibit 101, # 6 Exhibit 102)(Dickerson, Todd)
DECLARATION of Daniel A. Winters (SUPPLEMENTAL) in Support re: 86 MOTION for Summary Judgment .. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
RESPONSE in Opposition to Motion re: 103 MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion. - PLAINTIFFS' Rule 56.1 COUNTER STATEMENT. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
MEMORANDUM OF LAW in Opposition re: 103 MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion. and in Further Support re: 86 Plaintiffs' Motion for Summary Judgment. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
ORDER granting 108 Motion to Seal Document. The Court has reviewed the unredacted documents and hereby grants plaintiffs leave to file the attached exhibits on the docket in redacted form. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/29/2018) (anc)
LETTER MOTION to Seal Document - Letter Motion to Seal certain exhibits to Plaintiffs' Opposition addressed to Judge Paul A. Engelmayer from Todd Dickerson dated January 26, 2018. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Proposed Redacted Exhibit 1, # 2 Proposed Redacted Exhibit 2, # 3 Proposed Redacted Exhibit 3)(Dickerson, Todd)
CONSENT LETTER addressed to Magistrate Judge Sarah Netburn from Todd Dickerson dated January 24, 2018 re: Settlement Conference. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
ORDER. On February 8, 2017, the Honorable Paul A. Engelmayer assigned this matter to my docket for settlement. The parties agreed that a settlement conference would not occur until they finished the audit. The deadline to complete the audit was extended several times, but is now complete. As soon as practicable, the parties are directed to contact Courtroom Deputy Joseph Mendieta with both parties on the line, at (212) 805-0286, to schedule a settlement conference if they believe it would be productive. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 1/22/2018) (rjm)
DECLARATION of John M. Harras in Support re: 103 MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion.. Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Ex 90-1 - KAN Time Sheets, # 2 Ex 90-2 - KAN Time Sheets, # 3 Ex 90-3 - KAN Time Sheets, # 4 Ex 90-4 - KAN Time Sheets, # 5 Ex 90-5 - KAN Time Sheets, # 6 Ex 90-6 - KAN Time Sheets, # 7 Ex 90-7 - KAN Time Sheets, # 8 Ex 90-8 - KAN Time Sheets, # 9 Ex 90-9 - KAN Time Sheets, # 10 Ex 90-10 - KAN Time Sheets, # 11 Ex 90-11 - KAN Time Sheets, # 12 Ex 90-12 - KAN Time Sheets, # 13 Ex 90-13 - KAN Time Sheets, # 14 Ex 90-14 - KAN Time Sheets, # 15 Ex 90-15 - KAN Time Sheets, # 16 Ex 90-16 - KAN Time Sheets, # 17 Ex 90-17 - KAN Time Sheets, # 18 Ex 90-18 - KAN Time Sheets, # 19 Ex 90-19 - KAN Time Sheets, # 20 Ex 90-20 - KAN Time Sheets, # 21 Ex 90-21 - KAN Time Sheets, # 22 Ex 90-22 - KAN Time Sheets, # 23 Ex 90-23 - KAN Time Sheets, # 24 Ex 90-24 - KAN Time Sheets, # 25 Ex 90-25 - KAN Time Sheets, # 26 Ex 90-26 - KAN Time Sheets, # 27 Ex 90-27 - KAN Time Sheets, # 28 Ex 90-28 - KAN Time Sheets, # 29 Ex 90-29 - KAN Time Sheets, # 30 Ex 90-30 - KAN Time Sheets, # 31 Ex 90-31 - KAN Time Sheets, # 32 Ex 90-32 - KAN Time Sheets, # 33 Ex 90-33 - KAN Time Sheets, # 34 Ex 90-34 - KAN Time Sheets, # 35 Ex 90-35 - KAN Time Sheets, # 36 Ex 90-36 - KAN Time Sheets, # 37 Ex 90-37 - KAN Time Sheets, # 38 Ex 90-38 - KAN Time Sheets, # 39 Ex 90-39 - KAN Time Sheets, # 40 Ex 93-1 - NAE Time Sheets, # 41 Ex 93-2 - NAE Time Sheets, # 42 Ex 93-3 - NAE Time Sheets, # 43 Ex 93-4 - NAE Time Sheets, # 44 Ex 93-5 - NAE Time Sheets, # 45 Ex 93-6 - NAE Time Sheets, # 46 Ex 93-7 - NAE Time Sheets, # 47 Ex 93-8 - NAE Time Sheets, # 48 Ex 93-9 - NAE Time Sheets, # 49 Ex 93-10 - NAE Time Sheets, # 50 Ex 93-11 - NAE Time Sheets, # 51 Ex 93-12 - NAE Time Sheets, # 52 Ex 93-13 - NAE Time Sheets, # 53 Ex 93-14 - NAE Time Sheets, # 54 Ex 93-15 - NAE Time Sheets, # 55 Ex 93-16 - NAE Time Sheets, # 56 Ex 93-17 - NAE Time Sheets, # 57 Ex 93-18 - NAE Time Sheets, # 58 Ex 93-19 - NAE Time Sheets, # 59 Ex 93-20 - NAE Time Sheets, # 60 Ex 93-21 - NAE Time Sheets, # 61 Ex 93-22 - NAE Time Sheets, # 62 Ex 93-23 - NAE Time Sheets, # 63 Ex 93-24 - NAE Time Sheets, # 64 Ex 93-25 - NAE Time Sheets, # 65 Ex 93-26 - NAE Time Sheets, # 66 Ex 93-27 - NAE Time Sheets, # 67 Ex 93-28 - NAE Time Sheets, # 68 Ex 93-29 - NAE Time Sheets, # 69 Ex 93-30 - NAE Time Sheets, # 70 Ex 93-31 - NAE Time Sheets, # 71 Ex 93-32 - NAE Time Sheets, # 72 Ex 93-33 - NAE Time Sheets, # 73 Ex 93-34 - NAE Time Sheets, # 74 Ex 93-35 - NAE Time Sheets, # 75 Ex 93-36 - NAE Time Sheets, # 76 Ex 93-37 - NAE Time Sheets, # 77 Ex 93-38 - NAE Time Sheets, # 78 Ex 93-39 - NAE Time Sheets, # 79 Ex 93-40 - NAE Time Sheets, # 80 Ex 93-41 - NAE Time Sheets, # 81 Ex 93-42 - NAE Time Sheets, # 82 Ex 93-43 - NAE Time Sheets, # 83 Ex 93-44 - NAE Time Sheets, # 84 Ex 93-45 - NAE Time Sheets, # 85 Ex 93-46 - NAE Time Sheets, # 86 Ex 93-47 - NAE Time Sheets, # 87 Ex 93-48 - NAE Time Sheets, # 88 Ex 93-49 - NAE Time Sheets, # 89 Ex 93-50 - NAE Time Sheets, # 90 Ex 93-51 - NAE Time Sheets, # 91 Ex 93-52 - NAE Time Sheets, # 92 Ex 93-53 - NAE Time Sheets, # 93 Ex 93-54 - NAE Time Sheets, # 94 Ex 93-55 - NAE Time Sheets, # 95 Ex 93-56 - NAE Time Sheets, # 96 Ex 93-57 - NAE Time Sheets, # 97 Ex 93-58 - NAE Time Sheets, # 98 Ex 93-59 - NAE Time Sheets, # 99 Ex 93-60 - NAE Time Sheets, # 100 Ex 93-61 - NAE Time Sheets, # 101 Ex 93-62 - NAE Time Sheets, # 102 Ex 93-63 - NAE Time Sheets, # 103 Ex 93-64 - NAE Time Sheets, # 104 Ex 93-65 - NAE Time Sheets, # 105 Ex 93-66 - NAE Time Sheets, # 106 Ex 93-67 - NAE Time Sheets, # 107 Ex 93-68 - NAE Time Sheets, # 108 Ex 93-69 - NAE Time Sheets, # 109 Ex 93-70 - NAE Time Sheets, # 110 Ex 93-71 - NAE Time Sheets, # 111 Ex 93-72 - NAE Time Sheets, # 112 Ex 93-73 - NAE Time Sheets, # 113 Ex 93-74 - NAE Time Sheets, # 114 Ex 93-75 - NAE Time Sheets, # 115 Ex 93-76 - NAE Time Sheets, # 116 Ex 93-77 - NAE Time Sheets, # 117 Ex 93-78 - NAE Time Sheets, # 118 Ex 93-79 - NAE Time Sheets, # 119 Ex 93-80 - NAE Time Sheets, # 120 Ex 93-81 - NAE Time Sheets, # 121 Ex 93-82 - NAE Time Sheets, # 122 Ex 93-83 - NAE Time Sheets, # 123 Ex 93-84 - NAE Time Sheets, # 124 Ex 93-85 - NAE Time Sheets, # 125 Ex 93-86 - NAE Time Sheets, # 126 Ex 93-87 - NAE Time Sheets, # 127 Ex 93-88 - NAE Time Sheets, # 128 Ex 93-89 - NAE Time Sheets, # 129 Ex 93-90 - NAE Time Sheets, # 130 Ex 93-91 - NAE Time Sheets, # 131 Ex 93-92 - NAE Time Sheets, # 132 Ex 93-93 - NAE Time Sheets, # 133 Ex 93-94 - NAE Time Sheets, # 134 Ex 93-95 - NAE Time Sheets, # 135 Ex 93-96 - NAE Time Sheets, # 136 Ex 93-97 - NAE Time Sheets, # 137 Ex 93-98 - NAE Time Sheets, # 138 Ex 93-99 - NAE Time Sheets, # 139 Ex 93-100 - NAE Time Sheets, # 140 Ex 93-101 - NAE Time Sheets, # 141 Ex 93-102 - NAE Time Sheets, # 142 Ex 93-103 - NAE Time Sheets, # 143 Ex 93-104 - NAE Time Sheets, # 144 Ex 93-105 - NAE Time Sheets, # 145 Ex 93-106 - NAE Time Sheets, # 146 Ex 93-107 - NAE Time Sheets, # 147 Ex 93-108 - NAE Time Sheets, # 148 Ex 93-109 - NAE Time Sheets, # 149 Ex 93-110 - NAE Time Sheets, # 150 Ex 93-111 - NAE Time Sheets, # 151 Ex 93-112 - NAE Time Sheets, # 152 Ex 93-113 - NAE Time Sheets, # 153 Ex 93-114 - NAE Time Sheets, # 154 Ex 93-115 - NAE Time Sheets, # 155 Ex 93-116 - NAE Time Sheets, # 156 Ex 93-117 - NAE Time Sheets, # 157 Ex 95-1 - NAE W2s, # 158 Ex 95-2 - NAE W2s, # 159 Ex 95-3 - NAE W2s, # 160 Ex 95-4 - NAE W2s, # 161 Ex 95-5 - NAE W2s, # 162 Ex 95-6 - NAE W2s, # 163 EX 93-118 NAE Time Sheets)(Harras, John)
DECLARATION of John M. Harras in Support re: 103 MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion.. Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Exhibit Ex 89 - KAN articles of incorporation, # 2 Exhibit Ex 91 - KAN W2s, # 3 Exhibit Ex 92 - NAE Articles of Incorporation, # 4 Exhibit Ex 94 - Summary of KAN and NAE jobs identified in KAN and NAE time sheets, # 5 Exhibit Ex 96 - KAN 1099)(Harras, John)
MOTION for Summary Judgment and Opposition to Plaintiffs Summary Judgment Motion. Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. Responses due by 2/2/2018 Return Date set for 2/16/2018 at 11:59 PM. (Attachments: # 1 Ds Memorandum of Law, # 2 Ds Rule 56.1 SOF)(Harras, John)
ORDER granting 100 Letter Motion for Extension of Time to File Response/Reply. Granted. Defendants' deadline is hereby extended to January 5, 2018, and the remaining deadlines, see Dkt. 99, are accordingly extended by one week. The Court has now extended these deadlines four times. The Court has set deadlines as requested by the parties, which counsel have nevertheless been unable to meet, resulting in this unilateral, eleventh-hour extension request. The Court will not entertain another request from defendants for an extension. Counsel are admonished to manage their time accordingly. (Signed by Judge Paul G. Gardephe on 12/29/2017) (mro)
LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Todd Dickerson dated December 29, 2017 re: 100 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from John M. Harras dated December 28, 2017. . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from John M. Harras dated December 28, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
ORDER: granting 98 Letter Motion for Extension of Time. Granted. The briefing deadlines are hereby set in accordance with the dates set forth above. The parties should not expect to receive any further extensions. Motions due by 12/29/2017. Response due by 1/26/2018. Reply due by 2/9/2018. (Signed by Judge Paul A. Engelmayer on 12/13/2017) (ap)
LETTER MOTION for Extension of Time of Summary Judgment Deadlines addressed to Judge Paul A. Engelmayer from John M. Harras, Esq. dated December 12, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
ORDER granting 96 Letter Motion for Extension of Time to File Response/Reply. Granted. The briefing deadlines are hereby set in accordance with the dates set forth above, with the exception that plaintiffs' reply and opposition shall be due January 19, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/29/2017) (anc)
LETTER MOTION for Extension of Time to File Response/Reply upon Consent of All Parties addressed to Judge Paul A. Engelmayer from John M. Harras dated November 29, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
MEMO ENDORSEMENT on re: 93 Letter,, filed by Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of, Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund. ENDORSEMENT: Approved. (Signed by Judge Paul A. Engelmayer on 11/21/2017) (cf)
LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson dated November 21, 2017 re: 56.1 Statement. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
RULE 56.1 STATEMENT. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
ORDER granting 85 Motion to Seal Document. The Court has reviewed the unredacted documents and hereby grants plaintiffs leave to file the attached exhibits on the docket in redacted form. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/16/2017) (anc)
DECLARATION of Daniel A. Winters in Support re: 86 MOTION for Summary Judgment .. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Exhibit 36, # 2 Exhibit 37, # 3 Exhibit 38, # 4 Exhibit 39, # 5 Exhibit 40, # 6 Exhibit 41, # 7 Exhibit 42, # 8 Exhibit 43, # 9 Exhibit 44)(Dickerson, Todd)
DECLARATION of Leonard Legotte in Support re: 86 MOTION for Summary Judgment .. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
MEMORANDUM OF LAW in Support re: 86 MOTION for Summary Judgment . . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Dickerson, Todd)
MOTION for Summary Judgment . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
LETTER MOTION to Seal Document - file redacted Exhibits to Plaintiffs' Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Todd Dickerson dated November 15, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Exhibit 1 - Proposed redactions (Bank statements), # 2 Exhibit 2 - Proposed redactions (Cash disbursement journal), # 3 Exhibit 3 - Proposed redactions (Disability claim form))(Dickerson, Todd)
ORDER: granting 83 Letter Motion for Extension of Time to File Motion, Response, Reply. Granted. The briefing deadlines are hereby set in accordance with the dates set forth above. Motion due by 12/13/2017. Response due by 12/27/2017. Reply due by 1/17/2018. (Signed by Judge Paul A. Engelmayer on 11/3/2017) (ap)
CONSENT LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Todd Dickerson dated November 3, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Case Management Conference held on 10/5/2017. Todd Dickerson present for Plaintiff. John Martin Harras & Joseph Martin Labuda present for Defendants. Court reporter present. (ajs)
Filed: 10/5/2017, Entered: 10/5/2017
Set/Reset Deadlines: Motions due by 12/6/2017. Responses due by 12/20/2017. Replies due by 1/10/2018. (anc)
ORDER terminating 77 Letter Motion for Conference ; terminating 78 Letter Motion for Conference. The Court set the following schedule for the parties' motions for summary judgment: By October 20, 2017, the parties are to file a Joint Stipulation of Facts. By November 10, 2017, plaintiffs are to file their motion for summary judgment. By December 6, 2017, defendants are to file their combined motion for summary judgment and opposition to plaintiffs' motion. By December 20, 2017, plaintiffs are to file their reply and opposition to defendants' motion. By January 10, 2018, defendants are to file their reply. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/5/2017) (anc)
ORDER. Due to a conflict with the Court's schedule, the Court reschedules the Tuesday, October 3, 2017, conference to Thursday, October 5, 2017, at 9 a.m. The Court regrets any inconvenience. SO ORDERED. (Case Management Conference set for 10/5/2017 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/27/2017) (rjm)
LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson dated September 22, 2017 re: Defendants' September 14, 2017 request concerning their anticipated Motion for Summary Judgment. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
LETTER MOTION for Conference on Plaintiffs' Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Todd Dickerson dated September 14, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of.(Dickerson, Todd)
LETTER MOTION for Conference on Defendants' Summary Judgment Motion addressed to Judge Paul A. Engelmayer from John M. Harras dated September 14, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
ORDER: denying 74 Letter Motion to Reopen. The request for reconsideration is denied for substantially the same reasons as set forth in the Court's order of September 6, 2017. The Court previously notified counsel that there would not be a fourth extension of the fact discovery deadline. (Signed by Judge Paul A. Engelmayer on 9/7/2017) (ap)
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from John M. Harras dated September 7, 2017 re: 74 LETTER MOTION to Reopen re: 73 Order on Motion to Compel, Order on Motion for Extension of Time to Complete Discovery,,,,,,,, Letter Motion to Reconsider 73 addressed to Judge Paul A. Engelmayer from Todd Dickerson dated September 6 . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Harras, John)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Reopen re: 73 Order on Motion to Compel, Order on Motion for Extension of Time to Complete Discovery,,,,,,,, Letter Motion to Reconsider 73 addressed to Judge Paul A. Engelmayer from Todd Dickerson dated September 6, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Dickerson, Todd) Modified on 11/15/2017 (ldi).
ORDER denying 69 Letter Motion to Compel; denying 70 Letter Motion for Extension of Time to Complete Discovery. The request for a fourth extension to the fact discovery deadline, Dkt. 70, is denied. Plaintiff's motion to compel, Dkt. 69, is also denied. The Court previously notified counsel that there would be no future extensions of the fact discovery deadline. See Dkt. 66. To the extent that there are outstanding disputes regarding production of emails and documents, raising these disputes two days prior to the close of fact discovery was not reasonable. Fact discovery therefore closed as of September 1, 2017. The next conference in this case remains October 3, 2017, at 3 p.m. The parties are directed to consult the Court's Individual rules regarding pre-motion letters to be submitted prior to that conference. The Clerk of Court is respectfully directed to close the motions pending at Dkts. 69 and 70. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/5/17) (yv)
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from John M. Harras dated September 1, 2017 re: 70 LETTER MOTION for Extension of Time to Complete Discovery with respect to certain relevant documents; connected to Dkt 69 addressed to Judge Paul A. Engelmayer from Todd Dickerson dated August 30, 2017. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Exhibit Order 7.25.17, # 2 Exhibit KAN Bids/Contracts, # 3 Exhibit Related Subpoena Response, # 4 Exhibit Company Key Personnel Dep Exhibit)(Harras, John)
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from John M. Harras dated August 31, 2017 re: 69 LETTER MOTION to Compel K.A.N. Elevator, Inc. and North American Elevator, Inc. to Produce Documents addressed to Judge Paul A. Engelmayer from Todd Dickerson dated August 28, 2017. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Harras, John)
LETTER MOTION for Extension of Time to Complete Discovery with respect to certain relevant documents; connected to Dkt 69 addressed to Judge Paul A. Engelmayer from Todd Dickerson dated August 30, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Appendix G, # 2 Appendix H)(Dickerson, Todd)
LETTER MOTION to Compel K.A.N. Elevator, Inc. and North American Elevator, Inc. to Produce Documents addressed to Judge Paul A. Engelmayer from Todd Dickerson dated August 28, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F)(Dickerson, Todd)
SECOND AMENDED COMPLAINT amending 57 Amended Complaint,, against K.A.N. Elevator Inc., North American Elevator Inc..Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the National Elevator Industry Health Benefit Plan, Trustees of the National Elevator Industry Pension Plan, Trustees of the National Elevator Industry Educational Program, and Trustees of the National Elevator Industry Work Preservation Fund. Related document: 57 Amended Complaint,,.(Dickerson, Todd)
ORDER granting 61 Motion for Leave to File Document. The Court grants Plaintiffs' motion, Dkt. 61 to file the Second Amended Complaint, Dkt. 62-1. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/28/2017) (anc) Modified on 8/14/2017 (anc).
Set/Reset Deadlines: Fact Discovery due by 9/1/2017. Set/Reset Hearings: Case Management Conference set for 10/3/2017 at 03:00 PM before Judge Paul A. Engelmayer. (anc)
ORDER granting 65 Letter Motion for Extension of Time to Complete Discovery. The Court extends the fact discovery deadline to September 1, 2017. There will be no more extensions of this deadline. The Court reschedules the September 6, 2017, conference to October 3, 2017, at 3 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/25/2017) (anc)
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Todd Dickerson dated July 24, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
MEMORANDUM OF LAW in Support re: 61 MOTION for Leave to File Second Amended Complaint . . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
DECLARATION of Daniel A. Winters in Support re: 61 MOTION for Leave to File Second Amended Complaint .. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
DECLARATION of Todd Dickerson in Support re: 61 MOTION for Leave to File Second Amended Complaint .. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Attachments: # 1 Exhibit A)(Dickerson, Todd)
MOTION for Leave to File Second Amended Complaint . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
ORDER granting 58 Letter Motion for Extension of Time. Granted. The Court extends the deadline to complete the audit to August 8, 2017. The parties should not expect future extensions. (Signed by Judge Paul A. Engelmayer on 7/11/2017) (mro)
NOTICE OF APPEARANCE by Charles R. Virginia on behalf of Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Virginia, Charles)
CONSENT LETTER MOTION for Extension of Time to Complete Audit addressed to Judge Paul A. Engelmayer from Todd Dickerson, on consent of Defendants' counsel, dated July 10, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
Set/Reset Hearings: Case Management Conference set for 9/6/2017 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (anc)
AMENDED COMPLAINT amending 1 Complaint, against K.A.N. Elevator Inc., North American Elevator Inc..Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. Related document: 1 Complaint, filed by Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund.(Dickerson, Todd)
ORDER: As discussed on the record at the conference held May 23, 2017, plaintiffs have until May 26,2017, to amend the complaint to include a single employer theory. The Court extends the deadline to complete the audit until July 10, 2017. The Court extends the fact discovery deadline until August 8, 2017. All document discovery will be due June 2, 2017. The next conference will be September 6, 2017, at 2:30 p.m. So Ordered.( Amended Pleadings due by 5/26/2017. Discovery due by 6/2/2017. Fact Discovery due by 8/8/2017. Status Conference set for 9/6/2017 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/23/2017) (js)
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 5/23/2017. Todd Dickerson present for Plaintiff. John Harras & James Yoh present for Defendants. Auditor Daniel Winters present. Court reporter present. (ajs)
Filed: 5/4/2017, Entered: 5/5/2017
Set/Reset Deadlines: ( Fact Discovery due by 8/8/2017.), Set/Reset Hearings:( Status Conference set for 5/23/2017 at 04:00 PM before Judge Paul A. Engelmayer.) (mro)
ORDER granting 54 Letter Motion for Extension of Time to Complete Discovery. The Court schedules a status conference for Tuesday, May 23, 2017, at 4 p.m. Counsel for both parties, and the auditor, are to attend in person. (Signed by Judge Paul A. Engelmayer on 5/4/2017) (mro)
LETTER MOTION for Extension of Time to Complete Discovery and Bifurcate Discovery addressed to Judge Paul A. Engelmayer from John M. Harras dated May 4, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
ORDER: terminating 47 Letter Motion for Discovery: In light of this ruling, the Court extends the deadline for the completion of the audit to Friday, May 12, 2017. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 47. (Signed by Judge Paul A. Engelmayer on 4/25/2017) (ap)
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from John M. Harras dated April 18, 2017 re: 47 LETTER MOTION for Discovery Intervention addressed to Judge Paul A. Engelmayer from Todd Dickerson dated April 12, 2017. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Exhibit EX A - KAN audit report, # 2 Exhibit EX-B North American audit report)(Harras, John)
ORDER granting 50 Letter Motion for Extension of Time to File Response/Reply re 47 LETTER MOTION for Discovery Intervention addressed to Judge Paul A. Engelmayer from Todd Dickerson dated April 12, 2017. Granted. SO ORDERED. (Responses due by 4/18/2017.) (Signed by Judge Paul A. Engelmayer on 4/14/2017) (anc)
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from John M. Harras dated April 13, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
LETTER MOTION for Discovery Intervention addressed to Judge Paul A. Engelmayer from Todd Dickerson dated April 12, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Attachments: # 1 Appendix A, # 2 Appendix B)(Dickerson, Todd)
MEMO ENDORSEMENT on re: 45 Letter, filed by Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund, Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund. ENDORSEMENT: Granted. The Court extends the intermediate discovery deadlines as set forth above. The parties should not assume that the Court will grant any request extension of the deadline for fact discovery. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/16/2017) (anc)
CONSENT LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson dated March 16, 2017 re: modified audit deadlines. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
MEMO ENDORSEMENT on 43 LETTER withdrawing 39 Letter Motion for Discovery. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 39. The Court appreciates the parties' ongoing efforts to work together to complete the audit promptly. (Signed by Judge Paul A. Engelmayer on 3/13/2017) (jwh)
LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson dated March 9, 2017 re: Information requested by the Court on March 3, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Attachments: # 1 Appendix A - Auditors' Letter)(Dickerson, Todd)
ORDER with respect to 39 Letter Motion for Discovery and 40 Letter Response. The Court has received the parties' letters, Dkt. Nos. 39-40, regarding the complications that have arisen that have thus far prevented the auditors from receiving the materials needed to complete their audit of defendants' contributions to the annuity fund. The Court regrets that the audit remains incomplete. The Court's view was-and remains-that before any other discovery takes place, the audit must be completed. Upon completion of the audit, the Court expects that the parties will be in an opportune position to resolve this case, or, alternatively, to streamline the process by which it is litigated. For the time being, the Court will defer ruling on plaintiffs motion for sanctions. The Court's paramount goal is to get the audit completed. To this end, the Court directs that plaintiff obtain from the auditors-and file with the Court, by Friday, March 10, 2017-a letter itemizing clearly all items that the auditors need to complete the audit. And as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/3/2017) (anc)
CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Motions terminated: 38 LETTER MOTION for Discovery re Confidentiality Agreement for the Exchange of Documents and Information addressed to Judge Paul A. Engelmayer from John M. Harras dated February 22, 2017 filed by K.A.N. Elevator Inc., North American Elevator Inc. (Signed by Judge Paul A. Engelmayer on 3/2/2017) (anc)
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from John M. Harras dated February 28, 2017 re: 39 LETTER MOTION for Discovery - Letter re failure to comply and request for order to compel, compensation for efforts addressed to Judge Paul A. Engelmayer from Todd Dickerson dated February 28, 2017. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Exhibit 2/10/17 email, # 2 Exhibit 2/22/17 email, # 3 Exhibit Pictures of Documents, # 4 Exhibit 2/23/17 emails, # 5 Exhibit 2/28/17 email 9:39 am, # 6 Exhibit 2/28/17 email 10:25 am)(Harras, John)
LETTER MOTION for Discovery - Letter re failure to comply and request for order to compel, compensation for efforts addressed to Judge Paul A. Engelmayer from Todd Dickerson dated February 28, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dickerson, Todd)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery re Confidentiality Agreement for the Exchange of Documents and Information addressed to Judge Paul A. Engelmayer from John M. Harras dated February 22, 2017. Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Text of Proposed Order Confidentiality Agreement)(Harras, John) Modified on 3/15/2017 (ldi).
MEMO ENDORSEMENT on re: 34 Letter, filed by K.A.N. Elevator Inc., North American Elevator Inc. ENDORSEMENT: The Court directs defendants to produce all requested documents to the auditor by February 24, 2017. The audit is to be complete by March 17, 2017. Following the completion of the audit, the parties are free to ask for an extension of the fact discovery deadline and the Court will then determine whether any extension is warranted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/14/2017) (anc)
ORDER: On February 8, 2017, the Honorable Paul A. Engelmayer assigned this matter to my docket for settlement. In light of the parties' agreement that a settlement conference will not occur until an audit has been completed and that the audit is to commence by February 14, 2017, the parties are directed to contact Courtroom Deputy Joseph Mendieta with both parties on the line, at (212) 805-0286, to schedule a settlement conference for a time when they believe it would be productive. In light of the Court's calendar, the parties should be prepared to propose dates 4-6 weeks from when they call. (Signed by Magistrate Judge Sarah Netburn on 2/14/2017) (mro)
LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson dated February 14, 2017 re: Audit and Discovery; Dkt. 34 . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
LETTER addressed to Judge Paul A. Engelmayer from John M. Harras dated February 13, 2017 re: Setting Parameters for Audit. Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Attachments: # 1 Exhibit Auditor Document/Information Request)(Harras, John)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. Plaintiff's counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. The parties agree that a settlement conference will not occur until an audit has been completed. (Signed by Judge Paul A. Engelmayer on 2/7/2017) (mro)
ORDER denying 17 Motion to Dismiss. As discussed at the initial conference held today, February 7, 2017, the Court denies defendants' motion to dismiss. Dkt 17. The Court finds that plaintiffs' Complaint pleads facts sufficient to support their claims that (1) K.A.N. Elevator Inc. failed to remit contributions to plaintiffs as required by a collective bargaining agreement, and (2) defendants are alter egos. As to the former, the Complaint identifies specific projects and alleges that no required contributions were made to plaintiffs in connection with those projects. No greater specificity is needed, e.g., regarding the amount of contributions owed, and demanding such specificity would be unrealistic given counsel's joint representation that an audit has not as of yet been conducted, such as would reveal the amount, if any, of any shortfall. As to the latter, the alter ego inquiry is fact-intensive, and the Complaint pleads sufficient facts to make such a claim plausible. Accordingly, the Court directs that by Friday, February 10, 2017, the parties are to jointly agree on parameters for an audit. By Tuesday, February 14, 2017, plaintiff's counsel is to have caused the audit to commence. Counsel agreed at today's conference that this timetable is realistic. The Court has approved the case management plan and scheduling order submitted by the parties in advance of the initial conference. The parties are authorized, by agreement, to defer intermediate discovery dates, including to allow the forthcoming audit to be complete before fact discovery commences. The parties are not authorized to defer the June 7, 2017, deadline for the close of fact discovery. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 17. (Signed by Judge Paul A. Engelmayer on 2/7/2017) (mro)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge. This case is to be tried to a jury. Deposition due by 6/7/2017. Fact Discovery due by 6/7/2017. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Case Management Conference set for 7/10/2017 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/7/2017) (cla)
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 2/7/2017. Todd Dickerson present for Plaintiff. John Harras present for Defendant. (ajs)
JOINT LETTER addressed to Judge Paul A. Engelmayer from Todd Dickerson, on consent, dated February 1, 2017 re: Pre-conference Information. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Attachments: # 1 Appendix A - Proposed Case Management Plan)(Dickerson, Todd)
ORDER granting 28 Letter Motion to Adjourn Conference. Granted. The Court reschedules the February 2, 2017 conference to February 7, 2017 at 3:00 p.m. (Initial Conference set for 2/7/2017 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/24/2017) (anc)
NOTICE of Hearing: Initial Conference set for 2/2/2017 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference originally scheduled for 9:30 AM on 2/2/2017 is hereby rescheduled to 10:00 AM on 2/2/2017. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
LETTER MOTION to Adjourn Conference in light of direct conflict addressed to Judge Paul A. Engelmayer from Todd Dickerson, on consent, dated January 24, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
ORDER denying 25 Letter Motion to Adjourn Conference. The Court denies the request, concluding that an initial conference would be productive. The initial conference will take place on February 2, 2017, at 9:30 a.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/23/2017) (anc)
REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Complaint. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Harras, John)
NOTICE of Hearing: Initial Conference set for 2/2/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 1/27/2017 at 4:30 PM is hereby rescheduled for 2/2/2017 at 9:30 AM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Todd Dickerson, on consent, dated January 17, 2017. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss the Complaint. . Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
AFFIDAVIT OF SERVICE of the Court's Order, Docket entry 20 served on K.A.N. Elevator Inc. and North American Elevator Inc. on December 19, 2016 and January 9, 2017. Service was made by ECF and First Class Mail. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
ORDER granting 21 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss the Complaint. addressed to Judge Paul A. Engelmayer from Todd Dickerson dated December 28, 2016. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. Granted. The Court extends plaintiffs' deadline to serve opposition papers to January 13, 2017, and defendants' deadline to serve reply papers to January 20, 2017. So ordered. (Signed by Judge Paul A. Engelmayer on 12/29/2016) (rjm)
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss the Complaint. addressed to Judge Paul A. Engelmayer from Todd Dickerson dated December 28, 2016. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/27/2017 at 04:30 PM in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 12/19/2016) (mro)
ORDER: It is hereby ORDERED that plaintiff shall file any amended complaint by January 5, 2017. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by January 5, 2017, defendant shall: (1) file an answer, (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint if filed, plaintiff shall serve any opposition to the motion to dismiss by January 5, 2017. Defendants' reply, if any, shall be served by January 12, 2017. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. K.A.N. Elevator Inc. answer due 1/5/2017; North American Elevator Inc. answer due 1/5/2017.( Amended Pleadings due by 1/5/2017., Motions due by 1/5/2017.) (Signed by Judge Paul A. Engelmayer on 12/19/2016) (mro)
MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Complaint. . Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. (Harras, John)
MOTION to Dismiss the Complaint. Document filed by K.A.N. Elevator Inc., North American Elevator Inc.. Responses due by 12/29/2016 Return Date set for 1/5/2017 at 11:59 PM.(Harras, John)
ORDER granting 14 Letter Motion for Extension of Time to Answer: The Court extends the deadline to answer or move with respect to the complaint until December 15, 2016. Defendants should not expect further extensions. K.A.N. Elevator Inc. answer due 12/15/2016; North American Elevator Inc. answer due 12/15/2016. (Signed by Judge Paul A. Engelmayer on 11/16/2016) (tn)
SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from John M. Harras dated November 15, 2016. Document filed by K.A.N. Elevator Inc., North American Elevator Inc..(Harras, John)
ORDER granting 12 Letter Motion for Extension of Time to Answer. The Court grants the extension. The deadline to answer or move with respect to the Complaint is now November 17, 2016. K.A.N. Elevator Inc. answer due 11/17/2016. (Signed by Judge Paul A. Engelmayer on 10/26/2016) (kgo)
LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from John M. Harras dated October 26, 2016. Document filed by K.A.N. Elevator Inc..(Harras, John)
ORDER granting 9 Letter Motion for Extension of Time to Answer. The Court grants the extension. The deadline to answer or move with respect to the Complaint is now November 17, 2016. SO ORDERED. North American Elevator Inc. answer due 11/17/2016. (Signed by Judge Paul A. Engelmayer on 10/16/2016) (kl)
FIRST LETTER MOTION for Extension of Time to File Answer for North American Elevator Inc. addressed to Judge Paul A. Engelmayer from John M. Harras dated October 14, 2016. Document filed by North American Elevator Inc..(Harras, John)
SUMMONS RETURNED EXECUTED Summons and Complaint, served. North American Elevator Inc. served on 9/27/2016, answer due 10/18/2016. Service was accepted by Amy Lesch, as an Authorized Person in the Corporate Division of the Department of State. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund; Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
SUMMONS RETURNED EXECUTED Summons and Complaint, served. K.A.N. Elevator Inc. served on 9/27/2016, answer due 10/18/2016. Service was accepted by Amy Lesch, as an Authorized Person in the Corporate Division of the Department of State. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund; Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
Magistrate Judge Sarah Netburn is so designated. (rch)
Filed: 9/23/2016, Entered: 9/23/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Todd Dickerson. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (rch)
REQUEST FOR ISSUANCE OF SUMMONS as to K.A.N. Elevator Inc. and North American Elevator Inc., re: 1 Complaint,. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund. (Dickerson, Todd)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
COMPLAINT against K.A.N. Elevator Inc., North American Elevator Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12790311)Document filed by Trustees of the Elevator Constructors Union Local No. 1 Annuity and 401(k) Fund, Trustees of the Elevator Constructors Union Local No. 1 Education and Apprentice Training Fund.(Dickerson, Todd)
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