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Federal Civil Lawsuit New York Eastern District Court, Case No. 1:13-cv-05198
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Last Updated January 23, 2019 at 4:46 AM EST (7.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Trustees of the Local 813 Pension Trust Fund, Plaintiff

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Anthony Silverio Cacace +1 212 969 3000 +1 212 969 2900 acacace@proskauer.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Aaron J. Feuer +1 845 558 6910 +1 973 274 3299 afeuer@proskauer.com
v.
No Logo KND Construction Inc., Defendant

Represented by Pryor Cashman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Donald S. Zakarin +1 212 326 0108 +1 212 326 0806 DZakarin@pryorcashman.com
ATTORNEY TO BE NOTICED Joshua Zuckerberg +1 212 326 0885 +1 212 798 6379 jzuckerberg@pryorcashman.com
Attributes
Citation Section 29 U.S.C. § 1381
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 30 Filed: 8/13/2014, Entered: 8/13/2014 Unknown Document Type
STIPULATION of Settlement and Order by Trustees of the Local 813 Pension Trust Fund (Cacace, Anthony)
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Legal Document (Payment Possibly Required) 29 Filed: 6/12/2014, Entered: None Unknown Document Type
NOTICE of Appearance by Aaron J. Feuer on behalf of Trustees of the Local 813 Pension Trust Fund (aty to be noticed) (Feuer, Aaron) (Entered: 06/12/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 6/11/2014, Entered: None Unknown Document Type
MOTION to Withdraw 13 MOTION to Compel by Trustees of the Local 813 Pension Trust Fund. (Attachments: # 1 Exhibit A) (Cacace, Anthony) (Entered: 06/11/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 5/30/2014, Entered: None Unknown Document Type
Letter MOTION to Adjourn Conference requesting that the date to conduct the Arbitration in the action be rescheduled by Trustees of the Local 813 Pension Trust Fund. (Cacace, Anthony) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 5/2/2014, Entered: None Unknown Document Type
Letter Re: Defendant's Compliance with its Discovery Obligations by KND Construction Inc. (Zuckerberg, Joshua) (Entered: 05/02/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 4/25/2014, Entered: None Unknown Document TypeCourt Filing
ORDER: The motion by the plaintiffs' counsel for leave to withdraw 15 is denied, without prejudice to renewal upon completion of certain discovery obligations as set forth below. 1. The defendant may, but is not required to, file substantive opposition to the plaintiffs' motion to compel discovery 13 by May 2, 2014; 2. To the extent the motion is granted, the defendant will be required to provide the discovery ordered by the court by a date certain, after which the motion to withdraw may be renewed. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/25/2014. (Newton, Joan) (Entered: 04/25/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 4/25/2014, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for Motion Hearing held on 4/25/14 before Magistrate Judge Viktor V. Pohorelsky: Argument heard re motion by defendant's counsel for leave to withdraw; ruling reserved for reasons stated on the record. No further conferences are scheduled at present. (Newton, Joan) (Entered: 04/25/2014)
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Legal Document (Payment Possibly Required) 23 Filed: 4/11/2014, Entered: None Unknown Document Type
AFFIDAVIT/AFFIRMATION of Scheduling Order by KND Construction Inc. (Zuckerberg, Joshua) (Entered: 04/11/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 4/10/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 21 motion to adjourn the 4/11/14 hearing. The hearing on the motion to withdraw by counsel for the defendant KND Construction, Inc. is rescheduled for Friday, April 25, 2014 at 12:00 p.m. The movant is hereby directed to serve a copy of this order on the defendant by regular mail, and by certified mail return receipt requested, by April 15, 2014. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/10/2014. (Toritto, Jim) (Entered: 04/10/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 4/10/2014, Entered: None Unknown Document Type
Letter MOTION to Adjourn Conference by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 04/10/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 4/3/2014, Entered: None Unknown Document Type
AFFIDAVIT of Service for Notice of Motion to Withdraw, Declaration, Affidavit of Patrick Kenny, Memorandum of Law in Support of Motion served on Patrick Kenny on 4/2/14, filed by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 04/03/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 3/28/2014, Entered: None Unknown Document TypeCourt Filing
ORDER Setting Hearing on Motion 15 MOTION to Withdraw as Attorney : Motion Hearing set for 4/11/2014 11:00 AM in Courtroom 13A South. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/28/2014. (Toritto, Jim) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 3/27/2014, Entered: None Unknown Document Type
MEMORANDUM in Support re 15 MOTION to Withdraw as Attorney filed by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 3/27/2014, Entered: None Unknown Document Type
AFFIDAVIT/DECLARATION in Support re 15 MOTION to Withdraw as Attorney filed by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 3/27/2014, Entered: None Unknown Document Type
AFFIDAVIT/DECLARATION in Support re 15 MOTION to Withdraw as Attorney filed by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 3/27/2014, Entered: None Unknown Document Type
MOTION to Withdraw as Attorney by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 14 Filed: 3/25/2014, Entered: None Unknown Document Type
REPLY to Response to Motion re 13 MOTION to Compel filed by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 03/25/2014)
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Legal Document (Payment Possibly Required) 13 Filed: 3/18/2014, Entered: None Unknown Document Type
Letter by Trustees of the Local 813 Pension Trust Fund (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Cacace, Anthony) Modified on 3/19/2014 (Toritto, Jim). (Entered: 03/18/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 3/10/2014, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to Complete Discovery by Trustees of the Local 813 Pension Trust Fund. (Attachments: # 1 Proposed Order Stipulation and Proposed Order) (Cacace, Anthony) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 12/11/2013, Entered: None Unknown Document Type
NOTICE of Hearing: Arbitration Hearing set for 4/17/2014 10:00 AM ARBITRATION PROCEDURE/INSTRUCTIONS: for the selection of an Arbitrator sent to Counsel. By March 17, 2014 counsel are to select an Arbitrator to hear the case. The selection of an Arbitrator shall take place in advance of the Arbitration hearing scheduled for April 17, 2014. After an Arbitrator has been selected, send the attached Stipulation for Selection of an Arbitrator to : Case Processing Clerk: Rita Credle : by email at: rita_credle@nyed.uscourts.gov or fax to: 718-613-2399.The Stipulation shall confirm the name of the Arbitrator, the date, time and place of the Arbitration Hearing. Rules governing the Arbitration Program and the list of Arbitrators and their qualifications are on the Courts Website at: www.nyed.uscourts.gov/adr (Credle, Rita) (Entered: 12/11/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 11/22/2013, Entered: None Unknown Document Type
ANSWER to 1 Complaint by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 11/22/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 11/22/2013, Entered: None Unknown Document Type
Corporate Disclosure Statement by KND Construction Inc. (Zuckerberg, Joshua) (Entered: 11/22/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 11/20/2013, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to File Answer re 1 Complaint by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 10/29/2013, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to File Answer re 1 Complaint by KND Construction Inc.. (Zuckerberg, Joshua) (Entered: 10/29/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 10/29/2013, Entered: None Unknown Document Type
NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) which requires the Clerk of Court to designate and process for compulsory arbitration all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs. Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d)(3). (Credle, Rita) (Entered: 10/29/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 10/23/2013, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to File Answer re 1 Complaint by KND Construction Inc.. (Zakarin, Donald) (Entered: 10/23/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 10/4/2013, Entered: None Unknown Document Type
SUMMONS Returned Executed by Trustees of the Local 813 Pension Trust Fund. Trustees of the Local 813 Pension Trust Fund served on 9/20/2013, answer due 10/11/2013. (Cacace, Anthony) (Entered: 10/04/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 9/23/2013, Entered: None Unknown Document Type
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 09/23/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 9/18/2013, Entered: None Unknown Document Type
Summons Issued as to KND Construction Inc.. (Davis, Kimberly) (Entered: 09/23/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 9/18/2013, Entered: None Unknown Document Type
COMPLAINT against KND Construction Inc., filed by Trustees of the Local 813 Pension Trust Fund. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/23/2013)
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Legal Document (Payment Possibly Required)  Filed: 8/13/2014, Entered: None Unknown Document Type
ORDER re 30 Stipulation filed by Trustees of the Local 813 Pension Trust Fund: the parties' stipulation dismissing the case is SO ORDERED. The Clerk of Court is respectfully requested to close the case. Ordered by Judge Kiyo A. Matsumoto on 8/13/2014. (Keefe, Reed)
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Legal Document (Payment Possibly Required)  Filed: 6/12/2014, Entered: None Unknown Document Type
ORDER granting 28 Motion to Withdraw 13 Motion to Compel. The 6/13/14 hearing is canceled, and instead the Court will hold a Telephone Conference with parties at 10:0 a.m. Counsel for the plaintiffs shall initiate the conference call to chambers (718-613-2400). Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/12/2014. (Toritto, Jim)
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Legal Document (Payment Possibly Required)  Filed: 6/6/2014, Entered: None Unknown Document Type
ORDER Setting Hearing on 13 MOTION to Compel and 27 Letter MOTION : Motion Hearing set for 6/13/2014 10:00 AM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. By separate order the arbitration will be adjourned without date. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/6/2014. (Pohorelsky, Viktor)
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Legal Document (Payment Possibly Required)  Filed: 6/6/2014, Entered: None Unknown Document Type
ORDER granting in part and deferring ruling in part on 27 Motion: the schedule for selecting an arbitrator and for conducting the arbitration is suspended and the arbitration now scheduled for June 15 is adjourned sine die; rescheduling will be addressed at the hearing on June 13, 2014. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/6/2014. (Pohorelsky, Viktor)
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Legal Document (Payment Possibly Required)  Filed: 3/19/2014, Entered: None Unknown Document Type
SET DEADLINE: Any response to the plaintiffs' 13 motion to compel is due by 3/25/14. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/19/2014. (Toritto, Jim)
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Legal Document (Payment Possibly Required)  Filed: 3/11/2014, Entered: None Unknown Document Type
ORDER granting 12 motion for an extension of time until May 23, 1014 to complete discovery. The parties shall select an arbitrator by May 16, 2014 and the arbitration hearing is rescheduled for June 16, 2014. No further extensions of these deadlines will be granted. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/11/2014. (Toritto, Jim)
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Legal Document (Payment Possibly Required)  Filed: 11/25/2013, Entered: None Unknown Document Type
ORDER granting nunc pro tunc 8 Motion for Extension of Time to Answer. KND Construction Inc. answer due 11/22/2013. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/25/2013. (Newton, Joan)
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Legal Document (Payment Possibly Required)  Filed: 10/30/2013, Entered: None Unknown Document Type
ORDER granting 7 Motion for Extension of Time to Answer. KND Construction Inc. answer due 11/15/2013. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/30/2013. (Newton, Joan)
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Legal Document (Payment Possibly Required)  Filed: 10/23/2013, Entered: None Unknown Document Type
ORDER granting 5 Motion for Extension of Time to Answer All Defendants. The time to answer is extended to November 1, 2013. Ordered by Judge Kiyo A. Matsumoto on 10/23/2013. (Keefe, Reed)
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Legal Document (Payment Possibly Required)  Filed: 10/17/2013, Entered: None Unknown Document Type
CASE REFERRED to Arbitration. (Credle, Rita)
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Legal Document (Payment Possibly Required)  Filed: 9/18/2013, Entered: None Unknown Document Type
FILING FEE: $ 400, receipt number 4653064234 (Davis, Kimberly)
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