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 51 |
Filed: 4/19/2019, Entered: 4/19/2019 |
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CLERK'S JUDGMENT: ORDERED AND ADJUDGED that the Plaintiff CD2E9ED take nothing of the Defendant Sheet Metal Workers National Pension Fund; that the Defendants motion for summary judgment is granted; that the Plaintiffs motion for summary judgment is denied; and that this case is closed. Ordered by Clerk of Court on 4/19/2019. (Toritto, Jim)
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| 50 |
Filed: 4/18/2019, Entered: 4/18/2019 |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that the R&R is adopted in its entirety. The Court grants the Defendant's motion for summary judgment and denies the Plaintiffs motion for summary judgment. The Clerk of the Court is respectfully directed to close this case. Ordered by Judge Arthur D. Spatt on 4/18/2019. (Florio, Lisa)
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Request |
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Filed: 3/12/2019, Entered: 3/12/2019 |
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ORDER terminating 36 Motion for Summary Judgment; terminating 37 Motion for Summary Judgment; terminating 38 Motion to Compel; terminating 39 Motion for Summary Judgment; granting 49 Motion for Extension of Time to File Response/Reply. The Plaintiff shall file any objections to the R&R no later than April 1, 2019. For administrative purposes, the Clerk of the Court is respectfully directed to terminate and immediately reopen the cross-motions for summary judgment. So Ordered by Judge Arthur D. Spatt on 3/12/2019. (Kanellopoulos, Paul)
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| 49 |
Filed: 3/11/2019, Entered: 3/11/2019 |
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First MOTION for Extension of Time to File Response/Reply as to 48 REPORT AND RECOMMENDATIONS re 37 MOTION for Summary Judgment filed by Sheet Metal Workers' National Pension Fund, 38 MOTION to Compel filed by Sheet Metal Workers' National Pension Fund, 36 MOTION for Summary Judgment by CD2E9ED. (Frumkin, William)
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Request |
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| 48 |
Filed: 3/4/2019, Entered: 3/4/2019 |
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REPORT AND RECOMMENDATIONS re 36 , 37 . For the reasons set forth in the attached Report and Recommendations, this Court respectfully recommends to Judge Spatt that Plaintiff's motion for summary judgment be DENIED and the Fund's motion for summary judgment be GRANTED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/4/2019. (Tomlinson, A.)
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Request |
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| 47 |
Filed: 11/14/2018, Entered: 11/14/2018 |
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NOTICE by Sheet Metal Workers' National Pension Fund of withdrawal of counsel (Maher, Kristine)
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Request |
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Filed: 9/26/2018, Entered: 9/26/2018 |
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MOTION REFERRED: 39 Letter MOTION for Oral Argument on Summary Judgment referred to Judge A. Kathleen Tomlinson. (Coleman, Laurie)
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| 46 |
Filed: 9/26/2018, Entered: 9/26/2018 |
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REFERRAL ORDER: On April 6, 2018, plaintiff CD2E9ED (the Plaintiff) and defendant Sheet Metal Workers National Pension Fund (the Defendant) cross-moved for summary judgment pursuant to Federal Rule of Civil Procedure (FED. R. CIV. P. or Rule) 56 in this Employee Retirement Income Security Act of 1974, 29 U.S.C. ยง 1001 et seq. (ERISA) action. The Court hereby refers the motions to United States Magistrate Judge A. Kathleen Tomlinson for a report and recommendation as to whether they should be granted, and if so, what if any relief should be given. The Clerk of the Court is respectfully directed to note the referral. SO ORDERED by Judge Arthur D. Spatt on 9/26/2018. Motions 36 , 37 referred to Judge A. Kathleen Tomlinson. (Coleman, Laurie)
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Request |
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| 45 |
Filed: 6/8/2018, Entered: 6/8/2018 |
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ORDER. Discovery is closed and the parties have submitted their proposed joint pretrial order. After examination of the order, I find that it substantially complies with the requirements of the Honorable Arthur D. Spatt, United States District Judge. Accordingly, the joint pretrial order is accepted for filing and the action is deemed ready for trial. The action will be tried in accordance with the discretion and trial calendar of District Judge Arthur D. Spatt. Counsel have been informed that objections to exhibits not raised in the pretrial order are deemed waived. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/8/2018. (Cento, Patrick)
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Request |
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| 44 |
Filed: 6/7/2018, Entered: 6/7/2018 |
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Proposed Pretrial Order by CD2E9ED (Frumkin, William)
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Request |
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| 43 |
Filed: 6/7/2018, Entered: 6/7/2018 |
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Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Pre-Trial Conference held on 6/6/2018. Counsel are directed to make the requisite changes to the Pre-Trial Order and resubmit by June 14, 2018. SEE ATTACHED ORDER for details. (Cento, Patrick)
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Request |
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| 42 |
Filed: 5/31/2018, Entered: 5/31/2018 |
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Proposed Pretrial Order Jointly Submitted by Sheet Metal Workers' National Pension Fund (Maher, Kristine)
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Request |
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| 41 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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RESPONSE in Opposition re 36 MOTION for Summary Judgment filed by Sheet Metal Workers' National Pension Fund. (Ellison, Kristine)
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Request |
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| 40 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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RESPONSE in Opposition re 37 MOTION for Summary Judgment filed by CD2E9ED. (Frumkin, William)
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Request |
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| 39 |
Filed: 4/12/2018, Entered: 4/12/2018 |
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Letter MOTION for Summary Judgment Request for Oral Argument by CD2E9ED. (Frumkin, William)
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Request |
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| 38 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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Letter Motion Requesting Oral Argument on Motion for Summary Judgment by Sheet Metal Workers' National Pension Fund (Ellison, Kristine) Modified on 4/9/2018 to change event type to motion (Coleman, Laurie).
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Request |
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| 37 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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MOTION for Summary Judgment by Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Declaration First Declaration of Debra Elkins Santi, # 3 Declaration Second Declaration of Debra Elkins Santi, # 4 Exhibit A - Plan Document, # 5 Exhibit B Part 1 - Administrative Record, # 6 Exhibit B Part 2 - Administrative Record, # 7 Exhibit C - Post-Appeal Correspondence) (Ellison, Kristine)
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Request |
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| 36 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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MOTION for Summary Judgment by CD2E9ED. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment, # 2 Declaration Declaration of Elizabeth Hunter In Support of Plaintiff's Motion for Summary Judgment, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4) (Frumkin, William)
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Request |
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| 35 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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ORDER granting 34 motion for an extension of the deadline for the parties to file their motions for summary judgment to 4/6/2018 and their opposition to 5/7/2018. SO ORDERED by Judge Arthur D. Spatt on 3/27/2018. (Coleman, Laurie)
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Request |
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| 34 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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MOTION for Extension of Time to File Motions for Summary Judgment by CD2E9ED. (Frumkin, William)
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Request |
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Filed: 2/28/2018, Entered: 2/28/2018 |
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ORDER granting in part and denying in part DE 33 . As counsel were made aware at the Initial Conference, Judge Spatt does not stay the pretrial phase of cases even where the parties engage in dispositive motion practice. The Court will however grant an adjournment of the Pre-Trial Conference and deadline to submit the Joint Pre-Trial Order until after the summary judgment motions are filed. The parties are to file their Joint Pre-Trial Order by May 31, 2018, and the Pre-Trial Conference is adjourned to June 6, 2018 at 11 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/28/2018. (Cento, Patrick)
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| 33 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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MOTION for Extension of Time to File Proposed Joint Pre-Trial Order and Adjourn Pre-Trial Conference by CD2E9ED. (Frumkin, William)
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Request |
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| 32 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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MOTION for Extension of Time to File Proposed Joint Pre-Trial Order and Adjourn Pre-Trial Conference by CD2E9ED. (Frumkin, William)
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Filed: 2/27/2018, Entered: 2/27/2018 |
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Incorrect Case/Document/Entry Information. The #32 Minute Entry has been deleted from the above referenced case as it was docketed in error. The Minute Entry has been entered in the correct case #14-cv-6780-ADS. (Coleman, Laurie)
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| 31 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Pre-Motion Conference held on 1/31/2018. Case called. Counsel for all sides present. Pre-motion conference held. Settlement discussions held. Case not settled at this time. A briefing schedule was set for motion/cross-motions for summary judgment. (Coleman, Laurie)
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Filed: 12/12/2017, Entered: 12/12/2017 |
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Electronic ORDER granting 29 30 parties cross motions for a pre-motion conference. Counsel are directed to appear on 1/31/2018 at 9:00 a.m. in Courtroom 1020 of the Long Island Courthouse to discuss their proposed motions for summary judgment. Counsel are further directed to appear authorized to substantively discuss settlement at that time. Any requests for an adjournment must be made on ECF and include three alternative proposed dates agreed upon by both parties. So Ordered by Judge Arthur D. Spatt on 12/12/2017. (Fell, Christopher)
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| 30 |
Filed: 12/8/2017, Entered: 12/8/2017 |
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Letter MOTION for pre motion conference for summary judgment by Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Rule 56.1 Statement Combined with Plaintiff's Response) (Christakos, Nicholas)
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Request |
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| 29 |
Filed: 12/8/2017, Entered: 12/8/2017 |
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MOTION for pre motion conference , MOTION for Summary Judgment by CD2E9ED. (Attachments: # 1 Appendix Plaintiff's Statement of Material Facts Pursuant to Local Rule 56.1, # 2 Appendix Defendant's Response to Plaintiff's Local Rule 56.1 Statement) (Hunter, Elizabeth)
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Filed: 12/1/2017, Entered: 12/1/2017 |
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ORDER granting 27 Motion for Leave to Appear Pro Hac Vice. Attorney Ellison shall register for ECF within two week. Registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/1/2017. (Cento, Patrick)
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Filed: 11/29/2017, Entered: 11/29/2017 |
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ORDER granting 28 Motion for Extension of Time to File. The Court is granting Plaintiff's motion to extend time for the parties to file their requests for a pre-motion conference with the understanding that the parties have exchanged their Rule 56.1 Statements. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/29/2017. (Cento, Patrick)
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Filed: 11/29/2017, Entered: 11/29/2017 |
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ORDER deferring ruling on 27 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of Kristen M. Ellison's motion for admission pro hac vice. Before the Court can rule on the motion, the Court requires that the original certificates of good standing are forwarded to Chambers for review. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/29/2017. (Cento, Patrick)
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| 28 |
Filed: 11/28/2017, Entered: 11/28/2017 |
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MOTION for Extension of Time to File letter requests for pre-motion conference for purposes of making a summary judgment by CD2E9ED. (Frumkin, William)
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Request |
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| 27 |
Filed: 11/21/2017, Entered: 11/21/2017 |
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Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9995776. by Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Ellison, Kristine)
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Request |
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| 26 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 9/6/2017. SEE ATTACHED ORDER for details (Roman, Joshua)
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Request |
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| 25 |
Filed: 9/5/2017, Entered: 9/6/2017 |
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ORDER granting 23 motion of Stephen M. Rosenblatt to withdraw as counsel. The Clerk of the Court is respectfully directed to remove Stephen M. Rosenblatt as counsel for the Defendant. As stated above, Nicholas Christakos shall remain as counsel for the Defendant. SO ORDERED by Judge Arthur D. Spatt on 9/5/2017. Attorney Stephen M. Rosenblatt terminated, (Coleman, Laurie)
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Filed: 8/30/2017, Entered: 8/30/2017 |
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ORDER granting 22 Motion to Appear by Telephone. The motion is GRANTED. As such, the parties shall be permitted to appear telephonically for the September 6, 2017 Discovery Status Conference. Plaintiff shall initiate the telephone call to Chambers once all parties are on the line. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/30/2017. (Roman, Joshua)
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| 24 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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CASE MANAGEMENT STATEMENT filed by CD2E9ED, Letter by CD2E9ED, STATUS REPORT re:Discovery by CD2E9ED (Frumkin, William)
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Request |
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| 23 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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Notice of MOTION to Withdraw as Attorney as to Stephen M. Rosenblatt by Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service) (Christakos, Nicholas)
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Filed: 8/18/2017, Entered: 8/18/2017 |
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ORDER deferring ruling on 22 Motion to Appear by Telephone. The Court has reviewed the parties' letter motion and hereby defers issuing a ruling pending receipt of further factual information. Specifically, the parties are to advise the Court whether (1) there are any pending discovery disputes and (2) discovery is otherwise proceeding on schedule. Once the Court receives this additional information it will rule on the underlying motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/18/2017. (Roman, Joshua)
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| 22 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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Motion to Appear by Telephone by CD2E9ED. (Frumkin, William)
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Request |
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| 21 |
Filed: 8/4/2017, Entered: 8/4/2017 |
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ORDER denying 19 Motion for Discovery. SEE ATTACHED ORDER for details. This matter is set down for a Status Conference on September 6, 2017 at 11 AM to discuss the completion of the pre-trial phase of this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/4/2017. (Roman, Joshua)
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Request |
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| 20 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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RESPONSE in Opposition re 19 MOTION for Discovery Beyond the Administrative Record filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Rosenblatt, Stephen)
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| 19 |
Filed: 12/16/2016, Entered: 12/16/2016 |
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MOTION for Discovery Beyond the Administrative Record by CD2E9ED. (Attachments: # 1 Exhibit) (Hunter, Elizabeth)
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Request |
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| 18 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 11/29/2016. SEE ATTACHED ORDER for details (Roman, Joshua)
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Request |
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| 17 |
Filed: 11/22/2016, Entered: 11/22/2016 |
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Proposed Scheduling Order by CD2E9ED (Frumkin, William)
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Request |
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| 16 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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Defendant's ANSWER to 13 Amended Complaint by Sheet Metal Workers' National Pension Fund. (Christakos, Nicholas)
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Request |
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| 15 |
Filed: 11/2/2016, Entered: 11/2/2016 |
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NOTICE of Appearance by Nicholas Christakos on behalf of Sheet Metal Workers' National Pension Fund (notification declined or already on case) (Christakos, Nicholas)
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Request |
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Filed: 10/24/2016, Entered: 10/24/2016 |
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ORDER granting 14 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/24/2016. (Roman, Joshua)
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Filed: 10/19/2016, Entered: 10/19/2016 |
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ORDER deferring ruling on 14 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of Attorney Christakos's motion for admission pro hac vice. Before the Court can rule on this motion, the Court requires that the original certificate of good standing is forwarded to Chambers for review. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/19/2016. (Roman, Joshua)
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| 14 |
Filed: 10/18/2016, Entered: 10/18/2016 |
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Notice of MOTION for Leave to Appear Pro Hac Vice with Respect to Nicholas T. Christakos Filing fee $ 150, receipt number 0207-9000234. by Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Affidavit in Support of Nicholas T. Christakos, # 2 Certificate of Good Standing, # 3 Proposed Order) (Christakos, Nicholas)
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Request |
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| 13 |
Filed: 10/18/2016, Entered: 10/18/2016 |
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AMENDED COMPLAINT against Sheet Metal Workers' National Pension Fund, filed by CD2E9ED. (Frumkin, William)
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Filed: 10/17/2016, Entered: 10/17/2016 |
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SCHEDULING ORDER: re 11 Order on Motion for Extension of Time to Amend. In light of Judge Spatt's Order dated October 13, 2016, the Initial Conference originally scheduled for October 20, 2016 before the undersigned is adjourned. The Conference will proceed on November 29, 2016 at 11 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/17/2016. (Roman, Joshua)
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| 12 |
Filed: 10/14/2016, Entered: 10/14/2016 |
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NOTICE of Appearance by Stephen M. Rosenblatt on behalf of All Defendants (notification declined or already on case) (Rosenblatt, Stephen)
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Request |
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| 11 |
Filed: 10/13/2016, Entered: 10/14/2016 |
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ORDER granting 10 motion/stipulation to amend. Plaintiff may file an Amended Complaint on or before 10/21/2016, and Defendant may file its Answer to such Amended Complaint on or before 11/4/2016. So Ordered by Judge Arthur D. Spatt on 10/13/2016. (Coleman, Laurie)
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Filed: 10/13/2016, Entered: 10/13/2016 |
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ORDER granting 8 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/13/2016. (Roman, Joshua)
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| 10 |
Filed: 10/11/2016, Entered: 10/11/2016 |
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MOTION for Extension of Time to Amend 1 Complaint, by CD2E9ED. (Frumkin, William)
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Filed: 10/7/2016, Entered: 10/7/2016 |
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ORDER deferring ruling on 8 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of Attorney Rosenblatt's motion for admission pro hac vice. Before the Court can rule on this motion, the Court requires that the original certificates of good standing are forwarded to Chambers for review. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/7/2016. (Roman, Joshua)
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| 9 |
Filed: 10/7/2016, Entered: 10/7/2016 |
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NOTICE of Change of Address and contact information for Elizabeth E. Hunter, Esq. by William D. Frumkin (Frumkin, William)
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| 8 |
Filed: 9/30/2016, Entered: 9/30/2016 |
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Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8958524. by Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Rosenblatt, Stephen)
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Request |
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| 7 |
Filed: 9/14/2016, Entered: 9/14/2016 |
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WAIVER OF SERVICE Returned Executed by CD2E9ED. Sheet Metal Workers' National Pension Fund waiver sent on 8/30/2016, answer due 10/31/2016. (Frumkin, William)
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| 6 |
Filed: 8/31/2016, Entered: 8/31/2016 |
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INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for October 20, 2016 at 2:30 p.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/31/2016. (Roman, Joshua)
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| 5 |
Filed: 8/10/2016, Entered: 8/10/2016 |
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SUMMONS ISSUED as to Sheet Metal Workers' National Pension Fund. (Coleman, Laurie)
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Request |
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| 4 |
Filed: 8/9/2016, Entered: 8/9/2016 |
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Proposed Summons. Re 1 Complaint, by CD2E9ED (Frumkin, William)
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Request |
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Filed: 8/9/2016, Entered: 8/9/2016 |
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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. (Flanagan, Doreen)
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Filed: 8/9/2016, Entered: 8/9/2016 |
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Case Assigned to Judge Arthur D. Spatt and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
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| 2 |
Filed: 8/9/2016, Entered: 8/9/2016 |
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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
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Filed: 8/9/2016, Entered: 8/9/2016 |
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Proposed summons is rejected; the caption does not reflect the caption of the Complaint. Counsel is advised to submit a corrected proposed summons using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
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| 1 |
Filed: 8/5/2016, Entered: 8/5/2016 |
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COMPLAINT against Sheet Metal Workers' National Pension Fund filing fee $ 400, receipt number 0207-8819251 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by CD2E9ED. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Frumkin, William) Modified on 8/9/2016 (Flanagan, Doreen).
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