Trustees of the Local 813 Insurance Trust Fund v. Daniello Carting Company, LLC

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:17-cv-03784
Magistrate Judge Kiyo A. Matsumoto, presiding
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Magistrate Judge Kiyo A. Matsumoto
Last Updated July 29, 2025 at 9:17 AM EDT (6.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Trustees of the Local 813 Insurance Trust Fund, Plaintiff

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
Space Anthony Silverio Cacace +1 212 969 3000 +1 212 969 2900 acacace@proskauer.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Anthony Silverio Cacace +1 212 969 3000 +1 212 969 2900 acacace@proskauer.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Neil V Shah +1 973 274 3205 +1 973 274 3299 nshah@proskauer.com
Space Neil V Shah +1 973 274 3205 +1 973 274 3299 nshah@proskauer.com
No Logo Trustees of the Local 813 Pension Trust Fund, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anthony S. Cacace
Space Neil V. Shah

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Anthony Silverio Cacace +1 212 969 3000 +1 212 969 2900 acacace@proskauer.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Neil V Shah +1 973 274 3205 +1 973 274 3299 nshah@proskauer.com
No Logo Trustees of the Nurses and Local 813 IBT Retirement Plan, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anthony S. Cacace
Space Neil V. Shah

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Anthony Silverio Cacace +1 212 969 3000 +1 212 969 2900 acacace@proskauer.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Neil V Shah +1 973 274 3205 +1 973 274 3299 nshah@proskauer.com
v.
No Logo Daniello Carting Company, LLC,, Defendant

Represented by Daniels, Porco And Lusardi, Llp

Name Phone Fax E-Mail
Space Jonathan Michael Bardavid jmb@dpllawyers.com

Represented by Trivella, Forte & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jonathan Michael Bardavid +1 914 949 9075 +1 914 949 4752 jonathan@tfsllp.com
Attributes
Citation Section 29 U.S.C. § 1145
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Timeline
  Entries (19) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 12/19/2017, Entered: None Unknown Document Type
ORDER re 14 Stipulation of Dismissal -- In light of the parties' stipulation of dismissal, all scheduled conferences before me are cancelled. Ordered by Magistrate Judge James Orenstein on 12/19/2017. (Drake, Shaw)
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Legal Document (Payment Possibly Required)  Filed: 11/28/2017, Entered: None Unknown Document Type
ORDER granting 13 Motion to Adjourn Conference -- The status conference previously scheduled for December 4, 2017 is cancelled. A telephone conference will be held on December 28, 2017, at 12:30 p.m. If a stipulation of dismissal is filed by December 26, 2017, I will cancel the conference; otherwise, counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. All parties are directed to use landlines rather than mobile telephones in order to reduce potential interference. Ordered by Magistrate Judge James Orenstein on 11/28/2017. (Drake, Shaw)
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Legal Document (Payment Possibly Required)  Filed: 11/8/2017, Entered: None Unknown Document Type
SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the status conference previously scheduled before the undersigned for November 29, 2017, is rescheduled for December 4, 2017, at 11:30 a.m. (with a joint status report due two business days in advance). Ordered by Magistrate Judge James Orenstein on 11/8/2017. (Guy, Alicia)
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Legal Document (Payment Possibly Required)  Filed: 6/23/2017, Entered: None Unknown Document Type
Case assigned to Judge Kiyo A. Matsumoto and Magistrate Judge James Orenstein. 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. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required) 15 Filed: 12/20/2017, Entered: 12/20/2017 Court Filing
ORDER DISMISSING CASE, that the action is voluntarily dismissed with prejudice against Deft pursuant to FRCP 41(a)(1)(A)(ii), with each party to bear its own costs and fees. (Ordered by Judge Kiyo A. Matsumoto on 12/19/2017) (Galeano, Sonia)
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Legal Document (Payment Possibly Required) 14 Filed: 12/19/2017, Entered: 12/19/2017
STIPULATION of Dismissal dated December 19 2017 by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Plan (Shah, Neil)
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Legal Document (Payment Possibly Required) 13 Filed: 11/28/2017, Entered: 11/28/2017
First MOTION to Adjourn Conference , Consent MOTION for Extension of Time to File a Stipulation of Dismissal by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Plan. (Shah, Neil)
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Legal Document (Payment Possibly Required) 12 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: September 15, 2017. First request for production of documents and first request for interrogatories due by: September 15, 2017. Deadline for joinder of additional parties and amendment of pleadings: November 10, 2017. Status Conference (with joint status report due two business days in advance): November 29, 2017, at 11:00 a.m. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 26, 2018. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 6, 2018, at 9:30 a.m. Dispositive motion process started by: February 20, 2018. Joint pretrial order due by: March 20, 2018. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/26/2017. (Orenstein, James)
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Legal Document (Payment Possibly Required) 11 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 9/26/2017. SCHEDULING: (1) The next status conference will be held on November 29, 2017, at 11:00 a.m. (2) A pretrial conference will be held on February 6, 2018, at 9:30 a.m. SUMMARY: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James)
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Legal Document (Payment Possibly Required) 10 Filed: 9/20/2017, Entered: 9/20/2017
REPORT of Rule 26(f) Planning Meeting (Shah, Neil)
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Legal Document (Payment Possibly Required) 9 Filed: 8/29/2017, Entered: 8/29/2017
NOTICE of Appearance by Anthony S. Cacace on behalf of Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Plan (aty to be noticed) (Cacace, Anthony)
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Legal Document (Payment Possibly Required) 8 Filed: 8/28/2017, Entered: 8/28/2017 Court Filing
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, September 26, 2017, at 10:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than September 22, 2017, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/28/2017. (Guy, Alicia)
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Legal Document (Payment Possibly Required) 7 Filed: 8/18/2017, Entered: 8/18/2017
ANSWER to 1 Complaint, by Daniello Carting Company, LLC,. (Bardavid, Jonathan)
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Legal Document (Payment Possibly Required) 6 Filed: 7/13/2017, Entered: 7/13/2017
WAIVER OF SERVICE Returned Executed by Trustees of the Nurses and Local 813 IBT Retirement Plan, Trustees of the Local 813 Pension Trust Fund, Trustees of the Local 813 Insurance Trust Fund. (Shah, Neil)
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Legal Document (Payment Possibly Required) 5 Filed: 6/28/2017, Entered: 6/28/2017
SUMMONS ISSUED as to Daniello Carting Company, LLC,. (Tavarez, Jennifer)
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Legal Document (Payment Possibly Required) 4 Filed: 6/26/2017, Entered: 6/26/2017
Proposed Summons. Re 1 Complaint, by Trustees of the Local 813 Insurance Trust Fund, Trustees of the Local 813 Pension Trust Fund, Trustees of the Nurses and Local 813 IBT Retirement Plan (Shah, Neil)
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Legal Document (Payment Possibly Required) 3 Filed: 6/23/2017, Entered: 6/23/2017
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required) 2 Filed: 6/23/2017, Entered: 6/23/2017
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. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required) 1 Filed: 6/23/2017, Entered: 6/23/2017
COMPLAINT against Daniello Carting Company, LLC, filing fee $ 400, receipt number 0207-9628815 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Trustees of the Local 813 Insurance Trust Fund; Trustees of the Local 813 Pension Trust Fund; Trustees of the Nurses and Local 813 IBT Retirement Plan. (Attachments: # 1 Civil Cover Sheet) (Shah, Neil)
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