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146 |
Filed: 4/3/2019, Entered: 4/4/2019 |
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MEMO ENDORSEMENT on SETTLEMENT AGREEMENT. ENDORSEMENT: SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/3/2019) (rj)
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Request |
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145 |
Filed: 3/15/2019, Entered: 3/18/2019 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Matthew I. Henzi dated 3/15/2019 re: Parties request a two-week extension so that they may obtain signatures to the document. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 3/15/2019) (rj)
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Request |
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144 |
Filed: 1/3/2019, Entered: 1/4/2019 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Jonathan Nelson dated 1/2/2019 re: Counsel requests a 60 day extension of the deadline to file an executed settlement agreement. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 1/3/2019) (mml)
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Request |
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143 |
Filed: 11/16/2018, Entered: 11/16/2018 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher M. Leins dated 11/15/2018 re: The Plaintiffs jointly request an additional 60 days to file an executed settlement agreement. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 11/16/2018) (jca)
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Request |
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142 |
Filed: 10/2/2018, Entered: 10/2/2018 |
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ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within forty-five (45) days of the date hereof. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next 45 days with a request that the agreement be "so ordered" by the Court. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/2/2018) (rj)
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Request |
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Filed: 10/2/2018, Entered: 10/2/2018 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on October 2, 2018. The case has settled in principle. The parties are directed to submit a stipulation of discontinuance to the Court by November 16, 2018. The referral to Judge McCarthy is closed. (jah)
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Filed: 8/3/2018, Entered: 8/8/2018 |
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Set/Reset Hearings: Telephone Conference set for 10/2/2018 at 10:00 AM before Magistrate Judge Judith C. McCarthy. (rjm)
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141 |
Filed: 8/3/2018, Entered: 8/3/2018 |
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MEMO ENDORSEMENT on re: 140 Letter. ENDORSEMENT: Application granted. The Court has scheduled a telephone conference for October 2, 2018 at 10:00 a.m. Counsel shall have all parties on the line before contacting Chambers. (Telephone Conference set for 10/2/2018 at 10:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 8/3/2018) (jwh) Modified on 8/8/2018 (rjm).
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Request |
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140 |
Filed: 8/2/2018, Entered: 8/2/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated August 2, 2018 re: Status of Settlement. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Henzi, Matthew)
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Request |
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Filed: 7/2/2018, Entered: 7/3/2018 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on July 2, 2018. The parties are directed to notify the Court, in writing, as to the status of settlement by August 2, 2018. (jah)
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139 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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MEMO ENDORSEMENT on re: 138 Letter requesting that this Honorable Court schedule a telephonic status conference, filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan. ENDORSEMENT: Application granted. The Court will hold a telephone conference on July 2, 2018 at 12:00 p.m. Counsel shall have all parties on the line before contacting Chambers. So Ordered., (Telephone Conference set for 7/2/2018 at 12:00 PM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 6/4/18) (yv)
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138 |
Filed: 5/31/2018, Entered: 5/31/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated May 31, 2018 re: Discovery Status. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust.(Henzi, Matthew)
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Request |
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137 |
Filed: 5/14/2018, Entered: 5/15/2018 |
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MEMO ENDORSEMENT on re: 136 Letter filed by 43D5821. ENDORSEMENT: Application granted. All discovery will close on May 31, 2018. However, the deposition of Plante Moran may be held after the close of discovery. So Ordered (Signed by Magistrate Judge Judith C. McCarthy on 5/14/2018) (js)
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Request |
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136 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 5/14/2018 re: status. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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135 |
Filed: 4/18/2018, Entered: 4/18/2018 |
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MEMO ENDORSEMENT on re: 134 Letter providing status update and discovery extension, filed by 43D5821. ENDORSEMENT: Application granted. All discovery must be completed by May 31, 2018, and the parties are directed to submit a joint letter on that date stating whether discovery is complete. No further extensions will be granted. So Ordered., (Discovery due by 5/31/2018.) (Signed by Magistrate Judge Judith C. McCarthy on 4/18/18) (yv)
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Request |
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134 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 4/17/18 re: status update and discovery. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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Filed: 3/15/2018, Entered: 3/15/2018 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Settlement Conference held on March 15, 2018. The case did not settle. All discovery shall be completed by April 30, 2018. The parties are directed to submit a letter to the Court on April 30, 2018 stating whether discovery is complete. (Court Reporter Courtflow) (jah)
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133 |
Filed: 3/15/2018, Entered: 3/15/2018 |
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MEMO ENDORSEMENT on re: 131 Letter, filed by Sheet Metal Workers National Pension Fund. ENDORSEMENT: Application denied. (Signed by Magistrate Judge Judith C. McCarthy on 3/14/2018) (jwh)
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Request |
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132 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 3/14/2018 re: response to Christopher Leins, Esq.'s letter dated 3/13/18. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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131 |
Filed: 3/13/2018, Entered: 3/13/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Christopher M. Leins dated March 13, 2018 re: Settlement Conference. Document filed by Sheet Metal Workers National Pension Fund. (Attachments: # 1 Exhibit, # 2 Exhibit)(Leins, Christopher)
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Request |
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Filed: 2/8/2018, Entered: 2/8/2018 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Settlement Conference held on February 8, 2018. The deadline for Defendant to depose non-party Plante Moran is extended to April 16, 2018. Next Settlement Conference scheduled for March 15, 2018 at 2:00 p.m. in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Court Reporter Courtflow) (jah)
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Filed: 2/8/2018, Entered: 2/8/2018 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Marc H. Rifkind to E-MAIL Document No. 130 Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
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130 |
Filed: 2/6/2018, Entered: 2/6/2018 |
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FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Authorize Application to Bring Personal Electronic Devices into the Courthouse for the Settlement Conference. Document filed by Sheet Metal Workers National Pension Fund.(Rifkind, Marc) Modified on 2/8/2018 (db).
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129 |
Filed: 2/5/2018, Entered: 2/5/2018 |
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MEMO ENDORSEMENT on re: 128 Letter filed by 43D5821. ENDORSEMENT: Counsel with settlement authority, including the authority to waive subrogation rights, for Fidelity and Deposit Company of Maryland is directed to be available by telephone for the duration of the settlement conference on February 8, 2018 beginning at 10:00 a.m. Defendants are directed to serve a copy of this Order on counsel for Fidelity and Deposit Company of Maryland immediately. (Signed by Magistrate Judge Judith C. McCarthy on 2/5/2018) (jwh)
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Request |
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Filed: 2/5/2018, Entered: 2/5/2018 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on February 5, 2018. (jah)
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128 |
Filed: 2/1/2018, Entered: 2/1/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 2/1/2018 re: settlement conference. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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127 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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SCHEDULING ORDER: The Court has scheduled a Settlement Conference for February 8, 2018 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. Parties are required to appear. Counsel are required to submit a confidential, ex parte letter, so identified, to the Court, not to exceed 5 pages in length, no later than two business days prior to the conference, outlining any information counsel believes would assist the Court in preparation for the conference. Any party seeking to reschedule shall telephone Chambers with all other parties on the line. (Settlement Conference set for 2/8/2018 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 1/25/2018) (jwh)
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Filed: 1/25/2018, Entered: 1/25/2018 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on January 25, 2018. The Court scheduled a Settlement Conference for February 8, 2018 at 10:00 a.m. in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (jah)
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126 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Christopher M. Leins dated January 3, 2018 re: Deposition Schedule. Document filed by Sheet Metal Workers National Pension Fund.(Leins, Christopher)
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125 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 1/3/2018 re: discovery dispute. Document filed by 43D5821.(Nelson, Jonathan)
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124 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 1/3/2018 re: request for emergency in person conference regarding discovery dispute. Document filed by 43D5821. (Attachments: # 1 Exhibit A - Delinquency Fax)(Nelson, Jonathan)
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Request |
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123 |
Filed: 12/21/2017, Entered: 12/22/2017 |
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MEMO ENDORSEMENT on re: 122 Letter filed by 43D5821. ENDORSEMENT: The deadline for Defendant to depose non-party Plante Moran is extended to February 28, 2018. All other discovery deadlines remain the same. Plaintiff National Pension Fund is directed to appear for a deposition at a mutually agreed upon date prior to January 12, 2018. National Pension Fund is further directed to advise the Court of the selected date by December 29, 2017. ( Deposition due by 2/28/2018.) (Signed by Magistrate Judge Judith C. McCarthy on 12/21/2017) (mro)
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122 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 12/21/2017 re: update. Document filed by 43D5821. (Attachments: # 1 Exhibit A)(Nelson, Jonathan)
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121 |
Filed: 12/15/2017, Entered: 12/18/2017 |
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MEMO ENDORSEMENT on re: 120 LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated December 15, 2017 re: Defense Counsel's Request for an In-Person Conference. Document filed by Sheet Metal International Association Local No. 38 Individual V acation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sh eet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. ENDORSEMENT: So ordered. The parties are to proceed with discovery post haste. Plaintiffs are directed to provide dates for all outstanding depositions by December 20, 2017. (Signed by Magistrate Judge Judith C. McCarthy on 12/15/2017) (rjm)
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120 |
Filed: 12/15/2017, Entered: 12/15/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated December 15, 2017 re: Defense Counsel's Request for an In-Person Conference. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Henzi, Matthew)
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119 |
Filed: 12/15/2017, Entered: 12/15/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated December 15, 2017 re: Doc. No.: 118, Correction of Typo with Date. Document filed by 43D5821.(Kuritzky, Alyson)
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118 |
Filed: 12/15/2017, Entered: 12/15/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated December 15, 2017 Document filed by 43D5821.(Kuritzky, Alyson)
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Filed: 12/8/2017, Entered: 12/8/2017 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on December 8, 2017. Next Telephone Conference scheduled for January 25, 2018 at 1:00 p.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah)
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117 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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ORDER OF ADMISSION PRO HAC VICE: granting 116 Motion for Mark Rifkind to Appear Pro Hac Vice. The Clerk of the Court requested to terminate the motion (doc. 116). (Signed by Judge Nelson Stephen Roman on 11/30/2017) (ap)
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Request |
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Filed: 11/20/2017, Entered: 11/20/2017 |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 116 MOTION for Marc Harold Rifkind to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14386444. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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116 |
Filed: 11/20/2017, Entered: 11/20/2017 |
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MOTION for Marc Harold Rifkind to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14386444. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheet Metal Workers National Pension Fund. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Certificate of Good Standing - DC)(Rifkind, Marc)
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115 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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MEMO ENDORSEMENT on re: 114 Letter filed by 43D5821. ENDORSEMENT: Application granted. The deadline to complete depositions is extended from November 13, 2017 to January 12, 2018, and the deadline to complete discovery is extended from December 4, 2017 to February 2, 2018. (Deposition due by 1/12/2018., Discovery due by 2/2/2018.) (Signed by Magistrate Judge Judith C. McCarthy on 11/3/2017) (cf)
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114 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated November 3, 2017 re: Discovery. Document filed by 43D5821.(Kuritzky, Alyson)
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113 |
Filed: 9/15/2017, Entered: 9/15/2017 |
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ORDER RESOLVING MATTERS AT SEPTEMBER 11, 2017 DISCOVERY CONFERENCE. IT IS HEREBY ORDERED that Defendant's request to compel the Local 38 Funds' to produce those communications identified as items 1 through 4 on Plaintiffs' privilege log between the Local 38 Funds, the Local 38 Funds' counsel, and the Local 38 Funds' auditors is denied. However, this Court does grant Defendant's request to produce documents referenced in the Local 38 Funds' auditors' reports. The Local 38 Funds are directed to produce such records to the extent they and/or their principals or agents possess them, and to the extent they have not been previously produced, and as further specified and set forth in this Order Resolving Matters at September 11, 2017 Discovery Conference. IT IS FURTHER ORDERED that the Court hereby extends the following discovery deadlines, only, for a period of 45 days: Deposition completion date from September 29, 2017 to November 13, 2017. Discovery completion deadline from October 20, 2017 to December 4, 2017. Telephone conference scheduled for October 25, 2017 adjourned to December 8, 2017 at 10:00 a.m. (Deposition due by 11/13/2017. Discovery due by 12/4/2017.) (Telephone Conference set for 12/8/2017 at 10:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 9/15/2017) (rjm)
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112 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Status Conference held on September 11, 2017. Rulings made on the record. The parties are directed to submit a proposed order regarding the Court's rulings on the relevance of deposition questions by September 13, 2017. By the same date, the parties are also directed to submit a proposed revised discovery plan and scheduling order setting forth deadlines for the remainder of discovery. (Court Reporter Courtflow) (jah) Modified on 9/12/2017 (jah).
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111 |
Filed: 9/6/2017, Entered: 9/6/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated September 6, 2017 re: Plaintiffs' Letter filed August 30, 2017. Document filed by 43D5821.(Kuritzky, Alyson)
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110 |
Filed: 9/6/2017, Entered: 9/6/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq., on behalf of Debtor's Counsel DelBello Donnellan Weingarten Wise & Wiederkehr, LLP dated September 6, 2017 re: Plaintiffs' Letter filed August 30, 2017. Document filed by Zodiac Industries, Inc..(Kuritzky, Alyson)
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109 |
Filed: 8/31/2017, Entered: 8/31/2017 |
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ORDER granting 108 Letter Motion Requesting Conference. The issues to be discussed at the status conference on September 11, 2017 at 10:00 a.m. in Courtroom 421 will also include the issues raised in this letter. Defendants are directed to respond to this letter in writing no later than September 6, 2017. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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108 |
Filed: 8/30/2017, Entered: 8/30/2017 |
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LETTER MOTION to Compel witnesses to answer questions addressed to Magistrate Judge Judith C. McCarthy from Matthew Henzi dated August 30, 2017. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust. Return Date set for 9/11/2017 at 10:00 AM. (Attachments: # 1 Exhibit A - Dep Tr - 43D5821, # 2 Exhibit B - CBA, # 3 Exhibit C - Invoice, # 4 Exhibit D - Expert Report, # 5 Exhibit E - Correspondence)(Henzi, Matthew)
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107 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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MEMO ENDORSEMENT on re: 103 Letter filed by 43D5821. ENDORSEMENT: SO ORDERED: The Court will hold a status conference on September 11, 2017 at 10:00 a.m. in Courtroom 421 to discuss the issues raised in this letter and in Docket Nos. 104 and 105. (Status Conference set for 9/11/2017 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 8/29/2017) (mml)
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106 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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LETTER REPLY to Response to Motion addressed to Magistrate Judge Judith C. McCarthy from Matthew Henzi dated August 29, 2017 re: 98 LETTER MOTION for Conference for Pre-Motion Conference addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated July 31, 2017., 86 LETTER MOTION for Conference for Pre-Motion Conference addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated June 13, 2017. . Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust. (Attachments: # 1 Exhibit A - Image of Check, # 2 Exhibit B - Image of Deposited Check)(Henzi, Matthew)
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105 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky dated August 29, 2017 re: Plaintiffs'Letter Doc No 104. Document filed by 43D5821.(Kuritzky, Alyson)
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104 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated August 25, 2017 re: Response to Defendant's Letter Motion Seeking Discovery (Dkt #103). Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust. (Attachments: # 1 Exhibit A - Email Correspondence, # 2 Exhibit B - Plante Moran Report)(Henzi, Matthew)
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103 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated August 18, 2017 re: Discovery. Document filed by 43D5821. (Attachments: # 1 Exhibit Memorandum Decision)(Kuritzky, Alyson)
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Request |
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Filed: 8/3/2017, Entered: 8/7/2017 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Status Conference held on August 3, 2017. Rulings made on the record with respect to Docket Nos. 92, 93, 98, 99, 100, 101 and 102. Additionally, the Court extended discovery deadlines as follows: (1) Depositions shall be completed by September 29, 2017, and (2) All discovery shall be completed by October 20, 2017. The Telephone Conference scheduled for September 22, 2017 is adjourned to October 25, 2017 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (Court Reporter Courtflow) (jah)
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102 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated August 1, 2017 re: Responding to Christopher M. Leins dated August 1, 2017. Document filed by 43D5821. (Attachments: # 1 Exhibit A)(Nelson, Jonathan)
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Request |
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101 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Christopher M. Leins dated August 1, 2017 re: Defendant's Letter filed on July 31, 2017. Document filed by Sheet Metal Workers National Pension Fund.(Leins, Christopher)
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Request |
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100 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Steven R. Schoenfeld dated July 31, 2017 re: Plaintiffs' Letter filed on July 31, 2017. Document filed by Zodiac Industries, Inc.. (Attachments: # 1 Exhibit A)(Kuritzky, Alyson)
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Request |
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99 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated July 31, 2017 re: Plaintiffs' Letter filed on July 31, 2017. Document filed by 43D5821.(Kuritzky, Alyson)
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Request |
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98 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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LETTER MOTION for Conference for Pre-Motion Conference addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated July 31, 2017. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Attachments: # 1 Exhibit A: Email Correspondence, # 2 Exhibit B: Email from Defendant to Administrative Manager, # 3 Exhibit C: Statement on the Record, # 4 Exhibit D: Testimony from Bankruptcy 314 Meeting)(Henzi, Matthew)
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Request |
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97 |
Filed: 7/25/2017, Entered: 7/25/2017 |
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MEMO ENDORSEMENT on re: 95 Letter filed by 43D5821. ENDORSEMENT: Application granted. The status conference scheduled for July 28, 2017 is adjourned to August 3, 2017 at 11:30 a.m. in Courtroom 421. The parties are reminded that they must meet and confer regarding the privilege log issue prior to their appearance. If any of the disputes set forth in Docket Nos. 92 and 93 are resolved prior to the conference, the parties are directed to notify the Court. (Status Conference set for 8/3/2017 at 11:30 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 7/25/2017) (cf) Modified on 7/26/2017 (cf).
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Request |
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96 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated July 24, 2017 re: request to adjourn July 28, 2017 Status Conference. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Henzi, Matthew)
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Request |
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95 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated July 20, 2017 re: Request for Adjournment. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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94 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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MEMO ENDORSEMENT on re: 93 Letter response to Defendant's letter motion seeking to compel discovery (Dkt. No. 92), filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan. ENDORSEMENT: The Court has scheduled a Status Conference for July 28, 2017 at 12:00 p.m. before the undersigned in Courtroom 421 to discuss the issues raised in Docket Nos. 92 and 93. The parties are directed to meet and confer regarding the privilege-log issue prior to their appearance. If any of these disputes are resolved prior to the Conference, the parties are directed to notify the Court. So Ordered., (Status Conference set for 7/28/2017 at 12:00 PM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 7/20/17) (yv) Modified on 8/1/2017 (yv).
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Request |
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93 |
Filed: 7/17/2017, Entered: 7/17/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated July 17, 2017 re: Defendant's letter motion seeking to compel discovery (Dkt. No. 92). Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Henzi, Matthew)
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Request |
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92 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated July 10, 2017 re: Discovery Update and Reqeust for Conference. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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91 |
Filed: 6/28/2017, Entered: 6/28/2017 |
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MEMO ENDORSEMENT on re: 90 LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated June 26, 2017 re: Bankruptcy Stay. Document filed by 43D5821. ENDORSEMENT: The briefing schedule set at the June 22, 2017 Pre-Motion Conf. is vacated. So ordered. The following deadline(s) was terminated: Motions Deadline, Reply Deadline, Response Deadline. (Signed by Judge Nelson Stephen Roman on 6/27/2017) (rjm)
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Request |
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Filed: 6/26/2017, Entered: 6/27/2017 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on June 26, 2017. The Court issued the following rulings: (1) The parties are directed to meet and confer regarding any outstanding deposition disputes and shall notify the Court, in writing, by July 10, 2017 whether any disputes remain; (2) Depositions must be completed by August 31, 2017, and (3) All discovery must be completed by September 22, 2017. Next Telephone Conference scheduled for September 22, 2017 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah)
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90 |
Filed: 6/26/2017, Entered: 6/26/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated June 26, 2017 re: Bankruptcy Stay. Document filed by 43D5821.(Nelson, Jonathan)
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Request |
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Filed: 6/22/2017, Entered: 6/22/2017 |
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Minute Entry for proceedings held before Judge Nelson Stephen Roman: Pre-Motion Conference held on 6/22/2017. Plaintiffs counsel both appeared via telephone and Defendant Pasqualinis counsel present. Court Reporter is Angela ODonnell. Defendant granted leave to file motion to dismiss with following briefing schedule: moving papers to be served July 24, 2017; opposition to be served August 24, 2017; and reply to be served September 8, 2017. The parties are directed to file all motion documents on the reply date, September 8, 2017, and to provide 2 copies of all documents to chambers as the documents are served. The parties are directed to obtain clarification of bankruptcy Order from Judge Drain (regarding the stay of discovery). ( Motions due by 7/24/2017., Replies due by 9/8/2017., Responses due by 8/24/2017). (Court Reporter Angela O'Donnell) (gs)
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89 |
Filed: 6/21/2017, Entered: 6/21/2017 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher M. Reins dated 6/20/2017 re: Plaintiff NPF requests permission to attend the June 22, 2017 pre-motion conference by telephone. ENDORSEMENT: The NPF's counsel granted leave to appear via telephone for the limited purpose of tomorrow's Pre-motion Conf. All future appearances shall be in person. Both plaintiffs' counsel shall arrange a telephone conference, calling the Court last, to call in at 11:15am - not before - to the Court's Courtroom conference line: (914) 390-4082. (Signed by Judge Nelson Stephen Roman on 6/21/2017) (mml)
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Request |
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88 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Blaine A. Veldhuis dated 6/20/2017 re: Plaintiffs respectfully request this Court's permission to attend the June 22, 2017 pre-motion conference telephonically. ENDORSEMENT: Plaintiff's counsel granted leave to appear via telephone for the limited purpose of the June 22, 2017 Pre-motion Conf. All future appearances shall be in person. Defendant's counsel shall appear in person. Plaintiff's counsel directed to call Chambers with a telephone number for Chambers to call on June 22, 2017. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/20/2017) (ama)
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Request |
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87 |
Filed: 6/15/2017, Entered: 6/15/2017 |
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ORDER granting 86 Letter Motion for Conference re: 86 LETTER MOTION for Conference for Pre-Motion Conference addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated June 13, 2017. Pre-Motion Conference scheduled for June 22, 2017 at 11:15 am before Judge Roman. Opposing party to state position in writing (not to exceed 3 pages) by June 20, 2017. Clerk of the Court requested to terminate the motion (doc. 86). Pre-Motion Conference set for 6/22/2017 at 11:15 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 6/15/2017) (rj)
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Request |
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86 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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LETTER MOTION for Conference for Pre-Motion Conference addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated June 13, 2017. Document filed by 43D5821. (Attachments: # 1 Exhibit Order)(Nelson, Jonathan)
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Request |
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85 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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MEMO ENDORSEMENT: on re: 84 Letter, filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan. ENDORSEMENT: SO ORDERED. The Court will conduct a telephone conference on June 26, 2017 at 11:30 a.m. Counsel shall have all parties on the line before contacting Chambers. (Telephone Conference set for 6/26/2017 at 11:30 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 6/13/2017) (ap)
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Request |
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84 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew I. Henzi dated June 13, 2017 re: the Bankruptcy Court's automatic stay and Plaintiffs' request to schedule a status conference. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Attachments: # 1 Exhibit A)(Henzi, Matthew)
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Request |
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83 |
Filed: 3/3/2017, Entered: 3/6/2017 |
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ADJOURNMENT ORDER: The above case previously scheduled for a status conference on April 7, 2017 before the United States District Judge Nelson S. Roman, is hereby adjourned sine die pending the Bankruptcy Court's determination on a motion regarding the issue of automatic stay. Counsel are directed to inform this Court in writing within three (3) days of the issuance of a decision. (Signed by Judge Nelson Stephen Roman on 3/3/2017) (mml)
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Request |
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82 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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SCHEDULING ORDER: The Telephone Conference scheduled for March 20, 2017 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy is adjourned sine die. SO ORDERED. (Hearing Terminated as to 3/20/2017 Telephone Conference) (Signed by Magistrate Judge Judith C. McCarthy on 2/23/2017) (lnl)
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Request |
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81 |
Filed: 2/22/2017, Entered: 2/23/2017 |
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MEMO ENDORSEMENT on 80 LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 2/22/2017 re: bankruptcy stay. ENDORSEMENT: The telephone conference scheduled for February 24, 2017 before the undersigned is adjourned sine die. If the bankruptcy court determines that a stay does not apply, the parties are to notify the undersigned within five (5) days of such decision. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/22/2017) (lnl)
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Request |
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80 |
Filed: 2/22/2017, Entered: 2/22/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated 2/22/2017 re: bankruptcy stay. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
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79 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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AMENDED LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated February 21, 2017 re: Bankrtupcy Status - Correcting Date of Document 78. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
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78 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated February 17, 2017 re: Status of Bankruptcy. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
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77 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated 02/20/2017 re: Bankruptcy of Zodiac Industries, Inc.. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
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76 |
Filed: 2/17/2017, Entered: 2/17/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Jonathan B. Nelson dated February 17, 2017 re: Bankruptcy Filing. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
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75 |
Filed: 2/17/2017, Entered: 2/17/2017 |
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LETTER addressed to Judge Nelson Stephen Roman from Jonathan B. Nelson dated February 17, 2017 re: Bankruptcy Filing. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
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74 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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ORDER granting in part and denying in part 72 Letter Motion for Discovery. The Court has granted Plaintiff's request for a pre-motion telephone conference. See Docket No. 73. The Court further directs Plaintiffs to produce a privilege log pursuant to the Federal Rules of Civil Procedure, if not already provided, by February 21, 2017. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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73 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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ORDER granting 70 Letter Motion for Pre-Motion Conference. A Pre-Motion Telephone Conference is scheduled for February 24, 2017 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. All parties shall be on the line before contacting chambers. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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72 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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LETTER MOTION for Discovery in Opposition to Plaintiffs' Pre Motion Letter to Compel addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated February 10, 2017. Document filed by 43D5821, Zodiac Industries, Inc..(Kuritzky, Alyson)
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Request |
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71 |
Filed: 2/8/2017, Entered: 2/8/2017 |
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MEMO ENDORSEMENT on 70 LETTER MOTION to Compel Defendants to produce addressed to Magistrate Judge Judith C. McCarthy from Blaine A. Veldhuis dated 02/07/2017. ENDORSEMENT: Defendants are directed to respond to this letter by close of business February 10, 2017. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/8/2017) (lnl)
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Request |
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70 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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LETTER MOTION to Compel Defendants to produce addressed to Magistrate Judge Judith C. McCarthy from Blaine A. Veldhuis dated 02/07/2017. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Veldhuis, Blaine)
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Request |
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Filed: 1/30/2017, Entered: 2/1/2017 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Status Conference held on January 30, 2017. The Court grants Defendants' request to move to file a third-party action and amend their answer and sets the following briefing schedule: (1) Defendants' motion is due by March 3, 2017; (2) Plaintiffs' opposition is due by March 24, 2017, and (3) Defendants' reply, if any, is due by March 31, 2017. The Court also ordered, with agreement from all parties, that the subpoena for Chase bank records is to be narrowed to only include Defendant Zodiac Industries. Next Telephone Conference scheduled for March 20, 2017 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all participants on the line before contacting Chambers. (Court Reporter Courtflow) (jah)
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69 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated January 26, 2017 re: Response to Defendants' Request for a Pre-Motion Conference to Quash Subpoena. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Selwocki, David)
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Request |
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68 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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ORDER granting 67 Letter Motion for Discovery. The issues raised in this letter will be discussed at the in-person conference on January 30, 2017 at 3:00 p.m. in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. Plaintiff is directed to respond to this letter by close of business on January 26, 2017. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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67 |
Filed: 1/23/2017, Entered: 1/23/2017 |
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LETTER MOTION for Discovery Requesting Pre-Motion Conference regarding Motion to Quash addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky, Esq. dated January 23, 2017. Document filed by 43D5821, Zodiac Industries, Inc.. (Attachments: # 1 Exhibit Subpoena)(Kuritzky, Alyson)
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Request |
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66 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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RESCHEDULING NOTICE: The above case previously scheduled for Status Conference on March 10, 2017, is hereby rescheduled until April 7, 2017 at 11:45 am in Courtroom 218 before the Hon. Nelson S. Roman, at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601. (mml)
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Request |
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Filed: 1/11/2017, Entered: 1/24/2017 |
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Set/Reset Hearings: Status Conference set for 1/30/2017 at 03:00 PM before Magistrate Judge Judith C. McCarthy. (lnl)
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65 |
Filed: 1/11/2017, Entered: 1/12/2017 |
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MEMO ENDORSEMENT on re: 64 Letter request to move conference scheduled for January 30, 2017, filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan. ENDORSEMENT: Application granted. The in-person conference on January 30, 2017 is rescheduled to 3:00 p.m. So Ordered., (Status Conference set for 1/30/2017 at 03:00 PM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 1/11/17) (yv)
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Request |
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64 |
Filed: 1/11/2017, Entered: 1/11/2017 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated January 11, 2017 re: Moving conference scheduled for January 30, 2017. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
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63 |
Filed: 1/9/2017, Entered: 1/10/2017 |
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RESCHEDULING ORDER: On January 5, 2016, Judge Nelson S. Roman issued an Amended Order (the "Order") directing the parties to contact this Court in connection with Defendants' request to file a third-party action and to amend their Answer. (Docket No. 62). The telephone conference scheduled for January 30, 2017 at 11:00 a.m. is converted to an in-person conference in Courtroom 421 before the undersigned. At that conference, the Court will address the issues raised in Defendants' December 19, 2016 letters and in Plaintiffs' December 22, 2016 opposition papers regarding Defendants' request to file a third-party action and to amend Defendants' Answer. (Signed by Magistrate Judge Judith C. McCarthy on 1/9/2017) (mml)
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Request |
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62 |
Filed: 1/5/2017, Entered: 1/6/2017 |
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AMENDED ORDER: This Court endorsed two letters from plaintiffs' counsel David J. Selwocki opposing defendants' request to file a third-party action (ECF Doc. No. 54) and to amend defendants' Answer (ECF Doc. No. 55) and scheduled a Pre-Motion Conference for February 15, 2017 at 10:00 am. These issues are properly before Magistrate Judge Judith C. McCarthy pursuant to the Order of Reference for general pretrial purposes (ECF Doc. No. 20). Therefore, the Pre-Motion Conference scheduled for February 15, 2017 before Judge Roman is vacated and the parties are directed to contact Judge McCarthy regarding these issues. (Signed by Judge Nelson Stephen Roman on 1/5/2017) (mml)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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61 |
Filed: 1/4/2017, Entered: 1/5/2017 |
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ORDER: This Court endorsed two letters from defendants' counsel David J. Selwocki seeking leave to file a third-party action (ECF Doc. No. 54) and to amend defendants' Answer (ECF Doc. No. 55) and scheduled a Pre-Motion Conference for February 15, 2017 at 10:00 am. These issues are properly before Magistrate Judge Judith C. McCarthy pursuant to the Order of Reference for general pretrial purposes (ECF Doc. No. 20). Therefore, the Pre-Motion Conference scheduled for February 15, 2017 before Judge Roman is vacated and the parties are directed to contact Judge McCarthy regarding these issues. (Signed by Judge Nelson Stephen Roman on 1/4/2017) (mml)
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Request |
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60 |
Filed: 1/1/2017, Entered: 1/1/2017 |
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ORDER granting in part and denying in part 58 Letter Motion for Extension of Time. The expert discovery deadlines are amended as follows: (1) expert reports shall be served no later than January 17, 2017; (2) rebuttal expert reports shall be served no later than March 14, 2017; and (3) any and all expert depositions shall be conducted no later than March 28, 2017. The deadline to complete all non-expert discovery is March 3, 2017. All other deadlines remain the same. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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59 |
Filed: 12/29/2016, Entered: 12/29/2016 |
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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated 12/29/2016 re: 58 LETTER MOTION for Discovery addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky dated December 28, 2016. LETTER MOTION for Extension of Time addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky dated December 28, 2016. . Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Selwocki, David)
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Request |
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58 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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LETTER MOTION for Discovery addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky dated December 28, 2016., LETTER MOTION for Extension of Time addressed to Magistrate Judge Judith C. McCarthy from Alyson Kuritzky dated December 28, 2016. Document filed by 43D5821, Zodiac Industries, Inc.. (Attachments: # 1 Proposed Amended Civil Scheduling Order)(Kuritzky, Alyson)
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Request |
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57 |
Filed: 12/22/2016, Entered: 12/23/2016 |
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LETTER addressed to Judge Nelson Stephen Roman from Christopher M. Leins, dated 12/22/2016, re: Counsel for Plaintiff Trustees of the Sheet Metal Workers National Pension Fund writes to oppose Defendants' request to commence a third-party action. Document filed by Sheet Metal Workers National Pension Fund. (lnl)
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Request |
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56 |
Filed: 12/22/2016, Entered: 12/23/2016 |
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LETTER addressed to Judge Nelson Stephen Roman from Christopher M. Leins dated 12/22/2016 re: Plaintiff's response pre-motion letter. Document filed by Sheet Metal Workers National Pension Fund. (mml)
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Request |
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55 |
Filed: 12/22/2016, Entered: 12/23/2016 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from David J. Selwocki and Matthew I. Henzi dated 12/22/2016 re: Response to Defendants request for a Pre-motion Conference. ENDORSEMENT: Parties will discuss at pre-motion conference on February 15, 2017 at 10:00am. (Signed by Judge Nelson Stephen Roman on 12/22/2016) (mml)
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Request |
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54 |
Filed: 12/22/2016, Entered: 12/23/2016 |
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ENDORSED LETTER addressed to Judge Nelson Stephen Roman from David J. Selwocki and Matthew I. Henzi dated 12/22/2016 re: Response to Defendants' request for a Pre-motion Conference. ENDORSEMENT: Parties are instructed to appear for pre-motion conference on February 15, 2017 at 10am. (Pre-Motion Conference set for 2/15/2017 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 12/22/2016) (mml)
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Request |
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52 |
Filed: 12/20/2016, Entered: 12/20/2016 |
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SECOND SET OF INTERROGATORIES to Zodiac Industries, Inc. and 43D5821.Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
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53 |
Filed: 12/19/2016, Entered: 12/20/2016 |
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NOTICE OF PARTIAL VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The First Party Defendants and Third Party Plaintiffs, hereby gives notice in accordance with Fed. R. Civ. P. 41(a)(1), of the voluntary dismissal of the Third Party action without order of the court. With respect thereto, the Third Party Plaintiffs state that no answer or motion for summary judgment has been received by counsel for the Third Party Plaintiffs. Such dismissal is without prejudice and is not on the merits. (Signed by Judge Nelson Stephen Roman on 12/19/2016) (mml)
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Request |
 |
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Filed: 12/19/2016, Entered: 12/19/2016 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on December 19, 2016. The Court denies defendants' request for an extension of discovery deadlines. Next Telephone Conference scheduled for January 30, 2017 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah)
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 |
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51 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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THIRD PARTY COMPLAINT against Local Union No. 38 Sheet Metal Workers International Association, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers National Pension Fund, Sheet Metal Workers Local 38 Craft Training Building Fund.Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
 |
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50 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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RESCHEDULING NOTICE: The above case previously scheduled for a Status Conference on February 10, 2017, is hereby rescheduled until March 10, 2017 at 11:30 am in Courtroom 218 before the Hon. Nelson S. Roman, at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601. (mml)
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Request |
 |
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49 |
Filed: 12/2/2016, Entered: 12/2/2016 |
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CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is not to be tried to a jury. Joinder of Parties due by 12/30/2016. Amended Pleadings due by 12/30/2016. Non-expert Depositions due by 2/13/2017. Expert Deposition due by 2/1/2017. All Discovery due by 3/3/2017. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/1/2016) (lnl)
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Request |
 |
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48 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated November 29, 2016 re: Response to Defendant's letter of November 28, 2016. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
 |
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47 |
Filed: 11/28/2016, Entered: 11/28/2016 |
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FIRST LETTER addressed to Magistrate Judge Judith C. McCarthy from Michael D. Hess dated November 28, 2016 re: Amended Civil Case Discovery Plan and Scheduling Order. Document filed by 43D5821, Zodiac Industries, Inc..(Kuritzky, Alyson)
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Request |
 |
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46 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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ORDER granting in part and denying in part 42 Letter Motion for Extension of Time to File Response/Reply. Plaintiffs' request that the current discovery deadlines remain unchanged is denied, and Defendants' request to extend all discovery deadlines sixty days is denied in part and granted in part. The deadlines for joinder of additional parties and amended pleadings remain December 30, 2016. The deadline to complete all discovery is extended to March 3, 2017. The parties shall meet and confer regarding all other discovery deadlines and submit a proposed Amended Civil Case Discovery Plan and Scheduling Order to the Court by November 29, 2016. The Clerk is respectfully requested to terminate the pending motion. (Docket No. 42). (Signed by Magistrate Judge Judith C. McCarthy on 11/17/2016) (mml)
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Request |
 |
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Filed: 11/17/2016, Entered: 11/18/2016 |
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Set/Reset Deadlines: Amended Pleadings due by 12/30/2016. Discovery due by 3/3/2017. Joinder of Parties due by 12/30/2016. (mml)
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45 |
Filed: 11/15/2016, Entered: 11/16/2016 |
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CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Zodiac Industries, Inc. and 43D5821 substitute Jonathan Nelson, Esq. as counsel of record in place of Jonathan Arfa. Attorney Jonathan Paul Arfa terminated. (Signed by Judge Nelson Stephen Roman on 11/15/2016) (mml)
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Request |
 |
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44 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE OF APPEARANCE by Alyson Leigh Kuritzky on behalf of 43D5821, Zodiac Industries, Inc.. (Kuritzky, Alyson)
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Request |
 |
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43 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE OF APPEARANCE by Jonathan Brett Nelson on behalf of 43D5821, Zodiac Industries, Inc.. (Nelson, Jonathan)
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Request |
 |
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42 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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MOTION for Extension of Time to File Response/Reply as to 40 Letter . Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
 |
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41 |
Filed: 11/14/2016, Entered: 11/15/2016 |
 |
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ORDER FOR ADMISSION PRO HAC VICE granting 35 Motion for Christopher Michael Leins to Appear Pro Hac Vice. The Clerk of the Court is requested to terminate the motion (doc. 35). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/14/2016) (mml)
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Request |
 |
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40 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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SUPPLEMENTAL LETTER addressed to Magistrate Judge Judith C. McCarthy from Michael D. Hess dated November 14, 2016 re: Substitution of Counsel & Discovery Extension. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
 |
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39 |
Filed: 11/11/2016, Entered: 11/11/2016 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from Michael D. Hess dated November 11, 2016 re: Substitution of Counsel & Discovery Extension. Document filed by 43D5821, Zodiac Industries, Inc..(Nelson, Jonathan)
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Request |
 |
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38 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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LETTER addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated November 10, 2016 re: Whether substitution of defendants' attorney will delay matter beyond deadlines. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
 |
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37 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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NOTICE of Substitution of Attorney. Old Attorney: Jonathan Arfa, New Attorney: Jonathan B. Nelson, Address: Dorf & Nelson LLP, 555 Theodore Fremd Avenue, Suite A300, Rye, New York, United States 10580, 914-381-7600. Document filed by 43D5821, Zodiac Industries, Inc.. (Nelson, Jonathan)
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Request |
 |
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36 |
Filed: 10/27/2016, Entered: 10/27/2016 |
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ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues. the following procedures will be followed for the resolution of discovery disputes as set forth. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 10/27/2016) (See ORDER as set forth) (lnl)
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Request |
 |
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Filed: 10/27/2016, Entered: 10/27/2016 |
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Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Status Conference held on October 27, 2016. Next Telephone Conference scheduled for December 19, 2016 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (Court Reporter Courtflow) (jah)
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 |
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Filed: 10/26/2016, Entered: 10/26/2016 |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 35 MOTION for Christopher Michael Leins to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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35 |
Filed: 10/26/2016, Entered: 10/26/2016 |
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MOTION for Christopher Michael Leins to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheet Metal Workers National Pension Fund. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Leins, Christopher)
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Request |
 |
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34 |
Filed: 10/19/2016, Entered: 10/20/2016 |
 |
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ORDER FOR ADMISSION PRO HAC VICE granting 30 Motion for Blaine Andrew Veldhuis to Appear Pro Hac Vice. The Clerk of the Court is requested to terminate the motion (doc. 30). (Signed by Judge Nelson Stephen Roman on 10/19/2016) (mml)
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Request |
 |
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33 |
Filed: 10/19/2016, Entered: 10/19/2016 |
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RESPONSE to Interrogatories.Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
 |
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Filed: 10/19/2016, Entered: 10/19/2016 |
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|
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 32 MOTION for Christopher Michael Leins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12890085. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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 |
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32 |
Filed: 10/19/2016, Entered: 10/19/2016 |
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MOTION for Christopher Michael Leins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12890085. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheet Metal Workers National Pension Fund. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Leins, Christopher)
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Request |
 |
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31 |
Filed: 10/17/2016, Entered: 10/17/2016 |
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|
RESPONSE to Discovery Request from David J. Selwocki.Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
 |
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|
Filed: 10/4/2016, Entered: 10/4/2016 |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 MOTION for Blaine Andrew Veldhuis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12831373. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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 |
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30 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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MOTION for Blaine Andrew Veldhuis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12831373. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Attachments: # 1 Cert Good Standing, # 2 Supplement Proposed Order)(Veldhuis, Blaine)
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Request |
 |
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29 |
Filed: 9/21/2016, Entered: 9/22/2016 |
 |
|
MEMO ENDORSED ORDER granting 26 Letter Motion for Conference re: 26 LETTER MOTION for Conference re: 22 Scheduling Order addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated September 20, 2016. SO ORDERED. Application Granted. Plaintiffs' counsel may appear by telephone. (Signed by Magistrate Judge Judith C. McCarthy on 9/21/2016) (rj)
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|
Request |
 |
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28 |
Filed: 9/21/2016, Entered: 9/21/2016 |
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NOTICE of Initial 26(a) Disclosure. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund. (Selwocki, David)
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Request |
 |
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27 |
Filed: 9/21/2016, Entered: 9/21/2016 |
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|
NOTICE of Rule 26 Disclosure. Document filed by 43D5821, Zodiac Industries, Inc.. (Arfa, Jonathan)
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|
Request |
 |
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26 |
Filed: 9/20/2016, Entered: 9/20/2016 |
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|
LETTER MOTION for Conference re: 22 Scheduling Order addressed to Magistrate Judge Judith C. McCarthy from David J. Selwocki dated September 20, 2016. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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Request |
 |
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25 |
Filed: 9/20/2016, Entered: 9/20/2016 |
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|
FIRST SET OF INTERROGATORIES to All Plaintiffs.Document filed by 43D5821, Zodiac Industries, Inc..(Arfa, Jonathan)
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Request |
 |
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24 |
Filed: 9/16/2016, Entered: 9/16/2016 |
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|
REQUEST for Production of Documents.Document filed by 43D5821, Zodiac Industries, Inc..(Arfa, Jonathan)
|
|
Request |
 |
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23 |
Filed: 9/16/2016, Entered: 9/16/2016 |
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|
REQUEST for Admissions.Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Selwocki, David)
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|
Request |
 |
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22 |
Filed: 9/14/2016, Entered: 9/15/2016 |
 |
|
SCHEDULING ORDER: Status Conference set for 10/27/2016 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 9/13/2016) (rj)
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Request |
 |
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21 |
Filed: 9/7/2016, Entered: 9/7/2016 |
 |
|
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. ยง 636(c). This case is not to be tried to a jury. Amended Pleadings due by 12/30/2016. Joinder of Parties due by 12/30/2016. Deposition due by 1/31/2017. Discovery due by 1/31/2017. Case Management Conference set for 2/10/2017 at 11:30 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 9/7/2016) (mml)
|
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Request |
 |
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20 |
Filed: 9/7/2016, Entered: 9/7/2016 |
 |
|
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Nelson Stephen Roman on 9/7/2016) (mml)
|
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Request |
 |
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|
Filed: 9/7/2016, Entered: 9/7/2016 |
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|
Minute Entry for proceedings held before Judge Nelson Stephen Roman: Initial Pretrial Conference held on 9/7/2016. Plaintiffs counsel appeared by telephone and Defendants counsel present. Case Management Plan signed. The Court issued an Order of Reference to U.S. Magistrate Judge Judith C. McCarthy for general pretrial purposes. Discovery cutoff is January 31, 2017. Status conference scheduled for February 10, 2017 at 11:30 am. ( Discovery due by 1/31/2017., Status Conference set for 2/10/2017 at 11:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.). (gs)
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 |
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19 |
Filed: 8/22/2016, Entered: 8/23/2016 |
 |
|
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from David J. Selwocki dated 8/22/2016 re: Counsel requests to appear at the 9/7/2016 Initial Conference via telephone. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 8/22/2016) (mml)
|
|
Request |
 |
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18 |
Filed: 8/4/2016, Entered: 8/5/2016 |
 |
|
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from David J. Selwocki dated 8/3/2016 re: Counsel requests an adjournment of the Initial Conference. ENDORSEMENT: The application is granted. In-person Initial Pre-trial Conference rescheduled from Aug. 5, 2016 until Sept. 7, 2016 at 11:45am. (Initial Conference set for 9/7/2016 at 11:45 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 8/4/2016) (mml)
|
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Request |
 |
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17 |
Filed: 8/1/2016, Entered: 8/2/2016 |
 |
|
NOTICE OF INITIAL COURT CONFERNECE: Initial Conference set for 8/5/2016 at 11:15 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (mml)
|
|
Request |
 |
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16 |
Filed: 5/3/2016, Entered: 5/3/2016 |
|
|
ANSWER to Complaint with JURY DEMAND. Document filed by 43D5821, Zodiac Industries, Inc..(Arfa, Jonathan)
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|
Request |
 |
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15 |
Filed: 4/19/2016, Entered: 4/19/2016 |
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|
AFFIDAVIT OF SERVICE of Summons and Complaint,,. 43D5821 served on 4/8/2016, answer due 5/23/2016. Service was accepted by Corinne 43D5821. Document filed by Sheet Metal Workers National Pension Fund; Sheet Metal International Association Local No. 38 Individual Vacation Account Fund; Sheet Metal Workers Local 38 Craft Training Building Fund; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers Local 38 Labor Management Committee and Trust; Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David)
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Request |
 |
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14 |
Filed: 4/14/2016, Entered: 4/14/2016 |
|
|
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Service was made by email - Jonathan Arfa, Esq.. Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David)
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Request |
 |
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13 |
Filed: 4/8/2016, Entered: 4/8/2016 |
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|
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Zodiac Industries, Inc. served on 4/4/2016, answer due 5/23/2016. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Sheet Metal Workers National Pension Fund; Sheet Metal International Association Local No. 38 Individual Vacation Account Fund; Sheet Metal Workers Local 38 Craft Training Building Fund; Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan; Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund; Sheet Metal Workers Local 38 Labor Management Committee and Trust; Sheet Metal Workers Local 38 Craft Training Fund. (Selwocki, David)
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|
Request |
 |
|
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12 |
Filed: 3/31/2016, Entered: 3/31/2016 |
|
|
NOTICE OF APPEARANCE by Jonathan Paul Arfa on behalf of 43D5821, Zodiac Industries, Inc.. (Arfa, Jonathan)
|
|
Request |
 |
|
|
11 |
Filed: 3/31/2016, Entered: 3/31/2016 |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Zodiac Industries, Inc..(Arfa, Jonathan)
|
|
Request |
 |
|
|
10 |
Filed: 3/31/2016, Entered: 3/31/2016 |
|
|
NOTICE OF APPEARANCE by Jonathan Paul Arfa on behalf of 43D5821, Zodiac Industries, Inc.. (Arfa, Jonathan)
|
|
Request |
 |
|
|
7 |
Filed: 3/23/2016, Entered: 3/23/2016 |
|
|
WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by 43D5821, Zodiac Industries, Inc.. (Arfa, Jonathan)
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|
Request |
 |
|
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9 |
Filed: 3/22/2016, Entered: 3/23/2016 |
|
|
ELECTRONIC SUMMONS ISSUED as to 43D5821. (sj)
|
|
Request |
 |
|
|
8 |
Filed: 3/22/2016, Entered: 3/23/2016 |
|
|
ELECTRONIC SUMMONS ISSUED as to Zodiac Industries, Inc.. (sj)
|
|
Request |
 |
|
|
|
Filed: 3/22/2016, Entered: 3/23/2016 |
|
|
Case Designated ECF. (sj)
|
|
|
 |
|
|
|
Filed: 3/22/2016, Entered: 3/23/2016 |
|
|
Magistrate Judge Judith C. McCarthy is so designated. (sj)
|
|
|
 |
|
|
|
Filed: 3/22/2016, Entered: 3/23/2016 |
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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. (sj)
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|
|
 |
|
|
6 |
Filed: 3/22/2016, Entered: 3/22/2016 |
|
|
NOTICE OF APPEARANCE by David Jules Selwocki on behalf of Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Selwocki, David)
|
|
Request |
 |
|
|
5 |
Filed: 3/22/2016, Entered: 3/22/2016 |
|
|
REQUEST FOR ISSUANCE OF SUMMONS as to 43D5821, re: 1 Complaint,,. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Henzi, Matthew)
|
|
Request |
 |
|
|
4 |
Filed: 3/22/2016, Entered: 3/22/2016 |
|
|
REQUEST FOR ISSUANCE OF SUMMONS as to Zodiac Industries, Inc., re: 1 Complaint,,. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund. (Henzi, Matthew)
|
|
Request |
 |
|
|
3 |
Filed: 3/22/2016, Entered: 3/22/2016 |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers Local 38 Craft Training Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers National Pension Fund.(Henzi, Matthew)
|
|
Request |
 |
|
|
2 |
Filed: 3/22/2016, Entered: 3/22/2016 |
|
|
CIVIL COVER SHEET filed. (Henzi, Matthew)
|
|
Request |
 |
|
|
1 |
Filed: 3/22/2016, Entered: 3/22/2016 |
|
|
COMPLAINT against 43D5821, Zodiac Industries, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12093296)Document filed by Sheet Metal Workers National Pension Fund, Sheet Metal International Association Local No. 38 Individual Vacation Account Fund, Sheet Metal Workers Local 38 Craft Training Building Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Local 38 Labor Management Committee and Trust, Sheet Metal Workers Local 38 Craft Training Fund.(Henzi, Matthew)
|
|
Request |
 |