Masino v. Canal Asphalt, Inc.

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:10-cv-02901
District Judge Sandra L. Townes, presiding
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District Judge Sandra L. Townes
Last Updated January 20, 2019 at 6:37 AM EST (6.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anthony Fasulo, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
No Logo Francisco Fernandez, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
No Logo James Kilkenny, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
No Logo Keith Loscalzo, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
No Logo Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Training Funds, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
No Logo Philip A. Faicco, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
No Logo Vincent Masino, Plaintiff

Represented by Virginia & Ambinder, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Marc Alan Tenenbaum +1 212 943 9080 +1 212 943 9082 mtenenbaum@bivas.net
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R. Virginia +1 212 943 9080 +1 212 943 9082 cvirginia@vandallp.com
v.
No Logo Canal Asphalt, Inc., Defendant

Represented by Archer & Greiner, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Joel G. MacMull +1 201 342 6000 +1 201 342 6611 jmacmull@archerlaw.com

Represented by Goetz Fitzpatrick LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Donald J. Carbone +1 212 695 8100 +1 212 629 4013 dcarbone@goetzfitz.com
No Logo Core Contracting of NY LLC, Defendant

Represented by Archer & Greiner, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Joel G. MacMull +1 201 342 6000 +1 201 342 6611 jmacmull@archerlaw.com
Attributes
Citation Section 29 U.S.C. § 1001
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (18) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 15 Filed: 2/16/2011, Entered: None Unknown Document TypeCourt Filing
ENDORSED 14 (Attachment#1) STIPULATION AND ORDER. So Ordered by Judge Sandra L. Townes on 2/15/2011. (Manuel, Germaine) (Entered: 02/16/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 2/11/2011, Entered: None Unknown Document Type
MOTION to Adjourn Conference, MOTION for Settlement by Canal Asphalt, Inc., Core Contracting of NY LLC. (Attachments: # 1 Proposed Order) (MacMull, Joel) (Entered: 02/11/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 1/31/2011, Entered: None Unknown Document Type
MEMORANDUM in Support of Order to Show Cause for Entry of an Order Re-Opening the Action filed by Canal Asphalt, Inc.. (Carbone, Donald) (Entered: 01/31/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 1/31/2011, Entered: None Unknown Document Type
NOTICE of Appearance by Donald J. Carbone on behalf of Canal Asphalt, Inc. (aty to be noticed) (Carbone, Donald) (Entered: 01/31/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 1/30/2011, Entered: None Unknown Document Type
RESPONSE TO ORDER TO SHOW CAUSE by Philip A. Faicco, Anthony Fasulo, Francisco Fernandez, James Kilkenny, Keith Loscalzo, Vincent Masino (Attachments: # 1 Exhibit 1 - Canal's Remittance Report, # 2 Exhibit 2 - Canal's Check, # 3 Exhibit 3 - Settlement Agreement in Previous Action, # 4 Exhibit 4 - Bank's Response to Information Subpoena) (Tenenbaum, Marc) (Entered: 01/30/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 1/25/2011, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER TO SHOW CAUSE, ordering plaintiff to show cause as to why an order should not be granted staying enforcement of the judgment. Ordered by Judge Sandra L. Townes on 1/24/2011. (Manuel, Germaine) (Entered: 01/25/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 1/24/2011, Entered: None Unknown Document Type
Notice of MOTION to Set Aside Default Judgment by Canal Asphalt, Inc., Core Contracting of NY LLC. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Memorandum in Support) (MacMull, Joel) (Entered: 01/24/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 1/21/2011, Entered: None Unknown Document Type
NOTICE of Appearance by Joel Geoffrey MacMull on behalf of Canal Asphalt, Inc., Core Contracting of NY LLC (aty to be noticed) (MacMull, Joel) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required)  Filed: 1/21/2011, Entered: None Unknown Document Type
Judge Sandra L. Townes randomly assigned. Senior Judge David G. Trager no longer assigned to case. (Brown, Marc)
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Legal Document (Payment Possibly Required) 7 Filed: 9/16/2010, Entered: None Unknown Document TypeCourt Filing
DEFAULT JUDGMENT. Ordered by Senior Judge David G. Trager on 9/15/2010. (Siegfried, Evan) (Entered: 09/16/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 9/2/2010, Entered: None Unknown Document Type
Clerk's ENTRY OF DEFAULT as to Canal Asphalt, Inc., Core Contracting of NY LLC,pursuant to Rule 55(a) of the Federal Rulesof Civil Procedure. (Hamilton, Janet) (Entered: 09/02/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 9/2/2010, Entered: None Unknown Document Type
MOTION for Default Judgment as to Canal Asphalt, Inc. and Core Contracting of NY LLC by Philip A. Faicco, Anthony Fasulo, Francisco Fernandez, James Kilkenny, Keith Loscalzo, Vincent Masino, Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Training Funds. (Attachments: # 1 Default Certificate, # 2 Request for Entry of Default, # 3 Declaration, # 4 Exhibit A - 2007 Judgment, # 5 Exhibit B - 2008 Judgment, # 6 Exhibit C - CBA, # 7 Exhibit D - Billing History) (Virginia, Charles) (Entered: 09/02/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 8/30/2010, Entered: None Unknown Document TypeCourt Filing
ORDER:A review of the docket entries in this action indicates that there has been no activity in this case since the summons was returned executed on 07/08/2010. No later than September 2, 2010 one of the following events must occur: (a) the parties must file a stipulation extending the defendants time to answer, (b) the plaintiff must file a motion for the entry of a notation of default or (c) the defendant must file an answer. If, none of the preceding events occurs by the deadlines set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. The plaintiffs counsel is directed to provide a copy of this order to his client and to the defendant. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/30/2010. (Vertus, Miriam) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 7/8/2010, Entered: None Unknown Document Type
SUMMONS Returned Executed by Anthony Fasulo, Philip A. Faicco, James Kilkenny, Keith Loscalzo, Vincent Masino, Francisco Fernandez. Canal Asphalt, Inc. served on 6/28/2010, answer due 7/19/2010. (Virginia, Charles) (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 7/8/2010, Entered: None Unknown Document Type
SUMMONS Returned Executed by Anthony Fasulo, Philip A. Faicco, James Kilkenny, Keith Loscalzo, Vincent Masino, Francisco Fernandez. Core Contracting of NY LLC served on 6/28/2010, answer due 7/19/2010. (Virginia, Charles) (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required)  Filed: 6/23/2010, Entered: None Unknown Document Type
FILING FEE: $ 350, receipt number 4653016506 (Bowens, Priscilla)
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Legal Document (Payment Possibly Required)  Filed: 6/23/2010, Entered: None Unknown Document Type
Summons Issued as to Canal Asphalt, Inc., Core Contracting of NY LLC. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required) 1 Filed: 6/23/2010, Entered: None Unknown Document Type
COMPLAINT against Canal Asphalt, Inc., Core Contracting of NY LLC Disclosure Statement on Civil Cover Sheet completed -no,, filed by Anthony Fasulo, Philip A. Faicco, Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Training Funds, James Kilkenny, Keith Loscalzo, Vincent Masino, Francisco Fernandez. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 06/24/2010)
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