Petri v. Sheet Metal Workers National Pension Fund et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:07-cv-06142-JGK
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Summary

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Parties
No Logo John Petri, Plaintiff
v.
No Logo Sheet Metal Workers' National Pension Fund, Defendant

Represented by SLEVIN & HART, PC

Name Phone Fax E-Mail
Space Brian J. Petruska +1 202 797 8700 +1 202 234 8231 bjp@slevinhart.com
Space Christopher Shulte +1 202 797 8700 +1 202 234 8231

Represented by Spivak Lipton Watanabe Spivak & Moss LLP

Name Phone Fax E-Mail
Space Adrienne Lisa Saldana +1 212 765 2100 +1 212 541 5429 asaldana@spivak-lipton.com
No Logo The Board of Trustees of the Sheet Metal Workers National Pension Fund, Defendant

Represented by SLEVIN & HART, PC

Name Phone Fax E-Mail
Space Brian J. Petruska +1 202 797 8700 +1 202 234 8231 bjp@slevinhart.com
Space Christopher Shulte +1 202 797 8700 +1 202 234 8231

Represented by Spivak Lipton Watanabe Spivak & Moss LLP

Name Phone Fax E-Mail
Space Adrienne Lisa Saldana +1 212 765 2100 +1 212 541 5429 asaldana@spivak-lipton.com
Attributes
Office Foley Square
Filed 6/29/2007
Jury Demand None
Demand
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1001 E.R.I.S.A.
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CASREF, ECF
Timeline
  Entries (62) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 57 Filed: 7/14/2010, Entered: 7/14/2010 Memorandum and Opinion
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Legal Document (Payment Possibly Required) 56 Filed: 4/30/2010, Entered: 4/30/2010 Notice of Appearance
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Legal Document (Payment Possibly Required) 55 Filed: 4/29/2010, Entered: 4/29/2010 Order
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Legal Document (Payment Possibly Required) 54 Filed: 4/23/2010, Entered: 4/23/2010 Status Report
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Legal Document (Payment Possibly Required) 53 Filed: 4/12/2010, Entered: 4/12/2010 ~Notice (other)
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Legal Document (Payment Possibly Required) 52 Filed: 4/9/2010, Entered: 4/9/2010 Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 51 Filed: 3/31/2010, Entered: 3/31/2010 Notice of Appearance
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Legal Document (Payment Possibly Required) 50 Filed: 3/23/2010, Entered: 3/24/2010 Notice of Hearing.
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Legal Document (Payment Possibly Required) 49 Filed: 1/26/2010, Entered: 1/26/2010 Order
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Legal Document (Payment Possibly Required) 48 Filed: 12/23/2009, Entered: 12/23/2009 Order
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Legal Document (Payment Possibly Required) 47 Filed: 11/23/2009, Entered: 11/23/2009 Reply Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 46 Filed: 11/9/2009, Entered: 11/9/2009 Declaration in Opposition to Motion
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Legal Document (Payment Possibly Required) 45 Filed: 11/9/2009, Entered: 11/9/2009 Declaration in Opposition to Motion
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Legal Document (Payment Possibly Required) 44 Filed: 11/9/2009, Entered: 11/9/2009 Memorandum of Law in Opposition to Motion
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Legal Document (Payment Possibly Required) 43 Filed: 10/29/2009, Entered: 10/29/2009 Stipulation and Order
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Legal Document (Payment Possibly Required) 42 Filed: 10/13/2009, Entered: 10/13/2009 Declaration in Support of Motion
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Legal Document (Payment Possibly Required) 41 Filed: 10/13/2009, Entered: 10/13/2009 Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 40 Filed: 10/13/2009, Entered: 10/13/2009 Motion for Attorney Fees
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Legal Document (Payment Possibly Required) 39 Filed: 10/3/2009, Entered: 10/3/2009 Bill of Costs
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Legal Document (Payment Possibly Required) 38 Filed: 9/29/2009, Entered: 9/29/2009 Clerks Judgment
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Blank 37 Filed: 9/28/2009, Entered: 9/28/2009 Memorandum and Opinion
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Legal Document (Payment Possibly Required) 36 Filed: 9/21/2009, Entered: 9/21/2009 Order
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Legal Document (Payment Possibly Required) 35 Filed: 8/11/2009, Entered: 8/11/2009 Order
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Legal Document (Payment Possibly Required) 34 Filed: 12/10/2008, Entered: 12/10/2008 Counter Statement to Rule 56.1
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Legal Document (Payment Possibly Required) 33 Filed: 12/10/2008, Entered: 12/10/2008 Reply Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 32 Filed: 11/21/2008, Entered: 11/21/2008 Declaration in Opposition to Motion
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Legal Document (Payment Possibly Required) 31 Filed: 11/21/2008, Entered: 11/21/2008 Affidavit in Opposition to Motion
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Legal Document (Payment Possibly Required) 30 Filed: 11/21/2008, Entered: 11/21/2008 Rule 56.1 Statement
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Legal Document (Payment Possibly Required) 29 Filed: 11/21/2008, Entered: 11/21/2008 Memorandum of Law in Opposition to Motion
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Legal Document (Payment Possibly Required) 28 Filed: 11/17/2008, Entered: 11/17/2008 Stipulation and Order
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Legal Document (Payment Possibly Required) 27 Filed: 10/8/2008, Entered: 10/8/2008 Stipulation and Order
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Legal Document (Payment Possibly Required) 26 Filed: 10/6/2008, Entered: 10/6/2008 Stipulation and Order
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Blank 25 Filed: 9/29/2008, Entered: 9/29/2008 Rule 56.1 Statement
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Legal Document (Payment Possibly Required) 24 Filed: 9/26/2008, Entered: 9/26/2008 Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 23 Filed: 9/26/2008, Entered: 9/26/2008 Declaration in Support of Motion
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Legal Document (Payment Possibly Required) 22 Filed: 9/26/2008, Entered: 9/26/2008 Motion for Summary Judgment
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Legal Document (Payment Possibly Required) 21 Filed: 9/26/2008, Entered: 9/26/2008 Motion for Summary Judgment
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Legal Document (Payment Possibly Required) 20 Filed: 9/19/2008, Entered: 9/19/2008 Order
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Endorsed Letter with OCR 19 Filed: 9/10/2008, Entered: 9/10/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Marc Rifkind dated 9/8/08 re: Defendants Sheet Metal Workers' National Pension Fund, et al oppose Plaintiff John Petri's request for yet another extension of the discovery period. ENDORSEMENT: The plaintiff can take the single deposition of Mr. Colombo without otherwise extending the discovery period. (Signed by Judge John G. Koeltl on 9/9/08) (tro)
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Blank -- Filed: 6/26/2008, Entered: 6/26/2008 Cashiers Remark
CASHIERS OFFICE REMARK on [17] Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 06/19/2008, Receipt Number 654563. (jd)
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Order Admitting Attorney Pro Hac Vice with OCR 17 Filed: 6/25/2008, Entered: 6/25/2008 Order Admitting Attorney Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HACE VICE ON WRITTEN NOTICE: Christopher J. Schulte, is permitted to argue or try this particular case in whole or in part as counsel or advocate. (Signed by Judge John G. Koeltl on 6/24/2008) (jfe)
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Blank -- Filed: 6/25/2008, Entered: 6/25/2008 Transmission to Attorney Admissions Clerk
Transmission to Attorney Admissions Clerk. Transmitted re: [17] Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (rw)
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Motion to Appear Pro Hac Vice with OCR 18 Filed: 6/19/2008, Entered: 6/25/2008 Motion to Appear Pro Hac Vice
MOTION for Christopher J. Shulte to Appear Pro Hac Vice. Document filed by Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund.(rw)
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Scheduling Order with OCR 16 Filed: 6/19/2008, Entered: 6/19/2008 Scheduling OrderCourt Filing
REVISED SCHEDULING ORDER: Dispositive motions, if any, are to be completed by 9/14/2008. A joint pretrial order, together with any motions in limine or motions to bifurcate, shall be submitted by 10/6/2008. Except for good cause shown, all discovery, including expert discovery, shall be commenced in time to be completed by 8/18/2008. The parties shall be ready for trial on 48 hours notice on or after 10/20/08. The estimated time for trial is 2 days, and this is a non-jury trial. (Signed by Judge John G. Koeltl on 6/19/2008) (tve) Modified on 7/10/2008 (tve).
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Scheduling Order with OCR 15 Filed: 6/18/2008, Entered: 6/18/2008 Scheduling OrderCourt Filing
REVISED CIVIL SCHEDULING ORDER: Amended Pleadings due by 12/21/2007. Joinder of Parties due by 12/7/2007. Dispositive Motions due by 9/14/2008. Discovery due by 8/18/2008. Joint Pretrial Order due by 10/6/2008. Ready for Trial by 10/20/2008, on 48 hours notice. Non jury trial, 2 days. (Signed by Judge John G. Koeltl on 6/17/08) (cd)
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Endorsed Letter with OCR 14 Filed: 6/3/2008, Entered: 6/3/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from William D. Frumkin dated 6/2/08 re: Counsel for Plaintiff write to the Court in advance of the deposition of Debbie Elkins, the Pension Manager of Defendant Sheet Metal Workers National Pension Fund, scheduled for 6/5/08, to resolve the issue of the location of her deposition. Counsel also seeks a 60-day extension of the discovery deadline. ENDORSEMENT: 1. If Ms. Elkins requests that her deposition be taken in Washington, D.C., and she lives and works in or near there, that should be the place for the deposition and no costs or fees should be imposed for conducting the deposition there. 2. A sixty day extension is reasonable. The parties should submit a revised scheduling order to the Court. (Signed by Judge John G. Koeltl on 6/2/08) (tro)
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Scheduling Order with OCR 13 Filed: 3/18/2008, Entered: 3/18/2008 Scheduling OrderCourt Filing
REVISED CIVIL SCHEDULING ORDER: Joinder of Parties due by 12/7/2007. Discovery due by 6/18/2008. Motions in limine due by 8/6/2008. Dispositive motions due 7/16/08. Pretrial Order due by 8/6/2008. Ready for Trial by 8/20/2008. (Signed by Judge John G. Koeltl on 3/17/08) (js)
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Endorsed Letter with OCR 12 Filed: 3/5/2008, Entered: 3/5/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from William D. Frumkin dated 4/4/2008 re: Requesting a sixty day extension of the discovery cut off to June 18, 2008. ENDORSEMENT: Application granted. The parties should submit a revised scheduling order by March 18, 2008. So Ordered. (Signed by Judge John G. Koeltl on 3/4/2008) (jpo)
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Order with OCR 11 Filed: 2/8/2008, Entered: 2/8/2008 OrderCourt Filing
ORDER: The application by Victoria Quesada, Esq., to withdraw as counsel for the plaintiff is granted. Ms. Quesada should provide a copy of this Order to the plaintiff and file proof of service with the Court by 2/14/08. the plaintiff is directed to substitute new counsel by 3/14/08. Alternatively, the plaintiff may file a notice that he is appearing pro se together with the address at which the papers can be served and a telephone number. If plaintiff fails to appear by new counsel or pro se by March 14, 2008, this action may be dismissed without prejudice for failure to prosecute. (Signed by Judge John G. Koeltl on 2/7/08) (tro)
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Endorsed Letter with OCR 10 Filed: 1/14/2008, Entered: 1/14/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Christopher J. Schulte dated 1/11/08 re: The parties request an adjournment of the settlement conference currently scheduled for 1/14/08. ENDORSEMENT: The settlement conference is adjourned to March 10, 2008 at 2:00PM. ( Settlement Conference set for 3/10/2008 at 02:00 PM before Magistrate Judge Theodore H. Katz.) (Signed by Magistrate Judge Theodore H. Katz on 1/14/08) (tro)
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Answer to Amended Complaint with OCR 9 Filed: 12/13/2007, Entered: 12/13/2007 Answer to Amended Complaint
ANSWER to Amended Complaint. Document filed by Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund.(Petruska, Brian)
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Amended Complaint with OCR 8 Filed: 11/27/2007, Entered: 12/6/2007 Amended Complaint
AMENDED COMPLAINT amending [1] Complaint, against Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund. Document filed by John Petri. Related document: [1] Complaint, filed by John Petri. (jco)
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Scheduling Order with OCR 7 Filed: 10/24/2007, Entered: 10/24/2007 Scheduling OrderCourt Filing
CIVIL SCHEDULING ORDER: Initial Disclosures by 11/9/07. Joinder of Parties due by 12/7/2007. Additional defenses due by 12/21/2007. Dispositive Motions due by 5/16/2008. Discovery, including expert discovery due by 4/18/2008. Pretrial Order/Motions in Limine due by 6/6/2008. The parties shall be Ready for Trial on 48 hours notice on or after 6/20/2008. The estimated trial time is 2 days, and this a non-jury trial. The case is referred to the Magistrate Judge for purposes of settlement. The parties will notify Court by 12/7/07 whether they consent to trial before a Magistrate Judge. (Signed by Judge John G. Koeltl on 10/23/07) (tro)
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Order Referring Case to Magistrate Judge with OCR 6 Filed: 10/24/2007, Entered: 10/24/2007 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge John G. Koeltl on 10/23/07) (tro)
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Notice of Appearance with OCR 5 Filed: 10/22/2007, Entered: 10/22/2007 Notice of Appearance
NOTICE OF APPEARANCE by Adrienne Lisa Saldana on behalf of Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund (Saldana, Adrienne)
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Rule 7.1 Corporate Disclosure Statement with OCR 4 Filed: 8/14/2007, Entered: 8/14/2007 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund.(Petruska, Brian)
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Answer with OCR 3 Filed: 8/13/2007, Entered: 8/13/2007 Answer
ANSWER to Complaint. Document filed by Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund.(Petruska, Brian)
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Affidavit of Service Complaints with OCR 2 Filed: 7/23/2007, Entered: 7/23/2007 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE. Sheet Metal Workers National Pension Fund served on 7/13/2007, answer due 8/2/2007. Service was accepted by Vanessa Hamilton. Document filed by John Petri. (Quesada, Victoria)
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Complaint with OCR 1 Filed: 6/29/2007, Entered: 7/5/2007 Complaint
COMPLAINT against Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund. (Filing Fee $ 350.00, Receipt Number 619615)Document filed by John Petri.(mbe) Additional attachment(s) added on 7/6/2007 (Aquino, Lourdes).
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Blank -- Filed: 6/29/2007, Entered: 7/5/2007 Case Designated ECF.
Case Designated ECF. (mbe)
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Blank -- Filed: 6/29/2007, Entered: 7/5/2007 Case Designation
Magistrate Judge Theodore H. Katz is so designated. (mbe)
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Blank -- Filed: 6/29/2007, Entered: 7/5/2007 Summons Issued
SUMMONS ISSUED as to Sheet Metal Workers National Pension Fund, The Board of Trustees of the Sheet Metal Workers National Pension Fund. (mbe)
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