Kilkenny v. Tri-Messine Construction Co. Inc. et al
New York Eastern District Court | |
Judge: | Gary R Brown |
Referred: | A Kathleen Tomlinson |
Case #: | 2:17-cv-03754 |
Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
Cause | 28:1132 E.R.I.S.A. |
Case Filed: | Jun 21, 2017 |
Terminated: | Feb 12, 2020 |
Last checked: Monday Dec 18, 2017 3:54 AM EST |
Defendant
Callahan Paving Corp.
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Represented By
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Defendant
Tri-Messine Construction Co. Inc.
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Represented By
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Plaintiff
James Kilkenny
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Represented By
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Docket last updated: 6 hours ago |
Wednesday, February 12, 2020 | ||
order
Order Dismissing Case
Wed 02/12 1:28 PM
ORDER DISMISSING CASE: In light of the settlement in princliple this case is hereby DISMISSED without prejudice to its reinstatement should the settlement not be consummated. Barring any further requests for an extension within 90 days of this order, this dismissal shall deemed with prejudice.Ordered by Judge Gary R. Brown on 2/12/2020. (McMorrow, Karen) |
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Tuesday, February 11, 2020 | ||
32 | 32
misc
Status Report
Tue 02/11 4:47 PM
STATUS REPORT and request for 90-day stay by James Kilkenny(et al., as Trustees of the Local 175 Welfare Fund), James Kilkenny(et al., as Trustees of the Local 175 Pension Fund), James Kilkenny(et al., as Trustees of the Local 175 Annuity Fund), James Kilkenny(et al., as Trustees of the Local 175 Training Fund) (Wolf, William) |
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Thursday, January 23, 2020 | ||
utility
Case Assigned/Reassigned
Thu 01/23 2:43 PM
Case reassigned to Judge Gary R. Brown. Judge Arthur D. Spatt no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Russo, Eric) |
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order
Status Report Order
Thu 01/23 4:44 PM
STATUS REPORT ORDER : On 11/7/2018 the court issued31 Order staying the case until 5/102019. To date no further activity has occurred in the case. A joint written Status Report is due by 2/12/2020. Counsel is warned that failure to file the status may result in a dismissal of the case for failure to prosecute. Ordered by Judge Gary R. Brown on 1/23/2020. (McMorrow, Karen) |
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Wednesday, November 07, 2018 | ||
31 | 31
order
Order(Other)
Wed 11/07 9:39 AM
ORDER: On consent of the parties, this case is hereby stayed until 5/10/2019. SO ORDERED by Judge Arthur D. Spatt on 11/7/2018. (Coleman, Laurie) |
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Tuesday, November 06, 2018 | ||
30 | 30
2
pgs
misc
Stipulation
Tue 11/06 2:03 PM
STIPULATION by Callahan Paving Corp., Tri-Messine Construction Co. Inc. |
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Wednesday, May 02, 2018 | ||
29 | 29
order
Order(Other) ~Util - Case Stayed
Wed 05/02 11:50 AM
ORDER Re:28 Stipulation Agreeing to Stay Action to November 10, 2018. On consent of the parties, the Court accepts the above stipulation. The case is hereby stayed until 11/10/2018. So Ordered by Judge Arthur D. Spatt on 5/2/2018. (Case stayed.) (Ortiz, Grisel) |
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Tuesday, May 01, 2018 | ||
28 | 28
misc
Stipulation
Tue 05/01 12:16 PM
STIPULATION Agreeing to Stay Action to November 10, 2018 by Callahan Paving Corp., Tri-Messine Construction Co. Inc. |
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Wednesday, February 14, 2018 | ||
order
Scheduling Order
Wed 02/14 4:10 PM
SCHEDULING ORDER: In light of the so-ordered stipulation staying this case for six months, the discovery status conference scheduled for February 16, 2018 is adjourned without date. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/14/2018. (McCuiston, Hannah) |
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Saturday, November 11, 2017 | ||
27 | 27
2
pgs
order
Order on Motion to Stay
Mon 11/13 1:23 PM
ORDER re26 stipulation. On consent of the parties, the Court accepts the above stipulation. The Court directs the Clerk of the Court to withdraw the23 Motion to Stay. SO ORDERED by Judge Arthur D. Spatt on 11/11/2017. (Coleman, Laurie) |
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Friday, November 10, 2017 | ||
26 | 26
motion
Stay
Fri 11/10 3:58 PM
Letter MOTION to Stay Case for Six Months by Callahan Paving Corp., Tri-Messine Construction Co. Inc.. |
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Monday, October 30, 2017 | ||
25 | 25
13
pgs
respoth
Memorandum in Support
Mon 10/30 3:53 PM
MEMORANDUM in Support re23 Notice of MOTION to Stay all Proceedings Before this Court filed by All Defendants. |
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24 | 24
respm
Affidavit/Declaration in Support of Motion
Mon 10/30 3:52 PM
AFFIDAVIT/DECLARATION in Support re23 Notice of MOTION to Stay all Proceedings Before this Court filed by All Defendants. |
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23 | 23
motion
Stay
Mon 10/30 3:50 PM
Notice of MOTION to Stay all Proceedings Before this Court by Callahan Paving Corp., Tri-Messine Construction Co. Inc.. |
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Friday, October 06, 2017 | ||
22 | 22
order
Scheduling Order
Fri 10/06 6:38 PM
INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/6/2017. (McCuiston, Hannah) |
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21 | 21
minutes
Initial Conference Hearing
Fri 10/06 6:34 PM
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 9/28/2017. The Discovery Status Conference will be held on February 16, 2018 at 10 a.m. SEE ATTACHED ORDER for additional details. (McCuiston, Hannah) |
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Friday, September 29, 2017 | ||
20 | 20
2
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Mon 10/02 2:05 PM
ORDER re16 Stipulation/Response. On consent of the parties, the Court accepts the above stipulation. The Court directs the Clerk of the Court to withdraw the8 Motion to Dismiss. So Ordered by Judge Arthur D. Spatt on 9/29/2017. (Coleman, Laurie) |
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19 | 19
misc
Corporate Disclosure Statement
Fri 09/29 1:25 PM
Corporate Disclosure Statement by Callahan Paving Corp., Tri-Messine Construction Co. Inc. |
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18 | 18
answer
Answer to Complaint
Fri 09/29 1:17 PM
ANSWER to1 Complaint, by All Defendants. |
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Monday, September 25, 2017 | ||
17 | 17
misc
Proposed Scheduling Order
Mon 09/25 5:16 PM
Proposed Scheduling Order by Callahan Paving Corp., Tri-Messine Construction Co. Inc. |
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Friday, September 15, 2017 | ||
16 | 16
respm
Response to Motion
Fri 09/15 9:17 AM
RESPONSE to Motion re8 MOTION to Dismiss for Lack of Jurisdiction Stipulation Resolving Motion filed by All Plaintiffs. (Wolf, William) |
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Friday, September 01, 2017 | ||
order
Order(Other)
Fri 09/01 11:38 AM
ORDER re15 : The Court is rescheduling the Initial Conference to September 28, 2017 at 9:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/1/2017. (McCuiston, Hannah) |
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Thursday, August 31, 2017 | ||
15 | 15
misc
Letter
Thu 08/31 4:02 PM
Letter by Callahan Paving Corp., Tri-Messine Construction Co. Inc. |
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Friday, August 18, 2017 | ||
order
Order on Motion to Adjourn Conference
Fri 08/18 6:31 PM
ORDER granting14 Motion to Adjourn Conference. The Court does not have any availability on the alternative dates proposed by counsel. The Initial Conference is therefore rescheduled to September 22, 2017 at 10:30 a.m. The parties are reminded that, no later than two business days before the Initial Conference, they must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/18/2017. (McCuiston, Hannah) |
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Thursday, August 17, 2017 | ||
14 | 14
motion
Adjourn Conference
Thu 08/17 11:32 AM
Letter MOTION to Adjourn Conference by Callahan Paving Corp., Tri-Messine Construction Co. Inc.. |
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Wednesday, August 09, 2017 | ||
13 | 13
order
Scheduling Order
Wed 08/09 5:10 PM
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for September 28, 2017 at 10 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/9/2017. (McCuiston, Hannah) |
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Wednesday, August 02, 2017 | ||
12 | 12
order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/02 3:49 PM
ORDER re11 Motion for approval of the proposed briefing schedule for Defendants' Partial Motion to Dismiss the Complaint. On consent of the parties, the proposed modified briefing schedule is approved. So Ordered by Judge Arthur D. Spatt on 8/2/2017. (Coleman, Laurie) |
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Tuesday, August 01, 2017 | ||
11 | 11
motion
Extension of Time to File Response/Reply
Tue 08/01 12:13 PM
First MOTION for Extension of Time to File Response/Reply to Defendants' Partial Motion to Dismiss by James Kilkenny(et al., as Trustees of the Local 175 Welfare Fund), James Kilkenny(et al., as Trustees of the Local 175 Pension Fund), James Kilkenny(et al., as Trustees of the Local 175 Annuity Fund), James Kilkenny(et al., as Trustees of the Local 175 Training Fund). (Wolf, William) |
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Thursday, July 27, 2017 | ||
10 | 10
respm
Affidavit/Declaration in Support of Motion
Thu 07/27 1:48 PM
AFFIDAVIT/DECLARATION in Support re8 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. |
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9 | 9
respoth
Memorandum in Support
Thu 07/27 1:44 PM
MEMORANDUM in Support re8 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. |
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8 | 8
motion
Dismiss/Lack of Jurisdiction
Thu 07/27 1:42 PM
MOTION to Dismiss for Lack of Jurisdiction by Callahan Paving Corp., Tri-Messine Construction Co. Inc.. |
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Wednesday, July 19, 2017 | ||
7 | 7
service
Summons Returned Executed
Wed 07/19 10:53 AM
SUMMONS Returned Executed by James Kilkenny(et al., as Trustees of the Local 175 Welfare Fund). Callahan Paving Corp. served on 7/7/2017, answer due 7/28/2017. (Wolf, William) |
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6 | 6
service
Summons Returned Executed
Wed 07/19 10:48 AM
SUMMONS Returned Executed by James Kilkenny(et al., as Trustees of the Local 175 Welfare Fund). Tri-Messine Construction Co. Inc. served on 7/7/2017, answer due 7/28/2017. (Wolf, William) |
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Thursday, June 29, 2017 | ||
5 | 5
service
Summons Issued
Thu 06/29 1:42 PM
SUMMONS ISSUED as to Callahan Paving Corp., Tri-Messine Construction Co. Inc.. (Coleman, Laurie) |
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Thursday, June 22, 2017 | ||
4 | 4
misc
Proposed Summons/Civil Cover Sheet
Thu 06/22 3:33 PM
Proposed Summons. by James Kilkenny(et al., as Trustees of the Local 175 Welfare Fund) (Wolf, William) |
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3 | 3
misc
Clerks Notice of Rule 73
Thu 06/22 1:15 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) |
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2 | 2
misc
Quality Control Check - Attorney Case Opening
Thu 06/22 1:11 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (McMahon, Carol) |
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utility
Case Assigned/Reassigned
Thu 06/22 1:12 PM
Case Assigned to Judge Arthur D. Spatt and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol) |
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utility
Incorrect Case-Document Information
Thu 06/22 1:18 PM
Proposed summons is rejected; it has not been completed; the Clerk's Office can not issue the summons. Counsel is advised to submit a completed proposed summons; use the event Proposed Summons/Civil Cover Sheet. (McMahon, Carol) |
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Wednesday, June 21, 2017 | ||
1 | 1
cmp
Complaint
Wed 06/21 6:24 PM
COMPLAINT Against Tri-Messine Construction Co., Inc., Callahan Paving Corp. against All Defendants filing fee $ 400, receipt number 0207-9624305 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by James Kilkenny. (Wolf, William) |
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Att: 1 Civil Cover Sheet, | ||
Att: 2 Proposed Summons |