New York Eastern District Court
Judge:Eric N Vitaliano
Referred: Vera M Scanlon
Case #: 2:20-cv-00135
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Filed:Jan 07, 2020
Terminated:Sep 30, 2020
Last checked: Sunday Jul 05, 2020 6:06 AM EDT
Defendant
Tri-State Paving, LLC
Represented By
Richard B. Ziskin
The Ziskin Law Firm, LLP
contact info
Defendant
Carl Girolamo
Represented By
Richard B. Ziskin
The Ziskin Law Firm, LLP
contact info
Defendant
Christopher Girolamo
Represented By
Richard B. Ziskin
The Ziskin Law Firm, LLP
contact info
Plaintiff
Gino Castignoli
Represented By
Richard M. Pettigrew, Jr.
Markowitz & Richman
contact info
Stephen C. Richman
Markowitz & Richman
contact info
Plaintiff
Michael Salgo
Represented By
Richard M. Pettigrew, Jr.
Markowitz & Richman
contact info
Stephen C. Richman
Markowitz & Richman
contact info


Docket last updated: 1 hours ago
Wednesday, September 30, 2020
24 24 1 pgs order Order Dismissing Case Wed 09/30 5:46 PM
ORDER: As per23 STIPULATION of Dismissal, this case is hereby dismissed with prejudice. The Clerk of Court is directed to close this case. So Ordered by Judge Eric N. Vitaliano on 9/30/2020. (Almonte, Giselle)
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Monday, September 28, 2020
23 23 misc Stipulation of Dismissal Mon 09/28 10:26 AM
STIPULATION of Dismissal by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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Thursday, September 10, 2020
order Status Report Order 1 - Terminate Deadlines and Hearings Thu 09/10 7:52 AM
STATUS REPORT ORDER: At22 , Defendants state that this matter has settled. On or before 10/9/2020, the Parties will file their stipulation of dismissal. The 9/14/2020 telephone conference is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 9/10/2020. (Quinlan, Krista)
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Wednesday, September 09, 2020
22 22 misc Status Report Wed 09/09 3:40 PM
STATUS REPORT by Carl Girolamo, Christopher Girolamo, Tri-State Paving, LLC (Ziskin, Richard)
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Tuesday, August 18, 2020
order Scheduling Order 1 - Terminate Deadlines and Hearings Tue 08/18 11:50 AM
SCHEDULING ORDER: A Telephone Conference is set for 9/14/2020 at 11:30 AM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. On or before 9/10/2020, the Parties will file a joint status report letter or settlement papers. Ordered by Magistrate Judge Vera M. Scanlon on 8/18/2020. (Quinlan, Krista)
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Monday, August 17, 2020
21 21 misc Status Report Mon 08/17 9:20 AM
STATUS REPORT by Carl Girolamo, Christopher Girolamo, Tri-State Paving, LLC (Ziskin, Richard)
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Tuesday, June 16, 2020
order Status Report Order Tue 06/16 4:37 PM
ORDER. On or before 8/17/2020, the Parties must file the necessary settlement papers and/or a joint letter explaining why they have not done this pending satisfaction of the settlement. Ordered by Magistrate Judge Vera M. Scanlon on 6/16/2020. (Lozar, Ryan)
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Monday, June 15, 2020
20 20 misc Status Report Mon 06/15 2:21 PM
STATUS REPORT by Carl Girolamo, Christopher Girolamo, Tri-State Paving, LLC (Ziskin, Richard)
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Friday, June 12, 2020
order Status Report Order 1 - Terminate Deadlines and Hearings Fri 06/12 1:45 PM
STATUS REPORT ORDER: The Parties failed to comply with the Court's 4/1/2020 Order. On or before 6/16/2020, the Parties must comply. Ordered by Magistrate Judge Vera M. Scanlon on 6/12/2020. (Quinlan, Krista)
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Wednesday, April 01, 2020
order Order on Motion to Adjourn Conference 1 - Terminate Hearings Wed 04/01 10:14 AM
ORDER granting19 Motion to Adjourn Conference. The 4/2/2020 telephonic initial conference is adjourned sine die. Defendant states that this matter has settled. On or before 6/1/2020, the Parties will file their stipulation of dismissal. Ordered by Magistrate Judge Vera M. Scanlon on 4/1/2020. (Quinlan, Krista)
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Tuesday, March 31, 2020
19 19 motion Adjourn Conference Tue 03/31 2:41 PM
Consent MOTION to Adjourn Conference by Tri-State Paving, LLC. (Ziskin, Richard)
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order Order(Other) Tue 03/31 9:41 AM
ORDER: The Parties failed to file the joint proposed scheduling order per this Court's 2/26/2020 Order. The Parties are to file the proposed order by 4/1/2020. Ordered by Magistrate Judge Vera M. Scanlon on 3/31/2020. (Quinlan, Krista)
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Wednesday, March 25, 2020
order Scheduling Order 1 - Terminate Deadlines and Hearings Wed 03/25 11:40 AM
RE-SCHEDULING ORDER: Counsel are advised that the initial conference is converted to a telephone conference set for 4/2/2020 at 11:30 AM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. In case of an emergency or should the Parties need to apprise the Court of any confidential developments requiring an adjournment of the telephone conference, the Parties may contact the Court via email at Scanlon_Chambers@nyed.uscourts.gov with 3 proposed alternative dates. No ex parte communications.Ordered by Magistrate Judge Vera M. Scanlon on 3/25/2020. (Quinlan, Krista)
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Wednesday, February 26, 2020
order Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings Wed 02/26 3:19 PM
ORDER granting consent18 Motion to Adjourn Conference. At the request of the parties, the 3/13/2020 Initial Conference is rescheduled to 4/2/2020 at 11:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Parties are to refer to17 and must file the joint proposed scheduling order by 3/26/2020. Ordered by Magistrate Judge Vera M. Scanlon on 2/26/2020. (Quinlan, Krista)
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Tuesday, February 25, 2020
18 18 motion Adjourn Conference Tue 02/25 12:45 PM
MOTION to Adjourn Conference by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund). (Pettigrew, Richard)
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Att: 1 Certificate of Service
Tuesday, February 11, 2020
17 17 order Scheduling Order Tue 02/11 10:13 AM
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 3/13/2020 at 12:00 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiffs' counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 3/5/2020. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 2/11/2020. (Quinlan, Krista)
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Monday, February 10, 2020
16 16 answer Answer to Complaint Mon 02/10 4:01 PM
ANSWER to1 Complaint,, by Carl Girolamo, Christopher Girolamo, Tri-State Paving, LLC. (Ziskin, Richard)
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Tuesday, February 04, 2020
15 15 service Summons Returned Executed Tue 02/04 2:54 PM
SUMMONS Returned Executed by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund). Christopher Girolamo served on 1/16/2020, answer due 2/6/2020. (Pettigrew, Richard)
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14 14 service Summons Returned Executed Tue 02/04 2:52 PM
SUMMONS Returned Executed by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund). Carl Girolamo served on 1/16/2020, answer due 2/6/2020. (Pettigrew, Richard)
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13 13 service Summons Returned Executed Tue 02/04 2:51 PM
SUMMONS Returned Executed by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund). Tri-State Paving, LLC served on 1/16/2020, answer due 2/6/2020. (Pettigrew, Richard)
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Friday, January 10, 2020
12 12 service Summons Issued Fri 01/10 10:02 AM
Summons Issued as to Carl Girolamo. (Almonte, Giselle)
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11 11 service Summons Issued Fri 01/10 10:01 AM
Summons Issued as to Christopher Girolamo. (Almonte, Giselle)
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10 10 service Summons Issued Fri 01/10 10:00 AM
Summons Issued as to Tri-State Paving, LLC. (Almonte, Giselle)
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9 9 misc Proposed Summons/Civil Cover Sheet Fri 01/10 9:37 AM
Proposed Summons. by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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8 8 misc Proposed Summons/Civil Cover Sheet Fri 01/10 9:35 AM
Proposed Summons. by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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7 7 misc Proposed Summons/Civil Cover Sheet Fri 01/10 9:34 AM
Proposed Summons. by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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Thursday, January 09, 2020
6 6 misc Proposed Summons/Civil Cover Sheet Thu 01/09 12:01 PM
Proposed Summons. by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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5 5 misc Proposed Summons/Civil Cover Sheet Thu 01/09 11:59 AM
Proposed Summons. by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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4 4 misc Proposed Summons/Civil Cover Sheet Thu 01/09 11:58 AM
Proposed Summons. by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund) (Pettigrew, Richard)
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3 3 misc Clerks Notice of Rule 73 Thu 01/09 10:01 AM
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. (Rodin, Deanna)
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2 2 misc Quality Control Check - Attorney Case Opening Thu 01/09 9:53 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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utility Incorrect Case-Document Information Thu 01/09 9:50 AM
Incorrect Document Entry Information. Defendant was added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendant. (Rodin, Deanna)
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utility Incorrect Case-Document Information Thu 01/09 9:55 AM
Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint; the Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
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utility Case Assigned/Reassigned Thu 01/09 10:01 AM
Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Vera M. Scanlon. 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. (Rodin, Deanna)
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Tuesday, January 07, 2020
1 1 cmp Complaint Tue 01/07 4:04 PM
COMPLAINT against Carl Girolamo, Christopher Girolamo, Tri-State Paving, LLC Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Gino Castignoli, Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of the Northeast District council of the Operative Plasterers and Cement Masons International Association Trust Fund, Annuity Fund, Apprenticeship Fund, and Labor Management Fund), Michael Salgo(as Trustees on their own behalf and on behalf of the other Trustees of Cement Masons Local 780 Pension Fund). (Rodin, Deanna)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Proposed Summons,
Att: 6 Proposed Summons,
Att: 7 Proposed Summons
misc Filing Fee Received Thu 01/09 9:49 AM
FILING FEE: $400, receipt number ANYEDC-12226128 (Rodin, Deanna)
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