Sheet Metal Workers' National Pension Fund et v. Rusi
Adversary Proceeding
Lead BK case is: 1:23-bk-40150
Lead BK case is: 1:23-bk-40150
New York Eastern Bankruptcy Court | |
Chapter 7 | |
Judge: | Jil Mazer-Marino |
Case #: | 1:23-ap-01088 |
Nature of Suit | 67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny 41 Bankruptcy - Objection / revocation of discharge - §727(c),(d),(e) |
Case Filed: | Oct 09, 2023 |
Last checked: never |
Defendant
David Rusi
177 Benedict Rd.
Staten Island, NY 10304 |
Represented By
|
Plaintiff
Sheet Metal Workers' National Pension Fund
3180 Fairview Park Drive, Suite 400
Falls Church, VA 22042 |
Represented By
|
Plaintiff
International Training Institute For The Sheet Metal And Air Conditioning Industry
3180 Fairview Park Drive, Suite 400
Falls Church, VA 22042 |
Represented By
|
Plaintiff
Sheet Metal Occupational Health Institute Trust
3180 Fairview Park Drive, Suite 400
Falls Church, VA 22042 |
Represented By
|
Plaintiff
National Energy Management Institute Committee
3180 Fairview Park Drive, Suite 400
Falls Church, VA 22042 |
Represented By
|
Plaintiff
National Stabilization Agreement of the Sheet Metal Industry Trust Fund
3180 Fairview Park Drive, Suite 400
Falls Church, VA 22042 |
Represented By
|
Docket last updated: 12 hours ago |
Tuesday, April 08, 2025 | ||
41 | 41
![]() Response TO DEFENDANTS OBJECTION TO ADMISSIBILITY OF EXHIBIT BF TO PLAINTIFFS SUMMARY JUDGMENT MOTION Filed by J. Logan Rappaport on behalf of Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
Wednesday, April 02, 2025 | ||
40 | 40
![]() Objection to Plaintiffs' Exhibit BF Filed by John J Macron on behalf of David Rusi (Macron, John) |
|
Saturday, March 29, 2025 | ||
39 | 39
![]() Letter to extend dates regarding submissions as to Exhibit BF by 5 days Filed by John J Macron on behalf of David Rusi (Macron, John) |
|
Tuesday, March 11, 2025 | ||
court
zMinute Entry - Hearing Held and Adjourned (Document BK & AP)
Fri 04/25 2:47 PM
Hearing Held and Adjourned; Hearing scheduled for 06/17/2025 at 02:00 PM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY - response by March 28, 2025, support/reply by April 4, 2025. (tml) |
||
court
zMinute Entry - Hearing Withdrawn/Denied/Marked Off Without Hearing - Text (Document BK & AP)
Fri 04/25 2:51 PM
Marked Off Without Hearing - |
||
Thursday, March 06, 2025 | ||
38 | 38
![]() Memorandum of Law in Support PLAINTIFFS REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS MOTION SEEKING SUMMARY JUDGMEN Filed by Heather Mooneyham, J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
37 | 37
![]() Reply DECLARATION IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT Filed by Heather Mooneyham, J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
Att: 1
![]() |
||
Wednesday, March 05, 2025 | ||
36 | 36
![]() Declaration Filed by J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
35 | 35
![]() Letter Explaining Second Amended Declaration Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Att: 1
![]() |
||
Monday, March 03, 2025 | ||
34 | 34
![]() Order Extending Pleading Submission Dates. Defendant's opposition to the motion is extended on consent to February 12, 2025. Plaintiffs time to file a Reply is extended on consent to March 6, 2025. The pre-trial conference, presently scheduled for March 11, 2025 at 2:30 pm, will proceed as scheduled. . (nop) |
|
Wednesday, February 12, 2025 | ||
33 | 33
![]() Response and counterstatement to statement of undisputed facts. Filed by John J Macron on behalf of David Rusi (Macron, John). Related document(s)30 Statement of Undisputed Facts filed by Plaintiff National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Plaintiff National Energy Management Institute Committee, Plaintiff Sheet Metal Occupational Health Institute Trust, Plaintiff International Training Institute For The Sheet Metal And Air Conditioning Industry, Plaintiff Sheet Metal Workers' National Pension Fund. Modified on 2/13/2025- to add linkage to docket no. 30 (dng) |
|
32 | 32
![]() Memorandum of Law in Opposition to Plaintiffs' motion for summary judgment. Filed by John J Macron on behalf of David Rusi (Macron, John) |
|
31 | 31
![]() Affirmation in Opposition Filed by John J Macron on behalf of David Rusi (Macron, John) |
|
Wednesday, January 29, 2025 | ||
30 | 30
![]() Statement of Undisputed Facts , Amended Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
29 | 29
![]() Statement of Undisputed Facts Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
28 | 28
![]() Request to Produce AC Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather)Modified on 1/29/2025- to add description of document (dng) |
|
Monday, January 27, 2025 | ||
27 | 27
![]() Affidavit/Certificate of Service Filed by J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
Thursday, January 23, 2025 | ||
26 | 26
![]() Exhibit Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
Att: 6
![]() |
||
Att: 7
![]() |
||
25 | 25
![]() Exhibit Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
Att: 6
![]() |
||
Att: 7
![]() |
||
Att: 8
![]() |
||
Att: 9
![]() |
||
Att: 10
![]() |
||
Att: 11
![]() |
||
Att: 12
![]() |
||
Att: 13
![]() |
||
Att: 14
![]() |
||
Att: 15
![]() |
||
Att: 16
![]() |
||
Att: 17
![]() |
||
Att: 18
![]() |
||
24 | 24
![]() Exhibit Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
Att: 6
![]() |
||
Att: 7
![]() |
||
Att: 8
![]() |
||
Att: 9
![]() |
||
Att: 10
![]() |
||
Att: 11
![]() |
||
Att: 12
![]() |
||
Att: 13
![]() |
||
Att: 14
![]() |
||
Att: 15
![]() |
||
Att: 16
![]() |
||
23 | 23
![]() Memorandum of Law in Support Filed by Heather Mooneyham, J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
22 | 22
![]() Amended Notice of Motion/Presentment for Summary Judgment . Objections to be filed on February 10, 2025. Filed by Heather Mooneyham, J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund Hearing scheduled for 3/11/2025 at 02:30 PM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY. (Rappaport, J.) |
|
Att: 1
![]() |
||
Tuesday, January 21, 2025 | ||
21 | 21
![]() Motion For Summary Judgment . Objections to be filed on 2/10/25. Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund. Hearing scheduled for 3/11/2025 at 02:30 PM at Courtroom 3529 Judge Mazer-Marino. (Mooneyham, Heather)Modified on 1/22/2025- to add courtroom location (dng) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
Att: 6
![]() |
||
Att: 7
![]() |
||
Att: 8
![]() |
||
Att: 9
![]() |
||
Att: 10
![]() |
||
Att: 11
![]() |
||
Att: 12
![]() |
||
Att: 13
![]() |
||
Att: 14
![]() |
||
Wednesday, January 15, 2025 | ||
20 | 20
![]() Consent Order Extending Dispositive Motion Deadline. The dispositive motion deadline is hereby extended from January 13, 2025, up to and including January 21, 2025, without prejudice to the right of the Fund to seek a further extension or extensions of such time. The pre-trial conference hearing scheduled on February 5, 2025, at 2:00pm shall be adjourned to March 11, 2025, at 2:30pm. So Ordered. . Signed on 1/15/2025 (dng) |
|
Wednesday, November 20, 2024 | ||
court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Wed 11/20 1:10 PM
Hearing Held and Adjourned; Appearances: J. Logan Rappaport Representing Plaintiff, John J Macron Representing Defendant, Heather Mooneyham Representing Defendant - Pre-Trial Conference set for 02/05/2025 at 02:00 PM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY |
||
court
zMinute Entry - Hearing Held (Document BK & AP)
Wed 11/20 1:11 PM
Hearing Held; Appearances: J. Logan Rappaport Representing Plaintiff, John J Macron Representing Defendant, Heather Mooneyham Representing Defendant - |
||
Tuesday, September 24, 2024 | ||
court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Wed 09/25 11:13 PM
Hearing Held and Adjourned; Pre-Trial Conference set for 11/20/2024 at 11:30 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY |
||
court
zMinute Entry - Hearing Adjourned Without Hearing (Document BK & AP)
Thu 10/24 4:06 PM
Adjourned Without Hearing - Hearing scheduled for 11/20/2024 at 11:30 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY |
||
Thursday, September 19, 2024 | ||
19 | 19
![]() Stipulation and Order Extending Various Deadlines. The Discovery Deadline is hereby extended from September 10, 2024, up to and including October 25, 2024. Deadline for filing dispositive motions is hereby extended from November 22, 2024, up to and including January 6, 2025. The hearing scheduled on September 24, 2024 at 11:30 a.m. shall be adjourned to November 12, 2024, at 11:30 a.m. with respect to the status of the Adversary Proceeding. . Signed on 9/19/2024 (dng) |
|
Tuesday, September 10, 2024 | ||
18 | 18
![]() Letter of Adjournment: Hearing rescheduled from September 24, 2024 at 11:30am to November 12, 2024 at 11:30am Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
17 | 17
![]() Letter to Judge and Certificate of Service Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Att: 1
![]() |
||
16 | 16
![]() Notice of Proposed Stipulation By and Between Plaintiffs and Defendant to Extension of Various Deadlines Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Wednesday, May 22, 2024 | ||
15 | 15
![]() Order Resolving Plaintiff's Motion to Compel and Extending Various Discovery and Motion Deadlines. The Motion is granted in part in accordance with the terms hereof. Defendant shall serve upon Plaintiffs, through their counsel, his responses and objections to the Document Demand and Interrogatories by May 30, 2024. Defendant shall appear for a deposition by Plaintiffs by July 15, 2024 at the office of Plaintiffs counsel located at 156 West 56th Street, Suite 703, New York, New York 10019. Fact discovery deadline in this Adversary Proceeding shall be September 10, 2024 without prejudice. Deadline for filing dispositive motions in this Adversary Proceeding shall be November 22, 2024 without prejudice. A hearing shall be held on September 24, 2024 at 11:30 a.m. with respect to the status of the Adversary Proceeding, including any discovery dispute that may arise and any potential dispositive motions either party may anticipate making. Fee Request is neither granted nor denied and in the event that Defendant fails to abide by this Order or otherwise fails to timely and fully comply with the Document Demand and/or Interrogatories, Plaintiffs shall file a notice with the Court to restore the Motion and Fee Request to the Courts calendar at least fourteen (14) days prior to the Hearing and Defendant shall be entitled to file an opposition to the Fee Request at least seven (7) days prior to the Hearing . Signed on 5/22/2024 (dnb) |
|
Thursday, May 16, 2024 | ||
court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Fri 05/17 1:41 PM
Hearing Held and Adjourned; Appearances: J. Logan Rappaport Representing Plaintiff, Heather Mooneyham Representing Plaintiff, John J Macron Representing Defendant - Pre-Trial Conference set for 09/24/2024 at 11:30 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY. - |
||
court
zMinute Entry - Hearing Held and Adjourned (Document BK & AP)
Fri 05/17 1:44 PM
Hearing Held and Adjourned; Appearances: J. Logan Rappaport Representing Plaintiff, Heather Mooneyham Representing Plaintiff, John J Macron Representing Defendant -Hearing scheduled for 09/24/2024 at 11:30 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY |
||
Thursday, May 09, 2024 | ||
court
zMinute Entry - Hearing Adjourned Without Hearing (Document BK & AP)
Sat 05/11 10:56 PM
Adjourned Without Hearing - Hearing scheduled for 05/16/2024 at 11:00 AM at Brooklyn Office |
||
Wednesday, May 08, 2024 | ||
14 | 14
![]() Letter Filed by J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
Monday, May 06, 2024 | ||
13 | 13
![]() Notice of Appearance and Request for Notice Filed by J. Logan Rappaport on behalf of Sheet Metal Workers' National Pension Fund (Rappaport, J.) |
|
Att: 1
![]() |
||
Tuesday, April 30, 2024 | ||
12 | 12
![]() Affidavit/Certificate of Service of Amended Notice of Motion to Compel Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
11 | 11
![]() Amended Motion to Compel and Extend Discovery Deadline Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund . Hearing scheduled for 5/9/2024 at 11:00 AM at Brooklyn Office.Order to be presented for signature on 5/9/2024. (Mooneyham, Heather) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
10 | 10
![]() Letter Request Pre-Hearing Conference Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
9 | 9
![]() Affidavit/Certificate of Service Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund (Mooneyham, Heather) |
|
Monday, April 29, 2024 | ||
8 | 8
![]() Motion to Compel , Certificate of Service Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund . (Mooneyham, Heather) |
|
Thursday, April 25, 2024 | ||
7 | 7
![]() Motion to Compel and Extend Discovery Deadlines . Objections to be filed on 5/2/2024. Filed by Heather Mooneyham on behalf of International Training Institute For The Sheet Metal And Air Conditioning Industry, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund. Hearing scheduled for 5/9/2024 at 11:00 AM at Brooklyn Office.Order to be presented for signature on 5/9/2024. (Mooneyham, Heather) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Wednesday, December 27, 2023 | ||
6 | 6
![]() Stipulated Order. Discovery must be completed by May 10, 2024. The Pre-Trial Conference will be held on May 16, 2024, at 11:00 a.m. before the Honorable Jil Mazer-Marino. . Signed on 12/27/2023 (drk) |
|
Thursday, December 07, 2023 | ||
court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Fri 12/08 1:13 PM
Hearing Held and Adjourned; Appearances: Heather Mooneyham Representing Plaintiff, John J Macron Representing Defendant - Pre-Trial Conference set for 05/16/2024 at 11:00 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY |
||
Monday, November 20, 2023 | ||
5 | 5
![]() Answer to Complaint Filed by John J Macron on behalf of David Rusi (Macron, John) |
|
Wednesday, November 15, 2023 | ||
4 | 4
![]() Notice of Appearance and Request for Notice Filed by John J Macron on behalf of David Rusi (Macron, John) |
|
Thursday, October 19, 2023 | ||
3 | 3
![]() Summons Served on David Rusi 10/18/2023 and these additional parties: Melissa A. Pena, Esq., Bruce Wisotsky, Esq., David J. Doyaga, Trustee, US Trustee . (Clark, Jennifer) |
|
Wednesday, October 11, 2023 | ||
2 | 2
![]() Summons and Notice of Pre-Trial Conference issued by Clerk's Office against David Rusi Answer Due: 11/13/2023 Pre-Trial Conference set for 12/7/2023 at 11:00 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY. (ssw) |
|
Monday, October 09, 2023 | ||
1 | 1
![]() Adversary case 1 23-01088 Complaint by Sheet Metal Workers' National Pension Fund, International Training Institute For The Sheet Metal And Air Conditioning Industry, Sheet Metal Occupational Health Institute Trust, National Energy Management Institute Committee, National Stabilization Agreement of the Sheet Metal Industry Trust Fund against David Rusi. Fee Amount $350. Nature(s) of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)). (Mooneyham, Heather) |
|
Att: 1
![]() |