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15-054 - Iron Workers Local No. 60 Annuity Pension Fund et al v. Solvay Iron Works, Inc. et al


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15-054 - Iron Workers Local No. 60 Annuity Pension Fund et al v. Solvay Iron Works, Inc. et al
April 24, 2017
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DECISION & ORDER granting in part and denying in part pltfs' 132 Motion to Compel discovery; that pltfs' motion for a protective order limiting defts J. Maestri and S. Maestri to taking the deposition of a single representative of pltf is DENIED based upon defts' representation that the number of depositions will be limited to five individuals. This ruling is without prejudice to pltfs' right to seek an adjournment of the deposition and to apply to the court if counsel reasonably believes that the deposition is being conducted in bad faith or a in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party. Pltfs' application an award of costs and attorney's fees is DENIED without prejudice to their right to seek full recovery of all costs and attorney's fees in connection with this motion in the event that they prevail in this action pursuant to 29 U.S.C. 1132(g)(2). The deadline for completion of discovery in the action is hereby extended to July 14, 2017, and the motion deadline is correspondingly extended to September 15, 2017. Signed by Magistrate Judge David E. Peebles on 4/24/2017. (Copy served upon Kelly C. Ormsby via regular mail on 4/24/2017)(see)
September 6, 2017
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ORDER granting 156 Letter Request for dismissal of all claims against Defendant Francis Petro. Signed by Judge Brenda K. Sannes on 9/6/17. (Copy served via regular mail on pro se parties)(rjb, )
May 11, 2018
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ORDER that Defendant Sheila Maestri's motion for summary judgment (Dkt. No. 161) is GRANTED with respect to the Sixth Cause of Action (ERISA ยง 406(a) (1)) and Seventh Cause of Action (New York Law claims); that the Sixth and Seventh Causes of Action as to Defendant Sheila Maestri are DISMISSED with prejudice; that Defendant Sheila Maestri's motion for summary judgment (Dkt. No. 161) is otherwise DENIED in its entirety. Plaintiffs' motion for summary judgment (Dkt. No. 163) is GRANTED as to John Maestri's liability under the Fifth and Sixth Causes of Action; Plaintiffs' motion for summary judgment (Dkt. No. 163) is otherwise DENIED. Plaintiffs are awarded $48,479.88 in attorneys' and paralegal fees and costs for the period May 1, 2013 through March 29, 2016 and $72,898.45 in attorneys' and paralegal fees and costs for the period March 29, 2016 to February 28, 2017. Signed by Judge Brenda K. Sannes on 5/11/18. (Copy served on pro se parties via regular mail)(rjb, )