U.S.A., et al v. Mason Tenders, et al Assigned to: Judge Robert W. Sweet Referred to: Demand: $0 Lead Docket: None Related Cases: 1:03-cv-04112-RWS Case in other court: None Cause: 18:1964 Racketeering (RICO) Act |
Date Filed: 09/08/94 Jury Demand: None Nature of Suit: 791 Labor: E.R.I.S.A. Jurisdiction: U.S. Government Plaintiff |
Plaintiff ----------------------- | ||
| The United States of America | represented by | Aimee B. Wolfson U.S. Attorneys Office 100 Church Street New York, NY 10007 (212) 385-6270 LEAD ATTORNEY |
| Alan N. Taffet U.S. Attorney's Office 100 Church Street - 19th Floor New York, NY 10007 (212) 385-6349 LEAD ATTORNEY | ||
| Lisa A. Jonas Assistant United States Attorney 100 Church Street 19th Floor New York, NY 10007 (212) 385-6367 LEAD ATTORNEY | ||
| Manvin S. Mayell Assistant U.S. Attorney 100 Church Street New York, NY 10007 212-385-6214 Email: MAOSDNY@KAYESCHOLER.COM LEAD ATTORNEY | ||
| Robert B. Reich, Secretary of the United States Department of Labor | represented by | Aimee B. Wolfson (See above for address) LEAD ATTORNEY |
| Alan N. Taffet (See above for address) LEAD ATTORNEY | ||
| Lisa A. Jonas (See above for address) LEAD ATTORNEY | ||
| Manvin S. Mayell (See above for address) LEAD ATTORNEY | ||
V. | ||
Defendant ----------------------- | ||
| Mason Tenders District Council of Greater New York and Long Island | represented by | David W. Elbaor 207 East 27th Street 1st fl New York, NY 10016 212-682-7465 LEAD ATTORNEY |
| Executive Board of the Mason Tenders District Council of Greater New York | represented by | Joseph D. Pizzurro Curtis Mallet-Prevost Colt & Mosle 101 Park Avenue New York, NY 10178 212-696-8880 LEAD ATTORNEY |
| James Lupo, President, Union Trustee to the Trust Funds | represented by | Dominic F. Amorosa Dominic F. Amorosa 233 Broadway - Suite 3008 New York, NY 10279 (212) 406-7000 LEAD ATTORNEY |
| Christopher Suriano, Executive Board Member | represented by | Kevin O'Rourke Moore Moriwaki & Moore, P.C. 120 White Plains Road Tarrytown, NY 10591 (914) 524-9300 LEAD ATTORNEY |
| Salvatore Lanza, Secretary/Treasurer | represented by | Joseph D. Pizzurro (See above for address) LEAD ATTORNEY |
| Michael Pagano, JR.,
Business Manager, Union Trustee to the Trust
Funds TERMINATED: 03/06/1996 |
represented by | Neal J. Hurwitz 1370 Avenue of the Americas, 27th Floor Law Office New York, NY 10019 212-757-6767 TERMINATED: 03/06/1996 LEAD ATTORNEY |
| Brian J. Loiacono, Recording Secretary | represented by | Joseph D. Pizzurro (See above for address) LEAD ATTORNEY |
| Mason Tenders District Council Pension Fund | ||
| Mason Tenders District Council Welfare Fund | ||
| Mason Tenders District Council Annuity Fund | ||
| Mason Tenders District Council Asbestos Training Fund | ||
| Mason Tenders District Council Industry Fund | ||
| Mason Tenders District Council Legal Services Fund | ||
| Mason Tenders District Council Vacation Fund | ||
| James
Messera TERMINATED: 01/19/1996 | ||
| Ernest M. Muscarella | represented by | George L. Santangelo Santangelo Santangelo & Cohen 225 Broadway, Suite 2100 New York, NY 10007 (212) 267-4488 LEAD ATTORNEY |
| Richard
Kelly TERMINATED: 03/06/1996 |
represented by | Robert J. Costello Gibney Anthony & Flaherty 665 Fifth Avenue, 9th Floor New York, NY 10022 (212) 688-5151 TERMINATED: 03/06/1996 LEAD ATTORNEY |
| Anthony
Zotollo TERMINATED: 09/19/1997 |
represented by | Joseph A. Fiore Albanese Albanese & Fiore 1050 Franklin Avenue Garden City, NY 11530 (516) 248-7000 TERMINATED: 09/19/1997 LEAD ATTORNEY |
| Joseph
Fater TERMINATED: 09/30/1996 |
represented by | Andrew M. Lawler Andrew M. Lawler, P.C. 220 East 42nd Street New York, NY 10017 (212) 687-8850 TERMINATED: 09/30/1996 LEAD ATTORNEY |
| William J. Dealey Manning, Raab, Dealey & Sturm 440 Park Avenue South New York, NY 10016 TERMINATED: 09/30/1996 LEAD ATTORNEY | ||
| Baldo Mule | represented by | Cathy L. Waldor Waldor Carlesimo & Biancone, P.C. 88 Park Street Montclair, NJ 07042 (201) 744-1000 LEAD ATTORNEY |
| Ronald Miceli | represented by | Diarmuid White Diarmuid White 148 East 78th Street New York, NY 10021 (212) 861-9850 LEAD ATTORNEY |
| Louis
Casciano TERMINATED: 01/19/1996 |
represented by | Louis Casciano 76 Sycamore Avenue Central Islip, NY 11722 (516) 234-8805 PRO SE |
| Albert Soussi | represented by | Albert Soussi Albert Soussi 93 Serpentine Lane Islandia, NY 11722 (212) 234-9074 PRO SE |
| Carmine
Mandragona TERMINATED: 01/19/1996 | ||
| Anthony Lanza | ||
aka "Nino" | ||
| Thomas Fitzgerald | represented by | Mark R. Yarkin Mark R. Yarkin 173 Maple Avenue East Meadow, NY 11554 (516) 794-5137 LEAD ATTORNEY |
| Medical Diagnostic Testing, Inc. | represented by | Mark R. Yarkin (See above for address) LEAD ATTORNEY |
| Wilfred L. Davis | represented by | Michael Kennedy Michael Kennedy P.C. 425 Park Avenue New York, NY 10022 (212) 935-4500 LEAD ATTORNEY |
| Arthur M. Blau | represented by | Michael J. Dell Kramer Levin Naftalis Nessen Lamin & Frankel 919 Third Avenue New York, NY 10022 (212) 715-9000 TERMINATED: 09/12/1995 LEAD ATTORNEY |
| Steven G. Storch Storch AMini & Munves, P.C. 405 Lexington AVe New York, NY 10174 (212) 490-4100 LEAD ATTORNEY | ||
| Onofrio Macchio | represented by | Richard A. Rehbock Law Office of Richard A. Rehbock, Esq. 20 Vesey Street, Suite 500 New York, NY 10007 (212) 608-9600 LEAD ATTORNEY |
aka "Malfie" | ||
| Michael Capra | represented by | James J. Culleton Culleton, Marinaccio and Foglia 245 Main Street White Plains, NY 10601 914-761-0707 LEAD ATTORNEY |
aka "Mikey Cap" | ||
| Peter
Vario TERMINATED: 10/31/1996 | ||
aka "Jocko" | ||
| Michael Labarbara,
JR. TERMINATED: 01/19/1996 |
represented by | Larry Bronson Bronson & Bronson, LLP 80 Pine Street 32nd Floor New York, NY 10005 (212) 509-7100 TERMINATED: 01/19/1996 LEAD ATTORNEY |
aka "Big Mike" | ||
| Paul J. O'Brien | ||
| Shelly M. Lipsett | ||
| Michael Labarbara,
Jr. TERMINATED: 09/05/1997 | ||
| Pasquale
DeLuca TERMINATED: 03/06/1996 |
represented by | Brian E. Maas Beldock Levine & Hoffman 99 Park Avenue New York, NY 10016 (212) 490-0400 TERMINATED: 03/06/1996 LEAD ATTORNEY |
V. | ||
Garnishee ----------------------- | ||
| Suntrust Bank, Miami | ||
| Republic Bank of Savings | ||
ThirdParty Defendant ----------------------- | ||
| TIC International Corp. | represented by | Peter Neil Wang Friedman, Wang & Bleiberg, P.C. 90 Park Avenue New York, NY 10016 (212) 682-7474 LEAD ATTORNEY |
| Alfio DiFranco | represented by | Stephen H. Weiner 20 Vesey Street, Ste. 400 NY, NY 10007 212/ 566-4669 LEAD ATTORNEY |
| Diane Mistretta | represented by | Stephen H. Weiner (See above for address) LEAD ATTORNEY |
| Roger M.
Levin TERMINATED: 08/25/1998 |
represented by | John H. Eickemeyer Vedder, Price, Kaufman & Kammholz 805 Third Avenue New York, NY 10022-2203 (212) 407-7700 TERMINATED: 08/25/1998 LEAD ATTORNEY |
Cross Claimant ----------------------- | ||
| Anthony
Zotollo TERMINATED: 12/05/1994 |
represented by | Joseph A. Fiore (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY |
V. | ||
Cross Defendant ----------------------- | ||
| James
Lupo TERMINATED: 12/05/1994 | ||
| Mason Tenders District Council
Pension Fund TERMINATED: 12/05/1994 | ||
| Mason Tenders District Council
Welfare Fund TERMINATED: 12/05/1994 | ||
| Mason Tenders District Council
Annuity Fund TERMINATED: 12/05/1994 | ||
| James
Messera TERMINATED: 12/05/1994 | ||
| Joseph
Fater TERMINATED: 12/05/1994 | ||
| Thomas
Fitzgerald TERMINATED: 12/05/1994 | ||
| Medical Diagnostic Testing,
Inc. TERMINATED: 12/05/1994 | ||
| Wilfred L.
Davis TERMINATED: 12/05/1994 | ||
ThirdParty Plaintiff ----------------------- | ||
| Anthony
Zotollo TERMINATED: 09/19/1997 |
represented by | Joseph A. Fiore (See above for address) TERMINATED: 09/19/1997 LEAD ATTORNEY |
| Anthony
Zotollo TERMINATED: 09/19/1997 |
represented by | Joseph A. Fiore (See above for address) TERMINATED: 09/19/1997 LEAD ATTORNEY |
V. | ||
ThirdParty Defendant ----------------------- | ||
| Anthony
Zotollo TERMINATED: 09/19/1997 | ||
Counter Claimant ----------------------- | ||
| Thomas
Fitzgerald TERMINATED: 12/05/1994 |
represented by | Mark R. Yarkin (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY |
| Medical Diagnostic Testing,
Inc. TERMINATED: 12/05/1994 |
represented by | Mark R. Yarkin (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY |
V. | ||
Counter Defendant ----------------------- | ||
| The United States of
America TERMINATED: 12/05/1994 |
represented by | Aimee B. Wolfson (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY |
| Alan N. Taffet (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY | ||
| Lisa A. Jonas (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY | ||
| Manvin S. Mayell (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY | ||
| Robert B.
Reich TERMINATED: 12/05/1994 |
represented by | Aimee B. Wolfson (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY |
| Alan N. Taffet (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY | ||
| Lisa A. Jonas (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY | ||
| Manvin S. Mayell (See above for address) TERMINATED: 12/05/1994 LEAD ATTORNEY | ||
V. | ||
Cross Claimant ----------------------- | ||
| Michael Labarbara, JR. | represented by | Larry Bronson (See above for address) LEAD ATTORNEY |
aka "Big Mike" | ||
V. | ||
Cross Defendant ----------------------- | ||
| Mason Tenders District Council of Greater New York and Long Island | represented by | David W. Elbaor (See above for address) LEAD ATTORNEY |
| Executive Board of the Mason Tenders District Council of Greater New York | represented by | Joseph D. Pizzurro (See above for address) LEAD ATTORNEY |
| James
Lupo TERMINATED: 01/24/1996 |
represented by | Dominic F. Amorosa (See above for address) TERMINATED: 01/24/1996 LEAD ATTORNEY |
| Christopher
Suriano TERMINATED: 09/14/1995 |
represented by | Kevin O'Rourke Moore (See above for address) TERMINATED: 09/14/1995 LEAD ATTORNEY |
| Salvatore Lanza | represented by | Joseph D. Pizzurro (See above for address) LEAD ATTORNEY |
| Michael Pagano, JR. | represented by | Neal J. Hurwitz (See above for address) LEAD ATTORNEY |
| Brian J. Loiacono | represented by | Joseph D. Pizzurro (See above for address) LEAD ATTORNEY |
| Mason Tenders District Council Pension Fund | ||
| Mason Tenders District Council Welfare Fund | ||
| Mason Tenders District Council Annuity Fund | ||
| Mason Tenders District Council Asbestos Training Fund | ||
| Mason Tenders District Council Industry Fund | ||
| Mason Tenders District Council Legal Services Fund | ||
| Mason Tenders District Council Vacation Fund | ||
| James Messera | ||
| Ernest M. Muscarella | represented by | George L. Santangelo (See above for address) LEAD ATTORNEY |
| Richard
Kelly TERMINATED: 03/06/1996 |
represented by | Robert J. Costello (See above for address) TERMINATED: 03/06/1996 LEAD ATTORNEY |
| Anthony
Zotollo TERMINATED: 09/19/1997 |
represented by | Joseph A. Fiore (See above for address) TERMINATED: 09/19/1997 LEAD ATTORNEY |
| Joseph
Fater TERMINATED: 01/24/1996 |
represented by | Andrew M. Lawler (See above for address) TERMINATED: 01/24/1996 LEAD ATTORNEY |
| Baldo Mule | represented by | Cathy L. Waldor (See above for address) LEAD ATTORNEY |
| Ronald
Miceli TERMINATED: 01/31/1997 |
represented by | Diarmuid White (See above for address) TERMINATED: 01/31/1997 LEAD ATTORNEY |
| Louis Casciano | represented by | Louis Casciano 76 Sycamore Avenue Central Islip, NY 11722 (516) 234-8805 PRO SE (See above for address) |
| Albert
Soussi TERMINATED: 01/19/1996 |
represented by | Albert Soussi Albert Soussi 93 Serpentine Lane Islandia, NY 11722 (212) 234-9074 PRO SE (See above for address) |
| Carmine Mandragona | ||
| Anthony
Lanza TERMINATED: 01/12/1996 | ||
aka "Nino" | ||
| Thomas Fitzgerald | represented by | Mark R. Yarkin (See above for address) LEAD ATTORNEY |
| Medical Diagnostic Testing, Inc. | represented by | Mark R. Yarkin (See above for address) LEAD ATTORNEY |
| Wilfred L. Davis | represented by | Michael Kennedy (See above for address) LEAD ATTORNEY |
| Arthur M. Blau | represented by | Michael J. Dell (See above for address) TERMINATED: 09/12/1995 LEAD ATTORNEY |
| Steven G. Storch (See above for address) | ||
| Onofrio Macchio | represented by | Richard A. Rehbock (See above for address) LEAD ATTORNEY |
aka "Malfie" | ||
| Michael Capra | represented by | James J. Culleton (See above for address) LEAD ATTORNEY |
aka "Mikey Cap" | ||
| Peter
Vario TERMINATED: 01/19/1996 | ||
aka "Jocko" | ||
| Michael Labarbara, JR. | represented by | Larry Bronson (See above for address) LEAD ATTORNEY |
aka "Big Mike" | ||
| Paul J. O'Brien | ||
| Shelly M. Lipsett | ||
Filing Date |
# |
Docket Text |
| 09/08/1994 | 1 | COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c). (jl) (Entered: 09/08/1994) |
| 09/08/1994 | 2 | Rule 9 certificate filed by U.S.A., Robert B. Reich (jl) (Entered: 09/08/1994) |
| 09/08/1994 | 3 | Memorandum; dtd. 9/8/94 from C.J. Griesa; designating Judge Sweet to hear and determine 94Civ.6487 purs. to 18 USC 1966. (jl) (Entered: 09/08/1994) |
| 09/08/1994 | It is suggested that the case be classified as Expedited. Magistrate Judge Katz is so Designated. (jl) (Entered: 09/08/1994) | |
| 09/20/1994 | 4 | NOTICE OF MOTION by Carmine Mandragona to extend time 30 days to file an answer to the Cmplt , No Return date (mk) Modified on 09/22/1994 (Entered: 09/22/1994) |
| 10/06/1994 | 6 | RETURN OF SERVICE executed as to Michael Capra by personally serving a S&C upon deft at Local 48, 1734 White Plains Road, NY on 9/8/94. Answer due on 9/28/94 for Michael Capra. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 7 | RETURN OF SERVICE executed as to Onofrio Macchio by personally serving a S&C upon deft at 10 Kermit Ave., S.I., NY on 9/13/94. Answer due on 10/3/94 for Onofrio Macchio (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 8 | RETURN OF SERVICE executed as to Arthur M. Blau by personally serving a S&C upon deft at Blau, Soloway, Goldstein & Co., C.P.A.'s, 515 Madison Avenue, 7th Flr., NY on 9/8/94. Answer due on 9/28/94 for Arthur M. Blau. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 9 | RETURN OF SERVICE executed as to Wilfred L. Davis by personally serving a S&C upon Joy Holz, Esq. an authorized Agent who accepted same on behalf of Wilfred L. Davis at his law firm on 10/6/94. Answer due on 10/26/94 for Wilfred Davis. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 10 | RETURN OF SERVICE executed as to Thomas Fitzgerald, Medical Diag. Testing, Inc. by personally serving a S&C upon deft's Atty. Mark R. York at 173 Maple Ave., East Meadow, NY on 9/9/94. Answer due on 9/29/94 for Thomas Fitzgerald, for Medical Diag. Testing Inc. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 11 | RETURN OF SERVICE executed as to Anthony Lanza of a S&C accepted by counsel for Lanza on 9/14/94. Answer due on 10/4/94 for Anthony Lanza (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 12 | RETURN OF SERVICE executed as to Carmine Mandragona by personally serving a S&C upon deft at LSCI, Allenwood, PA on 9/9/94. Answer due on 9/29/94 for Carmine Mandragona (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 13 | RETURN OF SERVICE executed as to Louis Casciano by personally serving a S&C upon deft at 76 Sycamore Avenue, Central Islip, NY on 9/8/94. Answer due on 9/28/94 for Louis Casciano. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 14 | RETURN OF SERVICE executed as to Albert Soussi by personally serving a S&C upon deft at 93 Serpentine Lane, Islandia, NY on 9/8/94. Answer due on 9/28/94 for Albert Soussi. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 15 | RETURN OF SERVICE executed as to Ronald Miceli by personally serving a S&C upon deft., Inmate #32288-054, at FCI Coretto, PA. on 9/12/94. Answer due on 10/2/94 for Ronald Miceli. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 16 | RETURN OF SERVICE executed as to Baldo Mule by personally serving a S&C upon U.S. Dept of Labor, at 1633 Broadway, NY on 9/9/94. Answer due on 9/29/94 for Baldo Mule. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 17 | RETURN OF SERVICE executed as to Joseph Fater by personally serving a S&C upon deft at 111 Elmsmere Rd., Mt. Vernon, NY on 9/9/94. Answer due on 9/29/94 for Joseph Fater. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 18 | RETURN OF SERVICE executed as to Anthony Zotollo by personally serving a S&C upon deft at 117-75 126th St., South Ozone Park, NY on 9/8/94. Answer due on 9/28/94 for Anthony Zotollo. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 19 | RETURN OF SERVICE executed as to Richard A. Kelly by serving a S&C upon deft., by leaving same with Ramona Kelly, Wife at 2321 Pond Rd., Lake Ronkonkoma, NY on 9/8/94. Answer due on 9/28/94 for Richard A. Kelly. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 20 | RETURN OF SERVICE executed as to Ernest Muscarella by delivering a S&C and serving upon Peter Fleming, Esq, authorized to accept same at 101 Park Ave. NY on 9/12/94. Answer due on 10/2/94 for Ernest Mucarella. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 21 | RETURN OF SERVICE executed as to James Messera by personally serving a S&C upon deft., at the Federal Corrections Institution, Tallahassee, Fl. on 9/9/94. Answer due on 9/29/94 for James Messera. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 22 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon deft., Mason Tenders Dist. Council Vacation Fund, Paul Ragone, Admin. at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Vacation Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 23 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon deft., Mason Tenders Dist. Council Legal Services Fund, Paul Ragone, Admin., at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Legal Services Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 24 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon Mason Tenders Distr. Council Industry Fund, Paul Ragone, Admin. at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Industry Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 25 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon Mason Tenders Dist. Council Asbestos Training Fund, Paul Ragone, Admin. at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Asbestos Training Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 26 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon Mason Tenders Dist. Council Annuity, Paul Ragone, Admin. at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Annity Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 27 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon Mason Tenders Dist. Council Welfare Fund, Paul Ragone, Admin., at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Welfare Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 28 | RETURN OF SERVICE executed as to Mason Tenders by personally serving a S&C upon Mason Tenders Dist. Council Pension Fund, Paul Ragone, Admin. at 32 West 18th St., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Dist. Council Pension Fund. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 29 | RETURN OF SERVICE executed as to Brian J. Loiacono by personally serving a S&C upon Peter Fleming, Esq. at 101 Park Avenue, NY, authorized agent to accept same on 9/8/94. Answer due on 9/28/94 for Brian J. Loiacono (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 30 | RETURN OF SERVICE executed as to Salvatore Lanza by personally serving a S&C upon Peter Fleming, Esq., authorized agent to accept service at 101 Park Avenue, NY on 9/8/94. Answer due on 9/28/94 for Salvatore Lanza (dvg) (Entered: 10/13/1994) |
| 10/06/1994 | 31 | RETURN OF SERVICE executed as to Michael Pagano JR. by personally serving a S&C upon Peter Fleming, Esq. authorized agent to accept service at 101 Park Avenue, NY on 9/8/94. Answer due on 9/28/94 for Michael Pagano JR. (dvg) (Entered: 10/13/1994) |
| 10/06/1994 | 32 | RETURN OF SERVICE executed as to Christopher Suriano by delivering a S&C and serving upon Mrs. Suriano, authorized to accept same at deft's dwelling on 9/8/94. Answer due on 9/28/94 for Christopher Suriano (dvg) (Entered: 10/13/1994) |
| 10/06/1994 | 33 | RETURN OF SERVICE executed as to Mason Tenders Executive Board by personally serving a S&C upon Peter Fleming, Esq., authorized agent to accept service at 101 Park Ave., NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders Executive Board. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 34 | RETURN OF SERVICE executed as to James Lupo, Pres., Union Trustee to the Trust Funds, by personally serving a S&C upon Peter Fleming, Esq., authorized agent to accept service at 101 Park Ave., NY on 9/8/94. Answer due on 9/28/94 for James Lupo (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 35 | RETURN OF SERVICE executed as to Mason Tenders Dist. Council of Greater, NY by personally serving a S&C upon Peter Fleming, Esq., authorized agent to accept service at 101 Park Avenue, NY on 9/8/94. Answer due on 9/28/94 for Mason Tenders (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 36 | RETURN OF SERVICE executed as to Michael Labarbara JR. by personally serving a S&C upon Larry Bronson, Esq., authorized agent to accept service at 80 Pine St., NY on 9/22/94. Answer due on 10/12/94 for Michael Labarbara JR. (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 37 | RETURN OF SERVICE executed as to Paul J. O'Brien by personally serving deft at Building Contractors Assoc., 451 Park Ave. So., NY on 9/8/94. Answer due on 9/28/94 for Paul J. O'Brien (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/06/1994 | 38 | RETURN OF SERVICE executed as to Shelly M. Lipsett by personally serving a S&C upon deft at Cleveland Wrecking, 38-08 43rd Ave., LIC., NY on 9/9/94. Answer due on 9/29/94 for Shelly M. Lipsett (dvg) Modified on 10/13/1994 (Entered: 10/13/1994) |
| 10/19/1994 | 6 | STIPULATION and ORDER, reset answer due for 10/25/94 for Ernest M. Muscarella ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 7 | STIPULATION and ORDER, reset answer due for 10/25/94 for Wilfred L. Davis ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 8 | STIPULATION and ORDER, reset answer due for 10/25/94 for Onofrio Macchio ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 9 | STIPULATION and ORDER, reset answer due for 10/25/94 for Anthony Lanza ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 10 | STIPULATION and ORDER, reset answer due for 10/25/94 for Joseph Fater ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 11 | STIPULATION and ORDER, reset answer due for 10/25/94 for Brian J. Loiacono, for Salvatore Lanza, for Mason Tenders ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 12 | STIPULATION and ORDER, reset answer due for 10/25/94 for Christopher Suriano ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 13 | STIPULATION and ORDER, reset answer due for 10/25/94 for James Lupo ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 14 | STIPULATION and ORDER, eset answer due for 10/25/94 for Anthony Zotollo ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 15 | STIPULATION and ORDER, reset answer due for 10/25/94 for Paul J. O'Brien ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/19/1994) |
| 10/19/1994 | 16 | NOTICE of Appearance by Albert Soussi. (jr) (Entered: 10/21/1994) |
| 10/21/1994 | 22 | NOTICE of appearance by Louis Casciano, Pro Se. (jr) (Entered: 10/26/1994) |
| 10/21/1994 | 23 | RETURN OF SERVICE executed as to Peter Vario by personally serving a Summons and Complaint upon deft at FPC - Allenwood, PA on 9/9/94. Answer due on 9/29/94 for Peter Vario (dvg) (Entered: 10/27/1994) |
| 10/24/1994 | 21 | ANSWER to Complaint by Wilfred L. Davis (Attorney Michael Kennedy), ; Firm of: Michael Kennedy, P.C. by attorney Michael Kennedy for defendant Wilfred L. Davis (jr) (Entered: 10/26/1994) |
| 10/24/1994 | Memo endorsed on motion; granting [4-1] motion to extend time 30 days to file an answer to the Cmplt ( signed by Judge Robert W. Sweet ); Copies mailed. (jr) (Entered: 10/26/1994) | |
| 10/25/1994 | 17 | ANSWER to Complaint by Executive Board, Salvatore Lanza, Brian J. Loiacono (Attorney Joseph D. Pizzurro), ; Firm of: Curtis Mallet-Prevost Colt & Mosle by attorney Joseph D. Pizzurro for defendant Brian J. Loiacono. (jr) Modified on 10/26/1994 (Entered: 10/26/1994) |
| 10/25/1994 | 18 | Case information Statement Addendum filed. Purs. to statement, it is suggested that the case be classified as Complex. (jr) (Entered: 10/26/1994) |
| 10/25/1994 | 19 | ANSWER to Complaint by Michael Capra (Attorney James J. Culleton), ; Firm of: Culleton Marinaccio & Foglia by attorney James J. Culleton for defendant Michael Capra (jr) (Entered: 10/26/1994) |
| 10/25/1994 | 20 | ANSWER to complaint and CROSSCLAIM by Anthony Zotollo (Attorney Joseph A. Fiore) against James Lupo, Mason Pension Fund, Mason Welfare Fund, Mason Annuity Fund, James Messera, Joseph Fater, Thomas Fitzgerald, Medical Diagnostic, Wilfred L. Davis (jr) (Entered: 10/26/1994) |
| 10/25/1994 | 25 | ANSWER to Complaint by Arthur M. Blau (Attorney Michael J. Dell), ; Firm of: Kramer Levin Naftalis Nessen & Frankel by attorney Michael J. Dell for defendant Arthur M. Blau (jr) (Entered: 10/27/1994) |
| 10/26/1994 | 24 | ANSWER to Complaint by Ernest M. Muscarella (Attorney George L. Santangelo), ; Firm of: Santangelo Santangelo & Cohen by attorney George L. Santangelo for defendant Ernest M. Muscarella (jr) (Entered: 10/27/1994) |
| 10/26/1994 | 26 | ANSWER to Complaint by Christopher Suriano (Attorney Kevin O'Rourke Moore), ; Firm of: Moriwaki & Moore, P.C. by attorney Kevin O'Rourke Moore for defendant Christopher Suriano (jr) (Entered: 10/27/1994) |
| 10/28/1994 | 27 | ANSWER to Complaint by James Lupo (Attorney Dominic F. Amorosa), ; Firm of: Dominic F. Amorosa by attorney Dominic F. Amorosa for defendant James Lupo (jr) (Entered: 10/31/1994) |
| 10/28/1994 | 28 | CERTIFICATE OF SERVICE of Answer by Mason Tenders, Executive Board, Salvatore Lanza, Brian J. Loiacono as to Defendants Messera , Miceli, Vario, O'Brien, and Soussi via First Class Mail on 10/27/94. (jr) (Entered: 10/31/1994) |
| 10/28/1994 | 29 | ANSWER to Complaint by Michael Pagano JR. (Attorney Neal J. Hurwitz), ; Firm of: Neal J. Hurwitz, Esq. by attorney Neal J. Hurwitz for defendant Michael Pagano JR. (jr) (Entered: 10/31/1994) |
| 10/31/1994 | 41 | ANSWER to Complaint by Baldo Mule (Attorney Cathy L. Waldor),; Firm of: Waldor Carlesimo & Biancone, P.C. by attorney Cathy L. Waldor for defendant Baldo Mule. (jr) (Entered: 11/03/1994) |
| 10/31/1994 | 44 | Affidavit of service of Answer to Complaint, as to Mason Tenders, Executive Board, James Lupo, Christopher Suriano, Salvatore Lanza, Michael Pagano JR., Brian J. Loiacono, Mason Pension Fund, Mason Welfare Fund, Mason Annuity Fund, Mason Asbestos Fund, Mason Industry Fund, Mason Legal Fund, Mason Vacation Fund, James Messera, Ernest M. Muscarella, Richard Kelly, Anthony Zotollo, Joseph Fater, Baldo Mule, Ronald Miceli, Louis Casciano, Albert Soussi, Carmine Mandragona, Anthony Lanza, Thomas Fitzgerald, Medical Diagnostic, Wilfred L. Davis, Arthur M. Blau, Onofrio Macchio, Michael Capra, Peter Vario, Michael Labarbara JR., Paul J. O'Brien, Shelly M. Lipsett by Depositing in care of U.S. Postal Service, on 10/26/94 (pl) (Entered: 11/07/1994) |
| 11/01/1994 | 30 | NOTICE OF MOTION by U.S.A., Robert B. Reich for summary judgment , and for preliminary injunction , Return date 12/21/94. (Exhibits attached). (jr) (Entered: 11/01/1994) |
| 11/01/1994 | 31 | DECLARATION of Allan N. Taffet in support by U.S.A., Robert B. Reich [30-1] motion for summary judgment, [30-2] motion for preliminary injunction. (jr) (Entered: 11/01/1994) |
| 11/01/1994 | 32 | MEMORANDUM OF LAW by U.S.A., Robert B. Reich in support of [30-1] motion for summary judgment, [30-2] motion for preliminary injunction. (jr) (Entered: 11/01/1994) |
| 11/01/1994 | 45 | THIRD-PARTY COMPLAINT by Anthony Zotollo against ; Third-party summons issued. (pl) (Entered: 11/07/1994) |
| 11/01/1994 | 46 | FIRST REQUEST for Production of Documents by Anthony Zotollo (pl) (Entered: 11/07/1994) |
| 11/02/1994 | 33 | STIPULATION and ORDER, that if, either at a deposition, or at any hearing, trial, or proceeding in this action, Alfio DiFranco is asked any question relating in any way to the following matters, DiFranco will decline to answer or to produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1) Any matters referred to in the Complaint in this action. 2) Any matters concerning DiFranco's knowledge of La Cosa Nostra, the Genovese Organized Crime Family, James Messera or ronald Miceli. 3) Any matters concerning DiFranco's role in connection with the preparation of appraisals for: (1) eight properties located in Brooklyn and purchased by the Mason Tenders' Pension Fund in 1990; and (2) the building located at 32-36 West 18th Street and purchased by the Mason Tenders' Pension Fund in 1990 ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 34 | STIPULATION and ORDER, that if, either at a deposition, or at any hearing, trial, or proceeding in this action, james Messera is asked any questions relating in any way to the following matters, Messera will decline to answer or produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Consitution of the United States: 1. Any matters referred to in the Complaint in this action. 2. Any matters concerning Messera's knowledge of or membership in La Cosa Nostra or the Genovese Organized Crime Family. 3. Any matters concerning Messera's knowledge of any criminal activities of members or officers of the Mason Tenders District Council of Greater New York, its constituent locals or its Trust Funds ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 35 | STIPULATION and ORDER, that if, either at thedeposition, or at any hearing, trial, or proceeding in this action, Lawrence DiSalvo is asked any question relating in any way to the following matters, DiSalvo will, on the advice of counsel, decline to answer or to produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the complaint in this action. 2. Any matters concerning DiSalvo's knowledge of the criminal activities of members of the Mason Tenders District Council of Greater New York ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 36 | STIPULATION and ORDER, that if either at the deposition, or at any hearing, trial, or proceeding in this action, Frank Weidner is asked any question relating in any way to the following matters, Weidner will, on the advice of counsel, decline to answer or produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the Complaint in this action. 2. Any matters concerning Weidner or Hesco's delivery or payment of money or things of value to Michael Pagano. 3. Any matters concerning Weidner or Hesco's delivery or payment of money or things of value to Frank Lupo. 4. Any matters concerning Weidner's knowledge of criminal activities of members of the Mason Tenders District Council ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 37 | STIPULATION and ORDER, that if, either at the deposition, or at any hearing, trial, or proceeding in this action, Frank Pisani is asked any question relating in any way to the following matters, Pisani will, on the advice of counsel, decline to answer or to produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the Complaint in this action. 2. Any matters concerning Pisani's payment of kickbacks to Joseph Fater. 3. Any matters concerning Pisani's payment of kickback to Frank Lupo. 4. Any matters concerning Pisani' knowledge of the criminal activities of members of the Mason Tenders District Council of Greater New York ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 38 | STIPULATION and ORDER, that if, either at the deposition, or at any hearing, trial, or proceeding in this action, John Perisa is asked any question relating in any way to the following matters, Perisa, will on the advice of counsel, decline to answer or produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the Complaint in this action. 2. Any matters concerning Perisa's delivery or payment of money or things of value to Michael Pagano. 3. Any matters concerning Perisa's delivery or payment of money or things of value to Frank Lupo. 4. Any matters concerning Perisa's knowledge of the criminal activities of members of the Mason Tenders District Council ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 39 | STIPULATION and ORDER, that if, either at the deposition, or at any hearing, trial, or proceeding in this action, Florentino is asked any question relating in any way to the following matters, Michael Florentino, on the advice of counsel, will decline to answer or to produce documents on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the Complaint in this action. 2. Any matters concerning Florentino's knowledge of the criminal activities of members of the Mason Tenders District Council of Greater New York ( signed by Judge Robert W. Sweet ). (jr) Modified on 11/02/1994 (Entered: 11/02/1994) |
| 11/02/1994 | 40 | STIPULATION and ORDER, that if, either at a deposition, or at any hearing, trial, or proceeding in this action, Diane Mistretta is asked any question relating in any way to the following matters, Mistretta will decline to answer or to produce documents, on the basis of his privilege against self-incrimination pursuant to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the Complaint in this action. 2. Any matters cocnerning Mistretta's knowledge of La Cosa Nostra, the Genovese Crime Family, James Messera or Ronalgd Miceli. 3. Any matters concerning Mistretta's role in connection with the preparation of appraisals for: (1) eight properties located in Brooklyn and purchased by the Mason Tenders' Pension Fund in 1990; and (2) the building located at 32-36 West 18th Street and purchased by the Mason Tenders' Pension Fund in 1990 ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/02/1994) |
| 11/02/1994 | 42 | ANSWER to Complaint by Joseph Fater (Attorney Andrew M. Lawler), ; Firm of: Andrew M. Lawler, P.C. by attorney Andrew M. Lawler for defendant Joseph Fater (jr) (Entered: 11/03/1994) |
| 11/03/1994 | 43 | STIPULATION and ORDER, reset answer due for 10/13/94 for Medical Diagnostic, for Thomas Fitzgerald ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/03/1994) |
| 11/04/1994 | 47 | ANSWER to Complaint by Richard Kelly (Attorney Robert J. Costello), ; Firm of: Gibney Anthony & Flaherty by attorney Robert J. Costello for defendant Richard Kelly (jr) (Entered: 11/10/1994) |
| 11/04/1994 | 49 | Filed Memo-Endorsement on letter from Peter Fleming, Jr. to Judge Sweet dated November 3, 1994, reset pretrial conference for 11/16/94 ( signed by Judge Robert W. Sweet ) (jr) (Entered: 11/16/1994) |
| 11/07/1994 | 48 | ANSWER to Complaint by Onofrio Macchio (Attorney Richard A. Rehbock), ; Firm of: Law Office of Richard A. Rehbock by attorney Richard A. Rehbock for defendant Onofrio Macchio (jr) (Entered: 11/10/1994) |
| 11/07/1994 | 50 | Letter filed by Peter Vario dated November 3, 1994 re Mr. Vario's answer to the complaint. (jr) (Entered: 11/18/1994) |
| 11/09/1994 | 51 | ANSWER to Complaint by Ronald Miceli (Attorney Diarmuid White), ; Firm of: Diarmuid White by attorney Diarmuid White for defendant Ronald Miceli (jr) (Entered: 11/18/1994) |
| 11/09/1994 | 52 | AMENDED ANSWER to Complaint by Thomas Fitzgerald, Medical Diagnostic : amends [20-1] answer (jr) (Entered: 11/18/1994) |
| 11/09/1994 | 53 | ANSWER to Complaint by Medical Diagnostic (Attorney Mark R. Yarkin), ; Firm of: Mark R. Yarkin by attorney Mark R. Yarkin for defendant Medical Diagnostic (jr) (Entered: 11/18/1994) |
| 11/09/1994 | 54 | ANSWER to Complaint by Thomas Fitzgerald (Attorney Mark R. Yarkin), ; Firm of: Mark R. Yarkin by attorney Mark R. Yarkin. (jr) (Entered: 11/18/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE as to Medical Diagnostic by post-paid wrapper on 11/1/94 Answer due on 11/21/94 for Medical Diagnostic (pl) (Entered: 11/23/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to Diane Mistretta, by postpaid addressed wrapper on 11/1/94 (pl) (Entered: 11/23/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to East Tremont Medical Laboratory, Inc., on 11/1/94 (pl) Modified on 11/23/1994 (Entered: 11/23/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to TIC International Corp. on 11/1/94 (pl) (Entered: 11/23/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to the Fitzgerald Group of Health Care Professionals, Inc. on 11/1/94 (pl) (Entered: 11/23/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to Roger Levin, c/o Levin & Weissman on 11/1/94 (pl) (Entered: 11/23/1994) |
| 11/17/1994 | 55 | ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to Alfio DiFranco, by on 11/1/94 (pl) (Entered: 11/23/1994) |
| 11/17/1994 | 56 | NOTICE of attorney appearance and Substitution of Counsel for Mason Tenders by David W. Elbaor (pl) (Entered: 11/23/1994) |
| 11/29/1994 | 57 | ANSWER by Joseph Fater to [20-2] cross claim ; Firm of: Andrew M. Lawler, P.C. by attorney Andrew M. Lawler. (jr) (Entered: 11/30/1994) |
| 11/30/1994 | Pre-trial conference held (rag) (Entered: 12/01/1994) | |
| 11/30/1994 | 58 | ANSWER by Thomas Fitzgerald, Medical Diagnostic to [20-2] cross claim ; Firm of: Mark R. Yarkin by attorney Mark R. Yarkin. (jr) (Entered: 12/01/1994) |
| 11/30/1994 | 58 | COUNTERCLAIM by Thomas Fitzgerald, Medical Diagnostic against U.S.A., Robert B. Reich (jr) (Entered: 12/01/1994) |
| 12/05/1994 | 59 | STIPULATION AND ORDER of dismissal of Zotollo's cross-claims as to Fater without costs. Fater's Counterclaims as to Zotollo are hereby withdrawn; (Signed by Judge Robert W. Sweet) (jr) Modified on 12/05/1994 (Entered: 12/05/1994) |
| 12/05/1994 | 60 | STIPULATION AND ORDER of dismissal of the First and Second Cross-claims byh Zotollo; ( signed by Judge Robert W. Sweet ) (jr) (Entered: 12/05/1994) |
| 12/05/1994 | 61 | NOTICE OF CROSS MOTION by Ronald Miceli for summary judgment , Return date 12/21/94 (jr) (Entered: 12/07/1994) |
| 12/05/1994 | 62 | MEMORANDUM OF LAW by Ronald Miceli in support of [61-1] cross motion for summary judgment. (jr) (Entered: 12/07/1994) |
| 12/05/1994 | 63 | STIPULATION AND ORDER of dismissal of Zotollo's Crossclaims, as well as Fitzgerald and Medical Diagnostic's counterclaims; ( signed by Judge Robert W. Sweet ) (jr) (Entered: 12/07/1994) |
| 12/08/1994 | 64 | STIPULATION and ORDER, reset defendants Alfio DiFranco's and Diane Mistretta's answer to the Third party complaint due for 10/25/94 ( signed by Judge Robert W. Sweet ). (jr) (Entered: 12/08/1994) |
| 12/12/1994 | 65 | STIPULATION and ORDER, reset answer due for 10/25/94 for thir-party defendant TIC International Corporation ( signed by Judge Robert W. Sweet ). (jr) (Entered: 12/15/1994) |
| 12/14/1994 | 66 | Filed Memo-Endorsement on letter from Aimee B. Wolfson to Judge Sweet dated December 9, 1994, Response to motion reset to 1/27/95 for [61-1] cross motion for summary judgment , and Reply to Response to Motion reset to 2/1/95 for [61-1] cross motion for summary judgment, reset to 2/1/95 for [30-1] motion for summary judgment, reset to 2/1/95 for [30-2] motion for preliminary injunction , and Return date reset to 2/8/95 for [61-1] cross motion for summary judgment, 2/8/95 for [30-1] motion for summary judgment, 2/8/95 for [30-2] motion for preliminary injunction ( signed by Judge Robert W. Sweet ) (jr) (Entered: 12/21/1994) |
| 12/27/1994 | 67 | CONSENT JUDGMENT # for U.S.A., Robert B. Reich for permanent injunction against Mason Tenders, Executive Board, James Lupo, Christopher Suriano, Salvatore Lanza, Michael Pagano JR., Brian J. Loiacono, Mason Pension Fund, Mason Welfare Fund, Mason Annuity Fund, Mason Asbestos Fund, Mason Industry Fund, Mason Legal Fund, Mason Vacation Fund, James Messera, Ernest M. Muscarella, Richard Kelly, Anthony Zotollo, Joseph Fater, Baldo Mule, Ronald Miceli, Louis Casciano, Albert Soussi, Carmine Mandragona, Anthony Lanza, Thomas Fitzgerald, Medical Diagnostic, Wilfred L. Davis, Arthur M. Blau, Onofrio Macchio, Michael Capra, Peter Vario, Michael Labarbara JR., Paul J. O'Brien, Shelly M. Lipsett ( signed by Judge Lawrence M. McKenna ) E.O.D. 1/3/95 (jr) (Entered: 01/03/1995) |
| 12/27/1994 | Case closed (jr) (Entered: 01/03/1995) | |
| 01/06/1995 | 68 | NOTICE OF MOTION by Michael Labarbara JR. for an order allowing Michael Labarbara Jr. to answer the complaint , Return date 1/11/95. Affidavit and Memo of Law in support attached. (emil) (Entered: 01/09/1995) |
| 01/06/1995 | 69 | NOTICE OF CROSS MOTION by Joseph Fater for partial summary judgment pur Rule 56 on the 5th & 7th , Return date 2/8/95 (rag) (Entered: 01/10/1995) |
| 01/06/1995 | 70 | MEMORANDUM OF LAW by Joseph Fater in support of [69-1] cross motion for partial summary judgment pur Rule 56 on the 5th & 7th Claims. (rag) (Entered: 01/10/1995) |
| 01/09/1995 | 71 | NOTICE OF MOTION to set aside default judgment , Return date 1/25/95 (jr) (Entered: 01/11/1995) |
| 01/09/1995 | 72 | MEMORANDUM by James Lupo in opposition to the Govt's Summary Jgmt Motion against James Lupo (mk) (Entered: 01/12/1995) |
| 01/17/1995 | 73 | STIPULATION and ORDER, extending time for third party deft TIC International to answer to the Third Party Complaint is extended to 2/15/95 , reset answer due for 2/15/95 for TIC International ( signed by Judge Robert W. Sweet ). (kg) (Entered: 01/18/1995) |
| 01/17/1995 | 74 | ORDER granting [30-1] motion for partial summary judgment against the 6 individual defts on the the 1st, 2nd, 3rd, & 4th claims for Relief set forth in the cmplt.-- with respect to the racketeering acts specified in this order & in the Government's 11/1/94 Memorandum of Law, granting [30-2] motion for preliminary injunction against the 6 individual defts, Ordered that pending submissions on the scope of relief & entry of judgment against the 6 individual defts, the 6 individual defts are enjoined as follows:...(see document) ( signed by Judge Robert W. Sweet ); Copies mailed (lam) (Entered: 01/20/1995) |
| 01/18/1995 | 75 | STIPULATION and ORDER, reset answer due for third party defts Alfio DiFranco and Diane Mistretta for 9/28/94 ( signed by Judge Robert W. Sweet ). (kk) Modified on 07/18/1995 (Entered: 01/21/1995) |
| 01/23/1995 | Pre-trial conference held (rag) (Entered: 01/24/1995) | |
| 01/27/1995 | Case reopened (kk) (Entered: 01/27/1995) | |
| 01/30/1995 | 76 | DECLARATION of Manvin S. Mayell in support of pltff's motion for Summary Judgment by U.S.A., Robert B. Reich (ls) Modified on 01/31/1995 (Entered: 01/31/1995) |
| 01/30/1995 | 77 | REPLY MEMORANDUM by U.S.A., Robert B. Reich IN FURTHER SUPPORT of its partial Summary Judgment motion against James Lupo & Joseph Faters, and IN OPPOSITION TO [69-1] cross motion for partial summary judgment pur Rule 56 on the 5th & 7th (ls) Modified on 07/18/1995 (Entered: 01/31/1995) |
| 01/30/1995 | 78 | Filed Memo-Endorsement on letter from Aimee B. Wolfson to Judge Sweet dated January 25, 1995, adjourning the briefing schedule and return date of the Government's pending motion for partial summary judgment against Miceli only and Miceli's pending cross-motion for summary judgment against the Government ( signed by Judge Robert W. Sweet ) (jr) (Entered: 02/01/1995) |
| 02/03/1995 | 79 | Memo endorsed on letter motion;, motion filing deadline on motion to modify the consent decree extended an additional sixty days ( signed by Judge Robert W. Sweet ); Copies mailed. (jr) (Entered: 02/06/1995) |
| 02/03/1995 | 80 | NOTICE OF MOTION by Joseph Fater for leave to file Third Party Complaint upon Roger Levin, Frank Lupo, the Mason Tenders District Council Pension Fund & the Mason Tenders Ditrict Council Welfare Fund. With affidavit by atty Maurice M. McDermott attached. Return date 2/8/95 @12:00. (lam) Modified on 02/07/1995 (Entered: 02/07/1995) |
| 02/03/1995 | 81 | MEMORANDUM by Joseph Fater in SUPPORT of [80-1] motion for leave to file Third Party Complaint upon Roger Levin, Frank Lupo, the Mason Tenders District Council Pension Fund & the Mason Tenders Ditrict Council Welfare Fund. (lam) (Entered: 02/07/1995) |
| 02/10/1995 | 82 | Affidavit of service, of deft FAter's motion, as to Mason Tenders by hand on 2/7/95 (cd) (Entered: 02/14/1995) |
| 02/15/1995 | 83 | RESPONSE by Michael Pagano JR. to Re: the first set of interrogatories of plaintiff. (ae) (Entered: 02/16/1995) |
| 02/15/1995 | 85 | STIPULATION and ORDER, set answer to third-party complaint due for 9/28/94 ( signed by Judge Robert W. Sweet ). (jr) (Entered: 02/17/1995) |
| 02/15/1995 | 86 | ANSWER to Complaint by Michael Labarbara JR. (Attorney Larry Bronson), ; Firm of: Larry Bronson by attorney Larry Bronson for defendant Michael Labarbara JR. (djc) (Entered: 02/17/1995) |
| 02/15/1995 | 86 | CROSSCLAIM by Michael Labarbara JR. against Mason Tenders, Executive Board, James Lupo, Christopher Suriano, Salvatore Lanza, Michael Pagano JR., Brian J. Loiacono, Mason Pension Fund, Mason Welfare Fund, Mason Annuity Fund, Mason Asbestos Fund, Mason Industry Fund, Mason Legal Fund, Mason Vacation Fund, James Messera, Ernest M. Muscarella, Richard Kelly, Anthony Zotollo, Joseph Fater, Baldo Mule, Ronald Miceli, Louis Casciano, Albert Soussi, Carmine Mandragona, Anthony Lanza, Thomas Fitzgerald, Medical Diagnostic, Wilfred L. Davis, Arthur M. Blau, Onofrio Macchio, Michael Capra, Peter Vario, Michael Labarbara JR., Paul J. O'Brien, Shelly M. Lipsett (djc) (Entered: 02/17/1995) |
| 02/16/1995 | 84 | SEALED DOCUMENT placed in vault (sp) (Entered: 02/16/1995) |
| 02/17/1995 | 87 | STIPULATION and ORDER, reset answer due for 3/15/95 for TIC International ( signed by Judge Robert W. Sweet ). (jr) (Entered: 02/21/1995) |
| 02/21/1995 | 88 | REPLY MEMORANDUM OF LAW by Joseph Fater in support re: [69-1] cross motion for partial summary judgment pur Rule 56 on the 5th & 7th Claims. (kg) (Entered: 02/21/1995) |
| 02/21/1995 | 89 | REPLY DECLARATION of Maurice McDermott in support by Joseph Fater [69-1] cross motion for partial summary judgment pur Rule 56 on the 5th & 7th claim. (kg) (Entered: 02/21/1995) |
| 02/21/1995 | 90 | Filed Memo_Endorsement on letter dated 2/15/95, govt request for this letter regarding the oral argument on the summary judgment motion and the govt letter of 2/6/95 be docketed as part of the record oof the trusteeship lawsuit is granted ( signed by Judge Robert W. Sweet ) (cd) (Entered: 02/22/1995) |
| 02/24/1995 | 91 | ANSWER by Anthony Zotollo to [86-1] cross claim ; Firm of: Albanese, Albanese & Fiore by attorney Joseph A. Fiore for cross-defendant Anthony Zotollo (djc) (Entered: 02/27/1995) |
| 02/24/1995 | Memo endorsed on motion; granting [80-1] motion for leave to file Third Party Complaint upon Roger Levin, Frank Lupo, the Mason Tenders District Council Pension Fund & the Mason Tenders Ditrict Council Welfare Fund. ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 02/27/1995) | |
| 02/28/1995 | 92 | Filed Memo-Endorsement on letter to Judge Sweet from David R. Boyd dated 2/17/95, In Re: writing to request a one day delay in the Court's consideration of the pltffs' motion for preliminary injunction.....This application is denied. However, any matters requiring LIUWA shall be adjourned to 2/28 ( signed by Judge Robert W. Sweet ) (kg) (Entered: 03/01/1995) |
| 02/28/1995 | 95 | SEALED DOCUMENT placed in vault (af) (Entered: 03/06/1995) |
| 03/02/1995 | 93 | Transcript of record of proceedings filed for dates of November 30, 1994. (jr) (Entered: 03/02/1995) |
| 03/02/1995 | 94 | STIPULATION and ORDER, for confidentiality ( signed by Judge Robert W. Sweet ). (jr) (Entered: 03/06/1995) |
| 03/17/1995 | 96 | STIPULATION and ORDER, extending time for third party deft TIC International to answer is extended to 4/17/95 , reset answer due for 4/17/95 for TIC International ( signed by Judge B. Sand ). (kg) (Entered: 03/17/1995) |
| 03/17/1995 | 97 | Text not available. (Entered: 03/20/1995) |
| 03/17/1995 | 97 | STIPULATION and ORDER, that the time for said third party defts Alfio DiFranco and Diane Mistretta's answer or response to the Third Party Complaint shall be served on or before 4/17/95, set answer due for 4/17/95 for Alfio DiFranco, for Diane Mistretta ( signed by Judge Leonard B. Sand ). (kg) (Entered: 03/20/1995) |
| 03/30/1995 | 98 | STIPULATION and ORDER, extending time for third party deft TIC International to answer to the Third Party Complaint is hereby extended to 4/17/95 , reset answer due for 4/17/95 for TIC International Corp. ( signed by Judge Robert W. Sweet ). (kg) (Entered: 03/30/1995) |
| 03/31/1995 | 99 | STIPULATION and ORDER, that if, either at a deposition, or at any hearing, trial, or proceeding in this action, Lanza is asked any question relating in any way to the following matters, Lanza will deline to answer or to produce documents, on the basis of his privilege against self-incrimination purs. to the Fifth Amendment to the Constitution of the United States: 1. Any matters referred to in the complaint in this action, 2. Any matters concerning Lanza's knowledge of or membership in or association with La Cosa Nostra or the Genovese Organized Crime Family. Any matters concerning Lanza's knowledge of or participation in any criminal activities involving the Mason Tenders District Council of Greater NY, its officers or members, constituent locals or its Trust Funds, including but not limited to any embezzelments involving the Mason Tenders' Annuity Fund or any criminal activity involving AMR, Inc. in connection with the performance of computer programming services on the Trust Funds' IBM AS-400 computer system. ( signed by Judge Robert W. Sweet ). (kg) (Entered: 04/04/1995) |
| 04/07/1995 | 100 | ORDER, deft Vario and Messera letter application for modification or dissolvement of the injunction against them entered 1/13/95 is denied; with leave to renew, see document ( signed by Judge Robert W. Sweet ); Copies mailed (cd) (Entered: 04/10/1995) |
| 04/10/1995 | 101 | REPLY by Peter Vario to the Government's opposition to the Motion returnable on 3/29/95. (ae) (Entered: 04/12/1995) |
| 04/10/1995 | 102 | Letter filed by Aimee B. Wolfson on behalf of James Messera, Peter Vario to Judge Sweet dated 3/6/95, Re: Court Order dated 1/13/95 (ae) (Entered: 04/12/1995) |
| 04/10/1995 | 103 | Letter filed by Peter Vario to Judge Sweet dated 1/25/95 Re: Your Honor's Order dated 1/13/95,.... (ae) (Entered: 04/12/1995) |
| 04/10/1995 | 104 | Letter filed by Peter Vario to Judge Sweet dated 2/15/95 Re: request that Your Honor, accept letter dated 1/25/95 as a motion. (ae) (Entered: 04/12/1995) |
| 04/10/1995 | 105 | Letter filed by Aimee B. Wolfson on behalf of U.S.A., Robert B. Reich dated 3/28/95, Re: in response to defendant Peter "Jocko" Vario's 3/22/95 letter to the Court in the above-referenced action. (ae) (Entered: 04/12/1995) |
| 04/10/1995 | 106 | Letter filed by Lawrence A. Vogelman to Judge Sweet dated 3/23/95, Re: writing the Court to correct some factual inaccuracies in Ms. Wolfson's letter of 3/6/95. (ae) (Entered: 04/12/1995) |
| 04/10/1995 | 107 | Letter filed by James Messera to Judge Sweet dated 1/31/95 Re: requesting the Court to vacate the default and the injunction,.... (ae) (Entered: 04/12/1995) |
| 04/18/1995 | 108 | STIPULATION and ORDER, extending time for third party deft TIC International Corp. to answer to the Third Party Complaint is extended to 6/16/95 , reset answer due for 6/16/95 for TIC International Corp. ( signed by Judge Robert W. Sweet ). (kg) (Entered: 04/19/1995) |
| 04/18/1995 | 109 | STIPULATION and ORDER, extending time for said party defts Alfio DiFranco and Diane Mistretta's answer or response to Third Party Complaint shall be served on or before 6/16/95 , reset answer due for 6/16/95 for Alfio DiFranco, for Diane Mistretta ( signed by Judge Robert W. Sweet ). (kg) (Entered: 04/19/1995) |
| 04/25/1995 | 110 | STIPULATION and ORDER, deft Michael Capra's right to refuse to answer any questions regarding organized crime at his deposition ( signed by Judge Robert W. Sweet ). (cd) (Entered: 04/26/1995) |
| 04/25/1995 | 111 | Filed Memo_Endorsement on letter dated 4/21/95, extending time tp 5/23/95 for plntf Government to submit memo of law in support of partial final judgment against 6 individual defts ( signed by Judge Robert W. Sweet ) (cd) (Entered: 04/26/1995) |
| 04/26/1995 | 112 | NOTICE OF MOTION by James Lupo to stay plaintiffs' discovery as to the defendant until after the pending motion for partial summary judgment is determined... w/attch affirm. in support by F. Amorosa, Return date 5/24/95 (pl) (Entered: 05/02/1995) |
| 04/26/1995 | 113 | CERTIFICATE OF SERVICE of Motice of Motion, supporting affidavit, exhibits, and memorandum of law, upon all attorneys for defendant's on 4/13/95. (pl) (Entered: 05/02/1995) |
| 05/05/1995 | 114 | NOTICE OF MOTION for Mark R. Yarkin to withdraw as attorney of record for defts. Thomas Fitzgerald, Medical Diagnostic Testing, Inc., Third-party Defts Medical Diagnostic Laboratory, Inc., East Tremont Medical Laboratory, Inc. and The Fitzgerald Group of Healthcare Professionals, Inc. , Declaration of Mark R. Yarkin attached to motion, Return date 5/17/95 (ls) (Entered: 05/10/1995) |
| 05/15/1995 | 115 | MEMORANDUM OPINION # 74745 denying [69-1] cross motion for partial summary judgment pur Rule 56 on the 5th & 7th; the govt's motion for summary jdgmnt on liability on claim V as it pertains to Lupo and Fater and Claim Vii as it pertains to fAter is granted ( Signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 05/17/1995) |
| 05/15/1995 | 116 | STIPULATION and ORDER, appointing Lawrence Pedowitz, of WAchtell. Lipton etal as independent Monitor under the joint consent decree of 1/17/95...see document ( signed by Judge Robert W. Sweet ). (cd) (Entered: 05/18/1995) |
| 05/17/1995 | 125 | Letter filed by U.S.A. dated 4/27/95 re: discovery stay (dktd. & fld by instr. of chambers on 5/17/95) (pl) (Entered: 06/06/1995) |
| 05/18/1995 | Memo endorsed on motion; denying [112-1] motion to stay plaintiffs' discovery as to the defendant until after the pending motion for partial summary judgment is determined... MOTION DENIED AS MOOT. SO ORDERED. ( signed by Judge Robert W. Sweet ); Copies mailed. (djc) (Entered: 05/22/1995) | |
| 05/18/1995 | Memo endorsed on motion; granting [114-1] motion for Mark R. Yarkin to withdraw as attorney of record for defts. Thomas Fitzgerald, Medical Diagnostic Testing, Inc., Third-party Defts Medical Diagnostic Laboratory, Inc., East Tremont Medical Laboratory, Inc. and The Fitzgerald Group of Healthcare Professionals, Inc. (Terminated ( signed by Judge Robert W. Sweet ); Copies mailed. (djc) (Entered: 05/22/1995) | |
| 05/19/1995 | 117 | NOTICE OF MOTION by U.S.A., Robert B. Reich for permanent injunction , Return date 8/2/95 (jr) (Entered: 05/23/1995) |
| 05/19/1995 | 118 | MEMORANDUM OF LAW by U.S.A., Robert B. Reich in support of [117-1] motion for permanent injunction. (jr) (Entered: 05/23/1995) |
| 05/19/1995 | 119 | DECLARATION of Wendy Brouwer in support by U.S.A., Robert B. Reich [117-1] motion for permanent injunction. (Exhibits A thru P attached). (jr) (Entered: 05/23/1995) |
| 05/19/1995 | 120 | NOTICE of Settlement of partial judgment against defts Jospeh Fater and James Lupo, by U.S.A. (cd) (Entered: 05/23/1995) |
| 05/24/1995 | 122 | Filed Memo_Endorsement on letter dated 5/24/95, for a proposed fee schedule ( signed by Judge Robert W. Sweet ) (cd) (Entered: 06/02/1995) |
| 05/26/1995 | 121 | Filed Memo_Endorsement on letter dated 5/23/95, proposed fee schedule is approved ( signed by Judge Robert W. Sweet ) (cd) (Entered: 06/02/1995) |
| 05/30/1995 | 123 | Filed Memo_Endorsement on letter dated 1/25/95 withdrawing [71-1] motion to set aside default judgment ( signed by Judge Robert W. Sweet ) (cd) (Entered: 06/02/1995) |
| 05/30/1995 | 124 | MEMORANDUM OF LAW by Joseph Fater in support of [124-1] motion to Reargue of plaintiffs' motion for partial summary judgment .... and of Joseph Fater's cross motion for partial summary judgment for the same relief. (djc) (Entered: 06/02/1995) |
| 05/31/1995 | 124 | NOTICE OF MOTION by Joseph Fater to Reargue of plaintiffs' motion for partial summary judgment .... and of Joseph Fater's cross moti for partial summary judgment for the same relief. , Return date 6/14/95 (djc) (Entered: 06/02/1995) |
| 06/01/1995 | 143 | NOTICE OF MOTION by James Lupo for reconsideration of [115-1] order , to join [124-1] motion to Reargue of plaintiffs' motion for partial summary judgment .... and of Joseph Fater's cross moti for partial summary judgment for the same relief, also to permit James Lupo to join in the motion of his co-defendant, Joseph Fater, seeking the smae relief.... w/attch. affirm. in supp., Return date 9/28/95 (pl) Modified on 08/28/1995 (Entered: 07/11/1995) |
| 06/05/1995 | 129 | Filed Memo_Endorsement on letter dated 6/5/95, govt request that the return date for Muscarella's motion be adjourned until the govt's motion may be also heard is granted ( signed by Judge Robert W. Sweet ) (cd) (Entered: 06/14/1995) |
| 06/06/1995 | 127 | NOTICE OF MOTION by Ernest M. Muscarella to compel an affidavit from the responsible party with knowledge affirming or denying the existence of electronic surveillance of the witness, Ernest Muscarella. Affirmation of George L. Santangelo attached to motion, Affdvt. of George L. Santagnelo attached to motion, Return date 6/7/95 (ls) (Entered: 06/09/1995) |
| 06/07/1995 | 128 | NOTICE OF SETTLEMENT filed by U.S.A., Robert B. Reich re: Partial Judgment against defendants Joseph Fater and James Lupo (pl) (Entered: 06/13/1995) |
| 06/16/1995 | 130 | Amended Certificate of Service by Federal Express - (djc) (Entered: 06/20/1995) |
| 06/16/1995 | 131 | NOTICE OF MOTION by U.S.A., Robert B. Reich to compel deft. Ernest Muscarella to answer and produce documents requested by the Govt. in its written discovery requests dtd. 12/29/94. , to compel deft. Richard Kelley to answer interrogatories and to produce documents requested by the Govt. in its written discovery requests dtd. 12/29/94. , to compel deft. Wilfred Davis to appear for deposition to commence on 7/18/95, which deposition the Govt. originally noticed on 12/29/94. for reasonable expenses, incl. attnys' fees incurred in connection with making this motion to compel against deft. Muscarella. Declaration of Allan N. Taffet attached to motion, Return date 6/27/95 (ls) (Entered: 06/21/1995) |
| 06/16/1995 | 132 | MEMORANDUM by U.S.A., Robert B. Reich in support of [131-1] motion to compel deft. Ernest Muscarella to answer and produce documents requested by the Govt. in its written discovery requests dtd. 12/29/94., [131-2] motion to compel deft. Richard Kelley to answer interrogatories and to produce documents requested by the Govt. in its written discovery requests dtd. 12/29/94., [131-3] motion to compel deft. Wilfred Davis to appear for deposition to commence on 7/18/95, which deposition the Govt. originally noticed on 12/29/94., [131-4] motion for reasonable expenses, incl. attnys' fees incurred in connection with making this motion to compel against deft. Muscarella. (ls) (Entered: 06/21/1995) |
| 06/21/1995 | 133 | STIPULATION and ORDER, reset answer due for 8/18/95 for Diane Mistretta, for Alfio DiFranco ( signed by Judge Robert W. Sweet ). (emil) (Entered: 06/22/1995) |
| 06/22/1995 | 139 | Affidavit of service of Rply Mem. of Law in Sup. of Dft., Joseph Faters' Motion To Reargue and.....as to Thomas Fitzgerald by First Class-Mail on 6/21/95 (pl) (Entered: 06/29/1995) |
| 06/23/1995 | 134 | NOTICE OF CROSS MOTION by Wilfred L. Davis objection to plaintiff's motion to compel and cross motion to compel to compel , Return date 7/18/95 (rag) (Entered: 06/27/1995) |
| 06/23/1995 | 135 | MEMORANDUM by Wilfred L. Davis in support of [134-1] cross motion to compel (rag) (Entered: 06/27/1995) |
| 06/26/1995 | 138 | STIPULATION and ORDER, answer due for 8/18/95 for TIC International ( signed by Judge Robert W. Sweet ). (cd) (Entered: 06/29/1995) |
| 06/27/1995 | 136 | Filed Memo_Endorsement on letter by Gerald M. Labush to Judge Sweet dated 6/21/95, extending time to respond to the Government's motion for summary judgment until 7/10/95 and the Government's time to reply until 7/24/95. SO ORDERED: ( signed by Judge Robert W. Sweet ) (ae) (Entered: 06/28/1995) |
| 06/27/1995 | 137 | Filed Memo_Endorsement on letter by Donald Vogelman to Judge Sweet dated 6/23/95, James Messera's Response to motion reset to 7/10/95 for [117-1] motion for permanent injunction , Government's Reply to Response to Motion reset to 7/24/95 for [117-1] motion for permanent injunction SO ORDERED: ( signed by Judge Robert W. Sweet ) (ae) (Entered: 06/28/1995) |
| 06/30/1995 | 140 | Memo endorsed on motion; granting in part, denying in part [134-1] cross motion to compel ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 07/05/1995) |
| 06/30/1995 | 141 | STIPULATION and ORDER, regarding deft Richard Kelly declining to answer certain questions re 5th amendment, see document ( signed by Judge Robert W. Sweet ). (cd) (Entered: 07/05/1995) |
| 07/03/1995 | 142 | Filed Memo_Endorsement on letter by Donald Vogelman to Judge Sweet dated 6/23/95, extending defendant James Messera's time to serve answering affidavits and memoranda upon the government to 7/10/95. SO ORDERED: ( signed by Judge Robert W. Sweet ) (ae) (Entered: 07/05/1995) |
| 07/10/1995 | 144 | AFFIDAVIT in opposition of Gerald M. Labush by Peter Vario Re: [117-1] motion for permanent injunction (ls) (Entered: 07/14/1995) |
| 07/10/1995 | 145 | MEMORANDUM by James Messera in opposition to [117-1] motion for permanent injunction (ls) Modified on 07/18/1995 (Entered: 07/14/1995) |
| 07/10/1995 | 146 | MEMORANDUM by Peter Vario in opposition to [117-1] motion for permanent injunction (ls) (Entered: 07/14/1995) |
| 07/10/1995 | 147 | ANSWER AND OBJECTION TO CHARGES (cc) (djc) (Entered: 07/19/1995) |
| 07/24/1995 | 148 | REPLY MEMORANDUM by U.S.A., Robert B. Reich re: [144-1] affidavit, [145-1] opposition memorandum, [146-1] opposition memorandum, in further SUPPORT of its [117-1] motion for injunctiive relief. (lam) (Entered: 07/28/1995) |
| 08/02/1995 | Memo endorsed on motion; granting [131-3] motion to compel deft. Wilfred Davis to appear for deposition to commence on 7/19/95 ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 08/03/1995) | |
| 08/09/1995 | 149 | NOTICE OF MOTION by Wilfred L. Davis for an order compelling the deposition of Govt. informant Frank Lupo in NYC on September 6 and 7, 1995 , Return date 8/16/95 (ls) (Entered: 08/15/1995) |
| 08/18/1995 | 150 | OPINION # 75293 denying [143-1] motion for reconsideration of [115-1] order. Because the Opinion did not make a factual finding on the issue of damages, and because the record presently befor the Court is insufficient to support such a factual finding, entry of the Final Judgment at this time would be inappropriate. The parties ar hereby ordered to submit, w/in 30 days, evidence bearing on the question whether the Final Judgment accurately assesses the damages against each deft. ( Signed by Judge Robert W. Sweet ); Copies mailed. (kg) (Entered: 08/22/1995) |
| 08/22/1995 | 151 | STIPULATION and ORDER, extending time for Third-Party defendant to answer to the Third Party Complaint. , Reset answer due for 10/20/95 for TIC International SO ORDERED: ( signed by Judge Robert W. Sweet ). (ae) (Entered: 08/23/1995) |
| 08/22/1995 | 153 | Letter filed by George L. Santangelo, dated 6/29/95 re: withdrawing motion by Ernest Muscarella, scheduled for 6/7/95. (dkt. & fld. as per instr. by chambers on 8/22/95) (pl) Modified on 08/29/1995 (Entered: 08/29/1995) |
| 08/22/1995 | 155 | REPLY MEMORANDUM by Joseph Fater IN SUPPORT OF [124-1] motion to Reargue of plaintiffs' motion for partial summary judgment .... and of Joseph Fater's cross motion for partial summary judgment for the same relief. (ls) (Entered: 08/30/1995) |
| 08/22/1995 | 156 | Letter filed by Maurice M. McDermott, dated 6/2/95 re: phone conversation with Law Clerk, Edward Delello ( dkt. & fld. as per instr. of chambers on 8/22/95) (pl) (Entered: 08/30/1995) |
| 08/23/1995 | 152 | STIPULATION and ORDER, reset answer due for 10/20/95 for Diane Mistretta, for Alfio DiFranco ( signed by Judge Robert W. Sweet ). (jl) (Entered: 08/25/1995) |
| 08/24/1995 | 154 | STIPULATION and ORDER, that defendant Joseph Fater shall not, until the above-referenced lawsuit has been finally resolved as to him, withdraw, transfer, remove, dissipate or dispose of any funds, assets or other property that he either owns or controls, with the effect of hindering, delaying or defrauding the U.S. in its efforts to recover a purported debt. This agreement shall not preclude defendant Fater from making expenditures for his customary and reasonable expenses, as well as for the payment of his attorneys' fees, which fees are ased upon his attorneys' customary hourly rates, for services rendered on his behalf. SO ORDERED: ( signed by Judge Robert W. Sweet ). (ae) (Entered: 08/29/1995) |
| 08/30/1995 | 158 | STIPULATION and ORDER, it is stipulated and agreed between the Gov't and deft Muscarella, that if, either at a deposition, or at any hearing, trial or proceeding in this action, Muscarella is asked any questions relating in any way to the matters listed in this stip & order, Muscarella will decline to answer or to produce documents, on the basis of his privilege against self-incrimination purs. to the Fifth Amendment to the Constitution of the U.S. ( signed by Judge Robert W. Sweet ). (emil) (Entered: 09/07/1995) |
| 08/31/1995 | 157 | FIRST REPORT OF THEMONITOR TO THE COURT. (djc) (Entered: 09/06/1995) |
| 09/08/1995 | 159 | AFFIDAVIT of Steven G. Storch by Arthur M. Blau purs. to Rule 3(c) re: substitution of counsel (ls) (Entered: 09/14/1995) |
| 09/12/1995 | 160 | STIPULATION and ORDER of SUBSTITUTION, substituting attorney Steven G. Storch of the firm of Storch Amini & Munves in place of Kramer Levin Naftalis et al by Michael J. Dell, as attys of record for deft Arthur Blau. ( signed by Judge Robert W. Sweet ). (lam) (Entered: 09/18/1995) |
| 09/14/1995 | 161 | CONSENT JUDGMENT Concerning Christopher Suriano - IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: ... this court has subject matter jurisdiction over this action and personal jurisdiction over defendant Suriano.. Defendant agrees that he shall permanently resign, effective September 22, 195 form both membership in and all positions held at the Laborers' International Union of North America... Defendant Suriano agrees that he and all other persons in active concert with him, are hereby permanently enjoined from........... ..Nothing herein shall preclude the United States of America or any of its departments or agencies from taking any appropriate action...Defendant Suriano has read this Consent Judgment and consulted with his counsel before consenting to and signing this consent Judgment.(Signed by Judge Sweet). ENTERED ON THE DOCKET ON 09/18/95 (djc) Modified on 09/18/1995 (Entered: 09/18/1995) |
| 09/14/1995 | 162 | STIPULATION and ORDER, by & between the Government & deft. Lupo, that if either at a deposition ...or at any hearing in this matter, Lupo is asked any question relating in any way to the following matters...Lupo will decline to answer on the basis of his Fifth Amendment privilege. ( signed by Judge Robert W. Sweet ). (jl) (Entered: 09/19/1995) |
| 09/14/1995 | 163 | CONSENT JUDGMENT # 95,1770..... ( signed by Judge Robert W. Sweet ) ENTERED ON DOCKET ON 09/18/95. (djc) (Entered: 09/19/1995) |
| 09/14/1995 | Case closed (djc) (Entered: 09/20/1995) | |
| 09/14/1995 | Case reopened as per J. Sacco. (kk) (Entered: 01/11/1996) | |
| 09/19/1995 | 164 | Notice of Letter MOTION by U.S.A., Robert B. Reich for partial final judgment as to damages against defendants Fater and Lupo with respect to their breaches of fiduciary duties under ERISA. , Return date 9/20/95. SO ORDERED: ( signed by Judge Robert W. Sweet ) (ae) (Entered: 09/26/1995) |
| 10/19/1995 | 165 | OPINION OF THE MONITOR# 75596, ordered that the Charge against Respondent James Lupo is ADOPTED in its entirety; and James Lupo is expelled from the MTDC and its constituent locals and is banned permanently from membership in, association with, or employment by the MTDC and any unions or trust funds affiliated therewith. ( Signed by Judge Robert W. Sweet ); Copies mailed. (kg) (Entered: 10/20/1995) |
| 10/24/1995 | 167 | STIPULATION and ORDER, extending time for third party deft TIC International to answer to the Third Party Complaint is hereby extended to 12/20/95 , reset answer due for 12/20/95 for TIC International ( signed by Judge W. Sweet ). (kg) (Entered: 10/25/1995) |
| 10/24/1995 | 168 | STIPULATION and ORDER, extending time for said third party defts Alfio DiFranco and Diane Mistretta's answer to the Third Party Complaint on or before 12/20/95 , reset answer due for 12/20/95 for Alfio DiFranco, for Diane Mistretta ( signed by Judge Robert W. Sweet ). (kg) (Entered: 10/25/1995) |
| 10/24/1995 | 169 | Letter filed by Wilfred L. Davis to Judge Sweet dated 8/10/95. (ae) (Entered: 10/26/1995) |
| 10/24/1995 | 170 | NOTICE of appearance by Michael Labarbara Jr. (kg) (Entered: 10/26/1995) |
| 10/24/1995 | 171 | MEMORANDUM OF LAW by Mason Tenders in opposition to the Government's application for permanent injunctive relief. (djc) (Entered: 10/27/1995) |
| 10/24/1995 | 172 | AFFIDAVIT in opposition of Michael Labarbara Re: to the Government's application for permanent injunctive relief.. (djc) (Entered: 10/27/1995) |
| 10/25/1995 | 166 | STIPULATION and ORDER, ... by and between the undersigned counsel for defendant and third party plaintiff Anthony Zotollo, and third party defendant TIC International Corp, that the time for third p |