Last revised 2007-08-14
BYRNE et al v. CALASTRO et al Assigned to: Judge Dennis M. Cavanaugh Referred to: Magistrate Judge Mark Falk Cause: 29:1001 E.R.I.S.A.: Employee Retirement |
Date Filed: 01/06/2005 Jury Demand: Both Nature of Suit: 791 Labor: E.R.I.S.A. Jurisdiction: Federal Question |
| Plaintiff | ||
| PATRICK BYRNE as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
represented by | VINCENT M. GIBLIN KROLL, HEINEMANN, GIBLIN, LLC 300 EXECUTIVE DRIVE SUITE 010 WEST ORANGE, NJ 07052 (973) 243-0100 Email: vgiblin@krollfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED JOHN T. COYNE MCELROY, DEUTSCH, MULVANEY & CARPENTER 1300 MT. KEMBLE AVENUE PO BOX 2075 MORRISTOWN, NJ 07962-2075 (973) 993-8100 Email: jcoyne@mdmc-law.com ATTORNEY TO BE NOTICED WALTER F. TIMPONE MCELROY, DEUTSCH & MULVANEY, LLP 1300 MOUNT KEMBLE AVENUE PO BOX 2075 MORRISTOWN, NJ 07962-2075 (973) 993-8100 Email: wtimpone@mdmlaw.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| PAUL DRAZEN as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
represented by | VINCENT M. GIBLIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JOHN T. COYNE (See above for address) ATTORNEY TO BE NOTICED WALTER F. TIMPONE (See above for address) ATTORNEY TO BE NOTICED |
V. |
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| Defendant | ||
| LOUIS CALASTRO | represented by | ANGELO R. BISCEGLIE, JR. BISCEGLIE & FRIEDMAN L.L.C. ONE NEWARK CENTER NEWARK, NJ 07102 (973)624-7500 Email: a_bisceglieesq@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| SALVATORE SALERNO | represented by | KYLE C. BISCEGLIE BARTON BARTON & PLOTKIN LLP GRAYBAR BUILDING 420 LEXINGTON AVENUE NEW YORK, NY 10170 (212) 687-6262 Fax: (212) 687-3667 Email: kbisceglie@bartonesq.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| MICHAEL ROSADO | represented by | WILLIAM J. DEMARCO 500 VALLEY ROAD WAYNE, NJ 07470 (973) 633-3900 Email: wjdesq@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| JOSEPH GAMBARDELLA | represented by | MICHAEL SAMUEL BUBB 25 PROSPECT STREET MORRISTOWN, NJ 07960-0796 973-539-6500 Email: mbubb@msb-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED ROBERT L. SELVERS WILENTZ GOLDMAN & SPITZER 90 WOODBRIDGE CENTER DRIVE WOODBRIDGE, NJ 07095 732-636-8000 Email: rselvers@wilentz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| PETER RIZZO | ||
| Defendant | ||
| JOHN FRITZSCH | represented by | KENNETH C. MURPHY SIMON & PARTNERS LLP 30 ROCKEFELLER PLAZA, 42ND FLOOR NEW YORK, NY 10112 212-332-8900 Email: kcmurphy@simonlawyers.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| AUGUST VERGALITO | ||
| Defendant | ||
| RHODA VERGALITO | ||
| Defendant | ||
| JAMIE DOLAN | ||
| Defendant | ||
| EDWARD DOLAN | ||
| Defendant | ||
| BERNARD DWYER | ||
| Defendant | ||
| ISAAC BAROCUS also known as IRVING BAROCUS |
||
| Defendant | ||
| FRANK PERNICE | ||
| Defendant | ||
| CHARLES J. PURCELL | ||
| Defendant | ||
| CJP ACCOUNTING, INC. | ||
| Defendant | ||
| PURCELL ORGANIZATION, INC. | ||
| Defendant | ||
| DENNIS J. JASTRZEBSKI, DDS | represented by | ROBERT MONTECALLO BIAGIOTTI, MARINO & MONTECALLO, PC 190 MOORE STREET HACKENSACK, NJ 07601 (201) 343-6466 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| JOHN DOES 1-26 | ||
| Defendant | ||
| ABC CORPORATIONS 1-26 | ||
| Defendant | ||
| DANIEL CASTIGLIONE | ||
| Defendant | ||
| CHRISTOPHER SABATELLA | ||
| Defendant | ||
| PETER RIZZO | ||
| Third Party Plaintiff | ||
| LOUIS CALASTRO | ||
V. |
||
| Third Party Defendant | ||
| RAYMOND POCINO Third Party Defendant |
represented by | VINCENT M. GIBLIN (See above for address) LEAD ATTORNEY |
| Cross Defendant | ||
| JOHN FRITZSCH | ||
| Cross Defendant | ||
| LOUIS CALASTRO | ||
| Cross Defendant | ||
| SALVATORE SALERNO | represented by | KYLE C. BISCEGLIE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Cross Defendant | ||
| MICHAEL ROSADO | represented by | WILLIAM J. DEMARCO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Cross Defendant | ||
| JOSEPH GAMBARDELLA | represented by | ROBERT L. SELVERS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Counter Claimant | ||
| PETER RIZZO | represented by | DAVID GROSSMAN COHEN, LEDER, MONTALBANO & GROSSMAN, LLC 1700 GALLOPING HILL ROAD KENILWORTH, NJ 07033 (908) 298-8800 Email: davegrossmanesq@yahoo.com LEAD ATTORNEY |
V. |
||
| Counter Defendant | ||
| PATRICK BYRNE as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
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| Third Party Defendant | ||
| RAYMOND POCINO Third Party Defendant |
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| Cross Defendant | ||
| JOHN FRITZSCH | ||
| Counter Claimant | ||
| LOUIS CALASTRO | represented by | ANGELO R. BISCEGLIE, JR. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. |
||
| Counter Defendant | ||
| PATRICK BYRNE as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
||
| Counter Defendant | ||
| PAUL DRAZEN as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
||
| Third Party Defendant | ||
| RAYMOND POCINO Third Party Defendant |
||
| Cross Defendant | ||
| JOHN FRITZSCH | ||
| Counter Claimant | ||
| PETER RIZZO | represented by | DAVID GROSSMAN (See above for address) LEAD ATTORNEY |
V. |
||
| Counter Defendant | ||
| PATRICK BYRNE as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
||
V. |
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| Cross Claimant | ||
| CHARLES J. PURCELL | represented by | LAWRENCE D. MINASIAN SLUKA & MINASIAN, LLC. 660 NEWARK AVENUE 3RD FLOOR JERSEY CITY, NJ 07306 201-798-6500 Email: ldm1234@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Cross Claimant | ||
| PURCELL ORGANIZATION, INC. | represented by | LAWRENCE D. MINASIAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. |
||
| Cross Defendant | ||
| JOHN FRITZSCH | ||
| Cross Defendant | ||
| JAMIE DOLAN | ||
| Cross Defendant | ||
| EDWARD DOLAN | ||
| Cross Defendant | ||
| BERNARD DWYER | ||
| Cross Defendant | ||
| ISAAC BAROCUS | ||
| Cross Defendant | ||
| FRANK PERNICE | ||
| Cross Defendant | ||
| CJP ACCOUNTING, INC. | ||
| Cross Defendant | ||
| DENNIS J. JASTRZEBSKI, DDS | ||
| Cross Defendant | ||
| JOHN DOES 1-26 | ||
| Cross Defendant | ||
| DANIEL CASTIGLIONE | ||
| Cross Defendant | ||
| RAYMOND POCINO Third Party Defendant |
||
| Cross Defendant | ||
| LOUIS CALASTRO | represented by | ANGELO R. BISCEGLIE, JR. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Cross Defendant | ||
| JOSEPH GAMBARDELLA | ||
| Cross Defendant | ||
| LOUIS CALASTRO | ||
| Counter Claimant | ||
| JOHN FRITZSCH | ||
V. |
||
| Counter Defendant | ||
| PATRICK BYRNE as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
||
| Third Party Defendant | ||
| Peter F. Viara | ||
| Cross Claimant | ||
| JOSEPH GAMBARDELLA | ||
V. |
||
| Cross Defendant | ||
| PETER RIZZO | ||
| Cross Defendant | ||
| JOHN FRITZSCH | ||
| Cross Defendant | ||
| AUGUST VERGALITO | ||
| Cross Defendant | ||
| RHODA VERGALITO | ||
| Cross Defendant | ||
| JAMIE DOLAN | ||
| Cross Defendant | ||
| EDWARD DOLAN | ||
| Cross Defendant | ||
| BERNARD DWYER | ||
| Cross Defendant | ||
| ISAAC BAROCUS | ||
| Cross Defendant | ||
| FRANK PERNICE | ||
| Cross Defendant | ||
| CHARLES J. PURCELL | ||
| Cross Defendant | ||
| CJP ACCOUNTING, INC. | ||
| Cross Defendant | ||
| PURCELL ORGANIZATION, INC. | ||
| Cross Defendant | ||
| DENNIS J. JASTRZEBSKI, DDS | ||
| Cross Defendant | ||
| JOHN DOES 1-26 | ||
| Cross Defendant | ||
| ABC CORPORATIONS 1-26 | ||
| Cross Defendant | ||
| DANIEL CASTIGLIONE | ||
| Cross Defendant | ||
| CHRISTOPHER SABATELLA | ||
| Cross Defendant | ||
| LOUIS CALASTRO | ||
| Cross Defendant | ||
| SALVATORE SALERNO | ||
| Cross Defendant | ||
| MICHAEL ROSADO | ||
| Cross Defendant | ||
| JOSEPH GAMBARDELLA | ||
| Third Party Defendant | ||
| Peter F. Viara | ||
| Cross Claimant | ||
| MICHAEL ROSADO | represented by | WILLIAM J. DEMARCO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. |
||
| Cross Defendant | ||
| ABC CORPORATIONS 1-26 | ||
| Third Party Defendant | ||
| Peter F. Viara | ||
| Third Party Defendant | ||
| RAYMOND POCINO Third Party Defendant |
||
| Cross Defendant | ||
| JOHN FRITZSCH | ||
| Counter Claimant | ||
| LOUIS CALASTRO | represented by | ANGELO R. BISCEGLIE, JR. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. |
||
| Counter Defendant | ||
| PATRICK BYRNE as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
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| Counter Defendant | ||
| PAUL DRAZEN as TRUSTEE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 PENSION FUND and LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 734 WELFARE AND EDUCATIONAL FUND |
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| Third Party Plaintiff | ||
| JOSEPH GAMBARDELLA | ||
V. |
||
| Third Party Defendant | ||
| CHARLES J. PURCELL | ||
Date Filed |
# |
Docket Text |
| 01/06/2005 | 1 | COMPLAINT against PETER RIZZO, JOHN FRITZSCH, AUGUST VERGALITO, RHODA VERGALITO, JAMIE DOLAN, EDWARD DOLAN, BERNARD DWYER, ISAAC BAROCUS, FRANK PERNICE, CHARLES J. PURCELL, CJP ACCOUNTING, INC., PURCELL ORGANIZATION, INC., DENNIS J. JASTRZEBSKI, DDS, JOHN DOES 1-26, ABC CORPORATIONS 1-26, LOUIS CALASTRO, SALVATORE SALERNO, MICHAEL ROSADO, JOSEPH GAMBARDELLA ( Filing fee $ 150 receipt number 328464.) w/ JURY DEMAND, filed by PATRICK BYRNE, PAUL DRAZEN. (Attachments: # 1 CMP. PT. 2)(dj, ) (Entered: 01/07/2005) |
| 01/06/2005 | 4 | Memorandum of law in support of the pltfs. appl. for a temporary restraining order filed by PATRICK BYRNE, PAUL DRAZEN. (Attachments: # 1 P/O# 2 P/O# 3 Certf. of Serv.# 4 Civil cover sheet# 5 attachment to civil cover sheet)(nr, ) (Entered: 01/11/2005) |
| 01/07/2005 | Summons Issued as to PETER RIZZO, JOHN FRITZSCH, AUGUST VERGALITO, RHODA VERGALITO, JAMIE DOLAN, EDWARD DOLAN, BERNARD DWYER, ISAAC BAROCUS, FRANK PERNICE, CHARLES J. PURCELL, CJP ACCOUNTING, INC., PURCELL ORGANIZATION, INC., DENNIS J. JASTRZEBSKI, DDS, LOUIS CALASTRO, SALVATORE SALERNO, MICHAEL ROSADO, JOSEPH GAMBARDELLA.Days Due - 20. MAILED TO COUNSEL. (dj, ) (Entered: 01/07/2005) | |
| 01/10/2005 | 2 | ORDER TO SHOW CAUSE why a preliminary injunction should not be issue restraining and enjoining them until the final hrg. of this action Show Cause Hearing set for 2/10/2005 10:00 AM before Judge Dennis M. Cavanaugh.. Signed by Judge Dennis M. Cavanaugh on 01/07/04. (nr, ) (Entered: 01/10/2005) |
| 01/10/2005 | 3 | LETTER BRIEF in support of application for a preliminary injunction filed by PATRICK BYRNE, PAUL DRAZEN. (nr, ) (Entered: 01/11/2005) |
| 01/10/2005 | 6 | LETTER BRIEF as a second supplement to application for a preliminary injunction filed by PATRICK BYRNE, PAUL DRAZEN. (nr, ) (Entered: 01/13/2005) |
| 01/11/2005 | 5 | Minute Entry for proceedings held before Judge Dennis M. Cavanaugh : Conference held on 1/11/2005. (Court Reporter Charles McGuire.) (MD, ) (Entered: 01/11/2005) |
| 01/11/2005 | 7 | LETTER BRIEF in opposition to the application of pltfs. for a preliminary injunction . (Attachments: # 1 cont. of letter brief)(nr, ) (Entered: 01/13/2005) |
| 01/19/2005 | 8 | ORDER granting pltfs expedited discovery. Signed by Judge Dennis M. Cavanaugh on 1/18/2005. (mn, ) (Entered: 01/20/2005) |
| 01/20/2005 | 9 | AMENDED COMPLAINT against DANIEL CASTIGLIONE, CHRISTOPHER SABATELLA DANIEL CASTIGLIONE, CHRISTOPHER SABATELLA, filed by PATRICK BYRNE; PAUL DRAZEN. (Attachments: # 1 continuation of amended complt.# 2 cont. of amended complt.)(nr, ) (Entered: 01/25/2005) |
| 01/26/2005 | 10 | ANSWER to Complaint, THIRD PARTY COMPLAINT against RAYMOND POCINO, CROSSCLAIM against JOHN FRITZSCH, LOUIS CALASTRO, SALVATORE SALERNO, MICHAEL ROSADO, JOSEPH GAMBARDELLA, COUNTERCLAIM against PATRICK BYRNE by PETER RIZZO. (Attachments: # 1 Affidavit Affidavit of Service)(GROSSMAN, DAVID) (Entered: 01/26/2005) |
| 01/26/2005 | 11 | Louis Calastro and Salvatore Salerno's ANSWER to Complaint, THIRD PARTY COMPLAINT against RAYMOND POCINO, CROSSCLAIM against JOHN FRITZSCH, COUNTERCLAIM against all plaintiffs by LOUIS CALASTRO. (Attachments: # 1)(BISCEGLIE, ANGELO) (Entered: 01/26/2005) |
| 01/27/2005 | 12 | Amended ANSWER to Third Party Complaint, THIRD PARTY COMPLAINT against RAYMOND POCINO, CROSSCLAIM against JOHN FRITZSCH, COUNTERCLAIM against PATRICK BYRNE by PETER RIZZO. (Attachments: # 1 Affidavit)(GROSSMAN, DAVID) (Entered: 01/27/2005) |
| 01/28/2005 | 13 | ANSWER to Crossclaim by LOUIS CALASTRO.(BISCEGLIE, ANGELO) (Entered: 01/28/2005) |
| 01/28/2005 | 14 | ANSWER to Complaint by LOUIS CALASTRO. (Attachments: # 1)(BISCEGLIE, ANGELO) (Entered: 01/28/2005) |
| 01/28/2005 | 15 | ANSWER to Complaint by LOUIS CALASTRO.(BISCEGLIE, ANGELO) (Entered: 01/28/2005) |
| 01/28/2005 | 16 | ANSWER to Complaint by LOUIS CALASTRO.(BISCEGLIE, ANGELO) (Entered: 01/28/2005) |
| 01/28/2005 | 17 | ANSWER to Complaint by LOUIS CALASTRO.(BISCEGLIE, ANGELO) (Entered: 01/28/2005) |
| 01/28/2005 | 20 | BRIEF in opposition to pltfs' appl. for a preliminary injunction filed by PETER RIZZO. (Attachments: # 1 Affidavit Peter Rizzo# 2 Certificate of Service # 3 Exhibit A & B# 4 Exhibit C & D# 5 Exhibit D Part 2# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G, H & I# 9 Exhibit J)(mn, ) (Entered: 02/01/2005) |
| 01/31/2005 | CLERKS OFFICE QUALITY CONTROL MESSAGE - The answer doc. No. 13,14,15,16,17 filed by LOUIS CALASTRO on 1/28/05 was submitted incorrectly as answers). PLEASE RESUBMIT THE answers BY 2/3/05 USING the event responses and replies. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.(nr, ) (Entered: 01/31/2005) | |
| 01/31/2005 | 18 | BRIEF in Opposition to Plaintiffs' Order to Show Cause filed by LOUIS CALASTRO, SALVATORE SALERNO. (Attachments: # 1 Clerk Letter# 2 # 3 Affidavit Exhibits too voluminous - hard copy forwarded to Clerk's Office for filing; Signature page in seperate PDF file# 4 Affidavit Calastro Affidavit signature page# 5 Affidavit Salvatore Salerno Affidavit# 6 Certificate of Service for ECF and overnight on 1-28-05)(BISCEGLIE, ANGELO) (Entered: 01/31/2005) |
| 01/31/2005 | THIRD PARTY Summons Issued as to RAYMOND POCINO.Days Due - 20. (nr, ) (Entered: 01/31/2005) | |
| 01/31/2005 | Summons on amended complt. Issued as to DANIEL CASTIGLIONE, CHRISTOPHER SABATELLA.Days Due - 20. (nr, ) (Entered: 01/31/2005) | |
| 01/31/2005 | Summons on amended complt. Issued as to ISAAC BAROCUS.Days Due - 10. (nr, ) (Entered: 01/31/2005) | |
| 01/31/2005 | THIRD PARTY Summons Issued as to RAYMOND POCINO.Days Due - 20. (nr, ) (Entered: 01/31/2005) | |
| 02/01/2005 | 19 | Substitution of Attorney - Attorney Kyle C. Bisceglie and ANGELO R. BISCEGLIE, JR for SALVATORE SALERNO and SALVATORE SALERNO added.. (BISCEGLIE, ANGELO) (Entered: 02/01/2005) |
| 02/02/2005 | 21 | LETTER ORDER Scheduling rule 16 Conference set for 3/9/2005 11:30 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk.. Signed by Judge Mark Falk on 2/2/05. (mm-sl, ) (Entered: 02/03/2005) |
| 02/02/2005 | Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 2/2/2005. (mm-sl, ) (Entered: 02/14/2005) | |
| 02/04/2005 | 22 | Letter by Bisceglie and Friedman for issuance of alias summons on third party deft. (nr, ) (Entered: 02/07/2005) |
| 02/07/2005 | THIRD PARTY ALIAS Summons Issued as to RAYMOND POCINO.Days Due - 20. (nr, ) (Entered: 02/07/2005) | |
| 02/07/2005 | THIRD PARTY ALIAS Summons Issued as to RAYMOND POCINO, LABORERS INTERNATIONAL UNION. Days Due - 20. (nr, ) (Entered: 02/07/2005) | |
| 02/09/2005 | 23 | MOTION for Preliminary Injunction Memorandum of Law In Further Support by PATRICK BYRNE. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25 # 26 # 27 # 28 # 29 # 30 # 31 # 32 # 33 # 34 # 35 # 36 # 37)(GIBLIN, VINCENT) (Entered: 02/09/2005) |
| 02/09/2005 | 24 | Application and Proposed Order for Clerk's Order to extend time to answer. (Attachments: # 1)(BRICKFIELD, PAUL) (Entered: 02/09/2005) |
| 02/09/2005 | Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 2/9/2005. (mm, ) (Entered: 02/13/2005) | |
| 02/10/2005 | 25 | MOTION to Stay Discovery by PETER RIZZO, LOUIS CALASTRO, SALVATORE SALERNO. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(BISCEGLIE, ANGELO) (Entered: 02/10/2005) |
| 02/10/2005 | Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 2/10/2005. (mm-sl, ) (Entered: 02/17/2005) | |
| 02/11/2005 | 26 | RESPONSE in Opposition re 25 MOTION to Stay Discovery filed by PATRICK BYRNE, PAUL DRAZEN. (TIMPONE, WALTER) (Entered: 02/11/2005) |
| 02/14/2005 | 27 | NOTICE of Appearance by KENNETH C. MURPHY on behalf of JOHN FRITZSCH (MURPHY, KENNETH) (Entered: 02/14/2005) |
| 02/14/2005 | 28 | First MOTION for Leave to Appear Pro Hac Vice Bradley D. Simon by JOHN FRITZSCH. (Attachments: # 1 # 2 # 3)(MURPHY, KENNETH) (Entered: 02/14/2005) |
| 02/14/2005 | 30 | ANSWER to Complaint by DENNIS J. JASTRZEBSKI, DDS. (nr, ) (Entered: 02/18/2005) |
| 02/14/2005 | 31 | ANSWER to Complaint by DENNIS J. JASTRZEBSKI, DDS. (nr, ) (Entered: 02/23/2005) |
| 02/15/2005 | 39 | Minute Entry for proceedings held before Judge Mark Falk: Motion Hearing held on 2/15/2005 re 25 MOTION to Stay Discovery filed by LOUIS CALASTRO,, SALVATORE SALERNO,, PETER RIZZO. Ordered motion granted. (DIGITALLY RECORDED F05#2.) (mm-sl, ) (Entered: 02/25/2005) |
| 02/18/2005 | 29 | ORDER admitting Bradley D. Simon to appear pro hac vice. . Signed by Judge Mark Falk on 02/17/05. (nr, ) (Entered: 02/18/2005) |
| 02/23/2005 | 32 | ORDER scheduling argument hearing and directing that all moving papers be submitted by March 7, 2005.. Signed by Judge Mark Falk on 02/22/05. (nr, ) (Entered: 02/24/2005) |
| 02/24/2005 | 33 | AFFIDAVIT of Service for Summons Return of Service served on Bernard Dwyer on February 8, 2005, filed by PATRICK BYRNE. (Attachments: # 1)(GIBLIN, VINCENT) (Entered: 02/24/2005) |
| 02/24/2005 | 34 | AFFIDAVIT of Service for Return of Service served on Jamie Dolan, Edward Dolan, Michael Rosado on January 25, 2005, filed by PATRICK BYRNE. (Attachments: # 1 # 2 # 3)(GIBLIN, VINCENT) (Entered: 02/24/2005) |
| 02/24/2005 | 35 | AFFIDAVIT of Service for Return of Service served on Dennis J. Jastrzebski, DDS on January 21, 2005, filed by PATRICK BYRNE. (Attachments: # 1)(GIBLIN, VINCENT) (Entered: 02/24/2005) |
| 02/24/2005 | 36 | AFFIDAVIT of Service for Return of Service served on Joseph Gambardella on February 2, 2005, filed by PATRICK BYRNE. (Attachments: # 1)(GIBLIN, VINCENT) (Entered: 02/24/2005) |
| 02/24/2005 | 37 | AFFIDAVIT of Service for Return of Service served on Salvatore Salerno, Charles J. Purcell, The Purcell Organization, CJP Accounting, Peter Rizzo, Louis Calastro on January 31, 2005, filed by PATRICK BYRNE. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(GIBLIN, VINCENT) (Entered: 02/24/2005) |
| 02/24/2005 | 38 | AFFIDAVIT of Service for Return of Service served on August Vergalito, Rhoda Vergalito, John Fritzsch on January 20, 2005, filed by PATRICK BYRNE. (Attachments: # 1 # 2 # 3)(GIBLIN, VINCENT) (Entered: 02/24/2005) |
| 02/24/2005 | 44 | Letter from Bernard Dwyer regarding changes against him. (nr, ) (Entered: 03/02/2005) |
| 02/25/2005 | 40 | Application and Clerk's Order to extend time to answer to 3/8/05 as to Attorney ROBERT L. SELVERS for JOSEPH GAMBARDELLA and JOSEPH GAMBARDELLA added.. (nr, ) (Entered: 02/28/2005) |
| 02/28/2005 | 41 | TRANSCRIPT of Proceedings held on 2/15/2005 before Judge Falk. Court Reporter: Charlene P. Scognamiglio. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (ji, ) (Entered: 02/28/2005) |
| 02/28/2005 | 42 | NOTICE of Appearance by JOHN T. COYNE on behalf of all plaintiffs (COYNE, JOHN) (Entered: 02/28/2005) |
| 02/28/2005 | 43 | NOTICE of Appearance by WALTER F. TIMPONE on behalf of all plaintiffs (TIMPONE, WALTER) (Entered: 02/28/2005) |
| 03/03/2005 | 45 | ANSWER to Complaint by PATRICK BYRNE. (Attachments: # 1 Cover Letter)(GIBLIN, VINCENT) (Entered: 03/03/2005) |
| 03/03/2005 | 46 | ANSWER to Complaint by PATRICK BYRNE, PAUL DRAZEN. (Attachments: # 1 Cover Letter)(GIBLIN, VINCENT) (Entered: 03/03/2005) |
| 03/03/2005 | 47 | ANSWER to Complaint by RAYMOND POCINO. (Attachments: # 1 Civil Cover Sheet# 2 Cover Letter) (GIBLIN, VINCENT) (Entered: 03/03/2005) |
| 03/03/2005 | 48 | ANSWER to Complaint by RAYMOND POCINO. (Attachments: # 1 Civil Cover Sheet# 2 Cover Letter) (GIBLIN, VINCENT) (Entered: 03/03/2005) |
| 03/03/2005 | ALIAS THIRD PARTY SALVATORE SALERNO Summons Issued as to RAYMOND POCINO. Days Due - 20. (nr, ) (Entered: 03/03/2005) | |
| 03/03/2005 | 51 | ANSWER to Complaint with jury demand, CROSSCLAIM against all defts. (nr, ) (Entered: 03/08/2005) |
| 03/07/2005 | 49 | Joint MOTION Opposition to Application to Strike Affidavits of Defendants Calastro, Salerno and Rizzo by PETER RIZZO, LOUIS CALASTRO, SALVATORE SALERNO. (Attachments: # 1 # 2 # 3 # 4 # 5)(BISCEGLIE, ANGELO) (Entered: 03/07/2005) |
| 03/07/2005 | 50 | BRIEF in Support of Plaintiffs' Motion for an Order Declaring Defendants' Waived their Fifth Amendment Privileges or, Alternatively, to Strike Defendants' Affidavits filed by PATRICK BYRNE. (Attachments: # 1 Certification Vincent M. Giblin# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Notice of Motion# 12 Order# 13 Certificate of Service # 14 Cover Letter )(GIBLIN, VINCENT) (Entered: 03/07/2005) |
| 03/08/2005 | 55 | CERTIFICATE OF SERVICE by LOUIS CALASTRO of Third Party Complaint upon Raymond Pocino (Attachments: # 1)(BISCEGLIE, ANGELO) (Entered: 03/10/2005) |
| 03/08/2005 | 56 | MOTION for declaring that defts. waived their fifth amendment privileges or alternatively to Strike affidavits by PATRICK BYRNE, PAUL DRAZEN. Responses due by 3/28/2005 (Attachments: # 1 Ltr. Brief# 2 P/O# 3 Certf. of Vincent M. Giblin) (Complete document in Clerk's Office) (nr, ) Modified on 3/11/2005 (nr, ). (Entered: 03/11/2005) |
| 03/08/2005 | Set Deadlines as to 56 MOTION to Strike. Motion Hearing set for 4/11/2005 10:00 AM before Judge Dennis M. Cavanaugh. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 03/11/2005) | |
| 03/09/2005 | 52 | CONSENT ORDER extending deft's time to answer for an additional 30 days. . Signed by Judge Mark Falk on 03/09/05. (nr, ) (Entered: 03/10/2005) |
| 03/09/2005 | 58 | Substitution of Attorney - Attorney MICHAEL SAMUEL BUBB for JOSEPH GAMBARDELLA added.. (nr, ) (Entered: 03/14/2005) |
| 03/10/2005 | 53 | ANSWER to Crossclaim of Charles J. Purcell, CJP Accounting, Inc. and Purcell Organization by LOUIS CALASTRO. (Attachments: # 1)(BISCEGLIE, ANGELO) (Entered: 03/10/2005) |
| 03/10/2005 | 54 | SUMMONS Returned Executed by PATRICK BYRNE. CHRISTOPHER SABATELLA served on 2/25/2005, answer due 3/17/2005. (Attachments: # 1 Cover Letter) (GIBLIN, VINCENT) (Entered: 03/10/2005) |
| 03/14/2005 | 57 | SUMMONS Returned Executed by PATRICK BYRNE, PAUL DRAZEN. FRANK PERNICE served on 2/18/2005, answer due 3/10/2005. (Attachments: # 1 Cover Letter) (GIBLIN, VINCENT) (Entered: 03/14/2005) |
| 03/14/2005 | 59 | ORDER granting stay of the depositions of defts. Calastro, Salerno and Rizzo,. Signed by Judge Mark Falk on 03/14/05. (nr, ) (Entered: 03/15/2005) |
| 03/14/2005 | 61 | SUMMONS Returned Executed by PATRICK BYRNE. RAYMOND POCINO served on 3/4/2005, answer due 3/24/2005. (nr, ) (Entered: 03/17/2005) |
| 03/15/2005 | 60 | Minute Entry for proceedings held before Judge Mark Falk: Motion Hearing held on 3/15/2005 re 56 MOTION to Strike filed by PATRICK BYRNE, PAUL DRAZEN. Ordered motion granted to strike affidavits. (DIGITALLY RECORDED F05#3.) (mm-sl, ) (Entered: 03/15/2005) |
| 03/18/2005 | 62 | JOHN FRITZSCH ANSWER to Complaint with Jury Demand, First CROSSCLAIM against LOUIS CALASTRO, First COUNTERCLAIM against PATRICK BYRNE by JOHN FRITZSCH. (MURPHY, KENNETH) (Entered: 03/18/2005) |
| 03/23/2005 | 63 | ANSWER to Complaint with Jury Demand, THIRD PARTY COMPLAINT against Peter F. Viara, CROSSCLAIM against all defendants by JOSEPH GAMBARDELLA. (BUBB, MICHAEL) (Entered: 03/23/2005) |
| 03/24/2005 | 64 | AFFIDAVIT of David Grossman, Esq. in Response to Plaintiff's Reply Brief by PETER RIZZO. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit) (GROSSMAN, DAVID) (Entered: 03/24/2005) |
| 03/24/2005 | 65 | RESPONSE TO ORDER TO SHOW CAUSE by PETER RIZZO, LOUIS CALASTRO, SALVATORE SALERNO. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(BISCEGLIE, ANGELO) (Entered: 03/24/2005) |
| 03/24/2005 | 68 | EXHIBITS in support of aff. of Angelo R. Bisceglie, Jr. Vol. 1 (Attachments: # 1 Exh. Vol. 11) (Complete exhibits in Clerk's Office file)(nr, ) (Entered: 03/29/2005) |
| 03/24/2005 | 69 | ANSWER to first amended complt.; Crossclaim, jury demand, THIRD PARTY COMPLAINT against Peter F. Viara, CROSSCLAIM against co-defts., by MICHAEL ROSADO, MICHAEL ROSADO, MICHAEL ROSADO. (nr, ) (Entered: 03/29/2005) |
| 03/28/2005 | 66 | TRANSCRIPT of Proceedings held on 3/15/2005 before Judge Falk. Court Reporter: Diana Pawlikowski. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (ji, ) (Entered: 03/28/2005) |
| 03/28/2005 | 67 | ORDER denying pltf's motion for an order declaring that defts. waived their fifth amendment privilege; and granting pltfs. motion for order striking the affidavits of defts. Calastro, Salerno, and Rizzo. Signed by Judge Mark Falk on 03/24/05. (nr, ) (Entered: 03/28/2005) |
| 03/29/2005 | 70 | CONSENT ORDER extending deft. Joseph Gambaradella's time to answer to March 23, 2005.. Signed by Judge Dennis M. Cavanaugh on 03/25/05. (nr, ) (Entered: 03/30/2005) |
| 03/31/2005 | 71 | Answer to Amended Complaint ANSWER to Complaint with Jury Demand, THIRD PARTY COMPLAINT against Peter F. Viara, RAYMOND POCINO, CROSSCLAIM against JOHN FRITZSCH, COUNTERCLAIM against PATRICK BYRNE, PAUL DRAZEN by LOUIS CALASTRO .(BISCEGLIE, ANGELO) (Entered: 03/31/2005) |
| 03/31/2005 | 72 | THIRD PARTY COMPLAINT for Declaratory and Other Relief against CHARLES J. PURCELL, filed by JOSEPH GAMBARDELLA. (BUBB, MICHAEL) (Entered: 03/31/2005) |
| 04/01/2005 | 75 | MOTION to Dismiss the complt. or in the alternative for summary judgment by FRANK PERNICE, FRANK PERNICE, FRANK PERNICE. Responses due by 4/11/2005 (Attachments: # 1 Brief# 2 P/O)(nr, ) (Entered: 04/06/2005) |
| 04/01/2005 | Set Deadlines as to 75 MOTION to Dismiss. Motion Hearing set for 4/25/2005 10:00 AM before Judge Dennis M. Cavanaugh. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 04/06/2005) | |
| 04/04/2005 | 73 | Minute Entry for proceedings held before Judge Dennis M. Cavanaugh : Motion for Preliminary Injunction Hearing held on 4/4/2005 filed by PATRICK BYRNE and Paul Drazen (Court Reporter Charles McGuire.) (MD-sl, ) (Entered: 04/04/2005) |
| 04/05/2005 | 74 | LETTER OPINION ORDER GRANTING motion for preliminary injunction and directing that a bond be posted within ten days, etc. . Signed by Judge Dennis M. Cavanaugh on 04/05/05. (nr, ) (Entered: 04/05/2005) |
| 04/06/2005 | THIRD PARTY Summons Issued as to Peter F. Viara. Days Due - 20. (nr, ) (Entered: 04/06/2005) | |
| 04/07/2005 | 76 | ORDER appointing David Samson as substitute employer Trustee of the Funds pending the election of new Trustees as provided in the Trust Agreement. Signed by Judge Dennis M. Cavanaugh on 04/07/05. (nr, ) (Entered: 04/08/2005) |