1:94-cv-06487-RWS U.S.A., et al v. Mason Tenders, et al
Robert W. Sweet, presiding
Date filed: 09/08/1994
Date terminated: 02/05/1999 Date of last filing: 09/26/2002
 

History

Doc.
No.
Dates Description
--
Filed & Entered:   09/08/1994
Case Information
Docket Text: It is suggested that the case be classified as Expedited. Magistrate Judge Katz is so Designated. (jl)
1
Filed & Entered:   09/08/1994
Complaint
Docket Text: COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c). (jl)
2
Filed & Entered:   09/08/1994
Rule 9 Certificate
Docket Text: Rule 9 certificate filed by U.S.A., Robert B. Reich (jl)
3
Filed & Entered:   09/08/1994
Remark
Docket Text: Memorandum; dtd. 9/8/94 from C.J. Griesa; designating Judge Sweet to hear and determine 94Civ.6487 purs. to 18 USC 1966. (jl)
4
Filed: 09/20/1994
Entered: 09/22/1994
Terminated: 10/24/1994
Motion for Extension of Time
Docket Text: 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
6
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
7
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
8
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
9
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
10
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
11
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
12
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
13
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
14
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
15
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
16
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
17
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
18
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
19
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
20
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
21
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
22
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
23
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
24
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
25
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
26
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
27
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
28
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
29
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
30
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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)
31
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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)
32
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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)
33
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
34
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
35
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
36
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
37
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
38
Filed: 10/06/1994
Entered: 10/13/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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
6
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Ernest M. Muscarella ( signed by Judge Robert W. Sweet ). (jr)
7
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Wilfred L. Davis ( signed by Judge Robert W. Sweet ). (jr)
8
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Onofrio Macchio ( signed by Judge Robert W. Sweet ). (jr)
9
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Anthony Lanza ( signed by Judge Robert W. Sweet ). (jr)
10
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Joseph Fater ( signed by Judge Robert W. Sweet ). (jr)
11
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: 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)
12
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Christopher Suriano ( signed by Judge Robert W. Sweet ). (jr)
13
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for James Lupo ( signed by Judge Robert W. Sweet ). (jr)
14
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, eset answer due for 10/25/94 for Anthony Zotollo ( signed by Judge Robert W. Sweet ). (jr)
15
Filed & Entered:   10/19/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for Paul J. O'Brien ( signed by Judge Robert W. Sweet ). (jr)
16
Filed: 10/19/1994
Entered: 10/21/1994
Notice (Other)
Docket Text: NOTICE of Appearance by Albert Soussi. (jr)
22
Filed: 10/21/1994
Entered: 10/26/1994
Notice of Appearance
Docket Text: NOTICE of appearance by Louis Casciano, Pro Se. (jr)
23
Filed: 10/21/1994
Entered: 10/27/1994
Marshal's Process Receipt and Return of Service Executed
Docket Text: 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)
--
Filed: 10/24/1994
Entered: 10/26/1994
Order
Docket Text: 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)
21
Filed: 10/24/1994
Entered: 10/26/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
17
Filed: 10/25/1994
Entered: 10/26/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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
18
Filed: 10/25/1994
Entered: 10/26/1994
Case Information Statement
Docket Text: Case information Statement Addendum filed. Purs. to statement, it is suggested that the case be classified as Complex. (jr)
19
Filed: 10/25/1994
Entered: 10/26/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
20
Filed: 10/25/1994
Entered: 10/26/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
25
Filed: 10/25/1994
Entered: 10/27/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
24
Filed: 10/26/1994
Entered: 10/27/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
26
Filed: 10/26/1994
Entered: 10/27/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
27
Filed: 10/28/1994
Entered: 10/31/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
28
Filed: 10/28/1994
Entered: 10/31/1994
Certificate of Service
Docket Text: 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)
29
Filed: 10/28/1994
Entered: 10/31/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
41
Filed: 10/31/1994
Entered: 11/03/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
44
Filed: 10/31/1994
Entered: 11/07/1994
Affidavit of Service
Docket Text: 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)
30
Filed & Entered:   11/01/1994
Terminated: 01/17/1995
Motion for Summary Judgment
Docket Text: 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)
31
Filed & Entered:   11/01/1994
Declaration in Support of Motion
Docket Text: 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)
32
Filed & Entered:   11/01/1994
Memorandum of Law in Support of Motion
Docket Text: 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)
45
Filed: 11/01/1994
Entered: 11/07/1994
Third Party Complaint
Docket Text: THIRD-PARTY COMPLAINT by Anthony Zotollo against ; Third-party summons issued. (pl)
46
Filed: 11/01/1994
Entered: 11/07/1994
Request for Production of Documents
Docket Text: FIRST REQUEST for Production of Documents by Anthony Zotollo (pl)
33
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
34
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
35
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
36
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
37
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
38
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
39
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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
40
Filed & Entered:   11/02/1994
Stipulation and Order
Docket Text: 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)
42
Filed: 11/02/1994
Entered: 11/03/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
43
Filed & Entered:   11/03/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/13/94 for Medical Diagnostic, for Thomas Fitzgerald ( signed by Judge Robert W. Sweet ). (jr)
47
Filed: 11/04/1994
Entered: 11/10/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
49
Filed: 11/04/1994
Entered: 11/16/1994
Endorsed Letter
Docket Text: 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)
48
Filed: 11/07/1994
Entered: 11/10/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
50
Filed: 11/07/1994
Entered: 11/18/1994
Letter
Docket Text: Letter filed by Peter Vario dated November 3, 1994 re Mr. Vario's answer to the complaint. (jr)
51
Filed: 11/09/1994
Entered: 11/18/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: ANSWER to Complaint by Ronald Miceli (Attorney Diarmuid White), ; Firm of: Diarmuid White by attorney Diarmuid White for defendant Ronald Miceli (jr)
52
Filed: 11/09/1994
Entered: 11/18/1994
Terminated: 02/05/1999
Amended Answer to Complaints
Docket Text: AMENDED ANSWER to Complaint by Thomas Fitzgerald, Medical Diagnostic : amends [20-1] answer (jr)
53
Filed: 11/09/1994
Entered: 11/18/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: 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)
54
Filed: 11/09/1994
Entered: 11/18/1994
Terminated: 02/05/1999
Answer to Complaint
Docket Text: ANSWER to Complaint by Thomas Fitzgerald (Attorney Mark R. Yarkin), ; Firm of: Mark R. Yarkin by attorney Mark R. Yarkin. (jr)
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: 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)
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to Diane Mistretta, by postpaid addressed wrapper on 11/1/94 (pl)
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to East Tremont Medical Laboratory, Inc., on 11/1/94 (pl) Modified on 11/23/1994
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to TIC International Corp. on 11/1/94 (pl)
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to the Fitzgerald Group of Health Care Professionals, Inc. on 11/1/94 (pl)
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to Roger Levin, c/o Levin & Weissman on 11/1/94 (pl)
55
Filed: 11/17/1994
Entered: 11/23/1994
Acknowledgment of Service
Docket Text: ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint, as to Alfio DiFranco, by on 11/1/94 (pl)
56
Filed: 11/17/1994
Entered: 11/23/1994
Notice of Appearance
Docket Text: NOTICE of attorney appearance and Substitution of Counsel for Mason Tenders by David W. Elbaor (pl)
57
Filed: 11/29/1994
Entered: 11/30/1994
Terminated: 02/05/1999
Answer to Crossclaim
Docket Text: ANSWER by Joseph Fater to [20-2] cross claim ; Firm of: Andrew M. Lawler, P.C. by attorney Andrew M. Lawler. (jr)
--
Filed: 11/30/1994
Entered: 12/01/1994
Pretrial Conference - Initial
Docket Text: Pre-trial conference held (rag)
58
Filed: 11/30/1994
Entered: 12/01/1994
Terminated: 02/05/1999
Answer to Crossclaim
Docket Text: ANSWER by Thomas Fitzgerald, Medical Diagnostic to [20-2] cross claim ; Firm of: Mark R. Yarkin by attorney Mark R. Yarkin. (jr)
58
Filed: 11/30/1994
Entered: 12/01/1994
Counterclaim
Docket Text: COUNTERCLAIM by Thomas Fitzgerald, Medical Diagnostic against U.S.A., Robert B. Reich (jr)
59
Filed & Entered:   12/05/1994
Stipulation and Order of Dismissal
Docket Text: 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
60
Filed & Entered:   12/05/1994
Stipulation and Order of Dismissal
Docket Text: STIPULATION AND ORDER of dismissal of the First and Second Cross-claims byh Zotollo; ( signed by Judge Robert W. Sweet ) (jr)
61
Filed: 12/05/1994
Entered: 12/07/1994
Terminated: 03/31/1997
Motion for Summary Judgment
Docket Text: NOTICE OF CROSS MOTION by Ronald Miceli for summary judgment , Return date 12/21/94 (jr)
62
Filed: 12/05/1994
Entered: 12/07/1994
Memorandum of Law in Support of Motion
Docket Text: MEMORANDUM OF LAW by Ronald Miceli in support of [61-1] cross motion for summary judgment. (jr)
63
Filed: 12/05/1994
Entered: 12/07/1994
Stipulation and Order of Dismissal
Docket Text: 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)
64
Filed & Entered:   12/08/1994
Stipulation and Order
Docket Text: 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)
65
Filed: 12/12/1994
Entered: 12/15/1994
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 10/25/94 for thir-party defendant TIC International Corporation ( signed by Judge Robert W. Sweet ). (jr)
66
Filed: 12/14/1994
Entered: 12/21/1994
Endorsed Letter
Docket Text: 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)
--
Filed: 12/27/1994
Entered: 01/03/1995
Terminated Case
Docket Text: Case closed (jr)
67
Filed: 12/27/1994
Entered: 01/03/1995
Consent Judgment
Docket Text: 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)
68
Filed: 01/06/1995
Entered: 01/09/1995
Terminated: 03/31/1997
Motion for Miscellaneous Relief
Docket Text: 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)
69
Filed: 01/06/1995
Entered: 01/10/1995
Terminated: 05/15/1995
Motion for Summary Judgment
Docket Text: NOTICE OF CROSS MOTION by Joseph Fater for partial summary judgment pur Rule 56 on the 5th & 7th , Return date 2/8/95 (rag)
70
Filed: 01/06/1995
Entered: 01/10/1995
Memorandum of Law in Support of Motion
Docket Text: 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)
71
Filed: 01/09/1995
Entered: 01/11/1995
Terminated: 05/30/1995
Motion for Miscellaneous Relief
Docket Text: NOTICE OF MOTION to set aside default judgment , Return date 1/25/95 (jr)
72
Filed: 01/09/1995
Entered: 01/12/1995
Memorandum of Law in Oppisition to Motion
Docket Text: MEMORANDUM by James Lupo in opposition to the Govt's Summary Jgmt Motion against James Lupo (mk)
73
Filed: 01/17/1995
Entered: 01/18/1995
Stipulation and Order
Docket Text: 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)
74
Filed: 01/17/1995
Entered: 01/20/1995
Order
Docket Text: 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)
75
Filed: 01/18/1995
Entered: 01/21/1995
Stipulation and Order
Docket Text: 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
--
Filed: 01/23/1995
Entered: 01/24/1995
Pretrial Conference - Initial
Docket Text: Pre-trial conference held (rag)
--
Filed & Entered:   01/27/1995
Case Reopened
Docket Text: Case reopened (kk)
76
Filed: 01/30/1995
Entered: 01/31/1995
Declaration in Support of Motion
Docket Text: 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
77
Filed: 01/30/1995
Entered: 01/31/1995
Reply Memorandum of Law
Docket Text: 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
78
Filed: 01/30/1995
Entered: 02/01/1995
Endorsed Letter
Docket Text: 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)
79
Filed: 02/03/1995
Entered: 02/06/1995
Order
Docket Text: 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)
80
Filed: 02/03/1995
Entered: 02/07/1995
Terminated: 02/24/1995
Motion for Leave to File
Docket Text: 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
81
Filed: 02/03/1995
Entered: 02/07/1995
Memorandum of Law in Support of Motion
Docket Text: 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)
82
Filed: 02/10/1995
Entered: 02/14/1995
Affidavit of Service
Docket Text: Affidavit of service, of deft FAter's motion, as to Mason Tenders by hand on 2/7/95 (cd)
83
Filed: 02/15/1995
Entered: 02/16/1995
Terminated: 02/05/1999
Response
Docket Text: RESPONSE by Michael Pagano JR. to Re: the first set of interrogatories of plaintiff. (ae)
85
Filed: 02/15/1995
Entered: 02/17/1995
Stipulation and Order
Docket Text: STIPULATION and ORDER, set answer to third-party complaint due for 9/28/94 ( signed by Judge Robert W. Sweet ). (jr)
86
Filed: 02/15/1995
Entered: 02/17/1995
Terminated: 02/05/1999
Answer to Complaint
Docket Text: ANSWER to Complaint by Michael Labarbara JR. (Attorney Larry Bronson), ; Firm of: Larry Bronson by attorney Larry Bronson for defendant Michael Labarbara JR. (djc)
86
Filed: 02/15/1995
Entered: 02/17/1995
Crossclaim
Docket Text: 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)
84
Filed & Entered:   02/16/1995
Sealed Document
Docket Text: SEALED DOCUMENT placed in vault (sp)
87
Filed: 02/17/1995
Entered: 02/21/1995
Stipulation and Order
Docket Text: STIPULATION and ORDER, reset answer due for 3/15/95 for TIC International ( signed by Judge Robert W. Sweet ). (jr)
88
Filed & Entered:   02/21/1995
Reply Memorandum of Law
Docket Text: 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)
89
Filed & Entered:   02/21/1995
Declaration in Support of Motion
Docket Text: 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)
90
Filed: 02/21/1995
Entered: 02/22/1995
Endorsed Letter
Docket Text: 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)
--
Filed: 02/24/1995
Entered: 02/27/1995
Order
Docket Text: 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)
91
Filed: 02/24/1995
Entered: 02/27/1995
Terminated: 02/05/1999
Answer to Crossclaim
Docket Text: 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)
92
Filed: 02/28/1995
Entered: 03/01/1995
Endorsed Letter
Docket Text: 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)
95
Filed: 02/28/1995
Entered: 03/06/1995
Sealed Document
Docket Text: SEALED DOCUMENT placed in vault (af)
93
Filed & Entered:   03/02/1995
Transcript
Docket Text: Transcript of record of proceedings filed for dates of November 30, 1994. (jr)
94
Filed: 03/02/1995
Entered: 03/06/1995
Stipulation and Order
Docket Text: STIPULATION and ORDER, for confidentiality ( signed by Judge Robert W. Sweet ). (jr)
96
Filed & Entered:   03/17/1995
Stipulation and Order
Docket Text: 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)
97
Filed: 03/17/1995
Entered: 03/20/1995
Stipulation and Order
Docket Text: Text not available.
97
Filed: 03/17/1995
Entered: 03/20/1995
Stipulation and Order
Docket Text: 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)
98
Filed & Entered:   03/30/1995
Stipulation and Order
Docket Text: 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)
99
Filed: 03/31/1995
Entered: 04/04/1995
Stipulation and Order
Docket Text: 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)
100
Filed: 04/07/1995
Entered: 04/10/1995
Order
Docket Text: 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)
101
Filed: 04/10/1995
Entered: 04/12/1995
Terminated: 02/05/1999
Reply
Docket Text: REPLY by Peter Vario to the Government's opposition to the Motion returnable on 3/29/95. (ae)
102
Filed: 04/10/1995
Entered: 04/12/1995
Letter
Docket Text: 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)
103
Filed: 04/10/1995
Entered: 04/12/1995
Letter
Docket Text: Letter filed by Peter Vario to Judge Sweet dated 1/25/95 Re: Your Honor's Order dated 1/13/95,.... (ae)
104
Filed: 04/10/1995
Entered: 04/12/1995
Letter
Docket Text: 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)
105
Filed: 04/10/1995
Entered: 04/12/1995
Letter
Docket Text: 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)
106
Filed: 04/10/1995
Entered: 04/12/1995
Letter
Docket Text: 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)
107
Filed: 04/10/1995
Entered: 04/12/1995
Letter
Docket Text: Letter filed by James Messera to Judge Sweet dated 1/31/95 Re: requesting the Court to vacate the default and the injunction,.... (ae)
108
Filed: 04/18/1995
Entered: 04/19/1995
Stipulation and Order
Docket Text: 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)
109
Filed: 04/18/1995
Entered: 04/19/1995
Stipulation and Order
Docket Text: 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)
110
Filed: 04/25/1995
Entered: 04/26/1995
Stipulation and Order
Docket Text: 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)
111
Filed: 04/25/1995
Entered: 04/26/1995
Endorsed Letter
Docket Text: 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)
112
Filed: 04/26/1995
Entered: 05/02/1995
Terminated: 05/18/1995
Motion to Stay
Docket Text: 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)
113
Filed: 04/26/1995
Entered: 05/02/1995
Certificate of Service
Docket Text: 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)
114
Filed: 05/05/1995
Entered: 05/10/1995
Terminated: 05/18/1995
Motion to Withdraw as Attorney
Docket Text: 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)
115
Filed: 05/15/1995
Entered: 05/17/1995
Memorandum & Opinion
Docket Text: 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)
116
Filed: 05/15/1995
Entered: 05/18/1995
Stipulation and Order
Docket Text: 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)
125
Filed: 05/17/1995
Entered: 06/06/1995
Letter
Docket Text: Letter filed by U.S.A. dated 4/27/95 re: discovery stay (dktd. & fld by instr. of chambers on 5/17/95) (pl)
--
Filed: 05/18/1995
Entered: 05/22/1995
Order
Docket Text: 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)
--
Filed: 05/18/1995
Entered: 05/22/1995
Order
Docket Text: 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)
117
Filed: 05/19/1995
Entered: 05/23/1995
Terminated: 11/15/1995
Motion for Permanent Injunction
Docket Text: NOTICE OF MOTION by U.S.A., Robert B. Reich for permanent injunction , Return date 8/2/95 (jr)
118
Filed: 05/19/1995
Entered: 05/23/1995
Memorandum of Law in Support of Motion
Docket Text: MEMORANDUM OF LAW by U.S.A., Robert B. Reich in support of [117-1] motion for permanent injunction. (jr)
119
Filed: 05/19/1995
Entered: 05/23/1995
Declaration in Support of Motion
Docket Text: 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)
120
Filed: 05/19/1995
Entered: 05/23/1995
Notice (Other)
Docket Text: NOTICE of Settlement of partial judgment against defts Jospeh Fater and James Lupo, by U.S.A. (cd)
122
Filed: 05/24/1995
Entered: 06/02/1995
Endorsed Letter
Docket Text: Filed Memo_Endorsement on letter dated 5/24/95, for a proposed fee schedule ( signed by Judge Robert W. Sweet ) (cd)
121
Filed: 05/26/1995
Entered: 06/02/1995
Endorsed Letter
Docket Text: Filed Memo_Endorsement on letter dated 5/23/95, proposed fee schedule is approved ( signed by Judge Robert W. Sweet ) (cd)
123
Filed: 05/30/1995
Entered: 06/02/1995
Endorsed Letter
Docket Text: 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)
124
Filed: 05/30/1995
Entered: 06/02/1995
Memorandum of Law in Support of Motion
Docket Text: 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)
124
Filed: 05/31/1995
Entered: 06/02/1995
Terminated: 03/31/1997
Motion for Miscellaneous Relief
Docket Text: 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)
143
Filed: 06/01/1995
Entered: 07/11/1995
Terminated: 08/18/1995
Motion for Reconsideration
Docket Text: 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
129
Filed: 06/05/1995
Entered: 06/14/1995
Endorsed Letter
Docket Text: 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)
127
Filed: 06/06/1995
Entered: 06/09/1995
Terminated: 09/19/1997
Motion to Compel
Docket Text: 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)
128
Filed: 06/07/1995
Entered: 06/13/1995
Notice of Settlement
Docket Text: NOTICE OF SETTLEMENT filed by U.S.A., Robert B. Reich re: Partial Judgment against defendants Joseph Fater and James Lupo (pl)
130
Filed: 06/16/1995
Entered: 06/20/1995
Remark
Docket Text: Amended Certificate of Service by Federal Express - (djc)
131
Filed: 06/16/1995
Entered: 06/21/1995
Terminated: 03/31/1997
Motion to Compel
Docket Text: 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)
132