This case was last updated from U.S. District Courts on 07/11/2020 at 11:29:17 (UTC).

Demopoulos et al v. Curcio et al

Case Summary

On 05/12/2020 Demopoulos filed a Labor - Employee Benefit lawsuit against Curcio. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Peggy Kuo, Eric N. Vitaliano and Roslynn R. Mauskopf. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-02151

  • Filing Date:

    05/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Employee Benefit

  • Courthouse:

    New York Eastern District

Judge Details

Referral Judge

Peggy Kuo

Presiding Judges

Eric N. Vitaliano

Roslynn R. Mauskopf

 

Party Details

Plaintiffs

Demos P. Demopoulos

Stephen Malone

Michael Spinelli

Defendants

William Cassese

John Curcio

Kenneth Barrett

Attorney/Law Firm Details

Plaintiff Attorneys

Erin Veronica McGee

Attorney at Friedman and Anspach

1500 Broadway, Suite 2300

New York, NY 10036

Anusha Rasalingam

Attorney at Friedman & Anspach

1500 Broadway, Suite 2300

New York, NY 10036

Defendant Attorneys

Gabriel Altman

Attorney at Mintz and Gold LLP

600 Third Avenue, Ste 25Th Floor

New York, NY 10016

Jeffrey D. Pollack

Attorney at Mintz & Gold, LLP

600 Third Avenue 25Th Floor

New York, NY 10016

 

Court Documents

21 #7

Exhibit G, Local 854 Health and Welfare Benefits Fund Agreement and Declaration

21 #6

Exhibit F, First Payment withdrawal Liability Local 553

21 #5

Exhibit E, Local 553 April 21, 2020 Demand Notice

21 #4

Exhibit D, Pollack April 10, 2020 emails to Demopoulos

21 #3

Exhibit C, Demopoulos April 10, 2020 email to Milman

21 #2

Exhibit B, Demopoulos April 8, 2020 reply email to Milman

21 #1

Exhibit A, Milman April 6, 2020 email to Demopoulos

#21

(#21) AFFIDAVIT/DECLARATION in Opposition re #15 First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action filed by Demos P. Demopoulos, Stephen Malone, Michael Spinelli. (Attachments: #1 Exhibit A, Milman April 6, 2020 email to Demopoulos, #2 Exhibit B, Demopoulos April 8, 2020 reply email to Milman, #3 Exhibit C, Demopoulos April 10, 2020 email to Milman, #4 Exhibit D, Pollack April 10, 2020 emails to Demopoulos, #5 Exhibit E, Local 553 April 21, 2020 Demand Notice, #6 Exhibit F, First Payment withdrawal Liability Local 553, #7 Exhibit G, Local 854 Health and Welfare Benefits Fund Agreement and Declaration of Trust) (McGee, Erin) (Entered: 06/16/2020)

#15

(#15) First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action by Kenneth Barrett, William Cassese, John Curcio. (Pollack, Jeffrey) (Entered: 06/02/2020)

4 #5

Exhibit E, proposed Order

4 #4

Exhibit D, April 17, 2020 email

4 #3

Exhibit C, Notice and Demand for Withdrawal Liability Calculation

4 #2

Exhibit B, April 20, 2020 email

4 #1

Exhibit A, Certification

#3

(#3) MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by Demos P. Demopoulos, Stephen Malone, Michael Spinelli. (McGee, Erin) (Entered: 05/12/2020)

#2

(#4) AFFIDAVIT/AFFIRMATION re #2 Unsigned Order to Show Cause by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (Attachments: #1 Exhibit A, Certification, #2 Exhibit B, April 20, 2020 email, #3 Exhibit C, Notice and Demand for Withdrawal Liability Calculation, #4 Exhibit D, April 17, 2020 email, #5 Exhibit E, proposed Order) (McGee, Erin) (Entered: 05/12/2020)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Kenneth Barrett, William Cassese, John Curcio filing fee $ 400, receipt number ANYEDC-12787289 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Demos P. Demopoulos, Michael Spinelli, Stephen Malone. (Attachments: #1 Civil Cover Sheet) (McGee, Erin) (Entered: 05/12/2020)

30 More Documents Available

 

Docket Entries

  • 06/16/2020
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  • Docket(#21) AFFIDAVIT/DECLARATION in Opposition re #15 First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action filed by Demos P. Demopoulos, Stephen Malone, Michael Spinelli. (Attachments: #1 Exhibit A, Milman April 6, 2020 email to Demopoulos, #2 Exhibit B, Demopoulos April 8, 2020 reply email to Milman, #3 Exhibit C, Demopoulos April 10, 2020 email to Milman, #4 Exhibit D, Pollack April 10, 2020 emails to Demopoulos, #5 Exhibit E, Local 553 April 21, 2020 Demand Notice, #6 Exhibit F, First Payment withdrawal Liability Local 553, #7 Exhibit G, Local 854 Health and Welfare Benefits Fund Agreement and Declaration of Trust) (McGee, Erin) (Entered: 06/16/2020)

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  • 06/16/2020
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  • Docket(#20) MEMORANDUM in Opposition re #15 First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action filed by Demos P. Demopoulos, Stephen Malone, Michael Spinelli. (McGee, Erin) (Entered: 06/16/2020)

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  • 06/04/2020
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  • DocketORDER: With regard to the Letter filed at #19 , the Court clarifies that Plaintiffs are entitled to file their opposition to both Defendants' #15 Motion to Compel and Defendants' #15 Motion to Dismiss Plaintiffs' Fifth Cause of Action by June 16, 2020. Ordered by Magistrate Judge Peggy Kuo on 6/4/2020. (O'Neil-Berven, Ryan) (Entered: 06/04/2020)

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  • 06/04/2020
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  • Docket(#19) Letter by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (McGee, Erin) (Entered: 06/04/2020)

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  • 06/03/2020
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  • DocketORDER: Defendants' motion to dismiss and to compel arbitration, #15 , is respectfully referred to Magistrate Judge Kuo. Ordered by Chief Judge Roslynn R. Mauskopf on 6/3/2020. (Walchak, David) (Entered: 06/03/2020)

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  • 06/03/2020
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  • DocketORDER. Plaintiffs are directed to file their opposition to Defendants' Motion to Compel Arbitration #15 by June 16, 2020. Ordered by Magistrate Judge Peggy Kuo on June 3, 2020. (Rand, Matthew) (Entered: 06/03/2020)

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  • 06/02/2020
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  • Docket(#18) MEMORANDUM in Support re #15 First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action filed by All Defendants. (Pollack, Jeffrey) (Entered: 06/02/2020)

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  • 06/02/2020
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  • Docket(#17) DECLARATION re #15 First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action of John Curcio in Support of Defendants' Motion by Kenneth Barrett, William Cassese, John Curcio (Pollack, Jeffrey) (Entered: 06/02/2020)

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  • 06/02/2020
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  • Docket(#16) DECLARATION re #15 First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action by Jeffrey Pollack in Support of Motion by Kenneth Barrett, William Cassese, John Curcio (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Pollack, Jeffrey) (Entered: 06/02/2020)

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  • 06/02/2020
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  • Docket(#15) First MOTION to Compel Arbitration of Plaintiffs' Claims and to Dismiss Plaintiffs' Fifth Cause of Action by Kenneth Barrett, William Cassese, John Curcio. (Pollack, Jeffrey) (Entered: 06/02/2020)

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9 More Docket Entries
  • 05/14/2020
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  • Docket(#8) NOTICE of Appearance by Jeffrey D. Pollack on behalf of All Defendants (aty to be noticed) (Pollack, Jeffrey) (Entered: 05/14/2020)

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  • 05/13/2020
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  • Docket(#7) ORDER TO SHOW CAUSE: Show Cause Hearing set for 6/1/2020 at 10:30 a.m. by Teleconference. The parties are to dial 888-684-8852 and type in the access code 1312089 for the AT&T conference bridge.Ordered by Judge Kiyo A. Matsumoto on 5/13/2020. (Williams-Jackson, Sandra) (Entered: 05/13/2020)

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  • 05/13/2020
  • DocketORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 5/13/2020. (Bowens, Priscilla) (Entered: 05/13/2020)

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  • 05/12/2020
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  • Docket(#6) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 05/12/2020)

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  • 05/12/2020
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  • Docket(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 05/12/2020)

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  • 05/12/2020
  • DocketCase Assigned to Judge Eric N. Vitaliano and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 05/12/2020)

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  • 05/12/2020
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  • Docket(#4) AFFIDAVIT/AFFIRMATION re #2 Unsigned Order to Show Cause by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (Attachments: #1 Exhibit A, Certification, #2 Exhibit B, April 20, 2020 email, #3 Exhibit C, Notice and Demand for Withdrawal Liability Calculation, #4 Exhibit D, April 17, 2020 email, #5 Exhibit E, proposed Order) (McGee, Erin) (Entered: 05/12/2020)

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  • 05/12/2020
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  • Docket(#3) MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by Demos P. Demopoulos, Stephen Malone, Michael Spinelli. (McGee, Erin) (Entered: 05/12/2020)

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  • 05/12/2020
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  • Docket(#2) Unsigned Order to Show Cause /Motion for Preliminary Injunction by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (McGee, Erin) (Entered: 05/12/2020)

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  • 05/12/2020
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  • Docket(#1) COMPLAINT against Kenneth Barrett, William Cassese, John Curcio filing fee $ 400, receipt number ANYEDC-12787289 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Demos P. Demopoulos, Michael Spinelli, Stephen Malone. (Attachments: #1 Civil Cover Sheet) (McGee, Erin) (Entered: 05/12/2020)

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