This case was last updated from U.S. District Courts on 05/04/2020 at 09:18:19 (UTC).

Demopoulos et al v. Curio et al

Case Summary

On 03/05/2020 Demopoulos filed a Labor - Employee Benefit lawsuit against Curio. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Joanna Seybert, Anne Y. Shields, Peggy Kuo and Roslynn R. Mauskopf. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-01208

  • Filing Date:

    03/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Employee Benefit

  • Courthouse:

    New York Eastern District

Judge Details

Presiding Judges

Joanna Seybert

Roslynn R. Mauskopf

Referral Judges

Anne Y. Shields

Peggy Kuo

 

Party Details

Plaintiffs

Demos P. Demopoulos

Stephen Malone

Michael Spinelli

Defendants

William Cassese

John Curio

Kenneth Barrett

John Curcio

Attorney/Law Firm Details

Plaintiff Attorneys

Anusha Rasalingam

Attorney at Friedman & Anspach

1500 Broadway, Suite 2300

New York, NY 10036

Erin Veronica McGee

Attorney at Friedman and 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

#35

(#35) First MOTION to Compel Arbitration of Plaintiffs' Claims by Kenneth Barrett, William Cassese, John Curcio. (Pollack, Jeffrey) Modified on April 30, 2020 to reflect that this is a request for a pre-motion conference. (Rand, Matthew). (Entered: 04/23/2020)

22 #5

Exhibit E, Notice of Intention to Arbitrate

22 #4

Exhibit D, Dec 18 2019 Executive Session Minutes

22 #3

Exhibit C, Dec 18 2019 Trustees Meeting Minutes

22 #2

Exhibit B, 854 HW Agreement & Declaration of Trust

22 #1

Exhibit A, 854 PF Declaration of Trust

#22

SCHEDULING ORDER: A settlement conference will be held on May 13, 2020 at 2:15 pm before Magistrate Judge Peggy Kuo. A representative of each party with complete settlement authority (other than counsel) must be present. The conference will be limited to the issues set forth in the Amended Complaint #22 , the Answer #13 , and Defendants' Motion to Compel Arbitration #14 .The parties are directed to submit confidential ex parte settlement statements, which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by May 6, 2020. The statements can be no longer than three pages. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules.Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their settlement statements. (Rand, Matthew) (Entered: 04/28/2020)

#14

SCHEDULING ORDER: A settlement conference will be held on May 13, 2020 at 2:15 pm before Magistrate Judge Peggy Kuo. A representative of each party with complete settlement authority (other than counsel) must be present. The conference will be limited to the issues set forth in the Amended Complaint #22 , the Answer #13 , and Defendants' Motion to Compel Arbitration #14 .The parties are directed to submit confidential ex parte settlement statements, which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by May 6, 2020. The statements can be no longer than three pages. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules.Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their settlement statements. (Rand, Matthew) (Entered: 04/28/2020)

#13

SCHEDULING ORDER: A settlement conference will be held on May 13, 2020 at 2:15 pm before Magistrate Judge Peggy Kuo. A representative of each party with complete settlement authority (other than counsel) must be present. The conference will be limited to the issues set forth in the Amended Complaint #22 , the Answer #13 , and Defendants' Motion to Compel Arbitration #14 .The parties are directed to submit confidential ex parte settlement statements, which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by May 6, 2020. The statements can be no longer than three pages. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules.Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their settlement statements. (Rand, Matthew) (Entered: 04/28/2020)

#8

(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

#7

(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

#6

(#6) 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: 03/05/2020)

#5

(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

#4

(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

#3

(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

#2

(#7) ORDER TO SHOW CAUSE for Preliminary Injunction. (Show Cause Hearing set for 3/12/2020 11:00 AM before Magistrate Judge Anne Y. Shields.), ORDER REFERRING MOTION: #2 MOTION/Order to Show Cause for Preliminary Injunction to Judge Anne Y. Shields. SEE ATTACHED ORDER TO SHOW CAUSE for details. So Ordered by Judge Joanna Seybert on 3/5/2020. (Coleman, Laurie) (Entered: 03/05/2020)

1 #1

Civil Cover Sheet

#1

(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

49 More Documents Available

 

Docket Entries

  • 04/30/2020
  • View Court Documents
  • DocketOrder granting Defendants' request for a pre-motion conference #35 . A pre-motion conference is scheduled for May 21, 2020 at 11:00 a.m. before the Honorable Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected.Plaintiffs may, but are not required to, file a response by May 18, 2020.Ordered by Magistrate Judge Peggy Kuo on April 30, 2020. (Rand, Matthew) (Entered: 04/30/2020)

    Read MoreRead Less
  • 04/30/2020
  • View Court Documents
  • DocketORDER REFERRING MOTION: Defendants' motion, (Doc. No. #35 ), is construed as a request for a pre-motion conference in anticipation of filing a proposed motion to dismiss and to compel arbitration. The request for a pre-motion conference and any motion practice arising out of that request are hereby referred to Magistrate Judge Kuo. Ordered by Chief Judge Roslynn R. Mauskopf on 4/30/2020. (Walchak, David) Modified on 4/30/2020 to correct Doc. No.(O'Neil-Berven, Ryan). (Entered: 04/30/2020)

    Read MoreRead Less
  • 04/28/2020
  • View Court Documents
  • DocketSCHEDULING ORDER: A settlement conference will be held on May 13, 2020 at 2:15 pm before Magistrate Judge Peggy Kuo. A representative of each party with complete settlement authority (other than counsel) must be present. The conference will be limited to the issues set forth in the Amended Complaint #22 , the Answer #13 , and Defendants' Motion to Compel Arbitration #14 .The parties are directed to submit confidential ex parte settlement statements, which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by May 6, 2020. The statements can be no longer than three pages. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules.Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their settlement statements. (Rand, Matthew) (Entered: 04/28/2020)

    Read MoreRead Less
  • 04/23/2020
  • View Court Documents
  • Docket(#36) MEMORANDUM in Support re #35 First MOTION to Compel Arbitration of Plaintiffs' Claims filed by All Defendants. (Pollack, Jeffrey) (Entered: 04/23/2020)

    Read MoreRead Less
  • 04/23/2020
  • View Court Documents
  • Docket(#35) First MOTION to Compel Arbitration of Plaintiffs' Claims by Kenneth Barrett, William Cassese, John Curcio. (Pollack, Jeffrey) Modified on April 30, 2020 to reflect that this is a request for a pre-motion conference. (Rand, Matthew). (Entered: 04/23/2020)

    Read MoreRead Less
  • 04/17/2020
  • View Court Documents
  • Docket(#34) Letter by both parties regarding Settlement Conference by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (Rasalingam, Anusha) (Entered: 04/17/2020)

    Read MoreRead Less
  • 04/16/2020
  • View Court Documents
  • Docket(#33) MEMORANDUM in Opposition to Attorney Disqualification filed by All Plaintiffs. (Rasalingam, Anusha) (Entered: 04/16/2020)

    Read MoreRead Less
  • 04/16/2020
  • View Court Documents
  • Docket(#32) MEMORANDUM in Support of Defendants' Submissions in Response to Court's Order Dated April 8, 2020 filed by All Defendants. (Pollack, Jeffrey) (Entered: 04/16/2020)

    Read MoreRead Less
  • 04/16/2020
  • View Court Documents
  • Docket(#31) DECLARATION of Kenneth Barrett in Support of Defendants' Submissions in Response to Court's Order dated April 8, 2020 by Kenneth Barrett, William Cassese, John Curcio (Pollack, Jeffrey) (Entered: 04/16/2020)

    Read MoreRead Less
  • 04/16/2020
  • View Court Documents
  • Docket(#30) DECLARATION of William Cassese in Support of Defendants' Submissions in Response to Court's Order dated April 8, 2020 by Kenneth Barrett, William Cassese, John Curcio (Pollack, Jeffrey) (Entered: 04/16/2020)

    Read MoreRead Less
29 More Docket Entries
  • 03/09/2020
  • View Court Documents
  • Docket(#9) NOTICE of Appearance by Jeffrey D. Pollack on behalf of All Defendants (aty to be noticed) (Pollack, Jeffrey) (Entered: 03/09/2020)

    Read MoreRead Less
  • 03/06/2020
  • View Court Documents
  • Docket(#8) CERTIFICATE OF SERVICE by Demos P. Demopoulos, Stephen Malone, Michael Spinelli re #1 Complaint, #5 Summons Issued, #7 Order to Show Cause,, Order Referring Motion, #3 Memorandum in Support, #4 Affidavit (Rasalingam, Anusha) (Entered: 03/06/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#7) ORDER TO SHOW CAUSE for Preliminary Injunction. (Show Cause Hearing set for 3/12/2020 11:00 AM before Magistrate Judge Anne Y. Shields.), ORDER REFERRING MOTION: #2 MOTION/Order to Show Cause for Preliminary Injunction to Judge Anne Y. Shields. SEE ATTACHED ORDER TO SHOW CAUSE for details. So Ordered by Judge Joanna Seybert on 3/5/2020. (Coleman, Laurie) (Entered: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#6) 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: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#5) Summons Issued as to Kenneth Barrett, William Cassese, John Curcio. (Davis, Kimberly) (Entered: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • DocketFILING FEE: $ 400, receipt number 4653148647 (Davis, Kimberly) (Entered: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#4) AFFIDAVIT Of Demos P. Demopoulos re #2 Unsigned Order to Show Cause by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (Davis, Kimberly) (Entered: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#3) MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by Demos P. Demopoulos, Stephen Malone, Michael Spinelli. (Davis, Kimberly) (Entered: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#2) Unsigned Order to Show Cause/Motion for Preliminary Injunction by Demos P. Demopoulos, Stephen Malone, Michael Spinelli (Davis, Kimberly) Modified on 3/5/2020 to change event type to motion (Coleman, Laurie). (Entered: 03/05/2020)

    Read MoreRead Less
  • 03/05/2020
  • View Court Documents
  • Docket(#1) COMPLAINT against Kenneth Barrett, William Cassese, John Curcio, filed by Stephen Malone, Demos P. Demopoulos, Michael Spinelli. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 03/05/2020)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer Gabriel Altman

Latest cases represented by Lawyer Jeffrey Dean Pollack