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ENRIGHT v. NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS WELFARE FUND

No. 12 Civ. 4181 (JPO).

PATRICK ENRIGHT, HENRY DIAMOND, JAMES LYNCH, JOHN GORHAM, JAMES PATTERSON, EMANUEL PYROS and MIKE ZEMSKI, Plaintiffs, v. NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS WELFARE FUND, THE BOARD OF TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS WELFARE FUND, JOSEPH EPSTEIN, as EXECUTIVE DIRECTOR OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS WELFARE FUND, Defendants, and THE DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINDERS OF AMERICA, Defendant-Intervenor.

United States District Court, S.D. New York.

July 10, 2013.

Attorney(s) appearing for the Case

Patrick Enright, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars & Harvey Steven Mars , Law Office of Harvey S. Mars.

Henry Diamond, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars & Harvey Steven Mars , Law Office of Harvey S. Mars.

James Lynch, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars & Harvey Steven Mars , Law Office of Harvey S. Mars.

John Gorham, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars & Harvey Steven Mars , Law Office of Harvey S. Mars.

James Patterson, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars & Harvey Steven Mars , Law Office of Harvey S. Mars.

Emanuel Pyros, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars.

Mike Zemesky, Plaintiff, represented by Harvey Steven Mars , Law Office of Harvey S. Mars.

Joseph Epstein, Defendant, represented by George Peter Clark, JR., , Kauff McGuire & Margolis LLP & Elizabeth O'Leary , Kauff McGuire & Margolis LLP.

Joseph Epstein, Defendant, represented by Erica Eden Frank , Kauff McGuire & Margolis LLP.

Spivak Lipton LLP, Intervenor Defendant, represented by Adrian D. Healy , Spivak Lipton LLP, James M Murphy , Spivak Lipton Watanabe Spivak & Moss LLP & Denis Patrick Duffey, Jr. , Spivak Lipton Watanabe Spivak & Moss LLP.

AMENDED OPINION AND ORDER

J. PAUL OETKEN, District Judge.

This case concerns the legality of an arrangement whereby dues were paid to a union by way of a welfare fund, as well as the permissibility of changes to that fund that adversely affected retiree participants. Patrick Enright, Henry Diamond, James Lynch, John Gorham, James Patterson, Emanual Pyros, and Mike Zemski ("Plaintiffs") brought this action against New York City District Council of Carpenters...

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