GESUALDI v. DIVERSIFIED CARTING, INC.

No. CV 10-2561 (WDW).

THOMAS GESUALDI, ANTHONY D'AQUILA, LOUIS BISIGNANO, MICHAEL O'TOOLE, BENNY UMBRA, JOSEPH FERRARA, FRANK FINKEL, MARC HERBST, DENISE RICHARDSON and THOMAS CORBETT as Trustees and Fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training, and Vacation and Sick Leave Trust Funds, Plaintiffs, v. DIVERSIFIED CARTING, INC., Defendant.

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

July 31, 2014.


Attorney(s) appearing for the Case

Thomas Gesualdi, Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Frank Finkel, Trustees of Local 282 International Brotherhood of Teamsters Welfare, Pension, Annuity, Job Training and Vacation Sick Leave Trust Funds, Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Anthony D'Aquila, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Louis Bisignano, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Benny Umbra, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Michael O'Toole, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Joseph Ferrara, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Marc Herbst, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Denise Richardson, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Thomas Corbett, as Trustees and Fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training, and Vacation and Sick Trust Funds, Consol Plaintiff, represented by James Robert Grisi , Trivella & Forte LLP.

Diversified Carting, Inc., Defendant, represented by Ira A. Sturm , Raab Sturm & Goldman, LLP.


MEMORANDUM & ORDER

WILLIAM D. WALL, Magistrate Judge.

Plaintiffs, the Trustees of various employee benefit plans for Local 282 (the "Funds"), commenced this action against defendant Diversified Carting, Inc. ("Diversified") seeking monetary and injunctive relief under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. §§1132 (a)(3) and 1145, and Section 30a of the Labor-Management Relations Act of 1947, 20...

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