ECF

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:12-cv-04181-JPO
Enright et al v. New York City District Council of Carpenters Date Filed: 05/25/2012 Welfare Fund et al Jury Demand: Plaintiff Assigned to: Judge J. Paul Oetken Nature of Suit: 791 Labor: E.R.I.S.A. Cause: 28:1331 Fed. Question: Other Jurisdiction: Federal Question Plaintiff Patrick Enright represented by Harvey Steven Mars individually Law Office of Harvey S. Mars 322 West 48th Street New York, NY 10036 212-765-4300 Fax: 212-765-2775 Email: hsmlaborlaw@harveymarsattorney.com ATTORNEY TO BE NOTICED Plaintiff Patrick Enright on behalf of all similarly situated retired participants Plaintiff Henry Diamond individually Plaintiff Henry Diamond on behalf of all similarly situated retired participants Plaintiff James Lynch individually Plaintiff James Lynch on behalf of all similarly situated retired participants Plaintiff represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED

John Gorham individually Plaintiff John Gorham on behalf of all similarly situated retired participants Plaintiff James Patterson individually Plaintiff James Patterson on behalf of all similarly situated retired participants Plaintiff Emanuel Pyros

represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED represented by Harvey Steven Mars (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Mike Zemesky

V. Defendant New York City District Council of Carpenters Welfare Fund TERMINATED: 01/18/2013

represented by George Peter Clark , JR., Kauff McGuire & Margolis LLP 950 Third Avenue, 14th Floor New York, NY 10022 (212)644-1010 Fax: (212)644-1936 Email: clark@kmm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth O'Leary Kauff McGuire & Margolis LLP 950 Third Avenue, 14th Floor New York, NY 10022 (212)-909-0715 Fax: (212)-644-1936 Email: oleary@kmm.com ATTORNEY TO BE NOTICED

Erica Eden Frank Kauff McGuire & Margolis LLP 950 Third Avenue, 14th Floor New York, NY 10022 (212) 664-1010 Fax: (212) 644-1936 Email: frank@kmm.com ATTORNEY TO BE NOTICED Defendant The Board of Trustees of the New York City District Council of Carpenters Welfare Fund TERMINATED: 01/18/2013 represented by George Peter Clark , JR., (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth O'Leary (See above for address) ATTORNEY TO BE NOTICED Erica Eden Frank (See above for address) ATTORNEY TO BE NOTICED Defendant Joseph Epstein as Executive Director of the New York City District Council of Carpenters Welfare Fund represented by George Peter Clark , JR., (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth O'Leary (See above for address) ATTORNEY TO BE NOTICED Erica Eden Frank (See above for address) ATTORNEY TO BE NOTICED Intervenor Defendant Spivak Lipton LLP represented by Adrian D. Healy Spivak Lipton LLP 1700 Broadway New York, NY 10019 (917)-499-9012 Fax: (212)-541-5429 Email: ahealy@spivaklipton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

James M Murphy Spivak Lipton Watanabe Spivak & Moss LLP 1700 Broadway, Suite 2100 New York, NY 10019 (212)-765-2100 Fax: (212)-541-5429 Email: jmurphy@spivak-lipton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Denis Patrick Duffey , Jr. Spivak Lipton Watanabe Spivak & Moss LLP 1700 Broadway, Suite 2100 New York, NY 10019 (212)-765-2100 Fax: (212)-541-5429 Email: dduffey@spivak-lipton.com ATTORNEY TO BE NOTICED ADR Provider U.S. Dept of Labor Date Filed 04/30/2013 # Docket Text

51 ENDORSED LETTER addressed to Judge J. Paul Oetken from Erica E. Frank dated 4/26/2013 re: We write with the consent of counsel for Plaintiffs and counsel for Defendant-Intervenor to request a brief extension of the briefing schedule for the pending motions for summary judgment. The Welfare Fund Defendants' and Defendant-Intervenor's reply briefs are currently due on May 3,2013. The Welfare Fund Defendants and Defendant-Intervenor now respectfully request that their reply briefs be due on May 24, 2013. Plaintiffs have consented to this request. ENDORSEMENT: Application Granted., ( Replies due by 5/24/2013.) (Signed by Judge J. Paul Oetken on 4/29/2013) (ama) (Entered: 04/30/2013) 50 AFFIDAVIT of henry diamond in Opposition re: 36 MOTION to Dismiss the Complaint's First, Second, Third and Fourth Causes of Action.. Document filed by Henry Diamond(on behalf of all similarly situated retired participants). (Mars, Harvey) (Entered: 04/12/2013) 49 MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss the Complaint's First, Second, Third and Fourth Causes of Action.. Document filed by Henry Diamond(on behalf of all similarly situated retired participants). (Mars, Harvey) (Entered: 04/12/2013) 48 AFFIRMATION of Harvey S. Mars in Support re: 20 MOTION for Summary Judgment as to non-class claims.. Document filed by Henry Diamond(on behalf

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of all similarly situated retired participants). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Mars, Harvey) (Entered: 04/12/2013) 04/12/2013 47 REPLY MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment as to non-class claims.. Document filed by Henry Diamond(on behalf of all similarly situated retired participants). (Mars, Harvey) (Entered: 04/12/2013) 46 ENDORSED LETTER addressed to Judge J. Paul Oetken from Harvey S. Mars dated 3/14/2013 re: I represent the Plaintiffs in the above-referenced case, and I write to request a short extension of the filing and briefing schedule for the pending motions for summary judgment. The Plaintiffs' Opposition and Reply is currently due on March 29,2013. Plaintiffs now respectfully request that their briefs now be due on April 12. 2013. Correspondingly, Defendants request that their Reply briefs be due May 3, 2013. ENDORSEMENT: Application Granted., ( Responses due by 4/12/2013, Replies due by 5/3/2013.) (Signed by Judge J. Paul Oetken on 3/15/2013) (ama) Modified on 3/19/2013 (ama). (Entered: 03/15/2013) Please be advised that Judge Oetken's Courtroom and Chambers have been moved to the Thurgood Marshall United States Courthouse located at 40 Foley Square, New York, New York 10007. Effective immediately, all proceedings before the Court will take place in Courtroom 706. Judge Oetken's Chambers are located in Room 2101, 40 Foley Square. The Court's Individual Practices remain available at http://www.nysd.uscourts.gov/judge/Oetken. (Skolnik, Brandon) (Entered: 03/12/2013) 45 DECLARATION of Michael Bilello in Support re: 37 CROSS MOTION for Summary Judgment.. Document filed by Spivak Lipton LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Murphy, James) (Entered: 03/11/2013) 44 NOTICE OF APPEARANCE by Erica Eden Frank on behalf of Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund (Frank, Erica) (Entered: 03/11/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney James M Murphy: Document No. 42 is an Exhibit. This document is not filed via ECF. NOTE: Exhibits are ONLY filed as attachments to a supporting document. (ldi) (Entered: 03/11/2013) 43 MEMORANDUM OF LAW in Support re: 37 CROSS MOTION for Summary Judgment.. Document filed by Spivak Lipton LLP. (Murphy, James) (Entered: 03/08/2013) 42 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Michael Bilello in Support re: 37 CROSS MOTION for Summary Judgment.. Document filed by Spivak Lipton LLP. (Attachments: # 1

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Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F)(Murphy, James) Modified on 3/11/2013 (ldi). (Entered: 03/08/2013) 03/08/2013 41 DECLARATION of Michael Bilello in Support re: 37 CROSS MOTION for Summary Judgment.. Document filed by Spivak Lipton LLP. (Attachments: # 1 Exhibit A)(Murphy, James) (Entered: 03/08/2013) 40 DECLARATION of Laura Kalick in Support re: 36 MOTION to Dismiss the Complaint's First, Second, Third and Fourth Causes of Action.. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. (Attachments: # 1 Exhibit A)(O'Leary, Elizabeth) (Entered: 03/08/2013) 39 MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss the Complaint's First, Second, Third and Fourth Causes of Action.. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. (O'Leary, Elizabeth) (Entered: 03/08/2013) 38 RULE 56.1 STATEMENT. Document filed by Spivak Lipton LLP. (Murphy, James) (Entered: 03/08/2013) 37 CROSS MOTION for Summary Judgment. Document filed by Spivak Lipton LLP.(Murphy, James) (Entered: 03/08/2013) 36 MOTION to Dismiss the Complaint's First, Second, Third and Fourth Causes of Action. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. Responses due by 3/29/2013(O'Leary, Elizabeth) (Entered: 03/08/2013) 35 DECLARATION of David Jacobsen in Support re: 33 CROSS MOTION to Dismiss the Complaint's Second, Fifth, Sixth, Seventh and Eighth Causes of Action.. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. (O'Leary, Elizabeth) (Entered: 03/08/2013) 34 MEMORANDUM OF LAW in Support re: 33 CROSS MOTION to Dismiss the Complaint's Second, Fifth, Sixth, Seventh and Eighth Causes of Action.. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. (O'Leary, Elizabeth) (Entered: 03/08/2013) 33 CROSS MOTION to Dismiss the Complaint's Second, Fifth, Sixth, Seventh and Eighth Causes of Action. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. Responses due by 3/29/2013(O'Leary, Elizabeth) (Entered: 03/08/2013)

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32 NOTICE OF APPEARANCE by Adrian D. Healy on behalf of Spivak Lipton LLP (Healy, Adrian) (Entered: 03/08/2013) 31 ENDORSED LETTER addressed to Judge J. Paul Oetken from G. Peter Clark dated 2/12/2013 re: I represent the Welfare Fund Defendants in the abovereferenced case, and I write with the joint request of the Welfare Fund Defendants and the Defendant Intervenor District Council for a short extension of the filing and briefing schedule for the pending motions for summary judgment. Counsel for the Plaintiffs does not oppose the requested extension of time. ENDORSEMENT: SO ORDERED., ( Cross Motions due by 3/8/2013., Responses due by 3/29/2013, Replies due by 4/12/2013.) (Signed by Judge J. Paul Oetken on 2/21/2013) (ama) (Entered: 02/21/2013) 30 ENDORSED LETTER addressed to Judge J. Paul Oetken from G. Peter Clark dated 2/12/2013 re: We request a subject matter division of the briefs to be filed by the Welfare Fund Defendants in connection with the Plaintiffs' motion for partial summary judgment and the Welfare Fund Defendants' cross-motion for summary judgment that are being filed in this matter, and as further requested in this letter. ENDORSEMENT: Application granted. (Signed by Judge J. Paul Oetken on 2/13/2013) (cd) (Entered: 02/14/2013) 29 NOTICE OF APPEARANCE by Elizabeth O'Leary on behalf of Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund (O'Leary, Elizabeth) (Entered: 02/04/2013) 28 AFFIDAVIT in Support re: 20 MOTION for Summary Judgment as to nonclass claims.. Document filed by James Patterson(individually). (Attachments: # 1 Exhibit no. 1)(Mars, Harvey) (Entered: 02/04/2013) 27 MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment as to non-class claims.. Document filed by James Patterson(on behalf of all similarly situated retired participants). (Mars, Harvey) (Entered: 02/04/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Harvey Steven Mars to MANUALLY RE-FILE Document No. 23 , 24 , 25 , 26 Stipulation, with the Orders and Judgments Department. This document is NOT filed via ECF. (ldi) (Entered: 02/04/2013) 26 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Summary Judgment Stipulation of Uncontested Fact. Document filed by James Patterson(individually). (Attachments: # 1 Exhibit Exhibit 22 Part 1A, # 2 Exhibit Exhibit 22 Part 1B)(Mars, Harvey) Modified on 2/4/2013 (ldi). (Entered: 02/04/2013) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Harvey Steven Mars to RE-FILE Document 22 MOTION for Summary Judgment Memorandum of Law in Support of Motion for Partial Summary Judgment. Use the event type Memorandum of

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Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link ONLY to document # 20 Motion. (ldi) (Entered: 02/04/2013) 02/01/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Harvey Steven Mars to RE-FILE Document 21 MOTION for Summary Judgment Supporting Affidaivt of James Patterson. Use the event type Affidavit in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link ONLY to document # 20 Motion. (ldi) (Entered: 02/04/2013) 25 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Summary Judgment Stipulation of Uncontested Fact. Document filed by James Patterson(on behalf of all similarly situated retired participants). (Attachments: # 1 Exhibit No. 21, # 2 Exhibit No 22. Part 2, # 3 Exhibit No 22 Part 3, # 4 Exhibit No. 23, # 5 Exhibit No. 24, # 6 Exhibit No. 25, # 7 Exhibit No. 26, # 8 Exhibit No. 27, # 9 Exhibit No. 28, # 10 Exhibit No. 29, # 11 Exhibit No. 30)(Mars, Harvey) Modified on 2/4/2013 (ldi). (Entered: 02/01/2013) 24 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Summary Judgment Stipulation of Uncontested Facts. Document filed by James Patterson(on behalf of all similarly situated retired participants). (Attachments: # 1 Exhibit No. 11, # 2 Exhibit No. 12, # 3 Exhibit No. 13, # 4 Exhibit No. 14, # 5 Exhibit No. 15, # 6 Exhibit No. 16, # 7 Exhibit No. 17, # 8 Exhibit No. 18, # 9 Exhibit No. 19, # 10 Exhibit No. 20)(Mars, Harvey) Modified on 2/4/2013 (ldi). (Entered: 02/01/2013) 23 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Summary Judgment Stipulation of Uncontested Facts. Document filed by James Patterson(individually). (Attachments: # 1 Exhibit No 1, # 2 Exhibit No. 2, # 3 Exhibit No. 3, # 4 Exhibit No. 4, # 5 Exhibit No. 5, # 6 Exhibit No. 6, # 7 Exhibit No. 7, # 8 Exhibit No. 8, # 9 Exhibit No. 9, # 10 Exhibit No. 10)(Mars, Harvey) Modified on 2/4/2013 (ldi). (Entered: 02/01/2013) 22 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU MOTION for Summary Judgment Memorandum of Law in Support of Motion for Partial Summary Judgment. Document filed by James Patterson(on behalf of all similarly situated retired participants).(Mars, Harvey) Modified on 2/4/2013 (ldi). (Entered: 02/01/2013) 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU MOTION for Summary Judgment Supporting Affidaivt of James Patterson. Document filed by James Patterson(on behalf of all similarly situated retired participants).(Mars, Harvey) Modified on 2/4/2013 (ldi). (Entered: 02/01/2013) 20 MOTION for Summary Judgment as to non-class claims. Document filed by James Patterson(on behalf of all similarly situated retired participants). Responses due by 2/22/2013(Mars, Harvey) (Entered: 02/01/2013)

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19 ENDORSED LETTER addressed to Judge J. Paul Oetken from Harvey S. Mars dated 1/16/13 re: Counsel writes to propose the following agreed upon schedule: February 1, 2013: Plaintiff files partial motion for summary judgment; February 22, 2013: Defendant files opposition and cross-motion for summary judgment; March 15, 2013: Plaintiff Opposition/Reply; March 29, 2013: Defendant Reply. ENDORSEMENT: So ordered. ( Cross Motions due by 2/22/2013., Motions due by 2/1/2013., Responses due by 3/15/2013, Replies due by 3/29/2013.) (Signed by Judge J. Paul Oetken on 1/22/2013) (mro) Modified on 1/24/2013 (mro). (Entered: 01/23/2013) 18 ANSWER to 1 Complaint,,,. Document filed by Spivak Lipton LLP.(Murphy, James) (Entered: 01/22/2013) 17 NOTICE OF APPEARANCE by Denis Patrick Duffey, Jr on behalf of Spivak Lipton LLP (Duffey, Denis) (Entered: 01/18/2013) 16 Letter addressed to Judge J. Paul Oetken from Harvey S. Mars dated 1/9/2013 re: Counsel for Plaintiffs write with regard to the District Council of the New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America's (District Council) motion to intervene in the above-referenced matter. Plaintiffs have no opposition to the District Council being permitted to intervene in this action on a permissive basis pursuant to FRCP 24(b) and would consent to the entry of an Order by this Honorable Court granting the District Council permission to intervene under FRCP 24(b). Document filed by Henry Diamond(on behalf of all similarly situated retired participants), Henry Diamond(individually), Patrick Enright(individually), Patrick Enright(on behalf of all similarly situated retired participants), John Gorham(individually), John Gorham(on behalf of all similarly situated retired participants), James Lynch(on behalf of all similarly situated retired participants), James Lynch(individually), James Patterson(individually), James Patterson(on behalf of all similarly situated retired participants), Emanuel Pyros, Mike Zemesky.(js) (Entered: 01/18/2013) 15 ORDER granting 10 Motion to Intervene. The District Council of the New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America's motion to intervene in this action as a defendant is hereby GRANTED. The Clerk of the Court is directed to terminate the motion at Docket Number 10. SO ORDERED.(Signed by Judge J. Paul Oetken on 1/14/2013) (ama) (Entered: 01/18/2013) 14 Letter addressed to Judge J. Paul Oetken from G. Peter Clark dated 1/9/2013 re: counsel for Carpenters Welfare Fund Defendants writes, We have received the recently-filed notice of motion by the District Council of Carpenters seeking to intervene in the above-referenced action as a defendant. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund. (pl) (Entered: 01/11/2013) 13 ENDORSED LETTER addressed to Judge J. Paul Oetken from Harvey S. Mars dated 12/19/2012 re: Counsel have agreed to the following briefing schedule: Plaintiff to file partial motion for summary judgment on 1/18/2013; Defendant

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to file opposition and cross-motion for summary judgment on 2/8/2013; Plaintiff Opposition/Reply due by 3/1/2013; Defendant's reply due by 3/15/2013; Sur-reply may be permitted at Court's option. ENDORSEMENT: SO ORDERED.(Cross Motions due by 2/8/2013. Motions due by 1/18/2013. Responses due by 3/1/2013, Replies due by 3/15/2013.) (Signed by Judge J. Paul Oetken on 1/2/2013) (tro) Modified on 1/4/2013 (tro). Modified on 1/4/2013 (tro). (Entered: 01/03/2013) 12/21/2012 12 DECLARATION of James Murphy in Support re: 10 MOTION to Intervene.. Document filed by Spivak Lipton LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit B)(Murphy, James) (Entered: 12/21/2012) 11 MEMORANDUM OF LAW in Support re: 10 MOTION to Intervene.. Document filed by Spivak Lipton LLP. (Murphy, James) (Entered: 12/21/2012) 10 MOTION to Intervene. Document filed by Spivak Lipton LLP. (Attachments: # 1 Exhibit Answer)(Murphy, James) (Entered: 12/21/2012) Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 12/5/2012. (Motions due by 1/18/2013, Replies due by 3/15/2013, Responses due by 3/1/2013). (ft) (Entered: 12/12/2012) 9 Letter addressed to Judge J. Paul Oetken from Harvey S. Mars dated 11/1/2012 re: Counsel for Plaintiffs writes requesting that the preliminary conference be treated as a pre-motion conference for permission to move for partial summary judgment. Document filed by Henry Diamond(on behalf of all similarly situated retired participants), Henry Diamond(individually), Patrick Enright(individually), Patrick Enright(on behalf of all similarly situated retired participants), Joseph Epstein, John Gorham(individually), John Gorham(on behalf of all similarly situated retired participants), James Lynch(on behalf of all similarly situated retired participants), James Lynch(individually), James Patterson(individually), James Patterson(on behalf of all similarly situated retired participants), Emanuel Pyros, Mike Zemesky.(ae) (Entered: 11/07/2012) 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/5/2012 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 11/5/2012) (ae) (Entered: 11/07/2012) 7 ANSWER to 1 Complaint,,,. Document filed by Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund.(Clark, George) (Entered: 11/01/2012) 6 AFFIDAVIT OF SERVICE. U.S. Dept of Labor served on 10/18/2012, answer due 11/8/2012. Document filed by Henry Diamond(on behalf of all similarly situated retired participants). (Mars, Harvey) (Entered: 10/22/2012) 5 STIPULATION FURTHER EXTENDING TIME FOR DEFENDANTS TO ANSWER COMPLAINT: Joseph Epstein answer due 10/31/2012; New York City District Council of Carpenters Welfare Fund answer due 10/31/2012; The Board of Trustees of the New York City District Council of Carpenters Welfare

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Fund answer due 10/31/2012. (Signed by Judge J. Paul Oetken on 8/10/2012) (signature date is 8/10/12) (djc) Modified on 8/10/2012 (djc). (Entered: 08/10/2012) 07/24/2012 4 STIPULATION EXTENDING TIME FOR DEFENDANTS TO ANSWER COMPLAINT. IT IS STIPULATED AND AGREED by and between Plaintiffs Patrick Enright et alia and Defendants New York City District Council of Carpenters Welfare Fund et alia that the time for Defendants to answer, move or otherwise respond with respect to the Complaint in the above-captioned action be and it hereby is extended through and including August 31, 2012. All Defendants answer due 8/31/2012. (Signed by Judge J. Paul Oetken on 7/20/2012) (rjm) (Entered: 07/25/2012) 3 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Gina Toner. Document filed by Patrick Enright(on behalf of all similarly situated retired participants). (Mars, Harvey) (Entered: 07/11/2012) Magistrate Judge James L. Cott is so designated. (pgu) (Entered: 06/01/2012) 2 NOTICE OF CASE ASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 06/01/2012) CASE DECLINED AS NOT SIMILAR. Case referred as similar to 99-cv-671 and declined by Judge Shira A. Scheindlin and returned to wheel for assignment. (pgu) (Entered: 06/01/2012) Case Designated ECF. (laq) (Entered: 05/30/2012) CASE REFERRED TO Judge Shira A. Scheindlin as possibly similar to 99-cv0671. (laq) (Entered: 05/30/2012) SUMMONS ISSUED as to Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. (laq) (Entered: 05/30/2012) 1 COMPLAINT against Joseph Epstein, New York City District Council of Carpenters Welfare Fund, The Board of Trustees of the New York City District Council of Carpenters Welfare Fund. (Filing Fee $ 350.00, Receipt Number 465401039340)Document filed by James Lynch(on behalf of all similarly situated retired participants), Emanuel Pyros, Patrick Enright(on behalf of all similarly situated retired participants), Henry Diamond(on behalf of all similarly situated retired participants), James Lynch(individually), James Patterson(individually), John Gorham(on behalf of all similarly situated retired participants), Patrick Enright(individually), Mike Zemesky, James Patterson(on behalf of all similarly situated retired participants), John Gorham(individually), Henry Diamond(individually).(laq) (ama). (Entered: 05/30/2012)

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