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Stephen Flanagan, As A Trustee of the General Building Laborers' Local 66 v. Maarv Waterproofing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 9, 2013

STEPHEN FLANAGAN, AS A TRUSTEE OF THE GENERAL BUILDING LABORERS' LOCAL 66
PENSION FUND; STEPHEN FLANAGAN, AS A TRUSTEE OF THE GENERAL
BUILDING LABORERS' LOCAL 66 WELFARE FUND; STEPHEN FLANAGAN, AS TRUSTEE OF THE
GENERAL BUILDING LABORERS' LOCAL 66 ANNUITY FUND; STEPHEN FLANAGAN, AS A TRUSTEE OF THE
GENERAL BUILDING LABORERS' LOCAL 66 LABORERS' EMPLOYER COOPERATIVE AND
EDUCATIONAL TRUST FUND; STEPHEN FLANAGAN, AS A TRUSTEE OF THE GENERAL BUILDING LABORERS' LOCAL 66
TRAINING PROGRAM; STEPHEN FLANAGAN, AS A TRUSTEE OF THE GENERAL BUILDING LABORERS' LOCAL 66
NEW YORK STATE HEALTH AND SAFETY FUND; STEPHEN FLANAGAN, AS INTERIM BUSINESS MANAGER OF
GENERAL BUILDING LABORERS' LOCAL UNION NO. 66 OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, PLAINTIFFS,
v.
MAARV WATERPROOFING, INC. AND ATTILA SZAMOSSZEGI, DEFENDANTS.

The opinion of the court was delivered by: E. Thomas Boyle United States Magistrate Judge

ORDER

The plaintiffs' motion to compel, dated December 26, 2012, is denied without prejudice to renewal in the event that this action is not dismissed.

Defendant has submitted, on December 28, 2012, unrebutted proof that this action was settled by the principals of the respective parties on November 19, 2012 in the sum of the amount demanded by the plaintiffs. Annexed to defendants' submission is a copy of the canceled check payable to plaintiffs in the sum of $28,378.35.

Counsel are directed to appear before the undersigned on January 23, 2013 at 10:30 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York, in the event that any party disputes that this action has been settled. If the action is settled, the parties shall submit a stipulation of discontinuance prior to the conference.

SO ORDERED:

E. Thomas Boyle

20130109

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