Diorio et al v. Cardona and Sons, Incorporated et al

Filing 30

OPINION & ORDER re: 29 MOTION to Compel Steven Cardona and Cardona and Sons, Inc. to Produce . filed by Genaro A. Argenio, Jeffrey Diorio, Dean Tamburri, Justin Darrow, Michael Mastropietro, Roy McAteer, L. Todd Diorio. For go od cause shown, Plaintiffs' Motion is GRANTED, without opposition, as follows: ORDERED that Defendants, Cardona and Sons, Inc. and Steven Cardona, must respond to the information subpoenas, dated March 8, 2017, within twenty-one days of the en try of this Order. If Defendants fail to fully comply fully with this Court's Order, Plaintiff may move, without leave of Court, for a contempt hearing to determine the appropriate sanctions to be levied for noncompliance, which may include im prisonment and/or fines in an amount to be determined by the Court. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 29. This constitutes the Court's Opinion and Order. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/4/2017) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
L TODD DIORIO, JEFFREY DIORIO, DEAN
TABURRI, et al.,
Plaintiffs,
No. 15-CV-07558 (NSR)
-against-

OPINION & ORDER
CARDONA and SONDS, INC., and STEVEN
CARDONA,
Defendants.

NELSON S. ROMAN, United States District Judge
Plaintiffs, as Trustees and Fiduciaries of laborers', inter a/ia, pension, health care, and
supplemental unemployment funds, commenced this action on or about September 24, 2015
asserting claims under the Employee Retirement Income Security Act of 1974. (See ECF No. 1.)
Following Defendants' failure to appear and answer in the action, Plaintiffs obtained a default
judgment against them on October 6, 2016. (See ECF No. 26.) On March 17, 2016, Plaintiffs
served each named Defendant with information subpoenas pursuant to N.Y. C.P.L.R. R. 5224, via
personal service. (See Plaintiffs' Motion to Compel Compliance (ECF No. 29) ("Plfs. Mot.") Ex.
B.) Within seven days of receipt of the information subpoenas, Defendants were required to
respond. N.Y. C.P.L.R. R. 5224(a)(3). Despite proper service, Defendants failed to respond to
the subpoenas. Plaintiffs now move for a comt order directing Defendants to comply with the
subpoenas.
For good cause shown, Plaintiffs' Motion is GRANTED, without opposition, as follows:
ORDERED that Defendants, Cardona and Sons, Inc. and Steven Cardona, must respond to
the information subpoenas, dated March 8, 2017, within twenty-one days of the entry of this Order.

If Defendants fail to fully comply fully with this Comt's Order, Plaintiff may move, without leave

of Court, for a contempt hearing to determine the appropriate sanctions to be levied for noncompliance, which may include imprisonment and/or fines in an amount to be determined by the
Court.
The Clerk of the Comt is respectfully directed to terminate the motion at ECFNo. 29. This
constitutes the Comt's Opinion and Order.

Dated:

SO ORDERED:

December 4, 2017
White Plains, New York

Unite

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