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UFCW LOCAL 174 v. HOMESTEAD MEADOWS FOODS

No. 05 Civ. 7098(DLC).

425 F.Supp.2d 392 (2005)

UFCW LOCAL 174 COMMERCIAL HEALTH CARE FUND, UFCW Local 174 Pension Fund, UFCW Local 174 Commercial Pension Fund, UFCW Local 174 Security Benefit Fund, UFCW Local 342 Annuity Fund, UFCW Local 342 Health Care Fund, UFCW Local 342 Security Benefit Fund and UFCW Local 342 Legal Fund, Plaintiffs, v. HOMESTEAD MEADOWS FOODS CORP., Harry Capital, Inc., Ford Meats, LLC, Heritage Food Group, Inc., Brian M. Weiner (Individually) and Martin Weiner (Individually), Defendants.

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

October 4, 2005.

Attorney(s) appearing for the Case

Andrew John Calcagno, Calcagno & Associates, Attorneys at Law, LLC, Cranford, New Jersey, for Plaintiffs UFCW Local 174 Commercial Health Care Fund, et al.

Stuart A. Jackson, Maidman and Mittleman, LLP, New York, NY, for Defendants Homestead Meadows Foods Corp., et al.

MEMORANDUM OPINION & ORDER

COTE, District Judge.

Eight employee benefits plans seek to recover assets that they claim were unlawfully transferred in an effort to shield them from an outstanding judgment. As all the counts plead by the plaintiffs arise under state law, the Court requested that the parties submit briefing on the issue of subject matter jurisdiction. Because the plaintiffs seek to collect a judgment issued by this Court by tracing...

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