What is the class action claim?

The bank trustee with legal fiduciary responsibility for establishing the Mario Sinacola and Sons Excavating, Inc. ESOP in 2017, allowed the ESOP (employees) to purchase all the shares of Mario Sinacola and Sons Excavating, Inc. stock from the seller (original owners) for allegedly more than fair market value.  As a result, employee shareholders are allegedly unable to sell their shares or only able to sell their shares at a subsequent loss or for far less than had the ESOP shares been purchased at fair market value.

Who can join this class action?

Any current or former Mario Sinacola and Sons Excavating, Inc. employee who earned & are vested in shares of the Mario Sinacola and Sons Excavating, Inc. ESOP.

Is there any cost to me?

No.  All plaintiff firms are litigating this case on a contingency fee basis.

How can I help &/or participate?

    1. We are interested in reviewing documents you can download from the Mario Sinacola and Sons Excavating, Inc. ESOP website: 

  • Summary Plan Description (SPD)
  • Annual Letters stating ESOP shares value
  • Statements – Please feel free to blackout any personal data

Please email to mk@mk-llc.com or fax to 212-389-6112.

  1. Refer other current or former Mario Sinacola and Sons Excavating, Inc. employees by sharing this page and or posting on social media (FB, LinkedIn).
  2. Join the case as a plaintiff Class Representative.

Read about Class Representative Duties.

Please feel free to email mk@mk-llc.com or call 212-389-6111 with any additional questions.

Online Retainer Instructions

  1. Please carefully read and check box "Part I -– Class Representative Duties"
  2. Please complete "Part II - Client Contact & Employment Information."
  3. Make sure all the required fields are filled out and as many of the optional fields as possible.
  4. Please carefully read & sign the Retainer Agreement
  5. Click the "Click to Sign" button to submit your signed agreement.
  6. Check for an email from "Adobe Sign" and click the "Confirm my email address" link to verify your signature and complete the process.
  7. One of our Attorneys will contact & speak with you by phone to finalize your joining this case. Please note: You must have a phone conversation with one of our Attorneys to complete your retention as a client of MKLLC LAW.