 1 |
Filed: 7/26/2006, Entered: 7/26/2006 |
Complaint |
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COMPLAINT against Payne Electrical Contractors Inc (Filing fee $ 350; Receipt U5063) , filed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Attachments: # (1) Exhibit A # (2) Exhibit B # (3) Exhibit C # (4) Exhibit D # (5) Exhibit E # (6) Exhibit F)(MT, ilcd)
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| 2 |
Filed: 7/26/2006, Entered: 7/26/2006 |
Summons Issued |
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Summons Issued as to Payne Electrical Contractors Inc. and returned to plaintiff's attorney for service. (MT, ilcd)
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| 3 |
Filed: 8/4/2006, Entered: 8/4/2006 |
Summons Returned Executed (20 days to answer) |
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SUMMONS Returned Executed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. Payne Electrical Contractors Inc served on 8/1/2006, answer due 8/21/2006. (Moody, James)
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Filed: 10/5/2006, Entered: 10/5/2006 |
Order |
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TEXT ORDER entered by Judge David G. Bernthal on 10/5/06. A telephone status conference is scheduled for 10/31/06 @ 9:45 a.m. The Court will initiate the call.(MT, ilcd)
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Filed: 10/17/2006, Entered: 10/17/2006 |
Set/Reset Deadlines |
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Set Deadlines: Miscellaneous Deadline of 10/31/2006 for filing of default judgment. (SLJ, ilcd)
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Filed: 10/17/2006, Entered: 10/17/2006 |
Order |
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TEXT ORDER entered by Judge David G. Bernthal on 10/17/06. In light of the recently e-filed Request for Entry of Default [4], the telephone status conference scheduled for 10/31/06 @ 9:45 a.m. is VACATED.(SLJ, ilcd)
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| 4 |
Filed: 10/17/2006, Entered: 10/17/2006, Terminated: 10/17/2006 |
Motion for Entry of Default |
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MOTION for Entry of Default by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund.Responses due by 10/31/2006 (Attachments: # (1) Exhibit A# (2) Exhibit A-1# (3) Exhibit A-2)(Moody, James)
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| 5 |
Filed: 10/17/2006, Entered: 10/17/2006 |
Order on Motion for Entry of Default |
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ORDER entered by Chief Judge Michael P. McCuskey on 10/17/06 granting [4] Motion for Entry of Default. Default is entered against Defendant Payne Electrical Contractors Inc. This cause of action is subject to dismissal for failure to prosecute unless, within fourteen days of the entry of this Order, Plaintiffs make application to this court for the entry of a default judgment against Defendant.(SLJ, ilcd)
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| 6 |
Filed: 10/25/2006, Entered: 10/25/2006, Terminated: 11/2/2006 |
Motion for Default Judgment |
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MOTION for Default Judgment as to by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund.Responses due by 11/8/2006 (Attachments: # (1) Exhibit A# (2) Notice of Filing)(Moody, James)
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Filed: 11/2/2006, Entered: 11/2/2006, Terminated: 11/3/2006 |
Set/Reset Deadlines |
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Set/Reset Deadlines: Miscellaneous Deadline 11/16/2006 for filing of Motion for Default Judgment (MT, ilcd)
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| 7 |
Filed: 11/2/2006, Entered: 11/2/2006, Terminated: 11/3/2006 |
Order on Motion for Default Judgment |
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ORDER entered by Judge Michael P. McCuskey on 11/2/06. (1) Plaintiffs' Request for Entry of Default [4] is GRANTED. Default is entered against Defendant, Payne Electrical Contractors, Inc. (2) This cause of action is subject to dismissal for failure to prosecute unless, within fourteen(14) days of the entry of this Order, Plaintiffs make application to this court for the entry of a default judgment against Defendant. (MT, ilcd)
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| -- |
Filed: 11/3/2006, Entered: 11/3/2006 |
Terminate Deadlines and Hearings |
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ORDER STRIKING/VACATING DOCUMENT: The [7] Order entered by Court on 11/2/2006 is a duplicate of the Court's [5] Order dated 10/17/06 and is therefore STRICKEN as being duplicative. (MB, ilcd)
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| 8 |
Filed: 11/3/2006, Entered: 11/3/2006 |
Order |
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ORDER entered by Judge Michael P. McCuskey on 11/3/06. (1) Plaintiffs' Motion for Default Judgment [6] is GRANTED. (2) Judgment is entered in favor of Plaintiffs and against Defendant as follows: (A) Defendant is ordered to pay contributions to the Pension Fund for the months of April and May 2004 and January 2005 through April 2006 in the amount of $10,701.63; (B) Defendant is ordered to pay to the Welfare Fund contributions for the months of July 2005 through April 2006 in the amount of $18,529.72; (C) Defendant is ordered to pay penalties and interest in the amount of $1,950.47; (D) Defendant is ordered to remit delinquent contribution reporting forms and applicable contributions to Plaintiffs for the months of May and June 2006; (E) Defendant is ordered to pay Plaintiffs their attorney fees and costs in the totalamount of $2,253.00. (3) This case is terminated.(MT, ilcd)
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| 9 |
Filed: 11/3/2006, Entered: 11/3/2006 |
Judgment |
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JUDGMENT in favor of the plaintiffs and against the defendant (MT, ilcd)
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| 10 |
Filed: 3/6/2007, Entered: 3/6/2007 |
Citation to Discover Assets |
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Citation to Discover Assets issued; returned to attorney(s) for service. Miscellaneous Hearing set for 4/20/2007 11:00 AM in Courtroom C before Magistrate Judge David G. Bernthal. (MT, ilcd)
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| 11 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Affidavit of Service |
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AFFIDAVIT of Service for Citation to Discover Assets served on Amy Payne on 03/12/2007, filed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Moody, James)
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Filed: 4/20/2007, Entered: 4/20/2007 |
Order |
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TEXT ORDER entered by Judge David G. Bernthal on 4/20/07. Atty Moody and Defendant Payne contacted this Court to report that Defendant Payne has a conflict with the citation hearing scheduled for 4/20/07 @ 11:00 a.m. and requested it be vacated and reset to a mutually agreeable date and time. Therefore, the citation hearing scheduled by personal appearance for 4/20/07 @ 11:00 a.m. is VACATED and RESET to 5/10/07 @ 1:30 p.m. by personal appearance, Courtroom C, U.S. Courthouse, 201 S. Vine Street, Urbana, Illinois. If Plaintiff wishes to have a court reporter present for said hearing, they must make those arrangements. (VB, ilcd)
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| -- |
Filed: 5/9/2007, Entered: 5/9/2007 |
Order |
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TEXT ORDER entered by Judge David G. Bernthal on 5/9/07. Atty Moody and Defendant Payne contacted this Court to report that Defendant Payne has a conflict with the citation hearing scheduled for 5/10/07 @ 1:30 p.m. and requested it be vacated and reset to a mutually agreeable date and time. Therefore, the citation hearing scheduled by personal appearance for 5/3/07 @ 1:30 p.m. is VACATED and RESET to 5/18/07 @ 1:30 p.m. by personal appearance, Courtroom C, U.S. Courthouse, 201 S. Vine Street, Urbana, Illinois. If Plaintiff wishes to have a court reporter present for said hearing, they must make those arrangements. The Clerk of Court relayed this information via phone to Defendant Payne this date. (MT, ilcd)
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| 12 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Notice of Appearance of Attorney |
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NOTICE of Appearance of Attorney by John A Wolters on behalf of all plaintiffs (Wolters, John)
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Filed: 5/18/2007, Entered: 5/18/2007, Terminated: 5/18/2007 |
Motion for Order to Show Cause |
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ORAL MOTION for Rule to Show Cause by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (VB, ilcd)
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Filed: 5/18/2007, Entered: 5/18/2007 |
Order on Motion for Order to Show Cause |
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Minute Entry for proceedings held 5/18/07 before Judge David G. Bernthal. Appearance of Attorney John Wolters for plaintiffs. No appearance by defendant Amy Payne. Miscellaneous Citation Hearing held. Oral Motion by plaintiffs for Rule to Show Cause. Motion is granted. (Court Reporter J S, Area Wide) (VB, ilcd)
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| 13 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Order to Show Cause |
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ORDER TO SHOW CAUSE entered by Judge David G. Bernthal on 5/22/07. Show Cause Hearing set for 6/5/2007 02:00 PM in Courtroom C before Magistrate Judge David G. Bernthal. See written order.(MT, ilcd)
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| 14 |
Filed: 6/1/2007, Entered: 6/1/2007 |
Affidavit of Service |
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AFFIDAVIT of Service for Order for Rule to Show Cause served on Amy Payne on 5/30/2007, filed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Moody, James)
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Filed: 6/5/2007, Entered: 6/5/2007 |
Order |
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TEXT ORDER entered by Judge David G. Bernthal on 6/5/07. Amy Payne reported she experienced car trouble en route to the 6/5/07 2:00 p.m. rule to show cause hearing and requested the hearing be continued. Atty Wolters did not object to the continuation. Therefore, the rule to show cause hearing scheduled by personal appearance for 2:00 p.m. on 6/5/07 is VACATED and RESET to 6/20/07 @ 1:30 p.m., Courtroom C, U.S. District Courthouse, 201 S. Vine Street, Urbana, Illinois. All other directives in this Court's 5/22/07 Order for Rule to Show Cause [13] remain in effect. The Clerk of Court is directed to send this order to Amy Payne, 6194 N. 100 E. Hartford City, IN 47348. Failure to appear could result in the issuance of a warrant for arrest.(MT, ilcd)
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Filed: 6/20/2007, Entered: 6/20/2007 |
Show Cause Hearing |
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Minute Entry for proceedings held 6/20/07 before Judge David G. Bernthal. Appearance of attorney John Wolters for plaintiff. Appearance by Amy Payne pursuant to Court order. Citation to Discover Assets hearing held. Amy Payne sworn; questioned by Attorney Wolters. Citation continued generally in progress. Ms. Payne is to supply plaintiff's counsel with documents as described in Schedule A within 30 days. Financial statements for the corporation from 2003-2006 and any quarterly statements for 2007 are to be included with documents described in Schedule A and provided to plaintiff's counsel by Ms. Payne. Matter may be reset pursuant to request of plaintiff's counsel. Cause called for Rule to Show Cause. Still under oath, Amy Payne questioned by Court as to her non-appearance on 5/22/07. Court satisfied with explanation and Rule to Show Cause is discharged without finding of contempt. Court advises Ms. Payne to appear at all future hearings. (cc: Amy Payne) (Tape #UR-C 1:35 PM.) (KM, ilcd)
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| 15 |
Filed: 8/1/2007, Entered: 8/1/2007 |
Status Report |
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STATUS REPORT by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Wolters, John)
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| 16 |
Filed: 8/7/2007, Entered: 8/7/2007 |
Order to Show Cause |
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ORDER TO SHOW CAUSE entered by Magistrate Judge David G. Bernthal on 8/7/07. It is ordered that AMY PAYNE is ordered to appear before this Court to show cause why she should not be held in contempt of court for her failure to abide by this court's 6/20/07 order. Show Cause Hearing set for 9/7/2007 03:30 PM in Courtroom C before Magistrate Judge David G. Bernthal. (MT, ilcd)
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| 17 |
Filed: 8/16/2007, Entered: 8/16/2007 |
Affidavit of Service |
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AFFIDAVIT of Service for Order for Rule to Show Cause served on Amy Payne on 08/14/2007, filed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Wolters, John)
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Filed: 9/7/2007, Entered: 9/7/2007, Terminated: 9/7/2007 |
Motion for Order |
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OLRAL MOTION for Writ of Body Attachment by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (MT, ilcd)
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Filed: 9/7/2007, Entered: 9/7/2007 |
Show Cause Hearing |
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Minute Entry for proceedings held before Magistrate Judge David G. Bernthal. Show Cause Hearing held on 9/7/2007. Appearance of plaintiff by John Wolters; failure of appearance of Amy Payne. Oral motion by plaintiff for writ of body attachment. Motion granted. Writ to issue. (Tape #UR-C 3:35 PM.) (MT, ilcd)
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Filed: 9/7/2007, Entered: 9/7/2007 |
Order on Motion |
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TEXT ORDER granting [] Motion for Order for Writ of Body Attachment entered by Magistrate Judge David G. Bernthal on 9/7/07. (MT, ilcd)
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Filed: 9/10/2007, Entered: 9/10/2007 |
Order |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/10/07. The Writ of Body Attachment [18] issued by this Court today's date is stayed until further order. Based upon representations from John Payne [Amy Payne's spouse], they will provide the requested documentation to Atty Wolters by the close of business on 9/11/07. Atty Wolters will review the documents and notify the Court if the items were timely produced and if they satisfy the request. John Payne's contact ph# is 765/728-5000.(MT, ilcd)
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| 18 |
Filed: 9/10/2007, Entered: 9/10/2007 |
Writ Issued |
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WRIT of of Body Attachment issued and forwarded to US Marshal (Peoria) for service. (MT, ilcd)
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Filed: 9/12/2007, Entered: 9/12/2007 |
Order |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/12/07. Atty Wolters reports that Defendants provided him with the paperwork requested and he requests that the Writ of Body Attachment [18] be stayed pending completion of the citation to discover assets hearing. The Court grants that request and the citation to discover assets hearing previously scheduled is rescheduled to 10/3/07 @ 2:30 p.m. before this Court. Defendants presence is commanded. The Clerk of Court is directed to mail a copy of this text order to Defendants. The Rule to Show Cause Hearing previously scheduled before Chief Judge Michael P. McCuskey for 10/5/07 @ 2:30 p.m. remains scheduled at this time.(MT, ilcd)
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Filed: 10/3/2007, Entered: 10/3/2007 |
Miscellaneous Hearing |
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Minute Entry for proceedings held before Magistrate Judge David G. Bernthal.Miscellaneous Hearing held on 10/3/2007. Appearance of plaintiff by John Wolters; appearance of Amy Payne pro se. Matter continued at Ms. Payne's request due to death of her cousin. Plaintiff has no objection, if a copy of death certificate is provided. Citation to Discover Assets Hearing reset for 10/24/2007 04:00 PM in Courtroom C before Magistrate Judge David G. Bernthal. Rule to Show Cause Hearing previously set for 10/5/07 is vacated. Ms. Payne is ordered to provide copy of death certificate to the Court. (Tape #UR-C 1:46 PM.) (MT, ilcd)
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| 19 |
Filed: 10/4/2007, Entered: 10/4/2007 |
Citation to Discover Assets |
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Citation to Discover Assets issued as to Citizens First State Bank; returned to plaintiff's attorney(s) for service. Citation to Discover Assets Hearing set for 11/8/2007 01:30 PM in Courtroom C before Magistrate Judge David G. Bernthal. (MT, ilcd) Modified on 10/4/2007 to as "as to Citizens First State Bank."(MT, ilcd).
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| 20 |
Filed: 10/4/2007, Entered: 10/4/2007 |
Citation to Discover Assets |
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Citation to Discover Assets issued as to First Merchants Bank; returned to plaintiff's attorney(s) for service. Miscellaneous Hearing set for 11/8/2007 01:30 PM in Courtroom C before Magistrate Judge David G. Bernthal. (MT, ilcd)
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| 21 |
Filed: 10/4/2007, Entered: 10/4/2007 |
Citation to Discover Assets |
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Citation to Discover Assets issued as to Star Financial Bank; returned to attorney(s) for service. Miscellaneous Hearing set for 11/8/2007 01:30 PM in Courtroom C before Magistrate Judge David G. Bernthal. (MT, ilcd)
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| 22 |
Filed: 10/19/2007, Entered: 10/19/2007 |
Return of Service Executed |
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Citation to Discover Assets Return of Service Executed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund as to Payne Electrical Contractors Inc. (MT, ilcd)
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Filed: 10/24/2007, Entered: 10/25/2007 |
Motion to Lift Stay |
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ORAL MOTION to Lift Stay on Writ of Body Attachment by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (MT, ilcd)
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Filed: 10/25/2007, Entered: 10/25/2007 |
Order on Motion to Lift Stay |
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Minute Entry for proceedings held before Magistrate Judge David G. Bernthal. Miscellaneous Hearing held on 10/25/2007. Cause called for citation hearing. Amy Payne not present. Status of case discussed. Oral motion by plaintiff to lift stay on writ of body attachment issued 9/10/07 and stayed 9/10/07. Stay is lifted and the US Marshals are directed to serve the writ. (MT, ilcd)
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Filed: 10/25/2007, Entered: 10/25/2007 |
Order |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 10/25/07. This Court entered a text order on 9/21/07 staying the Writ of Body Attachment [18] against Amy Payne. Due to Ms. Payne's failure to appear at the citation to discover assets hearing scheduled for 10/24/07 at 4:00 p.m., the stay is lifted. Because the original writ contains a date that has expired, an alias writ shall issue and the original is hereby quashed. The United States Marshal service is directed to serve the Alias Writ of Body Attachment entered this date. The Clerk of Court is directed to attach a copy of this text order to a copy of the Alias Writ and provide same to the United States Marshal for service.(MT, ilcd)
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Filed: 10/25/2007, Entered: 10/25/2007 |
Set/Reset Hearings |
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Set/Reset Hearings: If bond is posted on the Writ of Body Attachment, the Show Cause Hearing is set for 11/14/2007 09:30 AM in Courtroom A before Chief Judge Michael P. McCuskey. (MT, ilcd)
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Filed: 10/25/2007, Entered: 11/7/2007 |
Stay Lifted |
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Stay Lifted pursuant to Text Order entered 10/25/07. (MT, ilcd)
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| 23 |
Filed: 10/25/2007, Entered: 10/25/2007 |
Writ Issued |
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ALIAS WRIT of of Body Attachment issued and forwarded to US Marshal for service. (MT, ilcd) Modified on 10/26/2007 (MT, ilcd).
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| 24 |
Filed: 10/29/2007, Entered: 10/29/2007 |
Affidavit of Service |
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AFFIDAVIT of Service for Citation to Discover Assets served on First Merchants Bank on 10/19/2007, filed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Wolters, John)
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| 25 |
Filed: 10/29/2007, Entered: 10/29/2007 |
Affidavit of Service |
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AFFIDAVIT of Service for Citation to Discover Assets served on Star Financial Bank on 10/19/2007, filed by NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Wolters, John)
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| 26 |
Filed: 10/29/2007, Entered: 10/29/2007 |
Status Report |
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STATUS REPORT by NECA-IBEW Pension Trust Fund. (Attachments: # (1) Exhibit)(Wolters, John)
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Filed: 11/5/2007, Entered: 11/5/2007 |
Order |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 11/5/07. Per Atty Wolters' request, the third-party citation hearings scheduled for 11/8/07 at 1:30 p.m. are vacated and will be reset if required at a later time.(MT, ilcd)
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Filed: 11/7/2007, Entered: 11/7/2007 |
Order Striking/Vacating Document |
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TEXT ORDER VACATING TEXT ORDER entered by Magistrate Judge David G. Bernthal on 11/7/07. Based on information from the USM service that Amy Payne has already been served with the 10/25/07 Alias Writ of Body Attachment [23], this Court's 11/7/07 Text Order quashing that writ and vacating the 11/14/07 hearing is WITHDRAWN. Amy Payne is directed to appear before the Honorable Michael P. McCuskey, Chief U.S. District Judge, Courtroom A, U.S. District Courthouse, 201 S. Vine Street, Urbana, Illinois, at 9:30 a.m. on 11/14/07 for a Rule to Show Cause Hearing. The Clerk of Court is directed to provide a copy of this order to the USM service who is directed to give a copy to Amy Payne upon payment of the $3,000 bond - as ordered in the Alias Writ of Body Attachment. (MT, ilcd)
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Filed: 11/7/2007, Entered: 11/7/2007 |
Remark |
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Remark: Amy Payne paid the $3,000 bond on the Writ for Body Attachment on 11/7/07, Receipt U6064. (MT, ilcd)
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| 27 |
Filed: 11/7/2007, Entered: 11/7/2007, Terminated: 11/7/2007 |
Order |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 11/7/2007. The Alias Writ of Body Attachment [23] previously issued for Amy Payne is hereby quashed. The Court is uncertain regarding its authority to command the seizure of a citizen and resident of another district in connection with a civil matter. If Plaintiffs wish the Court to renew the attachment, they are directed to submit authority on this point. The Rule to Show Cause hearing scheduled for 11/14/07 @ 9:30 a.m. before the Honorable Michael P. McCuskey is VACATED. (VB, ilcd)
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Filed: 11/14/2007, Entered: 11/14/2007 |
Notice of Hearing |
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NOTICE OF HEARING: At the request of Amy Payne and by agreement with the Court, the hearing on the Rule to Show Cause set for 11/14/2007 at 9:30 AM is RESET to 11/15/2007 at 10:30 AM in Courtroom A before Chief Judge Michael P. McCuskey. (MB, ilcd)
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Filed: 11/15/2007, Entered: 11/15/2007 |
Show Cause Hearing |
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Minute Entry for proceedings held before Chief Judge Michael P. McCuskey. Show Cause Hearing held on 11/15/2007. Plaintiff appeared by attorney John Wolters via telephone. Defendant Amy Payne appeared personally. Status of case discussed. Plaintiff advised the Court the Minute Entry of 10/3/07 incorrectly stated Amy Payne was present in Court. She was NOT present for that hearing. Defendant Amy Payne advised the Court why she wasn't present for the hearing. Court finds Defendant Payne will not be held in contempt of court and discharges the Rule to Show Cause. Plaintiff advised the court Amy Payne has produced the documents he requested and orally moves for a hearing to question Ms. Payne under oath regarding these documents. This matter is set for Citation to Discover Asset hearing on 12/12/2007 @ 10:00 AM by personal appearance in Courtroom C before Magistrate Judge David G. Bernthal. Failure of Defendant Amy Payne to appear on 12/12/07, the bond she posted on 11/7/07 in the amount of $3000.00 will be forfeited and a writ of body attachment will be issued. (Court Reporter LC.) (SLJ, ilcd)
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Filed: 12/11/2007, Entered: 12/11/2007 |
Order on Motion to Continue |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 12/11/2007. After considering Defendant's motion [28] to reset the 12/12/07 citation hearing and Plaintiff's response thereto stating no objection, the motion [28] is GRANTED. The citation to discover assets hearing previously scheduled for 12/12/07 @ 10:00 a.m. is VACATED and RESET to 1/4/08 @ 1:30 p.m. (VB, ilcd)
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| 28 |
Filed: 12/11/2007, Entered: 12/11/2007, Terminated: 12/11/2007 |
Motion to Continue |
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MOTION to Continue hearing by Miscellaneous Party Amy Payne. Responses due by 12/28/2007 (SLJ, ilcd)
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| 29 |
Filed: 12/11/2007, Entered: 12/11/2007 |
Response to Motion |
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RESPONSE to Motion re [28] MOTION to Continue filed by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. (Wolters, John)
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| 30 |
Filed: 12/19/2007, Entered: 12/19/2007 |
Return of Service Executed |
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Return of Service Executed on 11/7/07 re Alias Writ of Body Attachment as to Amy Payne. (MT, ilcd)
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Filed: 1/4/2008, Entered: 1/4/2008 |
Miscellaneous Hearing |
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Minute Entry for proceedings held before Magistrate Judge David G. Bernthal. Miscellaneous Hearing held on 1/4/2008. Appearance of plaintiff by John Wolters; appearance of miscellaneous party Amy Payne personally and pro se. Amy Payne sworn; testimony heard. Request by plaintiff for a general continuance granted. Ms. Payne instructed to appear at any future scheduled hearings and to provide additional documents as discussed. (Court Reporter Area Wide (JF).) (MT, ilcd)
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| 31 |
Filed: 2/14/2008, Entered: 2/14/2008, Terminated: 3/13/2008 |
Motion for Release of Funds |
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MOTION for Release of Funds by Plaintiffs NECA-IBEW Welfare Trust Fund, NECA-IBEW Pension Trust Fund. Responses due by 3/3/2008 (Wolters, John)
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| 32 |
Filed: 2/28/2008, Entered: 2/28/2008, Terminated: 5/2/2008 |
Motion for Order |
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MOTION to Release Cash Bond by Miscellaneous Party Amy Payne. Responses due by 3/17/2008 (MT, ilcd)
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| 33 |
Filed: 2/28/2008, Entered: 2/28/2008 |
Response to Motion |
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RESPONSE to Motion re [31] MOTION for Release of Funds filed by Miscellaneous Party Amy Payne. (MT, ilcd)
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| 34 |
Filed: 3/13/2008, Entered: 3/13/2008 |
Order on Motion for Release of Funds |
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ORDER entered by Magistrate Judge David G. Bernthal on 3/13/08. Accordingly, Plaintiffs Motion to Turnover Assets [31] is DENIED. See written Order. (VB, ilcd)
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| 35 |
Filed: 3/13/2008, Entered: 3/13/2008 |
Order on Motion |
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ORDER entered by Magistrate Judge David G. Bernthal on 3/13/08. Accordingly, Ms. Payne is directed to supplement her motion with authority from the bankruptcy court confirming the proper payee. The motion [32] will be under advisement until proper authority is received. See written Order. (VB, ilcd)
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| 36 |
Filed: 3/28/2008, Entered: 3/28/2008 |
Memorandum in Support of Motion |
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MEMORANDUM in Support of Payment of Bond to Amy Payne filed by Miscellaneous Party Amy Payne. (MT, ilcd)
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| 37 |
Filed: 5/2/2008, Entered: 5/2/2008 |
Order on Motion |
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ORDER entered by Magistrate Judge David G. Bernthal on 5/2/08. The Motion to Release Cash Bond [32] is GRANTED. The Clerk of the Court is directed to return to Amy Payne, 6194 N. 100 E. Hartford City, IN 47348, the Three Thousand Dollar ($3,000) cash bond which she previously posted with the Clerk of the Court, minus any fee to the Clerk of Court authorized by the Judicial Conference. The Clerk of Court is directed to send a copy of this Order to Paul R. Chael United States Bankruptcy Court. (SLJ, ilcd)
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Filed: 5/30/2008, Entered: 5/30/2008 |
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Remark: As per order of Judge Bernthal on 5/2/08 the following disbursement was made from the Court's registry to release cash bond posted to:Amy Payne, 6194 N 100 E., Hartford City, IN 47348. Ck#188015 dated 5/30/08 sent via certified mail. (KM, ilcd)
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