STATUS REPORT by Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund. (Moody, James)
TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiffs' Status Report [23] reviewed. Supplemental status report due 10/1/2008. (LB, ilcd)
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Filed: 8/5/2008, Entered: 8/5/2008
Order
TEXT ORDER by Magistrate Judge Byron G. Cudmore: Counsel for Plaintiffs directed to file written status report, or otherwise proceed, on or before 8/20/2008. (LB, ilcd)
ORDER TO PRODUCE RECORDS: Meier Accounting and Tax Services is hereby ordered to produce to Cavanagh & OHara upon receipt of this order all payroll and tax records for 2003, 2004 and 2005 for MARK GATES d/b/a GATES CONSTRUCTION COMPANY. Entered by Judge Jeanne E. Scott on 11/19/07. (ME, ilcd)
MINUTE ENTRY: This matter came before the Court for hearing on an Order to Show Cause. Plaintiffs were present by attorney James P. Moody. Defendant Mark Gates was present in person, pro se, in custody. Defendant agreed to turn over payroll and tax records for 2003, 2004, 2005, and 2006. Defendant indicated that bookkeeper Dale Myers, Pulaski St., Lincoln, Illinois was in possession of records for 2003, 2004, and 2005. Defendant stated that he would retrieve the records from Myers and bring them to Plaintiffs' counsel. Defendant also agreed to sign a release form to allow Plaintiffs to receive records from the relevant tax years from the IRS and to direct Myers to release the records in his possession to Plaintiffs. Written order to follow. Defendant was ordered to provide the records to attorney Moody on or before November 20, 2007. Contempt purged/warrant discharged. (cc: all counsel, pro se Defendant Gates) (Court Reporter KS.) (CT, ilcd)
20
Filed: 9/11/2007, Entered: 9/11/2007
Warrant Issued
+++ WARRANT of Arrest Warrant issued as to Mark Gates (sealed). (CT, ilcd)
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Filed: 9/10/2007, Entered: 9/11/2007
Terminate Deadlines and Hearings
Minute Entry for proceedings held before Judge Jeanne E. Scott: SHOW CAUSE HEARING. Plaintiffs represented by their attorney, James P. Moody. Defendant did not show. Court advised that defendant had been served. Bench warrant ordered issued for defendant Mark Gates. Hearing adjourned. (Court Reporter Capitol Reporting, SF.) (CT, ilcd)
AFFIDAVIT of Service for Order for Rule to Show Cause Unexecuted, attempts made shown, filed by Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund. (Moody, James)
ORDER FOR RULE TO SHOW CAUSE. Show Cause Hearing set for 9/10/2007 at 9:00 AM before Judge Jeanne E. Scott. Entered by Judge Jeanne E. Scott on 7/13/07. (CC, ilcd)
TEXT ORDER: The Court has been informed that Plaintiffs have been unable to personally serve Defendant with a copy this Court's Order to Show Cause (d/e 17). Therefore, the Show Cause Hearing set for July 16, 2007 at 11:30 a.m. is canceled and reset for 9:00 a.m. on September 10, 2007. A new Order for Rule to Show shall issue and Plaintiffs are directed to personally serve Defendant with a copy of the Order for Rule to Show Cause. Entered by Judge Jeanne E. Scott on 7/13/07. (CC, ilcd)
ORDER TO SHOW CAUSEShow Cause Hearing set for 7/16/2007 11:30 AM in Courtroom 1 before Judge Jeanne E. Scott. Entered by Judge Jeanne E. Scott on 5/31/2007. (CT, ilcd)
TEXT ORDER: This matter is before the Court on Plaintiffs' Petition for Rule to Show Cause (d/e 16). By Text Order, dated April 16, 2007, this Court ordered Defendant to supply Plaintiffs' counsel with records for 2003, 2004, 2005, and 2006 on or before May 4, 2007. The Petition represents that Defendant has failed to do so. THEREFORE, the Petition for Rule to Show Cause (d/e 16) is ALLOWED, and an Order for Rule to Show Cause shall issue. A hearing on the Rule is scheduled for July 16, 2007, at 11:30 a.m. Plaintiffs are directed to personally serve Defendant with a copy of the Order for Rule to Show Cause. Entered by Judge Jeanne E. Scott on 5/31/2007. (CT, ilcd)
MOTION for Order to Show Cause by Plaintiffs Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund.Responses due by 6/18/2007 (Moody, James)
TEXT ORDER: This matter is before the Court on Defendant's Motion for Continuance of Time (d/e 14). Defendant seeks an extension of time until May 4, 2007, to supply Plaintiffs' counsel with records based on a family illness of Defendant's bookkeeper and delays with Defendant's accountant. Plaintiffs have no objection. Plaintiffs' Response to Motion for Continuance of Time (d/e 15). THEREFORE, Defendant's Motion for Continuance of Time (d/e 14) is ALLOWED. The deadlines set out in this Court's March 3, 2007, Text Order are extended as follows: Defendant is ordered to supply Plaintiffs' counsel with records for 2003, 2004, 2005, and 2006 on or before May 4, 2007. Plaintiffs are directed to provide Defendant with the amount alleged to be owed on or before July 5, 2007. Defendant should file any objection to the proposed amount with the Court on or before August 6, 2007. Entered by Judge Jeanne E. Scott on 4/13/2007. (cc: all counsel, pro se Defendant Gates, PO Box 161 Lincoln, IL 62656) Entered by Judge Jeanne E. Scott on 4/13/2007. (CT, ilcd)
RESPONSE to Motion re [14] MOTION for Extension of Time to Complete Discovery filed by Plaintiffs Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund. (Moody, James)
TEXT ORDER: This matter is before the Court on Defendant's Motion for Extension of Time (d/e 12). Defendant seeks a thirty-day extension of time to supply Plaintiffs' counsel with records based on a family illness of Defendant's bookkeeper. Plaintiffs have no objection. Response (d/e 13). THEREFORE, Defendant's Motion for Extension of Time (d/e 12) is ALLOWED. The deadlines set out by this Court on January 22, 2007, are extended as follows: Defendant is ordered to supply Plaintiffs' counsel with records for 2003, 2004, 2005, and 2006 on or before April 2, 2007. Plaintiffs are directed to provide Defendant with the amount alleged to be owed on or before June 4, 2007. Defendant should file any objection to the proposed amount with the Court on or before July 5, 2007. Entered by Judge Jeanne E. Scott on 2/7/2006. (CT, ilcd)
RESPONSE to Motion re [12] MOTION for Extension of Time to File filed by Plaintiffs Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund. (Moody, James)
MINUTE ENTRY: This matter came before the Court for hearing on an Order to Show Cause. Plaintiffs were present by Attorney James P. Moody. Defendant Mark Gates was present, in person, pro se. Defendant explained that he is in the midst of a divorce and has a new mailing address, P.O. Box 161, Lincoln, Illinois 62656. As a result, Defendant has not been receiving filings in this case. The Court found that Defendant was not in contempt, and the Rule to Show Cause was DISCHARGED. Defendant is ordered to supply Plaintiffs' attorney with records for 2005 and 2006 on or before February 10, 2007, and records for 2003 and 2004 on or before February 28, 2007. Plaintiffs' counsel requested 60 days from receipt of the records to calculate the amount alleged to be owed and to provide Defendant with a figure. This should be done on or before April 30, 2007. Defendant should file any objection to the amount with the Court on or before June 1, 2007. (Court Reporter K. Sullivan.) (CT, ilcd)
AFFIDAVIT of Service for Order for Rule to Show Cause served on Mark Gates on 01/12/2007, filed by Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund. (Moody, James)
ORDER TO SHOW CAUSEShow Cause Hearing set for 1/22/2007 09:00 AM in Courtroom 1 before Judge Jeanne E. Scott. Entered by Judge Jeanne E. Scott on 12/4/2006. (CT, ilcd)
MOTION for Order to Show Cause by Plaintiffs Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund.Responses due by 11/27/2006 (Moody, James)
MOTION for Default Judgment as to by Plaintiffs Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund.Responses due by 9/29/2006 (Attachments: # (1) Exhibit A# (2) Notice of Filing)(Moody, James)
ENTRY OF DEFAULT as to Defendant Mark Gates d/b/a Gates Construction Company. See written Order of Default signed by Judge Byron G. Cudmore on 9/12/06. (LB, ilcd)
MOTION for Entry of Default by Plaintiffs Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund.Responses due by 9/26/2006 (Attachments: # (1) Affidavit Support Motion for Default Judgment# (2) Exhibit A# (3) Errata B)(Moody, James)
SUMMONS Returned Executed by Northern Illinois Laborers' Annuity Fund, Northern Illinois and Iowa Laborers' Health and Welfare Trust, North Central Illinois Laborers' District Council, Southern Illinois Laborers' District Council, Central Illinois Builders Industry Advancement Fund, Central Illinois Laborers' District Council, West Central Illinois Building & Construction Trades Council, Tri-County Construction-Labor Management Council, Laborers' of Illinois Vacation Fund, Southern Illinois Laborers' and Employer' Health, Welfare and Annuity Fund, Central Laborers' Pension Fund, Southwestern Illinois Laborers' Annuity Fund, Laborers'-Employers' Cooperative Education Trust (LECET), Laborers' Political League, Foundation for Fair Contracting, Laborers' Local #477, Laborers' Local #538, Laborers' Local #703, Central Laborers' Welfare Fund, Central Laborers' Annuity Fund, Illinois Laborers' Training Trust Fund. Mark Gates served on 8/3/2006, answer due 8/23/2006. (Moody, James)
OPINION: The Plaintiffs' Motion for Default Judgment or, in the Alternative, Motion for an Accounting/Evidentiary Hearing 7 is ALLOWED in part. Entered by Judge Jeanne E. Scott on 10/17/06.(MR, ilcd)
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