Name: BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE et al v. MASTRO MASONRY CONTRACTORS et al :: Pennsylvania Eastern District Court :: Federal Civil Lawsuit No. 2:02-cv-04079-JKG
Creator: Pennsylvania Eastern District Court
Published: 2002-06-26
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Pennsylvania Eastern District Court

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29	Filed: 2/24/2004, Entered: 2/24/2004	Order Dismissing Case - 41(b)
	ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b)SIGNED BY JUDGE JAMES KNOLL GARDNER ON 2/23/04. 2/24/04 ENTERED AND COPIES MAILED.(er, )


28	Filed: 2/24/2004, Entered: 2/24/2004, Terminated: 2/24/2004	Order
	ORDER THAT THE COUNTERCLAIM IS DISMISSED WITHOUT PREJUDICE, WITHOUT COSTS. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 2/23/04. 2/24/04 ENTERED AND COPIES MAILED.(er, )


27	Filed: 2/23/2004, Entered: 2/23/2004, Terminated: 2/24/2004	Praecipe/Request
	Order to Settle, Discontinue, and End with respect to DEFENDANTS ERNEST BOCK AND SONS, AND XL SPECIALTY INSURANCE CO. ONLT by PLAINTIFFS BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND. (jpd).


26	Filed: 1/22/2004, Entered: 1/22/2004, Terminated: 2/24/2004	Order
	ORDER THAT EXCEPT AS OTHERWISE PROVIDED BELOW, ALL DISCOVERY SHALL BE COMPLETED BY 2/27/04, ETC. IT IS FURTHER ORDERED THAT A NON-JURY TRIAL OF THE WITHIN CASE SHALL COMMENCE BEFORE THE UNDERSIGNED ON 6/21/04 AT 9:30 A.M. IN COURTROOM 4B, U.S. COURTHOUSE, ALLENTOWN, PA, ETC. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/16/04. 1/22/04 ENTERED AND COPIES MAILED.(er, )


25	Filed: 10/24/2003, Entered: 10/24/2003, Terminated: 2/24/2004	Default -Judgment
	IT IS ORDERED THAT THE MOTION FOR DEFAULT JUDGMENT FILED BY PLAINTIFFS ON 9/4/02, AND THE AMENDED MOTION FOR DEFAULT JUDGMENT FILED BY PLAINTIFFS ON 10/16/03 ARE GRANTED. IT IS ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS AND AGAINST DEFENDANTS IN THE AMOUNT OF $164,805.02 PLUS POST-JUDGMENT INTEREST PURSUANT TO 28 U.S.C. 1961. IT IS FURTHER ORDERED THAT PLAINTIFFS SHALL HAVE UNTIL ON OR BEFORE 12/1/03 TO FILE A MOTION FOR SUCH ADDITIONAL RELIEF AS DETERMINED BY THE AFORESAID BOOKS AND PAYROLL RECORDS AUDIT. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 10/22/03. 10/24/03 ENTERED AND COPIES MAILED AND FAXED.(ky, )


24	Filed: 10/21/2003, Entered: 10/22/2003	Affidavit
	AFFIDAVIT by Claiborne S. Newlin, Esquire, one of the attorneys for BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND RE: Attorneys fees related to Motion for Default Judgment, Certificate of Service. (cdd, )


23	Filed: 10/20/2003, Entered: 10/20/2003, Terminated: 2/24/2004	Bench Trial Completed
	Minute Entry for proceedings held before Judge JAMES KNOLL GARDNER re: Bench Trial completed on 10/20/03. Opening remarks, arguments on motion, 1 witness called, COURT takes matter under advisement. Court Reporter: E.S.R. (ky, )


22	Filed: 10/16/2003, Entered: 10/17/2003	Motion for Default Judgment
	AMENDED MOTION FOR DEFAULT JUDGMENT AGAINST MASTRO MASONRY CONTRACTORS and JOSEPH RUSSOFILED BY BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND,AMENDED CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(afm, )


21	Filed: 10/14/2003, Entered: 10/15/2003	Proposed Findings of Fact
	Proposed Findings of Fact and Conclusions of Law by BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND, SUMMARY, CERTIFICATE OF SERVICE. (Attachments: # (1) SUMMARY)(afm, ) Attachment 2


20	Filed: 10/10/2003, Entered: 10/14/2003	Trial Brief
	TRIAL BRIEF by BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND, CERTIFICATE OF SERVICE. (afm, )


19	Filed: 10/9/2003, Entered: 10/10/2003	Order on Motion to Amend/Correct
	ORDER THAT THE MOTION TO REVISE NON JURY ATTACHMENT ORDERED IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL 10/10/03 TO FILE PLAINTIFF'S TRIAL MEMORANDUM. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL 10/13/03 TO FILE THE PARTIES AGREED UPON FINDINGS OF FACT AND CONCLUSION OF LAW. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL 10/14/03 TO FILE ITS SUMMARY OF CONTENTIONS OF FACT AND THEORIES OF LIABILITY AND DAMAGES. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 10/8/03.10/10/03 ENTERED AND COPIES MAILED.(er, )


18	Filed: 10/8/2003, Entered: 10/9/2003	Motion to Amend/Correct
	MOTION TO REVISE NON JURY ATTACHMENT ORDER FILED BY BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND,CERTIFICATE OF SERVICE.(afm, )


17	Filed: 9/30/2003, Entered: 10/1/2003	Order
	ORDER THAT A NON-JURY TRIAL ON ALL CLAIMS NOT DISPOSED OF AT THE NON-JURY TRIAL SCHEDULED FOR OCTOBER 20, 2003 SHALL COMMENCE BEFORE JUDGE GARDNER ON 6/21/04 AT 9:30 A.M. IN COURT. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/30/03. 10/1/03 ENTERED AND COPIES MAILED.(ky, )


16	Filed: 9/30/2003, Entered: 10/1/2003	Order
	ORDER THAT A NON-JURY TRIAL ON DAMAGES ONLY ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST MASTRO MASONRY AND JOSEPH RUSSO SHALL COMMENCE ON 10/20/03 AT 8:30 A.M. IN COURT BEFORE THE HONORABLE JAMES KNOLL GARDNER.SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/30/03. 10/1/03 ENTERED AND COPIES MAILED.(ky, )


15	Filed: 9/30/2003, Entered: 10/1/2003	Order
	ORDER THAT ORAL ARGUMENT ON ALL MOTIONS FOR SUMMARY JUDGMENT IS SCHEDULED FOR 5/18/2004 AT 9:30 A.M. IN COURT BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/30/03. 10/1/03 ENTERED AND COPIES MAILED.(ky, )


14	Filed: 8/29/2003, Entered: 9/2/2003	Order
	ORDER THAT A RULE 16 CONFERENCE BY TELEPHONE CONFERENCE CALL IS SCHEDULED ON 9/16/03 AT 8:45 A.M. WITH JUDGE JAMES KNOLL GARDNER, ETC. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 8/29/03. 9/2/03 ENTERED AND COPIES MAILED.(er, )


13	Filed: 12/30/2002, Entered: 12/30/2002, Terminated: 2/24/2004	Affidavit
	AFFIDAVIT by BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND for Entry of Default. (afm, )


12	Filed: 12/20/2002, Entered: 12/20/2002, Terminated: 2/24/2004	Order Reassigning Case
	ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE R. BARCLAY SURRICK TO JUDGE JAMES KNOLL GARDNER FOR ALL FURTHER PROCEEDINGS. SIGNED BY JUDGE MICHAEL E. KUNZ ON 12/20/02. 12/20/02 ENTERED AND COPIES MAILED.(afm, ) Additional attachment(s) added on 12/27/2002 (td, ).


11	Filed: 9/5/2002, Entered: 9/5/2002, Terminated: 2/24/2004	Affidavit
	AFFIDAVIT in support of MOTION FOR DEFAULT JUDGMENT. (afm, )


10	Filed: 9/4/2002, Entered: 9/5/2002	Motion for Default Judgment
	MOTION FOR DEFAULT JUDGMENT AGAINST MASTRO MASONRY AND JOSEPH RUSSOFILED BY BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND, AFFIDAVIT, CERTIFICATION OF COUNSEL, CERTIFICATE OF SERVICE. (afm, )


9	Filed: 9/4/2002, Entered: 9/5/2002	request for default
	Request for Default by BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND, TILE LAYERS LOCAL 6 ANNUITY FUND, TILE LAYERS LOCAL 6 VACATION FUND, TMT TILE FINISHERS LOCAL 32 ANNUITY FUND, TMT TILE FINISHERS LOCAL 32 VACATION FUND against MASTRO MASONRY CONTRACTORS, JOSEPH RUSSO. (afm, )


--	Filed: 9/4/2002, Entered: 9/5/2002	Default Entered
	Default Entered (afm, )


--	Filed: 9/4/2002, Entered: 9/5/2002	Clerks Entry of Default*
	DEFAULT BY MASTRO MASONRY CONTRACTORS, JOSEPH RUSSO FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (afm, )


8	Filed: 8/8/2002, Entered: 8/8/2002, Terminated: 10/24/2003	Crossclaim
	CROSSCLAIM against MASTRO MASONRY CONTRACTORS [dft] , filed by ERNEST BOCK AND SONS, INC. [dft].(afm, )


7	Filed: 8/1/2002, Entered: 8/2/2002	Summons Returned Executed
	SUMMONS Returned Executed as to XL SPECIALTY INSURANCE COMPANY [dft] served by personal service on 7/10/2002, answer due 7/30/2002. (afm, )


6	Filed: 8/1/2002, Entered: 8/2/2002	Summons Returned Executed
	SUMMONS Returned Executed as to ERNEST BOCK AND SONS, INC. [dft] served by personal service on 7/10/2002, answer due 7/30/2002. (afm, )


5	Filed: 8/1/2002, Entered: 8/2/2002	Summons Returned Executed
	SUMMONS Returned Executed as to MASTRO MASONRY CONTRACTORS [dft] served by personal service on 7/29/2002, answer due 8/19/2002. (afm, )


4	Filed: 8/1/2002, Entered: 8/2/2002	Summons Returned Executed
	SUMMONS Returned Executed as to JOSEPH RUSSO [dft] served by personal service on 7/29/2002, answer due 8/19/2002. (afm, )


3	Filed: 7/30/2002, Entered: 7/30/2002, Terminated: 2/24/2004	Answer
	ANSWER and Affirmative Defenses to Complaint by ERNEST BOCK AND SONS, INC. [dft], XL SPECIALTY INSURANCE COMPANY [dft], Certificate of Service.(rv, )


--	Filed: 7/30/2002, Entered: 7/30/2002, Terminated: 2/24/2004	Issue Joined
	Issue Joined (rv, )


2	Filed: 7/22/2002, Entered: 7/22/2002, Terminated: 2/24/2004	Notice of Appearance
	NOTICE of Appearance by THOMAS M. GUINAN [] on behalf of ERNEST BOCK AND SONS, INC. [dft], XL SPECIALTY INSURANCE COMPANY [dft] (afm, )


1	Filed: 6/26/2002, Entered: 6/26/2002, Terminated: 10/24/2003	Complaint
	COMPLAINT against ERNEST BOCK AND SONS, INC. [dft], MASTRO MASONRY CONTRACTORS [dft], JOSEPH RUSSO [dft], XL SPECIALTY INSURANCE COMPANY [dft] ( Filing fee $ 150 receipt number 794545.), filed by BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE [pla], BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH AND WELFARE FUND [pla], BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENTICESHIP AND TRAINING FUND [pla], TILE LAYERS LOCAL 6 ANNUITY FUND [pla], TILE LAYERS LOCAL 6 VACATION FUND [pla], TMT TILE FINISHERS LOCAL 32 ANNUITY FUND [pla], TMT TILE FINISHERS LOCAL 32 VACATION FUND [pla].(aam, )


--	Filed: 6/26/2002, Entered: 6/26/2002, Terminated: 2/24/2004	Summons Issued
	Summons Issued as to ERNEST BOCK AND SONS, INC. [dft], MASTRO MASONRY CONTRACTORS [dft], JOSEPH RUSSO [dft], XL SPECIALTY INSURANCE COMPANY [dft]., 4 mailed to Counsel 6/26/02. (aam, )