ITPE Pension Trust, et al v. Heritage Services

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:03-cv-00387-TSE
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Parties
No Logo Anthony Shepherd, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Arthur McZier, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Dennis Arrington, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Elwood Hampton, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Fred Smith, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Generic Trading of Philadelphia, LLC, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Harold E. Gelber, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo ITPE Health and Welfare Trust, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo ITPE Pension Trust, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo J.P. Holloman, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Jay Lipscomb, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Jerry Bowden, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Jerry M. Bowden, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo John Brenton, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo John Conley, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo John F. Conley, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Johnny Voudouris, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Mary Williams, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Merl Dickerson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Rene Lioeanjie, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Richard B. Rowe, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Sidney Kalban, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo Theatla Jones, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
No Logo William Spenser, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard W. Gibson +1 618 251 3300 +1 618 251 3358 rwgibsonlaw@yahoo.com
v.
No Logo Heritage Services, Inc., Defendant
Attributes
Office Alexandria
Filed 3/28/2003
Jury Demand None
Demand $107000
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Judgment - Judgment on Default
County Out of State
Terminated 11/18/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
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Blank 14 Filed: 11/18/2003, Entered: 11/19/2003 Judgment*
JUDGMENT for ITPE Health against Heritage Services in the amount of $119,819.70 and for ITPE Pension Trust against Heritage Services in the amount of $52,572.54. Defendant, its officers, agents, servants, employees, attorneys, and all persons acting on its behalf or in conjunction with it are RESTRAINED and ENJOINED from refusing to file complete, proper and timely remittance reports with accompanying contributions for all periods for which dft is obligated to do so under its current and future collective bargaining agreements. Pursuant to FRCP 58 - entered and filed by the Clerk. Copies Mailed: Yes [EOD DATE: 11/19/03] (kjon)
LREF
Blank 13 Filed: 11/18/2003, Entered: 11/19/2003 OrderCourt Filing
JUDGMENT ORDER, that the Court adopts as its own the findings of fact and recommendation of the US Magistrate Judge, as set forth in the 10/28/03 Report and Recommendation. Accordingly, it is hereby ORDERED that judgment is ENTERED by default in favor of pltf ITPE and Welfare Trust and againist dft in the amount of $119,819.70 and in favor of pltf ITPE Pension Trust and against dft in the amount of $52,572.54. It is further ORDERED that dft, its officers, agents, servants, employees, attorneys, and all persons acting on behalf or in conjunction with it are RESTRAINED and ENJOINED from refusing to file complete, proper, and timely remittance reports with accompanying contributions for all periods for which dft is obligated to do so under its current and future collectiv bargaining agreements. (see order for details) ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD Date: 11/19/03] (kjon)
LREF
Blank -- Filed: 11/18/2003, Entered: 11/19/2003 Docket Annotation
All pleadings accounted for and in order (kjon)
LREF
Blank -- Filed: 11/18/2003, Entered: 11/19/2003 Terminated Case
Case closed (kjon)
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Blank 12 Filed: 10/28/2003, Entered: 10/28/2003 OrderCourt Filing
REPORT AND RECOMMENDATIONS of Magistrate Judge Thomas R. Jones Jr. Case no longer referred to Objections to R and R due by 11/12/03 Copies Mailed: Yes (file sent to TSE) (kjon)
LREF
Blank 11 Filed: 10/7/2003, Entered: 10/9/2003 Affidavit
AFFIDAVIT of Richard Gibson Re: entry of default (kjon)
LREF
Blank -- Filed: 9/22/2003, Entered: 9/22/2003 Minutes-Miscellaneous
Minute entry: Mag. Judge Jones. FTR. Appearance of counsel for pltf. Matter called, and pltf adduced evidence, and court to enter R&R. (dana)
LREF
Blank 10 Filed: 6/30/2003, Entered: 6/30/2003 OrderCourt Filing
ORDER that [9-1] motion by plaintiffs for continuance or postponement of ex parte hearing on damages scheduled for 7/3/03 is continued to Monday, September 22, 2003 at 2pm. ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes [EOD Date: 6/30/03] (clerk) Modified on 07/07/2003
LREF
Blank -- Filed: 6/30/2003, Entered: 6/30/2003 Set/Reset Deadlines:
Deadline updated; reset Default Hearing for 2:00 9/22/03 (clerk)
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Blank 9 Filed: 6/25/2003, Entered: 6/26/2003 Motion to Continue
MOTION by plaintiffs for continuance or postponement of ex parte hearing on damages scheduled for 7/3/03 (kjon)
LREF
Blank 8 Filed: 6/19/2003, Entered: 6/19/2003 Affidavit
AMENDED AFFIDAVIT of Richard W. Gibson Re: [5-1] motion by plaintiffs ITPE Pension Trust, and Jerry Bowden, John Conley, Jay Libpscomb, John Brenton, Harold E. Gelber, Rene Lioeanjie, Fred Smith, Mary Williams, Richard B. Rowe, Elwood Hampton, Arthur McZier, and Sidney Kalban as trustees of the ITPE Pension Trust and ITPE Health and Welfare Trust and Harold E. Gelber, John F. Conley, Johnny Voudouris, Rene Lioeanjie, Jerry M.Bowden, J.P. Holloman, Merl Dickerson, Fred Smith, Anthony Shepheard, John Brenton, Theatla Jones, Mary Williams, Dennis Arrington and Elwood Hampton as trustees of the ITPE and Welfare Trust for Entry of Default as to Heritage Services (kjon) Modified on 06/25/2003
LREF
Blank 7 Filed: 6/9/2003, Entered: 6/25/2003 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to Heritage Services granting [5-1] motion by plaintiffs ITPE Pension Trust, and Jerry Bowden, John Conley, Jay Libpscomb, John Brenton, Harold E. Gelber, Rene Lioeanjie, Fred Smith, Mary Williams, Richard B. Rowe, Elwood Hampton, Arthur McZier, and Sidney Kalban as trustees of the ITPE Pension Trust and ITPE Health and Welfare Trust and Harold E. Gelber, John F. Conley, Johnny Voudouris, Rene Lioeanjie, Jerry M.Bowden, J.P. Holloman, Merl Dickerson, Fred Smith, Anthony Shepheard, John Brenton, Theatla Jones, Mary Williams, Dennis Arrington and Elwood Hampton as trustees of the ITPE and Welfare Trust for Entry of Default as to Heritage Services in accordance with Rule 55 of the FRCP (clerk)
LREF
Blank 6 Filed: 6/6/2003, Entered: 6/9/2003 Affidavit
AFFIDAVIT by Richard W. Gibson, Esq. in Support [5-1] motion by plaintiffs ITPE Pension Trust, and Jerry Bowden, John Conley, Jay Libpscomb, John Brenton, Harold E. Gelber, Rene Lioeanjie, Fred Smith, Mary Williams, Richard B. Rowe, Elwood Hampton, Arthur McZier, and Sidney Kalban as of the ITPE Pension Trust and ITPE Health and Welfare Trust and Harold E. Gelber, John F. Conley, Johnny Voudouris, Lioeanjie, Jerry M. Bowden, J.P. Holloman, Merl Dickerson, Fred Smith, Anthony John Brenton, Theatla Jones, Mary Williams, Dennis and Elwood Hampton as trustees of the ITPE and Welfare for Entry of Default as to Heritage Services (clerk) Modified on 06/25/2003
LREF
Blank 5 Filed: 6/6/2003, Entered: 6/9/2003 Request for Entry of Default
MOTION by plaintiffs ITPE Pension Trust, and Jerry Bowden, John Conley, Jay Libpscomb, John Brenton, Harold E. Gelber, Rene Lioeanjie, Fred Smith, Mary Williams, Richard B. Rowe, Elwood Hampton, Arthur McZier, and Sidney Kalban as trustees of the ITPE Pension Trust and ITPE Health and Welfare Trust and Harold E. Gelber, John F. Conley, Johnny Voudouris, Rene Lioeanjie, Jerry M.Bowden, J.P. Holloman, Merl Dickerson, Fred Smith, Anthony Shepheard, John Brenton, Theatla Jones, Mary Williams, Dennis Arrington and Elwood Hampton as trustees of the ITPE and Welfare Trust for Entry of Default as to Heritage Services (clerk) Modified on 06/25/2003
LREF
Blank 4 Filed: 5/29/2003, Entered: 6/2/2003 OrderCourt Filing
ORDER, that this case is scheduled for an ex parte proof of damages hearing set for 10:00 7/3/03 (See order for details) ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 6/2/03] (clerk) Modified on 06/25/2003
LREF
Blank 3 Filed: 5/16/2003, Entered: 6/25/2003 Affidavit
AFFIDAVIT of Richard W. Gibson Re: Clerk's Entry of Default (atty called - no request for entry of default filed) (stas) Modified on 06/25/2003
LREF
Blank 2 Filed: 4/8/2003, Entered: 4/8/2003 Summons Returned Executed
SUMMONS Returned Executed as to Heritage Services 4/4/03 Answer due on 4/24/03 for Heritage Services (clerk)
LREF
Blank -- Filed: 3/31/2003, Entered: 3/31/2003 Summons Issued
SUMMONS(ES) (orig & 1) issued and mailed to atty for service by SPS for Heritage Services, Inc. (clerk)
LREF
Blank 1 Filed: 3/28/2003, Entered: 3/31/2003 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 100162596 (clerk)
LREF

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