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)
13
Filed: 11/18/2003, Entered: 11/19/2003
Order
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)
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Filed: 11/18/2003, Entered: 11/19/2003
Docket Annotation
All pleadings accounted for and in order (kjon)
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Filed: 11/18/2003, Entered: 11/19/2003
Terminated Case
Case closed (kjon)
12
Filed: 10/28/2003, Entered: 10/28/2003
Order
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)
11
Filed: 10/7/2003, Entered: 10/9/2003
Affidavit
AFFIDAVIT of Richard Gibson Re: entry of default (kjon)
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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)
10
Filed: 6/30/2003, Entered: 6/30/2003
Order
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
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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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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)
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
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)
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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
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
4
Filed: 5/29/2003, Entered: 6/2/2003
Order
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
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
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)
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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)