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 47 |
Filed: 10/18/2017, Entered: 10/18/2017 |
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ORDER - Upon consideration of the Parties' Joint Stipulation of Dismissal under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, it is hereby ORDERED, that the Parties' Joint Stipulation of Dismissal shall be and is hereby GRANTED; and it is further ORDERED, that the above-referenced case shall be and is hereby DISMISSED WITH PREJUDICE. SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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| 46 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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NOTICE of Case Dismissal BY JOINT STIPULATION by Attorney Olga M. Thall on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund (Thall, Olga)
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Request |
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| 45 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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ORDER SETTING SCHEDULE FOR FINAL PROGRESSION OF A CIVIL CASE - Depositions due November 17, 2017. 3-day Jury Trial set at the Court's call, during the week of 1/16/2018 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 1/2/2018 at 02:30 PM in Chambers before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (JAB)
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| 44 |
Filed: 8/23/2017, Entered: 8/23/2017 |
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REPORT of Rule 26(f) Planning Meeting - Settlement Likely by Attorney Olga M. Thall on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund.(Thall, Olga)
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| 43 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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| 42 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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TEXT ORDER: A telephone conference with the undersigned Magistrate Judge will be held on August 24, 2017 at 3:30 p.m. The parties shall file a Revised Rule 26 Meeting Report not later than 2:00 p.m. on Wednesday, August 23, 2017. A separate order will be filed with conferencing instructions. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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| 41 |
Filed: 8/16/2017, Entered: 8/16/2017 |
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ORDER granting 40 Motion for Extension of Time for Telephone Conference. Counsel for the parties shall contact the undersigned's chambers no later than August 28, 2017 to schedule a telephone conference. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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| 40 |
Filed: 8/16/2017, Entered: 8/16/2017 |
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UNOPPOSED MOTION to Extend Time for Telephone Conference by Attorney Olga M. Thall on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Text of Proposed Order)(Thall, Olga)
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Request |
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| 39 |
Filed: 8/16/2017, Entered: 8/16/2017 |
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TEXT ORDER granting 38 Motion to Withdraw as Attorney. Stephen M. Rosenblatt is hereby granted leave to withdraw as counsel for Defendants Sheet Metal Workers' National Pension Fund and its Board of Trustees. The Clerk of Court shall terminate Mr. Rosenblatt's appearance as counsel and terminate future notices to him in this matter. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| 38 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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MOTION to Withdraw as Attorney by Attorney Stephen M. Rosenblatt on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers, Sheet Metal Workers' National Pension Fund.(Rosenblatt, Stephen)
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Request |
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| 37 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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MEMORANDUM AND ORDER that Defendants' motion for summary judgment (Filing No. 27) is denied. Within ten days of the date of this order, counsel for the plaintiff shall initiate a telephone conference with the assigned magistrate judge and counsel for all parties for the purpose of scheduling this matter to trial. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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| 36 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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APPLICATION/ORDER admitting pro hac vice Attorney Olga M. Thall for Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund and Sheet Metal Workers' National Pension Fund. Ordered by Deputy Clerk. (LAC)
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Request |
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| 35 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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REPLY BRIEF in support of MOTION for Summary Judgment against Plaintiffs 27 by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund.(McDermott, Lauren)
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Request |
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| 34 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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INDEX in opposition to MOTION for Summary Judgment against Plaintiffs 27 by Attorney Todd A. West on behalf of Plaintiffs Gary W. Sewell, Judith A. Sewell. (Attachments: # 1 Affidavit Exhibit A, Gary Sewell Declaration)(West, Todd)
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| 33 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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BRIEF in opposition to MOTION for Summary Judgment against Plaintiffs 27 by Attorney Todd A. West on behalf of Plaintiffs Gary W. Sewell, Judith A. Sewell.(West, Todd)
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Request |
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| 32 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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INDEX in support of MOTION for Summary Judgment against Plaintiffs 27 by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Exhibit 2g, # 2 Exhibit 2h, # 3 Exhibit 2i, # 4 Exhibit 2j, # 5 Exhibit 2k, # 6 Exhibit 2l)(McDermott, Lauren)
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| 31 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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INDEX in support of MOTION for Summary Judgment against Plaintiffs 27 by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Exhibit 2c, # 2 Exhibit 2d, # 3 Exhibit 2e)(McDermott, Lauren)
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Request |
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| 30 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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INDEX in support of MOTION for Summary Judgment against Plaintiffs 27 by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Exhibit 2 - McDermott Declaration, # 2 Exhibit 2a, # 3 Exhibit 2b, # 4 Exhibit 2c)(McDermott, Lauren)
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Request |
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| 29 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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INDEX in support of MOTION for Summary Judgment against Plaintiffs 27 by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Exhibit 1 Declaration of Santi, # 2 Exhibit 1a to Santi Decl., # 3 Exhibit 1b to Santi Decl.)(McDermott, Lauren)
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| 28 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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BRIEF in support of MOTION for Summary Judgment against Plaintiffs 27 by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund.(McDermott, Lauren)
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| 27 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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MOTION for Summary Judgment against Plaintiffs by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund.(McDermott, Lauren)
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Request |
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| 26 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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TEXT REASSIGNMENT ORDER - Following Magistrate Judge Thomas D. Thalken's retirement on December 31, 2016, all pending civil and criminal cases previously assigned to Magistrate Thalken are reassigned to Magistrate Judge Susan M. Bazis for judicial supervision and processing of all pretrial matters. Case reassigned to Magistrate Judge Susan M. Bazis. Magistrate Judge Thomas D. Thalken no longer assigned to the case. Ordered by Chief Judge Laurie Smith Camp. (CS, )
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| 25 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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ORDER - This matter is before the court following a telephone conference with counsel on November 4, 2016. Plaintiffs were represented by Todd A. West. Defendants were represented by Lauren P. McDemott. The principal issue remaining to be resolved is the employment status of plaintiff Gary W. Sewell at Controlled Comfort Engineering, Inc., prior to joining the Sheet Metal Workers International Association Local Union No. 3. The parties may engage in discovery to resolve this issue, and any motion for summary judgment shall be filed on or before February 1, 2017. Ten (10) days following the ruling any motion for summary judgment, or on February 7, 2017, at 10:00 a.m., if no summary judgment motion is filed, counsel for the plaintiff shall initiate a telephone conference with the assigned magistrate judge and counsel for all parties for the purpose of scheduling this matter to trial. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
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| 24 |
Filed: 10/10/2016, Entered: 10/10/2016 |
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NOTICE of Intent to Serve Subpoena by Attorney Todd A. West on behalf of Plaintiffs Gary W. Sewell, Judith A. Sewell (West, Todd)
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| 23 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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TEXT ORDER granting 22 oral motion for continuance. Following a discussion with counsel for the parties, the partes have ten days to initiate discovery regarding the plaintiffs' employment status. The court will hold a telephone conference on November 4, 2016 at 10:00 a.m. Counsel for the plaintiffs shall initiate the conference with the assigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| 22 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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TEXT ORAL MOTION - by counsel for the parties to continue the planning conference. (TRL)
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| 21 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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TEXT MINUTE ENTRY for proceedings held on October 4, 2016, before Magistrate Judge Thomas D. Thalken with Todd A. West representing the plaintiffs and Lauren P. McDermott representing the defendants. The parties requested a continuance of the planning conference. (TRL)
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| 20 |
Filed: 7/6/2016, Entered: 7/6/2016 |
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ANSWER to Amended Complaint 19 (Second) by Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund (Attachments: # 1 Transmittal Letter) (McDermott, Lauren)
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| 19 |
Filed: 6/22/2016, Entered: 6/22/2016 |
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AMENDED COMPLAINT (SECOND AMENDED) against Defendant All Defendants, by Attorney Todd A. West on behalf of Gary W. Sewell, Judith A. Sewell(West, Todd)
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| 18 |
Filed: 6/22/2016, Entered: 6/22/2016 |
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TEXT ORDER granting 17 the plaintiffs' Unopposed Motion for Leave to File Amended Complaint. The plaintiff shall have until June 30, 2016, to file the Second Amended Complaint. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| 17 |
Filed: 6/21/2016, Entered: 6/21/2016 |
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UNOPPOSED MOTION for Leave to File Amended Complaint by Attorney Todd A. West on behalf of Plaintiffs Gary W. Sewell, Judith A. Sewell. (Attachments: # 1 Exhibit Second Amended Complaint)(West, Todd)
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| 16 |
Filed: 6/13/2016, Entered: 6/13/2016 |
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ORDER FOR INITIAL PROGRESSION OF CASE - Counsel shall notify the undersigned magistrate judge by joint or separate letters by August 1, 2016 addressing mediation requirements. Counsel for plaintiffs shall initiate the planning conference call to the court at 10:00 a.m. on October 4, 2016. Planning Conference set for 10/4/2016 at 10:00 AM by Telephone before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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| 15 |
Filed: 6/13/2016, Entered: 6/13/2016 |
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TEXT ORDER: Pursuant to General Order 2010-11, the parties did not timely consent, in writing, to disposition of the case by a magistrate judge. Case reassigned to Senior Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken. Ordered by Deputy Clerk. (MKR)
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| 14 |
Filed: 6/10/2016, Entered: 6/10/2016 |
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REPORT of Rule 26(f) Planning Meeting by Attorney Todd A. West on behalf of Plaintiffs Gary W. Sewell, Judith A. Sewell.(West, Todd)
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Request |
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| 13 |
Filed: 5/27/2016, Entered: 5/27/2016 |
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ANSWER to Amended Complaint 3 by Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund (Attachments: # 1 Certificate of Service) (McDermott, Lauren)
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| 12 |
Filed: 5/17/2016, Entered: 5/17/2016 |
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SCHEDULING LETTER - CONSENT setting Rule 26 Meeting Report Deadline for June 10, 2016. Please use the "Form 35 (Rule 26(f)) Report" posted on the court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge Thomas D. Thalken. (ZWA)
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| 11 |
Filed: 4/25/2016, Entered: 4/25/2016 |
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TEXT ORDER granting 10 the defendants' Consent Motion for an Extension of Time. The defendants shall have an extension of time until May 27, 2016, to answer or otherwise respond to the plaintiffs' Amended Complaint 3 . Ordered by Magistrate Judge Thomas D. Thalken. (ZWA)
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| 10 |
Filed: 4/22/2016, Entered: 4/22/2016 |
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UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Lauren P. McDermott on behalf of Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Certificate of Service)(McDermott, Lauren)
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| 9 |
Filed: 4/21/2016, Entered: 4/22/2016 |
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APPLICATION/ORDER admitting pro hac vice Attorney Lauren P. McDermott for Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund and Sheet Metal Workers' National Pension Fund. Ordered by Deputy Clerk. (GJG)
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Request |
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| 8 |
Filed: 4/21/2016, Entered: 4/22/2016 |
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APPLICATION/ORDER admitting pro hac vice Attorney Paul Green for Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund and Sheet Metal Workers' National Pension Fund. Ordered by Deputy Clerk. (GJG)
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Request |
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| 7 |
Filed: 4/21/2016, Entered: 4/21/2016 |
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APPLICATION/ORDER admitting pro hac vice Attorney Stephen M. Rosenblatt for Defendants Board of Trustees of the Sheet Metal Workers' National Pension Fund, Sheet Metal Workers, Sheet Metal Workers' National Pension Fund. Ordered by Deputy Clerk. (GJG)
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Request |
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| 6 |
Filed: 4/5/2016, Entered: 4/5/2016 |
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Summons Issued as to defendant Board of Trustees of the Sheet Metal Workers' National Pension Fund and Sheet Metal Workers' National Pension Fund. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LAC)
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Request |
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| 5 |
Filed: 4/4/2016, Entered: 4/4/2016 |
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Summons Requested as to Board of Trustees of the Sheet Metal Workers National Pension Fund regarding Amended Complaint 3 . (West, Todd)
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Request |
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| 4 |
Filed: 4/4/2016, Entered: 4/4/2016 |
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Summons Requested as to Sheet Metal Workers' National Pension Fund regarding Amended Complaint 3 . (West, Todd)
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Request |
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| 3 |
Filed: 4/1/2016, Entered: 4/1/2016 |
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AMENDED COMPLAINT against Defendant All Defendants, by Attorney Todd A. West on behalf of Gary W. Sewell, Judith A. Sewell(West, Todd)
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Request |
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| 2 |
Filed: 3/18/2016, Entered: 3/18/2016 |
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TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Thomas D. Thalken assigned. (KLF)
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| 1 |
Filed: 3/18/2016, Entered: 3/18/2016 |
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COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0867-3168145), by Attorney Todd A. West on behalf of Gary W Sewell, Judith A Sewell(West, Todd)
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