Midwest Operating Engineers Welfare Fund v. Davis & Son Excavation, LLC

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:16-cv-09505
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Last Updated February 7, 2019 at 7:15 PM EST (6.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Construction Industry Research and Service Trust Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Brad H Russell +1 708 579 6663 brussell@local150.org
No Logo Local 150 IUOE Vacation Savings Plan, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Brad H Russell +1 708 579 6663 brussell@local150.org
No Logo Midwest Operating Engineers Pension Trust Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Brad H Russell +1 708 579 6663 brussell@local150.org
No Logo Midwest Operating Engineers Retirement Enhancement Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Brad H Russell +1 708 579 6663 brussell@local150.org
No Logo Midwest Operating Engineers Welfare Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Brad H Russell +1 708 579 6663 brussell@local150.org
No Logo Operating Engineers Local 150 Apprenticeship Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Brad H Russell +1 708 579 6663 brussell@local150.org
v.
No Logo Davis & Son Excavation, LLC, Defendant

Represented by Allocco, Miller & Cahill, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kathleen Marie Cahill +1 773 868 4841 +1 410 821 7740 kmc@alloccomiller.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Todd Abraham Miller +1 773 868 4841 tam@alloccomiller.com
ATTORNEY TO BE NOTICED Megan Marie Moore +1 312 675 4325 +1 312 675 4326 mmm@alloccomiller.com

Represented by Saunders Condon & Kenney

Name Phone Fax E-Mail
TERMINATED: 03/22/2017 James J. Kenney +1 312 236 3735 jkenney@scklaw.com

Represented by Suite 140

Name Phone Fax E-Mail
PRO HAC VICE, TERMINATED: 03/22/2017 John D. Meyer +1 317 204 2017 jmeyer@goodinmeyer.com
Attributes
Citation Section 29 U.S.C. § 1132
Nature of Suit 720 - Labor: Labor/Management Relations
Timeline
  Entries (64) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 61 Filed: 4/6/2018, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the parties' Stipulation of Voluntary Dismissal Pursuant to Rule 41(a)(1)(A)(ii) 60, this action is dismissed with each party to bear its own costs and fees. The status hearing set for 4/10/18 is stricken with no appearance required. Civil case terminated. Mailed notice (ber, ) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 60 Filed: 4/6/2018, Entered: None Unknown Document Type
STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) (LaRose, Elizabeth) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 59 Filed: 3/13/2018, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 3/13/18 and continued to 4/10/18 at 10:30 a.m. Off the record settlement discussions held with counsel. The parties appear to have reached agreement on the open issues that have prevented them from finalizing the settlement reached on 12/6/17 55 . If a stipulation to dismiss is filed before the next status hearing, the hearing will be stricken and no appearances will be necessary. Mailed notice (ber, ) (Entered: 03/14/2018)
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Legal Document (Payment Possibly Required) 58 Filed: 2/21/2018, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the status hearing set for 2/22/18 is stricken and, at the Court's instance, reset for 3/13/18 at 10:00 a.m. If a stipulation to dismiss is filed before 3/13/18, the status hearing will be stricken with no appearance required. Mailed notice (ber, ) (Entered: 02/21/2018)
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Legal Document (Payment Possibly Required) 57 Filed: 12/7/2017, Entered: None Unknown Document Type
ORDER REASSIGNING Case to the Honorable Jeffrey T. Gilbert for all further proceedings pursuant to Local Rule 73.1. Parties have consented to the reassignment. Honorable Jeffrey T. Gilbert and Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable John J. Tharp, Jr on 12/7/2017. (mc, ) (Entered: 12/08/2017)
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Legal Document (Payment Possibly Required) 56 Filed: 12/6/2017, Entered: None Unknown Document TypeCourt Filing
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge. (ber, ) (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 55 Filed: 12/6/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: Settlement conference held on 12/6/17. The parties resolved the case. Status hearing set for 2/22/18 at 10:00 a.m. If a stipulation to dismiss if filed before 2/22/18, the status hearing will be stricken with no appearance required. Mailed notice (ber, ) (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 54 Filed: 11/28/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 11/28/17. Off the record settlement discussions held with counsel. The settlement conference set for 12/6/17 will proceed as scheduled. Mailed notice (ber, ) (Entered: 11/29/2017)
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Legal Document (Payment Possibly Required) 53 Filed: 11/9/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 11/9/17. Defendant's counsel appeared. Plaintiffs' counsel did not appear. A continued status hearing is set for 11/28/17 at 10:00 a.m. The settlement conference set for 12/6/17 at 2:00 p.m. will proceed as scheduled. Mailed notice (ber, ) (Entered: 11/09/2017)
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Legal Document (Payment Possibly Required) 52 Filed: 9/27/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: Initial status hearing held on 9/27/17 and continued to 11/9/17 at 10:00 a.m. Off the record settlement discussions held with counsel. Settlement conference set for 12/6/17 at 2:00 p.m. Counsel confirmed with the Court's courtroom that all necessary participants are available for that date. Plaintiffs' settlement letter shall be delivered to Defendant, with a copy delivered to the Court, in chambers, on or before 10/11/17. Defendant's settlement letter shall be delivered to Plaintiffs, with a copy delivered to the Court, in chambers, on or before 11/1/17. Settlement letters are not to be filed on the CM-ECF system. At Plaintiffs' request, Plaintiffs can be represented at the settlement conference by a party representative who is a trustee and union officer and by Plaintiffs' long-time legal counsel. Mailed notice (ber, ) (Entered: 09/28/2017)
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Legal Document (Payment Possibly Required) 51 Filed: 9/14/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the status hearing set for 9/18/17 is reset to 9/27/17 at 10:15 a.m. Mailed notice (ber, ) (Entered: 09/14/2017)
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Legal Document (Payment Possibly Required) 50 Filed: 9/13/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert to conduct a settlement conference. Status hearing scheduled for 9/18/17 at 10:15 a.m. Prior to the status hearing, the parties shall familiarize themselves with the subjects referenced in Magistrate Judge Gilbert's Standing Order for Settlement Conference posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to referral cases. Mailed notice (ber, ) (Entered: 09/13/2017)
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Legal Document (Payment Possibly Required) 49 Filed: 8/30/2017, Entered: None Unknown Document Type
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: settlement conference.(air, )Mailed notice. (Entered: 09/12/2017)
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Legal Document (Payment Possibly Required) 48 Filed: 8/30/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE entry before the Honorable John J. Tharp, Jr: Upon the parties' agreed request, this case is referred to Magistrate Judge Gilbert for the purpose of conducting a settlement conference. The status hearing set for 8/31/17 is stricken. Mailed notice (air, ) (Entered: 08/30/2017)
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Legal Document (Payment Possibly Required) 47 Filed: 8/21/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr:Upon the parties' agreed request, the status hearing is reset for 8/31/17 at 9:00 a.m. Mailed notice (air, ) (Entered: 08/21/2017)
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Legal Document (Payment Possibly Required) 46 Filed: 7/20/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 8/22/17 at 9:00 a.m. Plaintiff reports that the audit report has been completed. The parties are to identify and confer regarding any disagreements relating to the audit results. If a resolution is reached, a stipulated dismissal may be filed and the status hearing will be stricken. Mailed notice (air, ) (Entered: 07/20/2017)
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Legal Document (Payment Possibly Required) 45 Filed: 6/27/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiffs' unopposed request to reset the status date is granted. Status hearing is reset for 7/20/17 at 9:00 a.m. Mailed notice (air, ) (Entered: 06/27/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 6/19/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: A status hearing is set for 7/12/17 at 9:00 a.m.Mailed notice (slb, ) (Entered: 06/19/2017)
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Legal Document (Payment Possibly Required) 43 Filed: 6/15/2017, Entered: None Unknown Document Type
AMENDED Answer by Davis & Son Excavation, LLC to complaint,, 1 (Miller, Todd) (Entered: 06/15/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 6/7/2017, Entered: 6/7/2017 Unknown Document Type
ORDER Directing Audit and Resetting Discovery Deadline Signed by the Honorable John J. Tharp, Jr on 6/7/2017.Mailed notice(air, ) (Appendix added added on 6/8/2017: # 1Appendix) (air, ). Modified on 6/8/2017 (air, ).
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Legal Document (Payment Possibly Required) 41 Filed: 6/7/2017, Entered: 6/7/2017 Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held. Plaintiffs' motion for order directing audit and to reset discovery deadline 39 is granted. Enter Order. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 40 Filed: 6/2/2017, Entered: None Unknown Document Type
NOTICE of Motion by Elizabeth Ann LaRose for presentment of motion for order, 39 before Honorable John J. Tharp Jr. on 6/7/2017 at 09:00 AM. (LaRose, Elizabeth) (Entered: 06/02/2017)
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Legal Document (Payment Possibly Required) 39 Filed: 6/2/2017, Entered: 6/2/2017 Unknown Document Type
MOTION by Plaintiffs Construction Industry Research and Service Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Retirement Enhancement Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund for order Directing Audit and to Reset Discovery Deadline (Attachments: # 1 Exhibit 1-10)(LaRose, Elizabeth)
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Legal Document (Payment Possibly Required) 38 Filed: 5/17/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 6/7/17 at 9:00 a.m. Mailed notice (air, ) (Entered: 05/17/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 4/26/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendant Davis & Son Excavation, LLC by Todd Abraham Miller (Miller, Todd) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 4/26/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendant Davis & Son Excavation, LLC by Megan Marie Moore (Moore, Megan) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 4/26/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendant Davis & Son Excavation, LLC by Kathleen Marie Cahill (Cahill, Kathleen) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 4/5/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 5/17/17 at 9:00 a.m. Mailed notice (air, ) (Entered: 04/05/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 3/22/2017, Entered: 3/22/2017 Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 4/5/17 at 9:00 a.m. Please call the courtroom deputy at (312) 435-5861 if the parties agree that the hearing is not necessary. Defendant's motion for substitution of counsel 30 is granted. Todd A. Miller, Kathleen Cahill and Megan Moore are granted leave to file their appearances on behalf of defendant Davis & Son. James Kenney's appearance is terminated. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 32 Filed: 3/6/2017, Entered: None Unknown Document Type
Re- NOTICE of Motion by Megan Marie Moore for presentment of motion to substitute attorney 30 before Honorable John J. Tharp Jr. on 3/22/2017 at 09:00 AM. (Moore, Megan) (Entered: 03/06/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 3/6/2017, Entered: None Unknown Document Type
NOTICE of Motion by Megan Marie Moore for presentment of motion to substitute attorney 30 before Honorable John J. Tharp Jr. on 3/15/2017 at 09:00 AM. (Moore, Megan) (Entered: 03/06/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 3/6/2017, Entered: 3/6/2017 Unknown Document Type
MOTION by Defendant Davis & Son Excavation, LLC to substitute attorney (Moore, Megan)
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Legal Document (Payment Possibly Required) 29 Filed: 1/27/2017, Entered: 1/27/2017 Unknown Document Type
CONFIDENTIALITY Order. Signed by the Honorable John J. Tharp, Jr on 1/27/2017.Mailed notice(air, )
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Legal Document (Payment Possibly Required) 28 Filed: 1/27/2017, Entered: 1/27/2017 Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's motion for entry of confidentiality order 27 is granted. Plaintiff's objection to inclusion of "personal identity information" in the order is overruled. If the parties have a dispute about the meaning of the order that cannot be resolved, such dispute may be submitted to the Court in accordance with the terms of the order. Enter Confidentiality Order. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 27 Filed: 1/25/2017, Entered: None Unknown Document Type
MOTION by Defendant Davis & Son Excavation, LLC for order Confidentiality (Meyer, John) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 1/25/2017, Entered: None Unknown Document Type
NOTICE of Motion by John D. Meyer for presentment of before Honorable John J. Tharp Jr. on 2/2/2017 at 09:00 AM. (Meyer, John) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 1/11/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 3/22/17 at 9:00 a.m. Parties are to exchange Rule 26(a)(1) disclosures by 1/25/17 and may then proceed with formal discovery requests. Mailed notice (air, ) (Entered: 01/11/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 1/9/2017, Entered: 1/9/2017 Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: Defendant's unopposed motion for leave to appear by telephone at the 1/11/17 status conference 23 is granted. Defendant's counsel should contact the Courtroom Deputy to arrange the telephonic appearance. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 23 Filed: 1/6/2017, Entered: 1/6/2017 Unknown Document Type
MOTION by Defendant Davis & Son Excavation, LLC to Appear by Telephone for Status Conference (Meyer, John)
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Legal Document (Payment Possibly Required) 22 Filed: 12/13/2016, Entered: None Unknown Document Type
ANSWER to Complaint with Jury Demand by Davis & Son Excavation, LLC(Meyer, John) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 11/30/2016, Entered: None Order on Motion to Dismiss for Failure to State a Claim
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Legal Document (Payment Possibly Required) 21 Filed: 11/29/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: Initial status conference held and continued to 1/11/17 at 9:00 a.m. to set a discovery schedule. For the reasons stated on the record, Defendant's Motion to Dismiss 14 is denied. Defendant's answer is due by 12/13/16. Mailed notice (air, ) (Entered: 11/30/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 11/28/2016, Entered: 11/28/2016 Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's request for leave to appear by telephone for the initial status conference and for any argument on the motion to dismiss on 11/29/16 at 9:00 a.m. is granted. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 19 Filed: 11/23/2016, Entered: None Unknown Document Type
NOTICE of Motion by John D. Meyer for presentment of motion for miscellaneous relief 18 before Honorable John J. Tharp Jr. on 11/29/2016 at 09:00 AM. (Meyer, John) (Entered: 11/23/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 11/23/2016, Entered: 11/23/2016 Unknown Document Type
MOTION by Defendant Davis & Son Excavation, LLC Unopposed Request to Appear by Telephone (Meyer, John)
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Legal Document (Payment Possibly Required) 17 Filed: 11/22/2016, Entered: None Unknown Document Type
RESPONSE by Construction Industry Research and Service Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Retirement Enhancement Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fundin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 14 (LaRose, Elizabeth) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 11/22/2016, Entered: None Unknown Document Type
STATUS Report Joint Initial Status Report by Construction Industry Research and Service Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Retirement Enhancement Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund (LaRose, Elizabeth) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 11/18/2016, Entered: None Unknown Document Type
NOTICE of Motion by John D. Meyer for presentment of Motion to Dismiss for Failure to State a Claim 14 before Honorable John J. Tharp Jr. on 11/29/2016 at 09:00 AM. (Meyer, John) (Entered: 11/18/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 11/18/2016, Entered: 11/18/2016 Unknown Document Type
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Meyer, John)
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Legal Document (Payment Possibly Required) 13 Filed: 11/11/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendant Davis & Son Excavation, LLC by James J. Kenney (Kenney, James) (Entered: 11/11/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 10/24/2016, Entered: None Unknown Document Type
SUMMONS Returned Executed by Operating Engineers Local 150 Apprenticeship Fund, Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Welfare Fund, Midwest Operating Engineers Retirement Enhancement Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund as to Davis & Son Excavation, LLC on 10/10/2016, answer due 10/31/2016. (LaRose, Elizabeth) (Entered: 10/24/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 10/20/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: The defendant's motion for an extension of time to file a responsive pleading to plaintiff's complaint 10 is granted. No appearance on the motion is required. The defendant's responsive pleading is due 11/21/16. This case is set for an initial status conference on 11/29/16 at 9:00 a.m. Mailed notice (air, ) (Entered: 10/20/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 10/19/2016, Entered: 10/19/2016 Unknown Document Type
MOTION by Defendant Davis & Son Excavation, LLC for extension of time to file answer (Meyer, John)
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Legal Document (Payment Possibly Required) 9 Filed: 10/18/2016, Entered: None Unknown Document Type
DESIGNATION of John D. Meyer as U.S. Attorney for Defendant Davis & Son Excavation, LLC (Meyer, John) (Entered: 10/18/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 10/18/2016, Entered: 10/18/2016 Unknown Document Type
MOTION by Defendant Davis & Son Excavation, LLC for disclosure Corporate Disclosure (Meyer, John)
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Legal Document (Payment Possibly Required) 7 Filed: 10/17/2016, Entered: 10/17/2016 Unknown Document Type
MINUTE entry before the Honorable John J. Tharp, Jr: The motion for leave to appear pro hac vice 6 is granted. No appearance on the motion is required. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 6 Filed: 10/14/2016, Entered: 10/14/2016 Unknown Document Type
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12465315. (Meyer, John)
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Legal Document (Payment Possibly Required) 5 Filed: 10/5/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiffs Construction Industry Research and Service Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund, Midwest Operating Engineers Retirement Enhancement Fund by Dale D. Pierson (Pierson, Dale) Docket text modified on 10/5/2016 by Clerk's Office (mmy, ) (Entered: 10/05/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 10/5/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiffs Construction Industry Research and Service Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund, Midwest Operating Engineers Retirement Enhancement Fund by Brad H Russell (Russell, Brad) Docket text modified on 10/5/2016 (mmy, ) (Entered: 10/05/2016)
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ATTORNEY Appearance for Plaintiffs Construction Industry Research and Service Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Midwest Operating Engineers Retirement Enhancement Fund, Operating Engineers Local 150 Apprenticeship Fund by Elizabeth Ann LaRose (LaRose, Elizabeth) Docket text modified by Clerk's Office on 10/5/2016 (mmy, ) (Entered: 10/05/2016)
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CIVIL Cover Sheet (LaRose, Elizabeth) (Entered: 10/05/2016)
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COMPLAINT filed by Operating Engineers Local 150 Apprenticeship Fund, Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Welfare Fund, Midwest Operating Engineers Retirement Enhancement Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund; Filing fee $ 400, receipt number 0752-12434823. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(LaRose, Elizabeth) Docket text modified by Clerk's Office on 10/5/2016 (mmy, ) (Entered: 10/05/2016)
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CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (tm, )
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SUMMONS Issued as to Defendant Davis & Son Excavation, LLC (pg, )
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