Midwest Operating Engineers Welfare Fund v. J.J. Day, Inc., an Indiana corporation

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:17-cv-02938
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Last Updated February 3, 2019 at 2:06 AM 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, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
No Logo International Union of Operating Engineers, Local 150, AFL-CIO, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
ATTORNEY TO BE NOTICED Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@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, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@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, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@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, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@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, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@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, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
v.
No Logo J.J. Day, Inc., an Indiana corporation, Defendant
Attributes
Citation Section 29 U.S.C. § 1131
Nature of Suit 720 - Labor: Labor/Management Relations
Timeline
  Entries (24) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 22 Filed: 8/4/2017, Entered: None Unknown Document Type
AFFIDAVIT of Service filed by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, 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 regarding Garnishment Summons (Non-Wage) served on Karen Brock, Main Source Bank on 07/24/2017 (Kiser, Charles) (Entered: 08/04/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 7/20/2017, Entered: None Unknown Document Type
CERTIFICATE of Service by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, 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 Garnishment Notice (Kiser, Charles) (Entered: 07/20/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 7/14/2017, Entered: None Unknown Document Type
WRIT OF GARNISHMENT (non-wage) issued as to Main Source Bank. (Attachments: # 1 Affidavit for garnishment (non-wage)) (ags, ) (Entered: 07/14/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 6/13/2017, Entered: 6/13/2017 Unknown Document Type
ENTERED AMENDED Judgment Signed by the Honorable Edmond E. Chang on 6/13/2017.Mailed notice(air, )
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Legal Document (Payment Possibly Required) 18 Filed: 6/13/2017, Entered: 6/13/2017 Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang:Plaintiffs' motion to amend judgment 16 to add attorneys' fees and costs is granted. An amended AO-450 judgment shall be entered that states: Judgment entered in favor of the Plaintiffs-Funds in the amount of $18,744.04 on liability, $2,496.00 in attorneys' fees, and $742.10 in costs; and in favor of Plaintiff Local 150 in the amount of $699 on liability, $104.00 in attorneys' fees, and $30.92 in costs. Motion hearing of 06/19/2017 is vacated. Mailed notice (air, )
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Legal Document (Payment Possibly Required) 17 Filed: 6/8/2017, Entered: None Unknown Document Type
NOTICE of Motion by Charles R Kiser for presentment of motion for attorney fees, 16 before Honorable Edmond E. Chang on 6/19/2017 at 08:30 AM. (Kiser, Charles) (Entered: 06/08/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 6/8/2017, Entered: 6/8/2017 Unknown Document Type
MOTION by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, 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 attorney fees and Costs (Attachments: # 1 Exhibit A)(Kiser, Charles)
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Legal Document (Payment Possibly Required) 15 Filed: 6/6/2017, Entered: 6/6/2017 Unknown Document Type
ENTERED JUDGMENT on 6/6/2017:Emailed notice(slb, )
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Legal Document (Payment Possibly Required) 14 Filed: 6/6/2017, Entered: 6/6/2017 Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiffs' motion for default judgment 12 . Defendant has failed to answer or appear, and the time for answering the Complaint has expired. Therefore, the Court finds Defendant to be in default. It is hereby ordered that default judgment is entered in favor of Plaintiffs and against Defendant J.J. Day, Inc. Judgment entered in favor of the Plaintiffs-Funds in the amount of $18,744.04 and Plaintiff Local 150 in the amount of $699. A separate AO-450 judgment shall be entered. As discussed during the hearing, Plaintiffs' may file a motion for reasonable attorney's fees and costs to allocate what is owed to each set of Plaintiffs. Civil case terminated. Emailed notice (slb, )
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Legal Document (Payment Possibly Required) 13 Filed: 6/1/2017, Entered: None Unknown Document Type
NOTICE of Motion by Charles R Kiser for presentment of motion for default judgment, 12 before Honorable Edmond E. Chang on 6/6/2017 at 09:30 AM. (Kiser, Charles) (Entered: 06/01/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 6/1/2017, Entered: 6/1/2017 Unknown Document Type
MOTION by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, 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 default judgment as to Defendant J.J. Day, Inc. (Attachments: # 1 Exhibit A-C)(Kiser, Charles)
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Legal Document (Payment Possibly Required) 11 Filed: 5/25/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: At Plaintiffs' counsel's request, the status hearing of 05/25/2017 is reset to 06/06/2017 at 9:30 a.m. Plaintiffs shall file a motion for default judgment in a sum certain by 06/01/2017, noticed for presentment for the next status hearing date and time.Emailed notice (slb, ) (Entered: 05/25/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 5/23/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: Defendant's answer deadline was 05/22/2017, but no answer was filed. Thus, Defendant is in default under Federal Rule of Civil Procedure 55(a). If Plaintiffs are able to file a motion for default judgment today (the damages amount is alleged in the complaint), noticed for presentment to coincide with the status hearing date and time on 05/25/2017, they may do so. Otherwise, the Court will set a deadline at the status hearing. Emailed notice (Chang, Edmond) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 5/22/2017, Entered: None Unknown Document Type
STATUS Report [PLAINTIFFS' INITIAL] by Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, 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 (Kiser, Charles) (Entered: 05/22/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 5/1/2017, Entered: None Unknown Document Type
SUMMONS Returned Executed by International Union of Operating Engineers, Local 150, AFL-CIO, Operating Engineers Local 150 Apprenticeship Fund, Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Pension Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Welfare Fund, Midwest Operating Engineers Retirement Enhancement Fund as to J.J. Day, Inc., an Indiana corporation on 4/29/2017, answer due 5/22/2017. (Kiser, Charles) (Entered: 05/01/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 5/1/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 06/02/2017 is reset to 05/25/2017 at 9:00 a.m.Emailed notice (slb, ) (Entered: 05/01/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 4/19/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 06/02/2017 at 2:15 p.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: # 1 Status Report Requirements) (slb, ) (Entered: 04/19/2017)
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Legal Document (Payment Possibly Required) 5 Filed: 4/19/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiff International Union of Operating Engineers, Local 150, AFL-CIO by Elizabeth Ann LaRose (LaRose, Elizabeth) (Entered: 04/19/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 4/19/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiff International Union of Operating Engineers, Local 150, AFL-CIO by Dale D. Pierson (Pierson, Dale) (Entered: 04/19/2017)
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Legal Document (Payment Possibly Required) 3 Filed: 4/19/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, 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 by Charles R Kiser (Kiser, Charles) (Entered: 04/19/2017)
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Legal Document (Payment Possibly Required) 2 Filed: 4/19/2017, Entered: None Unknown Document Type
CIVIL Cover Sheet (Kiser, Charles) (Entered: 04/19/2017)
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Legal Document (Payment Possibly Required) 1 Filed: 4/19/2017, Entered: 4/19/2017 Unknown Document Type
COMPLAINT filed by International Union of Operating Engineers, Local 150, AFL-CIO, Operating Engineers Local 150 Apprenticeship Fund, Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Pension Trust Fund, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Welfare Fund, Midwest Operating Engineers Retirement Enhancement Fund; Filing fee $ 400, receipt number 0752-13085918. (Attachments: # 1 Exhibit A-C)(Kiser, Charles)
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Legal Document (Payment Possibly Required)  Filed: 4/19/2017, Entered: None Unknown Document Type
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. (yt)
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Legal Document (Payment Possibly Required)  Filed: 4/19/2017, Entered: None Unknown Document Type
SUMMONS Issued as to Defendant J.J. Day, Inc., an Indiana corporation (pg, )
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