Nat'l Stabilization, et al v. D & S Sheet Metal

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:04-cv-01254-CMH-LO
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Parties
No Logo International Training Institute For The Sheet Metal And Air Conditioning Industry, Plaintiff

Represented by Jennings Sigmond, PC

Name Phone Fax E-Mail
Space David Stephen Bahuriak, Jr. +1 215 351 0658 +1 215 922 3524 usdc-edva-erisa@jslex.com
No Logo National Energy Management Institute Committee, Plaintiff

Represented by Jennings Sigmond, PC

Name Phone Fax E-Mail
Space David Stephen Bahuriak, Jr. +1 215 351 0658 +1 215 922 3524 usdc-edva-erisa@jslex.com
No Logo National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Plaintiff

Represented by Jennings Sigmond, PC

Name Phone Fax E-Mail
Space David Stephen Bahuriak, Jr. +1 215 351 0658 +1 215 922 3524 usdc-edva-erisa@jslex.com
No Logo Sheet Metal Occupational Health Institute Trust Fund, Plaintiff

Represented by Jennings Sigmond, PC

Name Phone Fax E-Mail
Space David Stephen Bahuriak, Jr. +1 215 351 0658 +1 215 922 3524 usdc-edva-erisa@jslex.com
No Logo Sheet Metal Workers' National Pension Fund, Plaintiff

Represented by Jennings Sigmond, PC

Name Phone Fax E-Mail
Space David Stephen Bahuriak, Jr. +1 215 351 0658 +1 215 922 3524 usdc-edva-erisa@jslex.com
v.
No Logo D & S Sheet Metal Works, Inc., Defendant
Attributes
Office Alexandria
Filed 10/20/2004
Jury Demand None
Demand $0
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 - Motion Before Trial
County Alexandria City
Terminated 11/23/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 28 Filed: 9/11/2006, Entered: 9/12/2006 Judgment*Court Filing
Consent Order and JUDGMENT is entered in favor of Pltf against Dft in the total sum of $37,238.81. This amount includes the following for each of the Funds:...; Dft's officers, agents, servants, employees, atty, and all persons acting on Dft's behalf or in conjunction with them shall be and hereby are restrained and enjoined from refusing to file complete, proper and timely remittance reports with accompanying contributions for all for all periods for which Dft is obligated to do so under the current and any future collective bargaining agreement(s) to which they are bound. SEe order for details. Signed by Judge Claude M. Hilton on 9/11/06. (agil, )
LREF
Blank 27 Filed: 9/5/2006, Entered: 9/8/2006 Stipulation
Joint STIPULATION for Entry of Consent Order and Judgment by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, D & S Sheet Metal Works, Inc., Sheet Metal Workers' National Pension Fund. (agil)
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Order on Motion for Default Judgment with OCR 26 Filed: 11/23/2005, Entered: 11/25/2005 Order on Motion for Default JudgmentCourt Filing
ORDER that pltf's [22] Motion for Default Judgment is GRANTED and that Pltf's are awarded the sum of $28,882.94. The dft shall make its financial records available for audit by Pltfs and is enjoined from violating the terms of Pltf's employee benefit plan or submitting untimely contributions and reports to Pltf.sSigned by Judge Claude M. Hilton on 11/23/05. c/s (agil) Additional attachment(s) added on 11/28/2005 (jwhe, ).
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Blank 25 Filed: 9/28/2005, Entered: 9/28/2005, Terminated: 11/23/2005 Report and RecommendationsCourt Filing
REPORT AND RECOMMENDATIONS re [22] MOTION for Default Judgment as to filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. Objections to R&R due by 10/13/2005. Signed by Judge Liam O'Grady on 9/28/05. Copies mailed; yes (sent to CMH)(jwhe, )
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Blank -- Filed: 8/12/2005, Entered: 8/12/2005 Motion Hearing
Minute Entry for proceedings held before Judge Liam O'Grady : Motion Hearing held on 8/12/2005 re [22] MOTION for Default Judgment as to filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund,, Sheet Metal Workers' National Pension Fund,, International Training Institute for the Sheet Metal and Air Conditioning Industry,, National Energy Management Institute Committee,, Sheet Metal Occupational Health Institute Trust Fund,. Appearances; of counsel for Pltf. ftr, recorder. Matter is UNCONTESTED. R and R to follow. (Tape #ftr.) (nbla, )
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Blank 24 Filed: 7/25/2005, Entered: 7/25/2005 Notice of Hearing on MotionCourt Filing
NOTICE of Hearing on Motion [22] MOTION for Default Judgment as to D & S Sheet Metal Works, Inc.: Motion Hearing set for 8/12/2005 10:00 AM before Magistrate Judge Liam O'Grady. (jwhe, )
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Blank 23 Filed: 7/25/2005, Entered: 7/25/2005 Memorandum in Support
Memorandum in Support of [22] MOTION for Default Judgment as to D & S Sheet Metal Works, Inc. filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Sheet Metal Workers' National Pension Fund. (jwhe, )
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Blank 22 Filed: 7/25/2005, Entered: 7/25/2005, Terminated: 11/23/2005 Motion for Default Judgment
MOTION for Default Judgment as to D & S Sheet Metal Works, Inc. by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Sheet Metal Workers' National Pension Fund. (jwhe, )
LREF
Blank -- Filed: 7/25/2005, Entered: 7/25/2005 Motions Referred
MOTIONS [22] MOTION for Default Judgment as to D & S Sheet Metal Works, Inc. REFERRED to Judge O'Grady. (jwhe, )
LREF
Blank 21 Filed: 7/21/2005, Entered: 7/21/2005 Clerks Entry of Default*
Clerk's ENTRY OF DEFAULT as to D & S Sheet Metal Works, Inc. (ltun )
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Blank 20 Filed: 7/20/2005, Entered: 7/20/2005, Terminated: 7/21/2005 Request for Entry of Default
Request for Entry of Default together with Declaration of David S. Bahuriak, Jr. by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Sheet Metal Workers' National Pension Fund, as to D & S Sheet Metal Works, Inc. (ltun )
LREF
Blank 19 Filed: 6/24/2005, Entered: 6/27/2005 Amended Complaint
AMENDED COMPLAINT against D & S Sheet Metal Works, Inc. , filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Sheet Metal Workers' National Pension Fund. (no form of service at this time) (agil)
LREF
Blank 18 Filed: 6/14/2005, Entered: 6/17/2005 OrderCourt Filing
Before the Court, without the necessity of oral argument, is Pltf's Praecipe to Withdraw Clerk's Entry of Default. ORDERED, the Clerk's Entry of Default is VACATED . Signed by Judge Liam O'Grady on 6/14/05. Copies mailed; yes(jcup, )
LREF
Blank 17 Filed: 6/9/2005, Entered: 6/9/2005 Notice
PRAECIPE to Withdraw Clerk's entry of default, entered April 18, 2005 by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Sheet Metal Workers' National Pension Fund (jcup, )
LREF
Blank 16 Filed: 6/9/2005, Entered: 6/9/2005 Withdrawal of Motion
Withdraw of Motion for Entry of Default Judgment, filed on April 15, 2005 by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Sheet Metal Workers' National Pension Fund (jcup, )
LREF
Blank -- Filed: 4/22/2005, Entered: 4/22/2005 Minutes-Miscellaneous
Minute entry: Magistrate Judge O'Grady. FTR system. Counsel for Pltf. This matter came on for a default hearing - matter uncontested and taken under consideration. Report and Recommendation to be issued. (avax)
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Blank 15 Filed: 4/18/2005, Entered: 4/18/2005 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to D & S Sheet Metal granting [13-1] request by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Entry of Default as to D & S Sheet Metal (jcup) (VACATED per Order of 6/14/05) Modified on 6/17/2005 to edit text(jcup, ).
LREF
Blank 14 Filed: 4/18/2005, Entered: 4/18/2005 Affidavit
Declaration of David S. Bahuriak, Jr. in re: [13-1] request by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Entry of Default as to D & S Sheet Metal (jcup)
LREF
Blank 13 Filed: 4/18/2005, Entered: 4/18/2005, Terminated: 4/18/2005 Request for Entry of Default
REQUEST by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Entry of Default as to D & S Sheet Metal (jcup)
LREF
Blank 12 Filed: 4/15/2005, Entered: 4/15/2005 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Liam O'Grady set for 10:00 4/22/05 for [11-1] motion by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Default Judgment against D & S Sheet Metal (clar)
LREF
Blank 11 Filed: 4/15/2005, Entered: 4/15/2005, Terminated: 11/23/2005 Motion for Default Judgment
MOTION by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Default Judgment against D & S Sheet Metal (clar)
LREF
Blank 10 Filed: 3/28/2005, Entered: 3/28/2005 OrderCourt Filing
ORDER granting [9-1] motion by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization to Continue Default Hearing set for 4/1/05, reset Default Hearing for 10:00 4/22/05 before Mag Judge Liam O'Grady ( signed by Mag Judge Liam O'Grady ) Copies Mailed: yes [EOD Date: 3/28/05] (jcup)
LREF
Blank 9 Filed: 3/25/2005, Entered: 3/25/2005, Terminated: 3/28/2005 Motion to Continue
MOTION by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization to Continue Default Hearing set for 4/1/05 (jcup)
LREF
Blank 8 Filed: 3/18/2005, Entered: 3/21/2005 OrderCourt Filing
ORDER granting [7-1] motion by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Continuance of Default Hearing set for 3/18/05, reset Default Hearing for 10:00 4/1/05 before Mag Judge Liam O'Grady ( signed by Mag Judge Liam O'Grady ) Copies Mailed: yes [EOD Date: 3/21/05] (jcup)
LREF
Blank 7 Filed: 3/18/2005, Entered: 3/18/2005, Terminated: 3/18/2005 Motion to Continue
MOTION by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization for Continuance of Default Hearing set for 3/18/05 (jcup)
LREF
Blank 6 Filed: 2/24/2005, Entered: 2/24/2005 OrderCourt Filing
ORDER that the ex parte proof of damages default hearing scheduled for 2/25/05 at 10:00 am, is hereby continued for a period of 21 days and rescheduled to be held on 3/18/05 at 10:00 am (see order for details) ( signed by Mag Judge Liam O'Grady ) Copies Mailed: Yes [EOD Date: 2/24/05] (kjon)
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Blank -- Filed: 2/24/2005, Entered: 2/24/2005 Set/Reset Deadlines:
Deadline updated; reset Default Hearing for 10:00 3/18/05 before Mag Judge Liam O'Grady (kjon)
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Blank 5 Filed: 2/23/2005, Entered: 2/23/2005, Terminated: 2/24/2005 Motion to Continue
MOTION by Sheet Metal Workers', Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Trng Institute, Nat'l Stabilization to Continue ex parte proof of damages from 2.25.05 to 3.18.05 (jcup)
LREF
Blank 4 Filed: 1/26/2005, Entered: 1/27/2005 OrderCourt Filing
ORDER, that this case is set for a hearing on ex parte proof of damages 2/25/05 at 10:00; Set Default Hearing for 10:00 2/25/05 before Mag Judge Liam O'Grady ( signed by Judge Claude M. Hilton ) Copies Mailed: 1/27/05 [EOD Date: 1/27/05] (karn)
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Blank 3 Filed: 11/26/2004, Entered: 11/29/2004 Summons Returned Executed
AFFIDAVIT of Service/SUMMONS Returned Executed as to D & S Sheet Metal 11/9/04 Answer due on 11/29/04 for D & S Sheet Metal (jcup)
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Blank 2 Filed: 10/20/2004, Entered: 10/20/2004 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Nat'l Stabilization, Intl Trng Institute, Natl Energy Mgmt, Sheet Mtl Occ Health, Sht Mtl Wrk, Ntl Pen (pmet)
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Blank 1 Filed: 10/20/2004, Entered: 10/20/2004 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 100 175923 (pmet) Modified on 10/21/2004
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Blank -- Filed: 10/20/2004, Entered: 10/20/2004 Summons Issued
SUMMONS(ES) issued & given to atty for service by SPS for D & S Sheet Metal (pmet)
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Blank -- Filed: 10/20/2004, Entered: 10/20/2004 Miscellaneous Document
CASE REFERRED to Mag Judge Liam O'Grady (pmet)
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