Nat'l Stabilization, et al v. Theshop, Inc.

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:04-cv-01283-LMB-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' International Association Scholarship 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 The Shop, Inc., Defendant
Attributes
Office Alexandria
Filed 10/25/2004
Jury Demand None
Demand $0
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1145 E.R.I.S.A.
Jurisdiction Federal Question
Disposition Judgment - Judgment on Default
County Alexandria City
Terminated 11/28/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 33 Filed: 11/28/2005, Entered: 11/29/2005 Default -JudgmentCourt Filing
DEFAULT JUDGMENT AND ORDER in the total sum of $12,102.66 is entered in favor of the Funds/Pltfs' and against the Deft, Theshop, Inc. (see Judgment Order for breakdown of Judgment amounts as to each of the Funds); Deft, its officers, agents, servants, employees, attorneys, and all persons acting on their behalf or in conjunction w/them shall be and hereby are restrained and enjoined from refusing to file complete, proper and timely remittance reports w/accompanying contributions for all periods for which Deft is obligated to do so under the current and any future collective bargaining agreement(s) to which it is bound; (see Judgment Order for details). Signed by Judge Leonie M. Brinkema on 11/28/05. Copies mailed: yes (pmil, )
LREF
Blank 32 Filed: 11/28/2005, Entered: 11/29/2005 Order on Motion for Default JudgmentCourt Filing
ORDER that the Court adopts the findings and conclusions of the Report as its own, and on this basis, pltfs' [25] Motion for Entry of Default Judgment is GRANTED and Pltfs' Default Judgment Order be and is entered. (see Order for details) Signed by Judge Leonie M. Brinkema on 11/28/05. Copies mailed: yes (pmil)
LREF
Blank 31 Filed: 10/27/2005, Entered: 10/27/2005, Terminated: 11/28/2005 Report and RecommendationsCourt Filing
REPORT AND RECOMMENDATIONS re: [25] MOTION for Default Judgment as to Theshop. Inc. by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund; Objections to R&R due by 11/10/2005. Signed by Judge Liam O'Grady on 10/27/05. Copies sent: yes. (File sent to LMB)(stas, )
LREF
Blank -- Filed: 9/30/2005, Entered: 9/30/2005 Motion Hearing
MOTION Hearing held before Magistrate Judge Barry R. Poretz. Appearances: Counsel for Pltf. This matter came on for Pltf's. Motion for default judgment - Matter uncontested and taken under advisement. Report & Recommendation to follow. (FTR) (jsch)
LREF
Blank -- Filed: 9/28/2005, Entered: 9/28/2005 set motion and R&R; deadlines/hearings
Reset Deadlines as to [25] MOTION for Default Judgment as to Theshop Inc. Motion Hearing set for 9/30/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (Per LO chambers) (clar, )
LREF
Blank 30 Filed: 9/27/2005, Entered: 9/27/2005 Clerks Entry of Default*
Clerk's ENTRY OF DEFAULT as to Theshop, Inc. (Copies mailed: yes) (pmil)
LREF
Blank 29 Filed: 9/26/2005, Entered: 9/27/2005 Affidavit
DECLARATION of David S. Bahuriak, Jr., counsel for Pltfs in Support of [28] Request for Entry of Default by Pltfs. (pmil)
LREF
Blank 28 Filed: 9/23/2005, Entered: 9/27/2005 Request for Entry of Default
Request for Entry of Default by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund as to Theshop, Inc. (pmil)
LREF
Blank 27 Filed: 9/23/2005, Entered: 9/26/2005 Notice of Hearing on MotionCourt Filing
NOTICE of Hearing on Motion [25] MOTION for Default Judgment as to Theshop. Inc.: Motion Hearing set for 9/30/2005 10:00 AM before Honorable Magistrate Judge Liam O'Grady. (clar, )
LREF
Blank 26 Filed: 9/23/2005, Entered: 9/26/2005 Memorandum in Support
Memorandum in Support of [25] MOTION for Default Judgment as to Theshop. Inc. filed by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund. (clar, )
LREF
Blank 25 Filed: 9/23/2005, Entered: 9/26/2005, Terminated: 11/28/2005 Motion for Default Judgment
MOTION for Default Judgment as to Theshop. Inc. by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund. (clar, )
LREF
Blank -- Filed: 9/23/2005, Entered: 9/26/2005 Motions Referred
MOTIONS [25] MOTION for Default Judgment as to Theshop. Inc. REFERRED to Judge O'Grady. (clar, )
LREF
Blank 24 Filed: 6/27/2005, Entered: 6/28/2005 Amended Complaint
AMENDED COMPLAINT against Theshop, Inc. , filed by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund.(pmet, )
LREF
Blank 23 Filed: 6/14/2005, Entered: 6/17/2005 Order on Motion to WithdrawCourt Filing
ORDER granting [22] Praecipe to Withdraw Clerk's Entry of Default. Signed by Judge Liam O'Grady on 06/14/05. c/s (pmet, )
LREF
Blank 22 Filed: 6/9/2005, Entered: 6/10/2005, Terminated: 6/14/2005 Motion to Withdraw
Praecipe/MOTION to Withdraw [20] Clerk's Entry of Default by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund. (pmet, )
LREF
Blank 21 Filed: 6/9/2005, Entered: 6/10/2005 Withdrawal of Motion
Praecipe to Withdraw Motion for entry of default, by Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' International Association Scholarship Fund, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, National Stabilization Agreement of the Sheet Metal Industry Trust Fund (pmet, )
LREF
Blank -- Filed: 4/22/2005, Entered: 4/22/2005 Minutes-Miscellaneous
Minute entry: Magistrate Judge O'Grady. Appearances: Counsel for Pltf. FTR system. This matter came on for a default hearing - matter uncontested and taken under consideration. Report and Recommendation to be issued. (avax)
LREF
Blank 20 Filed: 4/18/2005, Entered: 4/18/2005 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to Theshop, Inc. granting [18-1] motion by plaintiffs for Clerk to Enter Default as to Theshop, Inc. (pmet)
LREF
Blank 19 Filed: 4/18/2005, Entered: 4/18/2005 Affidavit
Declaration by David Bahuriak, Jr. [18-1] motion by plaintiffs for Clerk to Enter Default as to Theshop, Inc. (pmet)
LREF
Blank 18 Filed: 4/18/2005, Entered: 4/18/2005, Terminated: 4/18/2005 Request for Entry of Default
REQUEST by plaintiffs for Clerk to Enter Default as to Theshop, Inc. (pmet)
LREF
Blank 17 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 [16-1] motion by plaintiffs for Default Judgment against Theshop, Inc. (clar)
LREF
Blank 16 Filed: 4/15/2005, Entered: 4/15/2005, Terminated: 11/28/2005 Motion for Default Judgment
MOTION by plaintiffs for Default Judgment against Theshop, Inc. (clar)
LREF
Blank 15 Filed: 3/28/2005, Entered: 3/28/2005 OrderCourt Filing
ORDER granting [14-1] motion by plaintiffs' to Continue the Ex Parte Proof of Damages Hearing/Default Hearing scheduled for 04/01/05 at 10:00 a.m. to 04/22/05 at 10:00 a.m., reset Default Hearing for 10:00 4/22/05 before Mag Judge Liam O'Grady ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y [EOD Date: 3/28/05] (pmet)
LREF
Blank 14 Filed: 3/25/2005, Entered: 3/25/2005, Terminated: 3/28/2005 Motion to Continue
MOTION by plaintiffs' to Continue the Ex Parte Proof of Damages Hearing/Default Hearing scheduled for 04/01/05 at 10:00 a.m. to 04/22/05 at 10:00 a.m. (pmil)
LREF
Blank 13 Filed: 3/18/2005, Entered: 3/18/2005 OrderCourt Filing
ORDER granting [12-1] motion by plaintiffs' to Continue the Ex Parte Proof of Damages Default Hearing scheduled for 03/18/05 at 10:00 a.m. to 04/01/05 at 10:00 a.m. (signed by Mag Judge Liam O'Grady) Copies Mailed: yes [EOD Date: 3/18/05] (stas)
LREF
Blank 12 Filed: 3/18/2005, Entered: 3/18/2005, Terminated: 3/18/2005 Motion to Continue
MOTION by plaintiffs' to Continue the Ex Parte Proof of Damages Default Hearing scheduled for 03/18/05 at 10:00 a.m. to 04/01/05 at 10:00 a.m. (pmil)
LREF
Blank -- Filed: 3/18/2005, Entered: 3/18/2005 Set/Reset Deadlines:
Per Order of 03/18/05 Deadline updated; reset Default Hearing for 10:00 4/1/05 before Mag Judge Liam O'Grady (stas)
LREF
Blank -- Filed: 3/17/2005, Entered: 3/17/2005 Docket Annotation
Per LO chambers motions set for 3/18/05 have been removed (clar)
LREF
Blank 11 Filed: 2/16/2005, Entered: 2/17/2005 OrderCourt Filing
ORDER, that a hearing for ex parte proof of damages be held before Mag Judge Liam O'Grady on Friday, March 18, 2005 at 10:00 a.m. (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 2/17/05] (stas)
LREF
Blank 10 Filed: 1/21/2005, Entered: 1/26/2005 Summons Returned Executed
AMENDED AFFIDAVIT OF SERVICE/SUMMONS Returned Executed as to Theshop, Inc. 1/13/05 Answer due on 2/2/05 for Theshop, Inc. (pmil)
LREF
Blank 8 Filed: 12/20/2004, Entered: 12/20/2004 OrderCourt Filing
ORDER, before the court is a letter from pltfs, in which they explain that they do not believe the deft was served. Accordingly, it is hereby ORDERED Vacating [7-1] order set Default Hearing for ex parte proof of damages 10:00 1/7/05 before Mag Judge Liam O'Grady The clerk is directed to remove the hearing for ex parte proof of damages set for Friday, January 7, 2005, at 10:00 a.m.; docket pltfs letter as a motion to vacate order, and forward copies of this order to counsel of record for pltfs and to deft at the address listed in the case filed by certified mail, return receipt requested. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 12/20/04] (mcke)
LREF
Blank 9 Filed: 12/16/2004, Entered: 12/20/2004 Motion to VacateCourt Filing
MOTION by plaintiffs to Vacate [7-1] order set Default Hearing for ex parte proof of damages 10:00 1/7/05 before Mag Judge Liam O'Grady (mcke)
LREF
Blank 7 Filed: 12/10/2004, Entered: 12/10/2004 OrderCourt Filing
ORDER, set Default Hearing for ex parte proof of damages 10:00 1/7/05 before Mag Judge Liam O'Grady ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes copy sent by certified mail to deft [EOD Date: 12/10/04] (mcke)
LREF
Blank 6 Filed: 12/10/2004, Entered: 12/10/2004 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to Theshop, Inc. granting [4-1] motion by Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Assoc Scholar, Intl Trng Institute, Sheet Metal Workers' for Entry of Default as to Theshop, Inc. (mcke)
LREF
Blank 5 Filed: 12/9/2004, Entered: 12/10/2004 Affidavit
Declaration of David S. Bahuriak, Jr in support of [4-1] motion by Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Assoc Scholar, Intl Trng Institute, Sheet Metal Workers' for Entry of Default as to Theshop, Inc. (mcke)
LREF
Blank 4 Filed: 12/9/2004, Entered: 12/10/2004 Request for Entry of Default
REQUEST by Sheet Mtl Occ Health, Natl Energy Mgmt, Intl Assoc Scholar, Intl Trng Institute, Sheet Metal Workers' for Entry of Default as to Theshop, Inc. (mcke)
LREF
Blank 3 Filed: 11/19/2004, Entered: 11/22/2004 Summons Returned Executed
SUMMONS Returned Executed as to Theshop, Inc. 11/12/04 Answer due on 12/2/04 for Theshop, Inc. (mcke)
LREF
Blank 2 Filed: 10/25/2004, Entered: 10/27/2004 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by National Stabilizati, Sheet Metal Workers', Intl Trng Institute, Intl Assoc Scholar, Natl Energy Mgmt, Sheet Mtl Occ Health (klau)
LREF
Blank 1 Filed: 10/25/2004, Entered: 10/27/2004 Complaint
COMPLAINT Filing Fee $ 150 Receipt # 175994 (klau)
LREF
Blank -- Filed: 10/25/2004, Entered: 10/27/2004 Miscellaneous Document
CASE REFERRED to Mag Judge Liam O'Grady (klau)
LREF
Blank -- Filed: 10/25/2004, Entered: 10/27/2004 Summons Issued
SUMMONS(ES) issued and given to attorney for service by SPS as to defendant Theshop, Inc. (klau)
LREF

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