Nat'l Stabilization, et al v. Design Balance, Inc.

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:05-cv-00351-CMH-BRP
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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 Design Balance, Inc., Defendant

Represented by SLEVIN & HART, PC

Name Phone Fax E-Mail
Space Curtis Wayne Owen, Jr. +1 202 797 8700
Attributes
Office Alexandria
Filed 3/30/2005
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 - Judgment on Default
County Alexandria City
Terminated 2/7/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (26) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Default -Judgment with OCR 18 Filed: 2/7/2006, Entered: 2/8/2006 Default -JudgmentCourt Filing
ORDERED that (1) default judgment is entered against Design Balance, Inc. and Plaintiffs are awarded the sum of $14,622.81 (2) Plaintiffs are entitled to an audit of all Defendant's records, and (3) Defendant is enjoined from voilating the terms of the current collective bargaining agreement(s) between Defendant and the Sheet Metal Workers' International Association. Signed by Judge Claude M. Hilton on 2/7/06. Copies mailed; 2/8/06(jwhe, ) Additional attachment(s) added on 4/12/2006 (kbar, ).
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Blank -- Filed: 12/8/2005, Entered: 12/12/2005 Order
SO ORDERED re [16] NOTICE of Withdrawal of Appearance by Andrew S. Cabana as to 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. Signed by Judge Claude M. Hilton on 12/8/05. (nhall, )
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Blank 17 Filed: 12/5/2005, Entered: 12/6/2005 Report and RecommendationsCourt Filing
REPORT AND RECOMMENDATIONS re [5] MOTION for Default Judgment 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 12/19/2005 (File sent to CMH). Signed by Judge Barry R. Poretz on 12/5/05. (ltun, )
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Blank 16 Filed: 12/1/2005, Entered: 12/2/2005 Notice
NOTICE of Withdrawal of Appearance by Andrew S. Cabana as to 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 (nhall, )
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Blank 15 Filed: 10/21/2005, Entered: 10/21/2005 Notice of Appearance
NOTICE of Attorney Appearance by Andrew Steven Cabana on behalf of all plaintiffs (jsch)
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Blank 14 Filed: 10/21/2005, Entered: 10/21/2005 Notice of Appearance
NOTICE of Appearance by Andrew Steven Cabana on behalf of 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 (jwhe, )
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Blank -- Filed: 10/21/2005, Entered: 10/21/2005 Motion Hearing
MOTION Hearing held before Magistrate Judge Barry R. Poretz on 10/21/2005. Appearances: Counsel for Pltf. Atty. Andrew Cabana entered his appearance. This matter came on for a Motion for Default Judgment as to Design Balance, Inc. 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 - Matter uncontested and taken under advisement. Report & Recommendation to follow. (FTR) (jsch)
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Blank 13 Filed: 9/30/2005, Entered: 9/30/2005 Notice of Hearing on MotionCourt Filing
NOTICE of Hearing on [5] MOTION for Default Judgment as to Design Balance, Inc.: Motion Hearing set for 10/21/2005 10:00 AM before Magistrate Judge Barry R. Poretz. (jwhe, )
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Blank 12 Filed: 9/30/2005, Entered: 9/30/2005 Clerks Entry of Default*
Clerk's ENTRY OF DEFAULT as to Design Balance, Inc. (jwhe, )
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Blank 11 Filed: 9/30/2005, Entered: 9/30/2005 Affidavit
DECLARATION of David S. Bahuriak, Jr. in support of [10] Request for Entry of Default 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 as to Design Balance, Inc. (jwhe, )
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Blank 10 Filed: 9/30/2005, Entered: 9/30/2005, Terminated: 2/7/2006 Request for Entry of Default
Request to Entry Default pursuant to FRCP 55(a) 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 as to Design Balance, Inc. (jwhe, )
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Blank 9 Filed: 9/29/2005, Entered: 9/30/2005 OrderCourt Filing
ORDERED - Plaintiff's motion for default judgment (Dkt.no.8) is REMOVED from this Court's September 30, 2005 docket. To seek a default judgment, Plaintiff must first obtain a default, and if entered, file a motion for default judgment along with a notice of hearing . Signed by Judge Barry R. Poretz on 9/29/05. Copies mailed; yes(jwhe, )
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Blank -- Filed: 9/29/2005, Entered: 9/29/2005 Remark
Per BRP chambers motions set for 9/30/05 have been removed (clar, )
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Blank -- Filed: 9/1/2005, Entered: 9/1/2005 set motion and R&R; deadlines/hearings
Per BRP chambers Reset Deadlines as to [5] MOTION for Default Judgment as to. Motion Hearing set for 9/30/2005 10:00 AM before Honorable Magistrate Barry R. Poretz. (jwhe, )
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Blank -- Filed: 8/24/2005, Entered: 8/24/2005 set motion and R&R; deadlines/hearings
Reset Deadlines as to [5] MOTION for Default Judgment as to. Motion Hearing set for 9/2/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, )
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Blank 8 Filed: 8/19/2005, Entered: 8/29/2005 Memorandum in Support
Memorandum of Law in Support of [5] MOTION for Default Judgment 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. (jwhe, )
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Blank 7 Filed: 8/19/2005, Entered: 8/22/2005 Notice of Hearing on MotionCourt Filing
NOTICE of Hearing on Motion [5] MOTION for Default Judgment as to Design Balance, Inc.: Motion Hearing set for 8/26/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, )
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Blank 6 Filed: 8/19/2005, Entered: 8/22/2005 Memorandum in Support
Memorandum of law in Support of [5] MOTION for Default Judgment as to Design Balance, Inc. 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. (large pleading) (clar, )
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Blank 5 Filed: 8/19/2005, Entered: 8/22/2005 Motion for Default Judgment
MOTION for Default Judgment as to Design Balance, Inc. 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. (clar, )
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Blank -- Filed: 8/19/2005, Entered: 8/22/2005 Motions Referred
MOTIONS [5] MOTION for Default Judgment as to REFERRED to Judge Poretz. (clar, )
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Blank 4 Filed: 5/6/2005, Entered: 5/9/2005 Summons Returned Executed
AFFIDAVIT OF SERVICE/SUMMONS Returned Executed as to Design Balance, Inc. served on 4/14/2005, answer due 5/4/2005. (karn, )
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Blank 3 Filed: 5/6/2005, Entered: 5/6/2005 Amended Complaint
AMENDED COMPLAINT 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 against Design Balance, Inc. (jcup, )
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Blank 2 Filed: 3/30/2005, Entered: 3/30/2005 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Nat'l Stabilization, Sheet Metal Workers', Intl Trng Institute, Natl Energy Mgmt, Sheet Mtl Occ Health (ctat)
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Blank 1 Filed: 3/30/2005, Entered: 3/30/2005 Complaint
COMPLAINT Filing Fee $ 250.00 Receipt # 100 179427 (ctat) Modified on 03/31/2005
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Blank -- Filed: 3/30/2005, Entered: 3/30/2005 Summons Issued
SUMMONS(ES) issued for Design Balance, Inc. for service by SPS (ctat)
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Blank -- Filed: 3/30/2005, Entered: 3/30/2005 Miscellaneous Document
CASE REFERRED to Mag Judge Barry R. Poretz (ctat)
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