Rust v. Electrical Workers Local No. 26 Pension Trust Fund

Federal Civil Lawsuit Virginia Western District Court, Case No. 3:10-cv-00029-NKM -BWC
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Parties
No Logo Edwin J. Rust, Plaintiff

Represented by Constangy Brooks & Smith, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jonathan Stuart Hubbard +1 804 697 1406 +1 804 698 5186 jon.hubbard@troutmansanders.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen Charles Piepgrass +1 804 697 1320 +1 804 698 5147 stephen.piepgrass@troutmansanders.com

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Anthony F. Troy +1 804 788 7751 +1 804 698 2950 ttroy@eckertseamans.com
v.
No Logo Electrical Workers Local No. 26 Pension Trust Fund, Defendant

Represented by DAVIDSON & KITZMANN, PLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED John E. Davidson +1 434 972 9600 +1 434 220 0011 jed@dklawyers.com

Represented by McChesney and Dale PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY William Dale +1 301 805 6080 +1 301 805 6086
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Charles Fuller +1 301 805 6080 +1 301 805 6086
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Eric Jason Wexler +1 301 805 6080 +1 301 805 6086 eric@dalelaw.com
No Logo Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, Defendant

Represented by DAVIDSON & KITZMANN, PLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED John E. Davidson +1 434 972 9600 +1 434 220 0011 jed@dklawyers.com

Represented by McChesney and Dale PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY William Dale +1 301 805 6080 +1 301 805 6086
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Charles Fuller +1 301 805 6080 +1 301 805 6086
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Eric Jason Wexler +1 301 805 6080 +1 301 805 6086 eric@dalelaw.com
Attributes
Citation Section 29 U.S.C. § 1132
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (117) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 116 Filed: 8/14/2012, Entered: None Unknown Document TypeCourt Filing
ORDER denying as moot 80 Motion for Attorney Fees; denying as moot 102 Motion for Attorney Fees; terminating 111 Report and Recommendations. Signed by Judge Norman K. Moon on 8/14/12. (hnw)
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Legal Document (Payment Possibly Required) 115 Filed: 7/12/2012, Entered: None Unknown Document Type
MANDATE of USCA as to 105 Notice of Appeal, filed by Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, Electrical Workers Local No. 26 Pension Trust Fund (hnw)
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Legal Document (Payment Possibly Required) 114 Filed: 7/12/2012, Entered: None Unknown Document Type
ORDER of USCA as to 105 Notice of Appeal, filed by Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, Electrical Workers Local No. 26 Pension Trust Fund Dismissing this appeal upon consideration of the stipulated motion to voluntarily dismiss (hnw)
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Legal Document (Payment Possibly Required) 113 Filed: 6/27/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 112 Motion for Extension of Time to File objections to R & R. Objections due on or before 7/12/12 with responses due 14 days thereafter. Signed by Magistrate Judge B. Waugh Crigler on 6/27/12. (hnw)
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Legal Document (Payment Possibly Required) 112 Filed: 6/26/2012, Entered: None Unknown Document Type
Consent MOTION for Extension of Time to File Objections to Magistrate's Report and Recommendation by Electrical Workers Local No. 26 Pension Trust Fund.Motions referred to B. Waugh Crigler. (Davidson, John)
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Legal Document (Payment Possibly Required) 111 Filed: 6/14/2012, Entered: None Unknown Document TypeCourt Filing
REPORT AND RECOMMENDATIONS re 80 MOTION for Attorney Fees and Costs filed by Edwin J. Rust, 102 Supplemental MOTION for Attorney Fees award of "fees-on-fees" filed by Edwin J. Rust Objections to R&R due by 7/2/2012. Signed by Magistrate Judge B. Waugh Crigler on 6/14/12. (hnw)
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Legal Document (Payment Possibly Required) 110 Filed: 5/8/2012, Entered: None Unknown Document Type
Notice of Correction re 105 Notice of Appeal, Certificate of Service omitted from Notice (hnw)
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Legal Document (Payment Possibly Required) 109 Filed: 5/7/2012, Entered: None Unknown Document Type
NOTICE of Docketing Record on Appeal from USCA re 105 Notice of Appeal, filed by Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, Electrical Workers Local No. 26 Pension Trust Fund. USCA Case Number 12-1599. Case Manager Donna Lett (hnw)
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Legal Document (Payment Possibly Required) 108 Filed: 5/4/2012, Entered: None Unknown Document Type
Letter for informing the Court that Fee Petition and Fee-on-Fee Petition may be decided on the pleadings without oral argument by Edwin J. Rust. (Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 107 Filed: 5/4/2012, Entered: None Unknown Document Type
Transmittal of Notice of Appeal to 4CCA re 105 Notice of Appeal, NOTE: The Docketing Statement, Transcript Order Form and CJA-24(s) forms (if you are court appointed counsel) are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24(s) are applicable, complete items 1-14, 18 for each court reporter from whom you wish to order a transcript, and file each one separately in this case with the event Appeal Transcript - Proposed CJA 24. The CJA-24 forms will then be processed by the U.S. District Court Clerk's Office. (hnw)
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Legal Document (Payment Possibly Required) 106 Filed: 5/3/2012, Entered: None Unknown Document Type
REPLY to Response to Motion re 102 Supplemental MOTION for Attorney Fees award of "fees-on-fees". filed by Edwin J. Rust. (Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 105 Filed: 5/1/2012, Entered: None Unknown Document Type
NOTICE OF APPEAL as to 83 Judgment, 100 Order on Motion to Amend/Correct by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. Filing fee $ 455, receipt number 0423-1531896. (Wexler, Eric) (Additional attachment(s) added on 5/8/2012: # 1 Certificate of Service) (hnw).
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Legal Document (Payment Possibly Required) 104 Filed: 4/27/2012, Entered: None Unknown Document Type
Response re 103 Reply to Response to Motion, 102 Supplemental MOTION for Attorney Fees award of "fees-on-fees" filed on behalf of all Defendants. filed by Electrical Workers Local No. 26 Pension Trust Fund. (Attachments: # 1 Affidavit Exhibit A, Second Affidavit)(Davidson, John)
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Legal Document (Payment Possibly Required) 103 Filed: 4/19/2012, Entered: None Unknown Document Type
REPLY to Response to Motion re 80 MOTION for Attorney Fees and Costs, 102 Supplemental MOTION for Attorney Fees award of "fees-on-fees" Supporting Memorandum. filed by Edwin J. Rust. (Attachments: # 1 Affidavit of Anthony F. Troy, # 2 Exhibit A - Chart of Fees and Costs Requests in "Fee-on-Fee" Petition)(Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 102 Filed: 4/19/2012, Entered: None Unknown Document Type
Supplemental MOTION for Attorney Fees award of "fees-on-fees" by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 101 Filed: 4/19/2012, Entered: None Unknown Document Type
Notice of Correction re 99 Memorandum Opinion, clerk replaced document for correction of typographical error in opinion. (hnw)
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Legal Document (Payment Possibly Required) 100 Filed: 4/9/2012, Entered: None Unknown Document TypeCourt Filing
ORDER denying 85 Motion to Amend/Correct. Signed by Judge Norman K. Moon on 4/9/12. (hnw)
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Legal Document (Payment Possibly Required) 99 Filed: 4/9/2012, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 4/9/12. (hnw) (Main Document 99 replaced on 4/19/2012) (hnw).
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Legal Document (Payment Possibly Required) 98 Filed: 12/27/2011, Entered: None Unknown Document Type
Letter for informing the Court that Plaintiff believes that Defendants' Rule 59 Motion can be decided on the pleadings, without oral argument by Edwin J. Rust. (Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 97 Filed: 12/22/2011, Entered: None Unknown Document Type
REPLY to Response to Motion re 85 MOTION to Amend/Correct 83 Judgment. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Wexler, Eric)
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Legal Document (Payment Possibly Required) 96 Filed: 12/14/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 95 Motion for Extension of Time to File Response/Reply re 85 MOTION to Amend/Correct 83 Judgment Reply Brief due by 12/22/2011.. Signed by Magistrate Judge B. Waugh Crigler on 12/14/11. (hnw)
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Legal Document (Payment Possibly Required) 95 Filed: 12/13/2011, Entered: None Unknown Document Type
MOTION for Extension of Time to File Response/Reply as to 94 Brief / Memorandum in Opposition, by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.Motions referred to B. Waugh Crigler. (Davidson, John)
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Legal Document (Payment Possibly Required) 94 Filed: 12/8/2011, Entered: None Unknown Document Type
Brief / Memorandum in Opposition re 85 MOTION to Amend/Correct 83 Judgment. filed by Edwin J. Rust. (Attachments: # 1 Exhibit A - "Damages Calculation", # 2 Exhibit B - Excerpt from Summary Judgment Hearing Transcript)(Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 93 Filed: 12/8/2011, Entered: None Unknown Document Type
AFFIDAVIT re 91 Order of 12/01/2011, paragraph 2, correcting Exhibit A to Troy Declaration (Docket No. 81-2) by Edwin J. Rust. (Attachments: # 1 Exhibit A (Revised), # 2 Exhibit B)(Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 92 Filed: 12/1/2011, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Magistrate Judge B. Waugh Crigler: Telephonic Status Conference held on 12/1/2011. (Court Reporter None.) (hnw)
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Legal Document (Payment Possibly Required) 91 Filed: 12/1/2011, Entered: None Unknown Document TypeCourt Filing
ORDER staying all proceedings relating to the petition for attorney's fees and costs except to the extent as more fully set forth in said order. Signed by Magistrate Judge B. Waugh Crigler on 12/1/11. (hnw)
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Legal Document (Payment Possibly Required) 90 Filed: 11/30/2011, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing: TELEPHONIC Status Hearing set for 12/1/2011 11:00 AM in Charlottesville before Magistrate Judge B. Waugh Crigler. No Court Reporter Required. Parties will receive dial in instructions for the conference call(hnw)
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Legal Document (Payment Possibly Required) 89 Filed: 11/23/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 88 MOTION for Extension of Time to File Response/Reply as to 86 Brief / Memorandum in Support of 85 Motion to Amend /Correct Judgment and, 87 Brief / Memorandum in Opposition to 80 MOTION for Attorney Fees and Costs Responses due by 12/8/2011 Replies due by 12/8/2011.. Signed by Judge Norman K. Moon on 11/23/11. (hnw)
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Legal Document (Payment Possibly Required) 88 Filed: 11/23/2011, Entered: None Unknown Document Type
MOTION for Extension of Time to File Response/Reply as to 86 Brief / Memorandum in Support, 87 Brief / Memorandum in Opposition, by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 87 Filed: 11/21/2011, Entered: None Unknown Document Type
Brief / Memorandum in Opposition re 80 MOTION for Attorney Fees and Costs. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Attachments: # 1 Affidavit of John E. Davidson, Esq.)(Davidson, John)
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Legal Document (Payment Possibly Required) 86 Filed: 11/21/2011, Entered: None Unknown Document Type
Brief / Memorandum in Support re 85 MOTION to Amend/Correct 83 Judgment. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Davidson, John)
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Legal Document (Payment Possibly Required) 85 Filed: 11/21/2011, Entered: None Unknown Document Type
MOTION to Amend/Correct 83 Judgment by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Davidson, John) Modified on 11/28/2011 (hnw).
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Legal Document (Payment Possibly Required) 84 Filed: 10/27/2011, Entered: None Unknown Document TypeCourt Filing
ORDER REFERRING MOTION: 80 MOTION for Attorney Fees and Costs filed by Edwin J. Rust Motions referred to B. Waugh Crigler.. Signed by Judge Norman K. Moon on 10/27/11. (hnw)
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Legal Document (Payment Possibly Required) 83 Filed: 10/25/2011, Entered: None Unknown Document TypeCourt Filing
JUDGMENT in favor of Edwin J. Rust against Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. Signed by Judge Norman K. Moon on 10/25/11. (hnw)
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Legal Document (Payment Possibly Required) 82 Filed: 10/24/2011, Entered: None Unknown Document TypeCourt Filing
ORDER giving defendant's until 11/21/11 to file any opposition's to plaintiff's motion for attorney's fee and costs. Signed by Magistrate Judge B. Waugh Crigler on 10/24/11. (hnw)
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Legal Document (Payment Possibly Required) 81 Filed: 10/21/2011, Entered: None Unknown Document Type
Brief / Memorandum in Support re 80 MOTION for Attorney Fees and Costs. filed by Edwin J. Rust. (Attachments: # 1 Affidavit of Anthony F. Troy, # 2 Exhibit A to Troy Decl. - Schedule of Fees and Costs, # 3 Exhibit B to Troy Decl. - Attorney Bios, # 4 Exhibit C to Troy Decl. - Transcript Excerpt, # 5 Affidavit of Robert D. Seabolt, # 6 Affidavit of William R. Rakes)(Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 80 Filed: 10/21/2011, Entered: None Unknown Document Type
MOTION for Attorney Fees and Costs by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 79 Filed: 10/14/2011, Entered: None Unknown Document Type
NOTICE by Edwin J. Rust of Filing of Proposed Order of Judgment (Attachments: # 1 Text of Proposed Order of Judgment)(Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 78 Filed: 10/13/2011, Entered: None Unknown Document Type
NOTICE of Appearance by Stephen Charles Piepgrass on behalf of Edwin J. Rust (Piepgrass, Stephen)
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Legal Document (Payment Possibly Required) 77 Filed: 10/13/2011, Entered: None Unknown Document Type
NOTICE by Edwin J. Rust of Withdrawal of Counsel (Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 76 Filed: 10/12/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 74 Motion for Extension of Time to File a proposed judgment order and petition for attorney's fees and costs. Signed by Magistrate Judge B. Waugh Crigler on 10/12/11. (hnw)
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Legal Document (Payment Possibly Required) 75 Filed: 10/11/2011, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings: Motions Hearing held on May 26, 2011 before Judge Norman K. Moon. Court Reporter/Transcriber Sonia Ferris, Telephone number SoniaF@vawd.uscourts.gov 434.296.9284 Ext. 4. NOTICE RE REDACTION OF TRANCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2011. Redacted Transcript Deadline set for 11/14/2011. Release of Transcript Restriction set for 1/9/2012. (sf)
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Legal Document (Payment Possibly Required) 74 Filed: 10/11/2011, Entered: None Unknown Document Type
Consent MOTION for Extension of Time to File Judgment Order and Petition for Attorneys' Fees and Costs by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Attachments: # 1 Text of Proposed Order Agreed Order)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 73 Filed: 9/29/2011, Entered: None Unknown Document TypeCourt Filing
ORDER denying 38 Motion for Summary Judgment; granting 40 Motion for Summary Judgment; denying 46 Motion to Strike ; denying 51 Motion to Strike; as more fully set forth in the accompanying memorandum opinion 72 . Signed by Judge Norman K. Moon on 9/29/11. (hnw)
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Legal Document (Payment Possibly Required) 70 Filed: 5/26/2011, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Judge Norman K. Moon: Motion Hearing held on 5/26/2011 re 46 MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire filed by Edwin J. Rust, 38 MOTION for Summary Judgment filed by Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, Electrical Workers Local No. 26 Pension Trust Fund, 40 MOTION for Summary Judgment filed by Edwin J. Rust, 51 MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda filed by Edwin J. Rust. (Court Reporter Sonia Ferris.) (hnw)
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Legal Document (Payment Possibly Required) 69 Filed: 5/5/2011, Entered: None Unknown Document Type
NOTICE by Edwin J. Rust of Supplemental Authority Regarding Plaintiff's Claim for Statutory Damages Pursuant to ERISA, 29 U.S.C. ?? 1132(c)(1) (Attachments: # 1 Exhibit A)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 68 Filed: 4/20/2011, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing on Motion 46 MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire, 40 MOTION for Summary Judgment, 51 MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda, 38 MOTION for Summary Judgment : Motion Hearing reset for 5/26/2011 11:00 AM in Charlottesville before Judge Norman K. Moon. (hnw)
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Legal Document (Payment Possibly Required) 67 Filed: 4/18/2011, Entered: None Unknown Document Type
Notice of Cancellation of Motion Hearing on April 20, 2011 at 11:00 am. Hearing had not been rescheduled at this time. (hnw)
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Legal Document (Payment Possibly Required) 66 Filed: 4/15/2011, Entered: None Unknown Document Type
MOTION to Continue Motions Hearing of April 20, 2011 by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.Motions referred to B. Waugh Crigler. (Wexler, Eric)
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Legal Document (Payment Possibly Required) 65 Filed: 4/8/2011, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings: Telephonic Motion Hearing held on March 28, 2011, before Judge B. Waugh Crigler. Court Reporter/Transcriber Carol Jacobs, Telephone number carolj@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (cj)
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Legal Document (Payment Possibly Required) 64 Filed: 4/1/2011, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund for proceedings held on 3/28/11 transcribed by Court Reporter Carol Jacobs before Judge B. Waugh Crigler.. (hnw) Modified on 4/1/2011 to correct Court reporter(hnw).
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Legal Document (Payment Possibly Required) 63 Filed: 3/28/2011, Entered: None Unknown Document Type
AMENDED COMPLAINT (SECOND) against Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, filed by Edwin J. Rust.(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 62 Filed: 3/28/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 48 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge B. Waugh Crigler on 3/28/11. (hnw)
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Legal Document (Payment Possibly Required) 61 Filed: 3/28/2011, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Magistrate Judge B. Waugh Crigler: Telephonic Motion Hearing held on 3/28/2011 re 48 MOTION for Leave to File Second Amended Complaint filed by Edwin J. Rust. (Court Reporter Carol Jacobs.) (jcj)
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Legal Document (Payment Possibly Required) 60 Filed: 3/22/2011, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing on Motion 46 MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire, 40 MOTION for Summary Judgment, 51 MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda, 38 MOTION for Summary Judgment : Motion Hearing RESET for 4/20/2011 11:00 AM in Charlottesville before Judge Norman K. Moon. (hnw) Modified on 3/28/2011 (hnw).
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Legal Document (Payment Possibly Required) 59 Filed: 3/21/2011, Entered: None Unknown Document Type
RESPONSE in Opposition re 51 MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Wexler, Eric)
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Legal Document (Payment Possibly Required) 58 Filed: 3/18/2011, Entered: None Unknown Document Type
Notice of Cancellation of Bench Trial April 18, 2011 at 9:30 am (hnw)
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Legal Document (Payment Possibly Required) 57 Filed: 3/18/2011, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing on Motion 46 MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire, 40 MOTION for Summary Judgment, 51 MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda, 38 MOTION for Summary Judgment : Motion Hearing set for 4/6/2011 11:00 AM in Charlottesville before Judge Norman K. Moon. (hnw)
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Legal Document (Payment Possibly Required) 56 Filed: 3/16/2011, Entered: None Unknown Document Type
RESPONSE in Opposition re 46 MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Wexler, Eric)
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Legal Document (Payment Possibly Required) 55 Filed: 3/16/2011, Entered: None Unknown Document Type
RESPONSE in Opposition re 48 MOTION for Leave to File Second Amended Complaint. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Wexler, Eric)
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Legal Document (Payment Possibly Required) 54 Filed: 3/16/2011, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing on Motion 48 MOTION for Leave to File Second Amended Complaint : Motion Hearing set for 3/28/2011 10:00 AM in Charlottesville before Magistrate Judge B. Waugh Crigler. (hnw)
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Legal Document (Payment Possibly Required) 53 Filed: 3/11/2011, Entered: None Unknown Document Type
NOTICE by Edwin J. Rust of Supplemental Authority Regarding Defendants' Assertion that the "Board of Trustees" Lacks Capacity "To Sue or Be Sued" (Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 52 Filed: 3/7/2011, Entered: None Unknown Document Type
Brief / Memorandum in Support re 51 MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda. filed by Edwin J. Rust. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 51 Filed: 3/7/2011, Entered: None Unknown Document Type
MOTION to Strike Affidavit of Julie Linkins and Improper and Unsupported Portions of Defendants' Summary Judgment Memoranda by Edwin J. Rust. (Hubbard, Jonathan) Modified on 3/22/2011 (hnw).
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Legal Document (Payment Possibly Required) 50 Filed: 3/2/2011, Entered: None Unknown Document Type
REPLY to Response to Motion re 40 MOTION for Summary Judgment. filed by Edwin J. Rust. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 49 Filed: 3/2/2011, Entered: None Unknown Document Type
Brief / Memorandum in Support re 48 MOTION for Leave to File Second Amended Complaint. filed by Edwin J. Rust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 48 Filed: 3/2/2011, Entered: None Unknown Document Type
MOTION for Leave to File Second Amended Complaint by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 47 Filed: 3/2/2011, Entered: None Unknown Document Type
Brief / Memorandum in Support re 46 MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire. filed by Edwin J. Rust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 46 Filed: 3/2/2011, Entered: None Unknown Document Type
MOTION to Strike Affidavits of Peter Klein and Eric J. Wexler, Esquire by Edwin J. Rust. (Hubbard, Jonathan) Modified on 3/22/2011 (hnw).
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Legal Document (Payment Possibly Required) 45 Filed: 3/2/2011, Entered: None Unknown Document Type
REPLY to Response to Motion re 38 MOTION for Summary Judgment. filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Attachments: # 1 Exhibit)(Wexler, Eric)
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Legal Document (Payment Possibly Required) 44 Filed: 2/17/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 42 Motion for Leave to File Excess Pages. Signed by Magistrate Judge B. Waugh Crigler on 2/17/11. (jcj)
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Legal Document (Payment Possibly Required) 43 Filed: 2/16/2011, Entered: None Unknown Document Type
Brief / Memorandum in Opposition re 38 MOTION for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment. filed by Edwin J. Rust. (Attachments: # 1 Exhibit A: Defendants' Initial Disclosures)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 42 Filed: 2/16/2011, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.Motions referred to B. Waugh Crigler. (Attachments: # 1 proposed opposition, # 2 Exhibit, # 3 Exhibit)(Wexler, Eric)
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Legal Document (Payment Possibly Required) 41 Filed: 2/3/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 39 Motion for Leave to File. Signed by Magistrate Judge B. Waugh Crigler on 2/3/11. (hnw)
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Legal Document (Payment Possibly Required) 40 Filed: 2/2/2011, Entered: None Unknown Document Type
MOTION for Summary Judgment by Edwin J. Rust. (Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 39 Filed: 2/2/2011, Entered: None Unknown Document Type
MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment exceeding 25 page limitation by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Attachments: # 1 Proposed Memorandum in Support of Motion for Summary Judgment (40 pages), # 2 Exhibit A to proposed Memo, # 3 Exhibit B to proposed Memo, # 4 Exhibit C to proposed Memo, # 5 Exhibit D to proposed Memo)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 38 Filed: 2/2/2011, Entered: None Unknown Document Type
MOTION for Summary Judgment by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Attachments: # 1 Text of Proposed Order)(Wexler, Eric)
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Legal Document (Payment Possibly Required) 37 Filed: 1/19/2011, Entered: None Unknown Document TypeCourt Filing
STATUS REPORT ORDER that the issues in this case were not resolved by mediation on 1/19/11. Signed by Magistrate Judge B. Waugh Crigler on 1/19/11. (hnw)
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Legal Document (Payment Possibly Required) 36 Filed: 1/19/2011, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Magistrate Judge B. Waugh Crigler: Settlement Conference held on 1/19/2011. Report to be filed. No written order. Case did not settle. (hnw)
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Legal Document (Payment Possibly Required) 35 Filed: 1/12/2011, Entered: None Unknown Document Type
ANSWER to 24 Amended Complaint by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.(hnw)
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Legal Document (Payment Possibly Required) 34 Filed: 1/12/2011, Entered: None Unknown Document TypeCourt Filing
ORDER denying 26 Motion for Entry of Default and further such relief as set forth in said order. Signed by Judge Norman K. Moon on 1/12/11. (hnw)
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Legal Document (Payment Possibly Required) 33 Filed: 12/23/2010, Entered: None Unknown Document Type
Response re 32 Response in Opposition to Motion, in Support of Plaintiff's Request for Entry of Default pursuant to Fed. R. Civ. P. 55(a). filed by Edwin J. Rust. (Attachments: # 1 Exhibit A: Rust Declaration, # 2 Exhibit B: Hubbard Declaration)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 32 Filed: 12/21/2010, Entered: None Unknown Document Type
RESPONSE in Opposition re 26 MOTION for Entry of Default pursuant to Fed. R. Civ. P. 55(a). filed by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Attachments: # 1 Affidavit, # 2 Answer)(Wexler, Eric)
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Legal Document (Payment Possibly Required) 31 Filed: 12/15/2010, Entered: None Unknown Document TypeCourt Filing
ORDER, ( Mediation Hearing set for 1/19/2011 10:00 AM in Charlottesville before Magistrate Judge B. Waugh Crigler.). Signed by Magistrate Judge B. Waugh Crigler on 12/15/10. (hnw)
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Legal Document (Payment Possibly Required) 30 Filed: 12/15/2010, Entered: None Unknown Document TypeCourt Filing
ORDER granting 28 Motion for Extension of Time to File dispositive motions. Signed by Magistrate Judge B. Waugh Crigler on 12/15/10. (hnw)
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Legal Document (Payment Possibly Required) 29 Filed: 12/14/2010, Entered: None Unknown Document Type
Notice of Correction re 27 Order Referring Case to Mediation. Order replaced to correct typographical errors - Header and case number. (hnw)
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Legal Document (Payment Possibly Required) 28 Filed: 12/14/2010, Entered: None Unknown Document Type
Consent MOTION for Extension of Time to File Dispositive Motions and Memoranda by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Attachments: # 1 Proposed Agreed Order)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 27 Filed: 12/14/2010, Entered: None Unknown Document TypeCourt Filing
ORDER REFERRING CASE to Mediation.. Signed by Judge Norman K. Moon on 12/14/10. (hnw) (Additional attachment(s) added on 12/14/2010: # 1 Order) (hnw).
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Legal Document (Payment Possibly Required) 26 Filed: 12/7/2010, Entered: None Unknown Document Type
MOTION for Entry of Default pursuant to Fed. R. Civ. P. 55(a) by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Attachments: # 1 Hubbard Declaration, # 2 Proposed Entry of Default)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 25 Filed: 10/25/2010, Entered: None Unknown Document Type
Administrative Transcript Consisting of 294 Pages. Available for viewing in Clerk's Office. (hnw)
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Legal Document (Payment Possibly Required) 24 Filed: 10/14/2010, Entered: None Unknown Document Type
FIRST AMENDED COMPLAINT against Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund, filed by Edwin J. Rust.(hnw)
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Legal Document (Payment Possibly Required) 23 Filed: 10/14/2010, Entered: None Unknown Document TypeCourt Filing
ORDER granting 21 Motion for Leave to File. Signed by Judge B. Waugh Crigler 10/14/10. (hnw) Modified on 10/15/2010 (hnw).
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Legal Document (Payment Possibly Required) 22 Filed: 10/11/2010, Entered: None Unknown Document Type
Brief / Memorandum in Support re 21 MOTION for Leave to File First Amended Complaint. filed by Edwin J. Rust. (Attachments: # 1 Proposed Amended Complaint)(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 21 Filed: 10/11/2010, Entered: None Unknown Document Type
MOTION for Leave to File First Amended Complaint by Edwin J. Rust.Motions referred to B. Waugh Crigler. (Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 20 Filed: 10/5/2010, Entered: None Unknown Document TypeCourt Filing
ORDER denying 19 Motion to Seal Document. Signed by Magistrate Judge B. Waugh Crigler on 10/4/10. (hnw)
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Legal Document (Payment Possibly Required) 19 Filed: 9/29/2010, Entered: None Unknown Document Type
MOTION to Seal Document Administrative Record by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.Motions referred to B. Waugh Crigler. (Attachments: # 1 Text of Proposed Order)(Wexler, Eric)
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Legal Document (Payment Possibly Required) 18 Filed: 9/16/2010, Entered: None Unknown Document TypeCourt Filing
ORDER, ( Discovery due by 11/30/2010., Dispositive Motions and briefs in support Deadline due by 12/15/2020) and further such amended deadlines as set forth in said order in accordance with the Telephonic conference held 9/15/10. Signed by Magistrate Judge B. Waugh Crigler on 9/16/10. (hnw)
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Legal Document (Payment Possibly Required) 17 Filed: 9/15/2010, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Magistrate Judge B. Waugh Crigler: Telephone Conference held on 9/15/2010. Oral argument on objection to Modification of Pretrial Order. Order will issue. No Court Reporter present. (hnw)
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Legal Document (Payment Possibly Required) 16 Filed: 9/10/2010, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing: In Chambers Telephone Conference set for 9/15/2010 10:00 AM in Charlottesville before Magistrate Judge B. Waugh Crigler. Chambers to initiate call. No Court Reporter Required(hnw)
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Legal Document (Payment Possibly Required) 15 Filed: 9/9/2010, Entered: None Unknown Document TypeCourt Filing
NOTICE of Hearing: Bench Trial set for 4/18/2011 09:30 AM in Charlottesville before Judge Norman K. Moon. (hnw)
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Legal Document (Payment Possibly Required) 14 Filed: 9/7/2010, Entered: None Unknown Document TypeCourt Filing
Objections by Plaintiff Edwin J. Rust re 12 Pretrial Order, Order Referring Case to Magistrate Judge. (Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 13 Filed: 8/27/2010, Entered: None Unknown Document Type
Magistrate's Notice to counsel. (hnw)
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Legal Document (Payment Possibly Required) 12 Filed: 8/26/2010, Entered: None Unknown Document TypeCourt Filing
PRETRIAL ORDER. Case referred to Magistrate Judge B. Waugh Crigler. Signed by Judge Norman K. Moon on 8/26/10. (jcj)
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Legal Document (Payment Possibly Required) 11 Filed: 8/24/2010, Entered: None Unknown Document Type
ANSWER to 1 Complaint, by Electrical Workers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.(hnw)
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Legal Document (Payment Possibly Required) 10 Filed: 8/10/2010, Entered: None Unknown Document TypeCourt Filing
ORDER granting 7 MOTION to Appear Pro Hac Vice for Charles Fuller, Eric Wexler and William Dale. Signed by Judge Norman K. Moon on 8/10/2010. (mab)
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Legal Document (Payment Possibly Required) 9 Filed: 8/10/2010, Entered: None Unknown Document Type
Notice of Correction - Document number 9 - Magistrate's Notice to counsel, was deleted from system by deputy clerk as it was prematurely docketed in this case. (mab)
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Legal Document (Payment Possibly Required) 8 Filed: 8/9/2010, Entered: None Unknown Document Type
STIPULATION of Time to File Responsive Pleadings by Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Davidson, John)
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Legal Document (Payment Possibly Required) 7 Filed: 8/9/2010, Entered: None Unknown Document Type
MOTION to Appear Pro Hac Vice for Attorneys Charles Fuller, Eric Wexler and William Dale by Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund. (Attachments: # 1 Affidavit of Charles Fuller, # 2 Affidavit Eric Wexler, # 3 Affidavit William Dale, # 4 Text of Proposed Order Granting Motion)(Davidson, John)
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Legal Document (Payment Possibly Required) 6 Filed: 8/3/2010, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed by Edwin J. Rust. Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund waiver sent on 6/11/2010, answer due 8/10/2010.(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 5 Filed: 8/3/2010, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed by Edwin J. Rust. Electrial Wokers Local No. 26 Pension Trust Fund waiver sent on 6/11/2010, answer due 8/10/2010.(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 4 Filed: 7/23/2010, Entered: None Unknown Document Type
Summons Issued as to Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.(hnw)
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Legal Document (Payment Possibly Required) 3 Filed: 7/23/2010, Entered: None Unknown Document Type
Summons Issued as to Electrial Wokers Local No. 26 Pension Trust Fund.(hnw)
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Legal Document (Payment Possibly Required) 2 Filed: 7/22/2010, Entered: None Unknown Document Type
Proposed Summons by Edwin J. Rust as toElectrial Wokers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund.(Hubbard, Jonathan)
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Legal Document (Payment Possibly Required) 1 Filed: 6/9/2010, Entered: None Unknown Document Type
COMPLAINT against Electrial Wokers Local No. 26 Pension Trust Fund, Trustees Of The Electrical Workers Local No. 26 Pension Trust Fund (Filing fee $ 350.), filed by Edwin J. Rust. 100 Day Notice due by 9/20/2010 120 Day Service due by 10/8/2010 (Attachments: # 1 Civil Cover Sheet)(hnw)
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Legal Document (Payment Possibly Required)  Filed: 6/9/2010, Entered: None Unknown Document Type
Filing Fee Received: $ 350.00, receipt number 04230000000001122624 (hnw)
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Blank 99 Filed: 4/10/2012, Entered: None Court Filing
MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 4/9/12. (hnw)
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Blank 72 Filed: 9/29/2011, Entered: None Court Filing
MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 9/29/11. (hnw)
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