Automotive Industries Pension Trust Fund et al v. Desoto Cab Company, Inc.
| Rich Morales, James H. Beno, James Schwantz, Automotive Industries Welfare Trust Fund, Don Crosatto, Automotive Industries Pension Trust Fund, Ryan Thibodeau, Tom Dillon, Automotive Industries Apprenticeship Training Trust Fund, Trustee John DiBernardo, Stephen J. Mack and John DiBernardo |
| Desoto Cab Company, Inc. |
| 3:2019cv07406 |
| November 8, 2019 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on July 27, 2021. A more recent docket listing may be available from PACER.
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Filing 44
Order. Signed 7/27/2021 by Chief Magistrate Judge Joseph C. Spero granting #43 Joint Motion to Dismiss Matter Conditionally.(klhS, COURT STAFF) (Filed on 7/27/2021)
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| Filing 43 Joint MOTION to Dismiss MATTER CONDITIONALLY; [PROPOSED] ORDER THEREON filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. Responses due by 8/9/2021. Replies due by 8/16/2021. (Do, Tino) (Filed on 7/26/2021) |
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Filing 42
ORDER. Signed by Chief Magistrate Judge Joseph C. Spero on 5/28/2021. Further Case Management Conference set for 7/30/2021 02:00 PM in San Francisco, - Videoconference Only. This date will be vacated if the dismissal is filed before this date. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscour ts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klhS, COURT STAFF) (Filed on 5/28/2021)
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| Filing 41 NOTICE by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau (Do, Tino) (Filed on 5/28/2021) |
| Filing 40 Certification of ADR Session by Mediator Joseph Creitz: I hereby certify that the parties in this matter held a Mediation session on 5/26/2021. The case settled. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 5/27/2021) |
| Filing 39 JOINT CASE MANAGEMENT STATEMENT filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 5/20/2021) |
| Set/Reset Hearing Mediation Hearing reset to 5/26/2021 09:00 AM, via Zoom. (af, COURT STAFF) (Filed on 4/14/2021) |
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Filing 38
Order. Signed 4/12/2021 by Chief Magistrate Judge Joseph C. Spero granting #37 Motion to Continue ADR Completion Deadline and Case Management Conference.(klhS, COURT STAFF) (Filed on 4/12/2021)
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| Filing 37 Joint MOTION to Continue TO CONTINUE ADR COMPLETION DEADLINE AND CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 4/12/2021) |
| Set Deadlines/Hearings: See Order #38 . Case Management Statement due by 5/21/2021. Further Case Management Conference set for 5/28/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted a ccess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klhS, COURT STAFF) (Filed on 4/12/2021) |
| Set/Reset Hearing Mediation Hearing set for 4/6/2021 09:00 AM via Zoom. (af, COURT STAFF) (Filed on 2/19/2021) |
| Filing 36 ADR Clerk's Notice Appointing Joseph Creitz as Mediator. (af, COURT STAFF) (Filed on 2/8/2021) |
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Filing 35
Order, signed 2/1/2021, by Chief Magistrate Judge Joseph C. Spero granting #34 Stipulation to Continue ADR Completion Deadline and Case Management Conference. Case referred to mediation.(klhS, COURT STAFF) (Filed on 2/1/2021)
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| Set Deadlines/Hearings: See Order #35 . Case Management Statement due by 4/16/2021. Further Case Management Conference set for 4/23/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted a ccess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klhS, COURT STAFF) (Filed on 2/1/2021) |
| Filing 34 STIPULATION WITH PROPOSED ORDER TO CONTINUE ADR COMPLETION DEADLINE AND CASE MANAGEMENT CONFERENCE filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 1/29/2021) |
| Filing 33 CLERKS NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE AND SETTING ZOOM HEARING. At the request of the parties, the Further Case Management Conference set for 12/18/2020, is re-set for 2/19/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Updated case management conference statement due 2/12/2021.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcas ting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/ A>. Case Management Statement due 2/12/2021. Further Case Management Conference re-set for 2/19/2021 02:00 PM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 12/15/2020) |
| Filing 32 UPDATED JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 12/11/2020) Modified on 12/17/2020 (gbaS, COURT STAFF). |
| Filing 31 CASE MANAGEMENT PRETRIAL ORDER (NON-JURY). Signed by Chief Magistrate Judge Joseph C. Spero on 10/21/20. (klhS, COURT STAFF) (Filed on 10/21/2020) |
| Filing 30 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 10/16/2020. Case Management Statement due by 12/11/2020. Close of Expert Discovery due by 5/14/2021. Close of Fact Discovery due by 4/16/2021. Designation of Experts due by 4/16/2021. Dispositive and Daubert Motions due by 7/16/2021. Rebuttal Reports due by 5/14/2021. Bench Trial set for 2/9/2022 and 2/10/2022 08:30 AM before Chief Magistrate Judge Joseph C. Spero. Further Case Management Conference set for 12/18/2020 02:00 PM in Videoconference Only. Final Pretrial Conference set for 1/28/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. Motion and Daubert Hearing set for 10/8/2021 09:30 AM in Videoconference Only before Magistrate Judge Joseph C. Spero. Some proceedings will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference a re reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. FTR Time: Not Reported. Plaintiff Attorney: Tino Do. Defendant Attorney: David Crutcher. (klhS, COURT STAFF) (Date Filed: 10/19/2020) |
| Filing 29 JOINT CASE MANAGEMENT STATEMENT filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 10/7/2020) |
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Filing 28
ORDER by Judge Joseph C. Spero granting #26 Motion to Set Aside Default. (jcslc1S, COURT STAFF) (Filed on 9/1/2020)
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| Filing 27 Statement of Non-Opposition re #26 First MOTION to Set Aside Entry of Default filed byAutomotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Related document(s) #26 ) (Do, Tino) (Filed on 9/1/2020) |
| Filing 26 First MOTION to Set Aside Entry of Default filed by Desoto Cab Company, Inc.. Motion Hearing set for 10/9/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 10/23/2020. Replies due by 10/30/2020. (Attachments: #1 Declaration Declaration of Hansu Kim, #2 Proposed Order Proposed Order to Set Aside Entry of Default)(Crutcher, David) (Filed on 8/31/2020) |
| Filing 25 ANSWER to Complaint byDesoto Cab Company, Inc.. (Crutcher, David) (Filed on 8/29/2020) |
| Filing 24 Certificate of Interested Entities by Desoto Cab Company, Inc. identifying Corporate Parent Desoto Holdings, LLC for Desoto Cab Company, Inc.. (Crutcher, David) (Filed on 8/29/2020) |
| Filing 23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Desoto Cab Company, Inc... (Crutcher, David) (Filed on 8/10/2020) |
| Filing 22 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 8/21/2020. (ecS, COURT STAFF) (Filed on 8/7/2020) |
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Filing 21
Order by Magistrate Judge Joseph C. Spero granting #20 Motion to Continue 8/14/2020 Case Management Conference. Case Management Statement due by 10/9/2020. Initial Case Management Conference set for 10/16/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor.(ecS, COURT STAFF) (Filed on 8/7/2020)
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| Filing 20 Fourth MOTION to Continue CASE MANAGEMENT CONFERENCE filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 8/7/2020) |
| Filing 19 CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 8/14/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to JCSCRD@cand.uscourts.gov by no later than August 11, by 3 p.m. PDT. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 8/14/2020 02:00 PM in San Francisco, C ourtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.). (ecS, COURT STAFF) (Filed on 8/4/2020) |
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Filing 18
Order, signed 6/4/2020, by Chief Magistrate Judge Joseph C. Spero granting #17 Motion to Continue Case Management Conference. Case Management Statement due by 8/7/2020. Initial Case Management Conference set for 8/14/2020 02:00 PM in San Francisco.(klhS, COURT STAFF) (Filed on 6/4/2020)
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| Filing 17 MOTION to Continue CASE MANAGEMENT CONFERENCE filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 6/3/2020) |
| Filing 16 CERTIFICATE OF SERVICE by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau re #15 Clerk's Notice of Entry of Default (Do, Tino) (Filed on 4/15/2020) |
| Filing 15 Clerk's Notice ENTRY OF DEFAULT (Related documents(s) #14 )(fabS, COURT STAFF) (Filed on 4/14/2020) |
| Filing 14 First MOTION for Entry of Default filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 4/8/2020) |
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Filing 13
ORDER GRANTING re #12 Motion to Continue Case Management Conference, filed by John DiBernardo, Automotive Industries Pension Trust Fund, James Schwantz, Automotive Industries Welfare Trust Fund, Stephen J. Mack, Rich Morales, Ryan Thibodeau, Automotive Industries Apprenticeship Training Trust Fund, James H. Beno, Tom Dillon, Don Crosatto Case Management Statement due by 6/5/2020. Initial Case Management Conference set for 6/12/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor Signed by Chief Magistrate Judge Joseph C. Spero on 4/6/2020. (klhS, COURT STAFF) (Filed on 4/6/2020)
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| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #12 Proposed Order, filed by John DiBernardo, Aut omotive Industries Pension Trust Fund, James Schwantz, Automotive Industries Welfare Trust Fund, Stephen J. Mack, Rich Morales, Ryan Thibodeau, Automotive Industries Apprenticeship Training Trust Fund, James H. Beno, Tom Dillon, Don Crosatto Correct Event: Motion to Continue (klhS, COURT STAFF) (Filed on 4/6/2020) |
| Filing 12 Proposed Order PLAINTIFFS REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 4/3/2020) |
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Filing 11
Order, signed 2/5/2020, by Chief Magistrate Judge Joseph C. Spero granting #10 Motion to Continue.Initial Case Management Conference. Case Management Statement due by 4/3/2020. Initial Case Management Conference re-set for 4/10/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor.(klhS, COURT STAFF) (Filed on 2/5/2020)
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| Filing 10 REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau. (Do, Tino) (Filed on 2/4/2020) Modified on 2/5/2020 (fabS, COURT STAFF). |
| Filing 9 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Do, Tino) (Filed on 1/24/2020) |
| Filing 8 SUMMONS Returned Executed by Stephen J. Mack, Rich Morales, Automotive Industries Apprenticeship Training Trust Fund, Don Crosatto, James Schwantz, Automotive Industries Welfare Trust Fund, John DiBernardo, Automotive Industries Pension Trust Fund, James H. Beno, Ryan Thibodeau, Tom Dillon. Desoto Cab Company, Inc. served on 11/15/2019, answer due 12/6/2019. (Do, Tino) (Filed on 11/15/2019) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau.. (Do, Tino) (Filed on 11/12/2019) |
| Filing 6 Summons Issued as to Desoto Cab Company, Inc.. (gbaS, COURT STAFF) (Filed on 11/12/2019) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/7/2020. Initial Case Management Conference set for 2/14/2020 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 11/12/2019) |
| Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/26/2019. (mbcS, COURT STAFF) (Filed on 11/12/2019) |
| Filing 3 Proposed Summons. (Do, Tino) (Filed on 11/8/2019) |
| Filing 2 Certificate of Interested Entities by Automotive Industries Apprenticeship Training Trust Fund, Automotive Industries Pension Trust Fund, Automotive Industries Welfare Trust Fund, James H. Beno, Don Crosatto, John DiBernardo, Tom Dillon, Stephen J. Mack, Rich Morales, James Schwantz, Ryan Thibodeau re #1 Complaint, (Do, Tino) (Filed on 11/8/2019) |
| Filing 1 COMPLAINT against Desoto Cab Company, Inc. (Filing fee $ 400.00, receipt number 0971-13871821.). Filed by Stephen J. Mack, Rich Morales, Automotive Industries Apprenticeship Training Trust Fund, Don Crosatto, James Schwantz, Automotive Industries Welfare Trust Fund, John DiBernardo, Automotive Industries Pension Trust Fund, James H. Beno, Ryan Thibodeau, Tom Dillon. (Attachments: #1 Civil Cover Sheet) (Do, Tino) (Filed on 11/8/2019) Modified on 11/12/2019 (gbaS, COURT STAFF). |
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