Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust et al v. Certified Balancing and Commissioning LLC
| Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust, Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund, Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund, Sheet Metal Workers' Local 9 Vacation Fund, Colorado Sheet Metal Industry Fund and SMACNA Colorado Drug Testing Fund |
| Certified Balancing and Commissioning LLC |
| 1:2024cv00909 |
| April 4, 2024 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Certified Balancing and Commissioning LLC. All parties consent. (ccuen, ) |
Filing 13
ORDER granting #7 Motion to Adjourn Pending Deadlines. In light of Defendant's failure to appear and the Clerk's Entry of Default in this matter, the deadlines set by #4 Order are VACATED. The Scheduling Conference set for 6/6/2024 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak is CONVERTED to a Status Conference, set for the same time. Telephonic appearances will be permitted, and may be made by calling 571-353-2301 at the scheduled time and utilizing Meeting ID: 252821415#. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/20/2024. Text Only Entry(stvlc4, )
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| Filing 12 Clerk's ENTRY OF DEFAULT as to Certified Balancing and Commissioning LLC re: #6 MOTION for Entry of Default, by Clerk. Text Only Entry. (ccuen, ) |
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Filing 11
MEMORANDUM regarding #7 MOTION for Extension of Time to File Magistrate Consent Form and Scheduling Order and Appear for Scheduling Conference (Motion to Adjourn Pending Deadlines Due to Defendant's Default) filed by Sheet Metal Workers' Local 9 Vacation Fund, Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust, Colorado Sheet Metal Industry Fund, Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund, Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund, SMACNA Colorado Drug Testing Fund. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 5/20/2024. Text Only Entry (pabsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 5/20/2024. Text Only Entry (pabsec, )
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| Filing 9 CASE REASSIGNED Pursuant to 8 Minute Order. Case randomly reassigned to Chief Judge Philip A. Brimmer. Magistrate Judge Scott T. Varholak no longer assigned to the case. All future pleadings should be designated as 24-cv-00909-PAB. (Text Only Entry) (schap, ) |
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Filing 8
MINUTE ORDER This matter is before the Court upon review of the Docket. In light of the filing of #6 Motion for Entry of Default, the Clerk of Court is directed to reassign this matter to a District Judge. See D.C.COLO.LCivR 40.1(c)(3). SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/20/2024. Text Only Entry (stvlc4, )
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| Filing 7 MOTION for Extension of Time to File Magistrate Consent Form and Scheduling Order and Appear for Scheduling Conference (Motion to Adjourn Pending Deadlines Due to Defendant's Default) by Plaintiffs Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund, Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust, Colorado Sheet Metal Industry Fund, Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund, SMACNA Colorado Drug Testing Fund, Sheet Metal Workers' Local 9 Vacation Fund. (Siegel, Richard) |
| Filing 6 MOTION for Entry of Default as to Defendant Certified Balancing and Commissioning LLC by Plaintiffs Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund, Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust, Colorado Sheet Metal Industry Fund, Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund, SMACNA Colorado Drug Testing Fund, Sheet Metal Workers' Local 9 Vacation Fund. (Attachments: #1 Declaration in Support, #2 Proposed Order (PDF Only))(Siegel, Richard) |
| Filing 5 SUMMONS Returned Executed by SMACNA Colorado Drug Testing Fund, Sheet Metal Workers' Local 9 Vacation Fund, Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust, Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund, Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund, Colorado Sheet Metal Industry Fund. Certified Balancing and Commissioning LLC served on 4/24/2024, answer due 5/15/2024. (Siegel, Richard) |
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Filing 4
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 4/5/2024. Consent Form due by 5/23/2024. Joint Proposed Scheduling Order due 5/30/2024. Scheduling Conference set for 6/6/2024 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 MJ Consent Form) (bcroc, ) Modified on 4/8/2024 correct name of attachment (bcroc, ). |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (bcroc, ) |
| Filing 1 COMPLAINT against Certified Balancing and Commissioning LLC (Filing fee $ 405,Receipt Number BCODC-9622004)Attorney Richard Scott Siegel added to party Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund(pty:pla), Attorney Richard Scott Siegel added to party Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust(pty:pla), Attorney Richard Scott Siegel added to party Colorado Sheet Metal Industry Fund(pty:pla), Attorney Richard Scott Siegel added to party Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund(pty:pla), Attorney Richard Scott Siegel added to party SMACNA Colorado Drug Testing Fund(pty:pla), Attorney Richard Scott Siegel added to party Sheet Metal Workers' Local 9 Vacation Fund(pty:pla), filed by SMACNA Colorado Drug Testing Fund, Sheet Metal Workers' Local 9 Vacation Fund, Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust, Joint Apprenticeship and Training Committee, Colorado Sheet Metal Workers Training Fund, Board of Trustees, Colorado Sheet Metal Workers' Local 9 Health Fund, Colorado Sheet Metal Industry Fund. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Siegel, Richard) |
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