Penniston et al v. Horeb Construction CORP.
Plaintiff: Darryl Eggler, Cody Penniston, Todd Stiff, Peter MCCANN, Plumbers Local Union No. 519 Health and Welfare Fund, Plumbers Local Union No. 519 Pension Trust Fund, Nathaniel MARTIN, Joe Fernandez, Jeff Penniston, Wayne Orr, Plumbers Local #519, Joint Apprenticeship & Training Committee, Health and Welfare Trust Fund and Joint Apprenticeship and Training Committee
Defendant: Horeb Construction CORP.
Case Number: 1:2019cv21798
Filed: May 3, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1145
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2019 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time. The Trustees have until August 19, 2019 to serve a final default judgment motion and supporting evidence as to a sum certain. This deadline will not be extended. Defendant shall, pursuant to Federal Rules of Civil Procedure 34 and 69, produce and make all its payroll books and records available for review and inspection pursuant to any duly served discovery request. Signed by Judge Cecilia M. Altonaga on 6/19/2019. See attached document for full details. (ps1)
June 18, 2019 Filing 11 Plaintiff's MOTION for Extension of Time To File Final Default Judgment Motion by 60 Days to August 19 re #10 Order by Darryl Eggler, Joe Fernandez, Health and Welfare Trust Fund, Joint Apprenticeship and Training Committee, Nathaniel MARTIN, Peter MCCANN, Wayne Orr, Cody Penniston, Jeff Penniston, Plumbers Local Union No. 519 Pension Trust Fund, Todd Stiff. Responses due by 7/2/2019 (Attachments: #1 Text of Proposed Order)(Braswell, D.)
June 11, 2019 Opinion or Order Filing 10 ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE, re #9 Clerks Entry/Non-Entry of Default. Signed by Judge Cecilia M. Altonaga on 6/11/2019. See attached document for full details. (ps1)
June 10, 2019 Filing 9 Clerks Entry of Default as to HOREB CONSTRUCTION CORP. - Motions Terminated: #8 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 6/10/2019. (vmz)
June 9, 2019 Filing 8 Plaintiff's MOTION for Clerks Entry of Default as to All Defendants by Peter MCCANN, Health and Welfare Trust Fund, Cody Penniston, Nathaniel MARTIN, Joint Apprenticeship and Training Committee, Joe Fernandez, Todd Stiff, Wayne Orr, Jeff Penniston, Plumbers Local Union No. 519 Pension Trust Fund, Darryl Eggler. (Attachments: #1 Text of Proposed Order)(Braswell, D.)
June 6, 2019 Opinion or Order Filing 7 ORDER re #6 Summons Returned Executed; Plaintiffs shall submit a motion for entry of Clerk's default no later than June 10, 2019. Signed by Judge Cecilia M. Altonaga on 6/6/2019. See attached document for full details. (ps1)
May 31, 2019 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Peter MCCANN, Health and Welfare Trust Fund, Cody Penniston, Nathaniel MARTIN, Joint Apprenticeship and Training Committee, Joe Fernandez, Todd Stiff, Wayne Orr, Jeff Penniston, Plumbers Local Union No. 519 Pension Trust Fund, Darryl Eggler. All Defendants. (Braswell, D.)
May 29, 2019 Opinion or Order Filing 5 ORDER that on or before 8/1/2019 Plaintiffs shall perfect service upon the Defendant. Signed by Judge Cecilia M. Altonaga on 5/29/2019. See attached document for full details. (ps1)
May 6, 2019 Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pcs)
May 6, 2019 Filing 3 Summons Issued as to Horeb Construction CORP.. (pcs)
May 3, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs)
May 3, 2019 Filing 1 COMPLAINT for Delinquencies & Late Fees Filed Pursuant to 29 USC 1145 & to Compel Audit against All Defendants. Filing fees $ 400.00 receipt number 113C-11615871, filed by Peter MCCANN, Plumbers Local Union No. 519 Health and Welfare Fund, Cody Penniston, Nathaniel MARTIN, Plumbers Local #519, Joint Apprenticeship & Training Committee, Joe Fernandez, Todd Stiff, Wayne Orr, Jeff Penniston, Plumbers Local Union No. 519 Pension Trust Fund, Darryl Eggler. (Attachments: #1 Exhibit 1 (CBA), #2 Civil Cover Sheet, #3 Summon(s))(Braswell, D.)

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Plaintiff: Darryl Eggler
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Cody Penniston
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Todd Stiff
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Peter MCCANN
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Plumbers Local Union No. 519 Health and Welfare Fund
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Plumbers Local Union No. 519 Pension Trust Fund
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Nathaniel MARTIN
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Joe Fernandez
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Jeff Penniston
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Wayne Orr
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Plumbers Local #519, Joint Apprenticeship & Training Committee
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Health and Welfare Trust Fund
Represented By: D. Marcus Braswell, Jr.
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Plaintiff: Joint Apprenticeship and Training Committee
Represented By: D. Marcus Braswell, Jr.
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Defendant: Horeb Construction CORP.
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