Pickrell et al v. C.O.D. Mechanical, LLC
| William Pickrell, Susan Stokes, Michael Senecal, Alston Pickrell, Plumbers & Pipefitters Local Union No. 630 Pension-Annuity Trust Fund, Plumbers & Pipefitters Local Union No. 630 Welfare Fund, Plumbers & Pipefitters Local Union No. 719 Joint Apprenticeship and Training Trust Fund, Larry Wrye, Mark F. Woodard, Larry R. Wrye and George Stripling |
| C.O.D. Mechanical LLC and C.O.D. Mechanical, LLC |
| 9:2022cv80704 |
| May 6, 2022 |
| U.S. District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1145 E.R.I.S.A. |
| None |
Docket Report
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Filing 12
PAPERLESS ORDER granting in part and denying in part #11 Plaintiffs' Motion for Extension of Time to File Final Default Judgment Motion. Plaintiffs initiated this ERISA action on May 6, 2022. (DE #1 ). On June 10, 2022, Plaintiffs moved for Clerk's Entry of Default, which was entered on June 13, 2022. (DE #8 ; DE #9 ). I therefore directed Plaintiffs to file a Motion for Final Default Judgment by June 27, 2022. (DE 10 ). Plaintiffs now seek a 90-day extension of this deadline, citing that Defendant has failed to produce records of hours worked for its employees and that it "may become necessary to file a Motion to Compel." (DE #11 at para. 9). Plaintiffs have not established good cause for a 90-day extension, as they have provided no explanation for why they require such a long period to obtain the necessary discovery to file their Motion. However, in the interest of providing Plaintiffs an opportunity to obtain the documents they need, I will grant their Motion in part and extend their deadline to file a Motion for Default Judgment to July 29, 2022. Plaintiffs are further advised that any future motion to compel they file must comply with Local Rule 26.1(g)(2). Signed by Judge Donald M. Middlebrooks on 6/27/2022. (jnk)
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| Filing 11 Plaintiff's MOTION for Extension of Time to File Final Default Judgment Motion and to Compel Defendant's Production of Payroll Records re 10 Order,,,,, Set/Reset Motion/R&R Deadlines and Hearings,,,,, Set/Reset Deadlines,,,, by Alston Pickrell, William Pickrell, Michael Senecal, Susan Stokes, George Stripling, Mark F. Woodard, Larry R. Wrye. Responses due by 7/11/2022 (Attachments: #1 Text of Proposed Order)(Braswell, D.) |
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Filing 10
PAPERLESS ORDER SETTING DEADLINE FOR FILING MOTION FOR DEFAULT JUDGMENT. On June 10, 2022, Plaintiffs moved for Clerk's entry of default as to Defendant C.O.D. Mechanical, LLC. (DE #8 ). The Clerk granted the Motion on June 13, 2022. (DE #9 ). Accordingly, if Plaintiffs intend to move for default judgment, they must do so on or before June 27, 2022. Plaintiffs are advised that motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." S.D. Fla. L.R. 7.1(a)(2). The proposed order must contain legal analysis as to the claims on which Plaintiffs are seeking default judgment and how the pled facts, taken as true, justify awarding Plaintiffs default judgment. Plaintiffs must ensure that their proposed order is emailed in Word format to [email protected]. Signed by Judge Donald M. Middlebrooks on 6/13/2022. (jnk)
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| Filing 9 Clerks Entry of Default as to C.O.D. Mechanical - Motions Terminated: #8 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 6/13/2022. (cqs) |
| Filing 8 Plaintiff's MOTION for Clerks Entry of Default as to C.O.D. Mechanical, LLC by Michael Senecal, Larry R. Wrye, Susan Stokes, Mark F. Woodard, Alston Pickrell, William Pickrell, George Stripling. (Attachments: #1 Text of Proposed Order Clerk's Default)(Levine, Madison) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Senecal, Larry R. Wrye, Susan Stokes, Mark F. Woodard, Alston Pickrell, William Pickrell, George Stripling. All Defendants. (Braswell, D.) |
| Filing 6 Summons Issued as to C.O.D. Mechanical, LLC. (kpe) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Alston Pickrell, William Pickrell, Michael Senecal, Susan Stokes, George Stripling, Mark F. Woodard, Larry R. Wrye re 4 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s)) (Braswell, D.) |
| Filing 4 CORRECTED Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (kpe) Modified text on 5/9/2022 (kpe). |
| Filing 3 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. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (kpe) |
| Filing 1 COMPLAINT pursuant to 29 1145-action to collect delinquent contributions against C.O.D. Mechanical LLC. Filing fees $ 402.00 receipt number AFLSDC-15620152, filed by Plumbers & Pipefitters Local Union No. 630 Welfare Fund, Michael Senecal, Plumbers & Pipefitters Local Union No. 719 Joint Apprenticeship and Training Trust Fund, Larry Wrye, Susan Stokes, Alston Pickrell, William Pickrell, Plumbers & Pipefitters Local Union No. 630 Pension-Annuity Trust Fund. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Levine, Madison) |
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