Woodard et al v. Eldred Air Conditioning, Inc.
| Mark F. Woodard, Susan Stokes, Larry R. Wrye, Erica Barnes, Dustin K Hall, George Stripling, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, Plumbers & Pipefitters Local Union 630 Welfare Fund and PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND |
| Eldred Air Conditioning, Inc. |
| 9:2023cv81181 |
| August 24, 2023 |
| U.S. District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 19
PAPERLESS ORDER. On October 10, 2023, Plaintiffs moved for Clerk's Entry of Default against Defendant Eldred Air Conditioning, Inc. (DE #16 ). The motion was granted that same day. (DE #17 ). Accordingly, if Plaintiffs intend to move for default final judgment, they must do so on or before October 24, 2023. Moreover, Plaintiffs are advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), 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." The proposed order must contain legal analysis as to the claims on which Plaintiffs are seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiffs default judgment. Plaintiffs must ensure that the proposed order is emailed in Word format to the court's e-filing address: [email protected]. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 10/12/2023. (kal)
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Filing 18
PAPERLESS ORDER: In light of the Clerk's Entry of Default as to Defendant [DE 17], it is hereby ORDERED that the Scheduling Conference currently set for October 12, 2023 at 10:00 a.m. is CANCELED. If necessary, the Court will reset the Scheduling Conference for a later date. Signed by Magistrate Judge William Matthewman on 10/11/2023. (cpe)
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| Filing 17 Clerk's Entry of Default as to Eldred Air Conditioning Inc. - Motions Terminated: #16 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 10/10/2023. (drz) |
| Filing 16 Renewed MOTION for Clerk's Entry of Default as to Eldred Air Conditioning, Inc. by George Stripling, Larry R. Wrye, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, Susan Stokes, Plumbers & Pipefitters Local Union 630 Welfare Fund, Erica Barnes, Mark F. Woodard, Dustin K Hall. (Attachments: #1 Text of Proposed Order Proposed Order)(Levine, Madison) |
| Filing 15 Clerk's Non-Entry of Default as to Eldred Air Conditioning, Inc. - Motions Terminated: #14 Motion for Clerks Entry of Default,. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 10/5/2023. (drz) |
| Filing 14 MOTION for Clerk's Entry of Default as to Eldred Air Conditioning, Inc. by George Stripling, Larry R. Wrye, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, Susan Stokes, Plumbers & Pipefitters Local Union 630 Welfare Fund, Erica Barnes, Mark F. Woodard, Dustin K Hall. (Attachments: #1 Text of Proposed Order Proposed Order)(Levine, Madison) |
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Filing 13
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/12/2023 at 10:00 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/3/2023. (no00)
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| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by George Stripling, Larry R. Wrye, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, Susan Stokes, Plumbers & Pipefitters Local Union 630 Welfare Fund, Erica Barnes, Mark F. Woodard, Dustin K Hall. Eldred Air Conditioning, Inc. served on 9/15/2023, response/answer due 10/6/2023. (Levine, Madison) |
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Filing 11
ORDER REFERRING CASE AND SETTING TRIAL DATE: REFERRING CASE to Magistrate Judge William Matthewman for Settlement Conference. (Jury Trial set for 5/20/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/15/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 9/14/2023. See attached document for full details. (pc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 10 Summons Issued as to Eldred Air Conditioning, Inc. (drz) |
| Filing 9 Notice of Compliance of Filing Fee $402.00, receipt number AFLSDC-16869648, Electronic Civil Case Filing re 3 Clerk's Notice to Filer re: Electronic Case, (Braswell, D.) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Erica Barnes, Dustin K Hall, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, Plumbers & Pipefitters Local Union 630 Welfare Fund, Susan Stokes, George Stripling, Mark F. Woodard, Larry R. Wrye (Attachments: #1 Summon(s)) (Levine, Madison) |
| Filing 7 Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (drz) |
| Filing 6 NOTICE of Attorney Appearance by D. Marcus Braswell, Jr on behalf of Erica Barnes, Dustin K Hall, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, Plumbers & Pipefitters Local Union 630 Welfare Fund, Susan Stokes, George Stripling, Mark F. Woodard, Larry R. Wrye. Attorney D. Marcus Braswell, Jr added to party Erica Barnes(pty:pla), Attorney D. Marcus Braswell, Jr added to party Dustin K Hall(pty:pla), Attorney D. Marcus Braswell, Jr added to party PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND(pty:pla), Attorney D. Marcus Braswell, Jr added to party PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND(pty:pla), Attorney D. Marcus Braswell, Jr added to party Plumbers & Pipefitters Local Union 630 Welfare Fund(pty:pla), Attorney D. Marcus Braswell, Jr added to party Susan Stokes(pty:pla), Attorney D. Marcus Braswell, Jr added to party George Stripling(pty:pla), Attorney D. Marcus Braswell, Jr added to party Mark F. Woodard(pty:pla), Attorney D. Marcus Braswell, Jr added to party Larry R. Wrye(pty:pla). (Braswell, D.) |
| Filing 5 NOTICE by Erica Barnes, Dustin K Hall, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 PENSION- ANNUITY TRUST FUND, Plumbers & Pipefitters Local Union 630 Welfare Fund, Susan Stokes, George Stripling, Mark F. Woodard, Larry R. Wrye (Attachments: #1 Civil Cover Sheet, #2 Summon(s)) (Levine, Madison) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (wce) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee (or Motion for IFP) and electronically pay the correct fees of $402.00 within 24 hours of this notice. (wce) |
| 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. (wce) |
| Filing 1 COMPLAINT against Eldred Air Conditioning, Inc.. Filing fees $ 402.00. IFP Filed, filed by George Stripling, Larry R. Wrye, PLUMBERS & PIPEFITTERS LOCAL UNION NO. 630 ) PENSION-ANNUITY TRUST FUND, PLUMBERS & PIPEFITTERS LOCAL 630 JOINT APPRENTICE & TRAINING TRUST FUND, Susan Stokes, Plumbers & Pipefitters Local Union 630 Welfare Fund, Erica Barnes, Mark F. Woodard, Dustin K Hall. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levine, Madison) |
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