Trustees of the Operating Engineers' Trust Funds v. Pacific Crane Service Hawaii LLC
| Trustees of the Operating Engineers' Trust Funds, Pension Trust Fund, Pensioned Health and Welfare Trust Fund, Hawaii Health and Welfare Trust Fund for Operating Engineers, Hawaii Operating Engineers Annuity Trust Fund, Operating Engineers and Participating Employers Pre Apprentice, Apprentice and Journeyman Affirmative Action Training Fund for Hawaii, Hawaii Operating Engineers Industry Stabilization Trust Fund and Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund |
| Pacific Crane Service Hawaii LLC |
| 1:2023cv00098 |
| February 21, 2023 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1145 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 EO: On 2/21/2023, Plaintiffs initiated this action by filing the [ECF 1 ] Complaint. The Rule 16 Scheduling Conference is set for 4/24/2023. To date, however, the docket fails to reflect service on the Defendant. Moreover, Defendant has not appeared, answered or filed a responsive pleading. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must occur within 90 days after the complaint is filed. Absent a showing of good cause, failure to timely serve Defendant may result in sanctions to include possible dismissal of this action. Upon completion of service, the parties are required to confer as soon as practicable, but no less than 21 days before the scheduling conference to discuss specified matters to be included in the planning meeting report to be filed with the Court. Fed. R. Civ. P. 26(f). Even if service is completed in near future, the parties would have insufficient time to comply with their pre-conference obligations. Accordingly, the Rule 16 Scheduling Conference scheduled for 4/24/2023 at 9:00 a.m. is CONTINUED to 6/23/2023 at 8:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 6/16/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 8 Consent Election Form |
| Filing 7 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT.(jni) |
| Filing 6 Summons Issued as to Pacific Crane Service Hawaii LLC. (jni) |
| Filing 5 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/24/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/21/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00098 RT on all further pleadings. (jni) |
| Filing 2 CIVIL Cover Sheet by Trustees of the Operating Engineers' Trust Funds. (Ikeda, Ashley) |
| Filing 1 COMPLAINT for Specific Performance, Assumpsit and Damages; Exhibit "1"; Summons against Pacific Crane Service Hawaii LLC ( Filing fee $ 402 receipt number AHIDC-2801746.), filed by Trustees of the Operating Engineers' Trust Funds. (Attachments: #1 Exhibit 1, #2 [Proposed] Summons)(Ikeda, Ashley) Modified on 2/21/2023 (jni) |
| NOTICE TO PARTIES RE: Corporate Disclosure Statements - Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) or 12.4(a) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni) |
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| Plaintiff: Trustees of the Operating Engineers' Trust Funds | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Pension Trust Fund | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Pensioned Health and Welfare Trust Fund | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Hawaii Health and Welfare Trust Fund for Operating Engineers | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Hawaii Operating Engineers Annuity Trust Fund | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Operating Engineers and Participating Employers Pre Apprentice, Apprentice and Journeyman Affirmative Action Training Fund for Hawaii | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Hawaii Operating Engineers Industry Stabilization Trust Fund | |
| Represented By: | Ashley K Ikeda |
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| Plaintiff: Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund | |
| Represented By: | Ashley K Ikeda |
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| Defendant: Pacific Crane Service Hawaii LLC | |
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