Trustees of the Operating Engineers Trust Funds v. Boyer Enterprises LLC
Trustees of the Operating Engineers Trust Funds, Hawaii Operating Engineers Annuity Trust Fund, Operating Engineers and Participating Employers Pre Apprentice, Apprentice and Journeyman Affirmative Action Training Fund for Hawaii and Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund |
Boyer Enterprises LLC and Boyer Enterprise, Inc. |
1:2023cv00217 |
May 19, 2023 |
US District Court for the District of Hawaii |
WES REBER PORTER |
Labor: E.R.I.S.A. |
29 U.S.C. ยง 1451 E.R.I.S.A. |
None |
Docket Report
This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 14 NOTICE OF DISMISSAL OF COMPLAINT, FILED ON MAY 22, 2023 [DOC. NO. #1 ] by Hawaii Operating Engineers Annuity Trust Fund, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Operating Engineers and Participating Employers Pre Apprentice, Apprentice and Journeyman Affirmative Action Training Fund for Hawaii, Trustees of the Operating Engineers Trust Funds - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/10/2023. (eta) |
Filing 13 EO: Upon review of #12 Plaintiff's Status Report, the Court will take no action at this time. The Rule 16 Scheduling Conference set for 8/22/2023 at 9:30 a.m. remains on the Court's calendar. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) |
Filing 12 STATUS REPORT Plaintiffs' Court Ordered Status Report by Trustees of the Operating Engineers Trust Funds. (Ikeda, Ashley) |
Filing 11 EO: Insofar as Defendant was served on 5/23/2023, see ECF No. #9 , but has not responded to the Complaint, Plaintiff is DIRECTED to file a Status Report no later than 6/26/2023 regarding any how it intends to proceed against Defendant. Additionally, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 7/17/2023 to 8/22/2023 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. Plaintiff shall notify Defendant. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
Filing 10 Consent Election Form |
Filing 9 SUMMONS Returned Executed by Trustees of the Operating Engineers Trust Funds. Boyer Enterprises LLC served on 5/23/2023. (Ikeda, Ashley) |
Filing 8 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. (FILING INSTRUCTIONS ARE ATTACHED) While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court 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. (Attachments: #1 Election Form ) 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. (eta) |
Filing 7 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. (eta) |
Filing 6 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta) |
Filing 5 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/17/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/19/2023. ATTACH THE SCHEDULING ORDER OT THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) |
Filing 4 Summons Issued as to Boyer Enterprises LLC. (eta) |
Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00217 WRP on all further pleadings. (eta) |
Filing 2 CIVIL Cover Sheet by Trustees of the Operating Engineers Trust Funds. (Ikeda, Ashley) |
Filing 1 COMPLAINT Complaint for Specific Performance, Assumpsit and Damages against Boyer Enterprises LLC, a Hawaii Limited Liability Company ( Filing fee $ 402 receipt number AHIDC-2843964.), filed by Trustees of the Operating Engineers Trust Funds. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 [Proposed] Summons)(Ikeda, Ashley) |
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Defendant: Boyer Enterprises LLC | |
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Defendant: Boyer Enterprise, Inc. | |
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Plaintiff: Trustees of the Operating Engineers Trust Funds | |
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: Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund | |
Represented By: | Ashley K Ikeda |
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