Mid Central Operating Engineers Health and Welfare Fund v. Kelley and May Dirtworks Inc
Plaintiff: Mid Central Operating Engineers Health and Welfare Fund
Defendant: Kelley and May Dirtworks Inc
Case Number: 1:2012cv01433
Filed: October 24, 2012
Court: US District Court for the Central District of Illinois
Office: Peoria Office
County: Peoria
Presiding Judge: Byron G. Cudmore
Presiding Judge: Joe Billy McDade
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 3, 2014 Opinion or Order Filing 18 ORDER & OPINION entered by Judge Joe Billy McDade on 02/03/2014. Accordingly, Plaintiff's Motion for Default 17 is GRANTED, and the Clerk is DIRECTED to ENTER DEFAULT against Defendant Kelley and May Dirtworks, Inc. Plaintiff SHALL make the appropriate request for entry of a default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure within twenty-eight days of the entry of this Order of Default. IT IS SO ORDERED. (JS, ilcd)
September 10, 2013 Opinion or Order Filing 13 ORDER & OPINION entered by Judge Joe Billy McDade on 09/10/2013. The Court accepts Plaintiff's supplemental documentation to prove its damages, but the Complaint and additional information do not support an award for the full amount requested. A ccordingly, Plaintiff's Motion to Amend its Motionfor Default Judgment 12 is GRANTED and its Motion for Default Judgment 9 is TAKEN UNDER ADVISEMENT. Plaintiff MAY file an amended complaint within fourteen days from the date of this Order to add a claim for damages based on a breached collective bargaining agreement between Defendant and Local 649. If no amended complaint is received, the Court will enter default judgment and award damages in the amount of $20,752.53. IT IS SO ORDERED. See Full Written Order.(JS, ilcd)
July 31, 2013 Opinion or Order Filing 10 ORDER & OPINION entered by Judge Joe Billy McDade on 07/31/2013. Plaintiff's Motion for Default Judgment 9 is DEFERRED. Plaintiff is ORDERED to file a Supplement to its Motion within fourteen days from the date of this Order, in which it sufficiently addresses the evidentiary deficiencies discussed above. IT IS SO ORDERED. See Full Written Order.(JS, ilcd)
April 18, 2013 Opinion or Order Filing 8 ORDER granting 4 Motion for Default Judgment. Entered by Judge Joe Billy McDade on 4/18/13. SEE WRITTEN ORDER. (AEM, ilcd)
March 28, 2013 Opinion or Order Filing 6 ORDER & OPINION entered by Judge Joe Billy McDade on 3/28/13: IT IS THEREFORE ORDERED that Plaintiff's Motion for Default 4 is TAKEN UNDER ADVISEMENT. Plaintiff SHALL file an amended proof of service in compliance with the Federal Rules of Civil Procedure within twenty-one days of the date of this Order. (AEM, ilcd)
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Plaintiff: Mid Central Operating Engineers Health and Welfare Fund
Represented By: David W Stuckel
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Defendant: Kelley and May Dirtworks Inc
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