Central Illinois Carpenters Health & Welfare Trust Fund et al v. Dashco, Inc. et al
| Carpenters Pension Fund of Illinois, Carpenters Local 237, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Central Illinois Carpenters Retirement Savings Fund, Carpenters Local 270, Central Illinois Carpenters Health & Welfare Trust Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Carpenters Labor Management Education and Development Fund, Combined Central Illinois Construction Industry Funds, Carpenters International Training Fund, Carpenters Local 243, Carpenters Retirement Savings Fund of Illinois, Mid-Central Illinois Regional Council of Carpenters, Central Illinois Builders and Mclean and Livingston Building Trades Fund |
| Debra S. Belfield, Dashco, Inc., d/b/a Rainguard/ Energy Tech, Dashco, Inc. and Dashco, Inc. d/b/a Rainguard/Energy Tech |
| 3:2019cv03078 |
| March 22, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins: The joint Status Report #14 states that the parties are engaging in settlement negotiations and believe they will be in a position to notify the Court of settlement or of the need to continue the litigation by 8/1/2019. The parties are directed to file a status report on or before 8/1/2019. (LB, ilcd) |
| Filing 14 STATUS REPORT by Carpenters International Training Fund, Carpenters Labor Management Education and Development Fund, Carpenters Local 237, Carpenters Local 243, Carpenters Local 270, Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Central Illinois Builders, Central Illinois Carpenters Health & Welfare Trust Fund, Central Illinois Carpenters Retirement Savings Fund, Combined Central Illinois Construction Industry Funds, Mclean and Livingston Building Trades Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Mid-Central Illinois Regional Council of Carpenters, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council. (Kimmey, James) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. The Joint Status Report #13 states that the parties have agreed to engage in settlement negotiations and request extensions of time on Defendants' deadlines to move to set aside defaults and move for leave to answer set forth in this Court's Text Order entered 5/9/2019. The request is GRANTED. The deadline for Defendants to move to set aside defaults and to move for leave to file answers is extended to 6/17/2019. The parties are directed to file a status report on or before 6/17/2019. (LB, ilcd) |
| Filing 13 STATUS REPORT by Carpenters International Training Fund, Carpenters Labor Management Education and Development Fund, Carpenters Local 237, Carpenters Local 243, Carpenters Local 270, Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Central Illinois Builders, Central Illinois Carpenters Health & Welfare Trust Fund, Central Illinois Carpenters Retirement Savings Fund, Combined Central Illinois Construction Industry Funds, Mclean and Livingston Building Trades Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Mid-Central Illinois Regional Council of Carpenters, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council. (Kimmey, James) |
| Filing 12 ENTRY OF DEFAULT as to Defendant Debra S. Belfield entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 5/9/2019. (LB, ilcd) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiffs' Motion for Entry of Default Against Defendant Debra S. Belfield #10 is ALLOWED. Written Order of Default to follow. The Court notes that Defendants filed an untimely Answer #11 without requesting leave of Court and without requesting that the Order of Default of Defendant DASHCO, Inc. #7 be vacated. Answer #11 is STRICKEN. Defendants are directed to file motions requesting that the Orders of Default be vacated and requesting leave to answer the Plaintiffs' Complaint on or before 5/20/2019. Plaintiffs are then given 14 days from the date of filing to file their responses to any motions to vacate. (LB, ilcd) |
| Filing 11 STRICKEN ANSWER to #1 Complaint,,,, by Dashco, Inc., Debra S. Belfield.(Bourne, Sumner) Modified on 5/9/2019 to stricken (SKN, ilcd). |
| Filing 10 MOTION for Entry of Default Against Defendant Debra S. Belfield by Plaintiffs Carpenters International Training Fund, Carpenters Labor Management Education and Development Fund, Carpenters Local 237, Carpenters Local 243, Carpenters Local 270, Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Central Illinois Builders, Central Illinois Carpenters Health & Welfare Trust Fund, Central Illinois Carpenters Retirement Savings Fund, Combined Central Illinois Construction Industry Funds, Mclean and Livingston Building Trades Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Mid-Central Illinois Regional Council of Carpenters, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council. Responses due by 5/20/2019 (Attachments: #1 Text of Proposed Order)(Kimmey, James) |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Order of Production filed by Plaintiffs Carpenters International Training Fund, Carpenters Labor Management Education and Development Fund, Carpenters Local 237, Carpenters Local 243, Carpenters Local 270, Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Central Illinois Builders, Central Illinois Carpenters Health & Welfare Trust Fund, Central Illinois Carpenters Retirement Savings Fund, Combined Central Illinois Construction Industry Funds, Mclean and Livingston Building Trades Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Mid-Central Illinois Regional Council of Carpenters, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Kimmey, James) |
| Filing 8 MOTION for Order of Production by Plaintiffs Carpenters International Training Fund, Carpenters Labor Management Education and Development Fund, Carpenters Local 237, Carpenters Local 243, Carpenters Local 270, Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Central Illinois Builders, Central Illinois Carpenters Health & Welfare Trust Fund, Central Illinois Carpenters Retirement Savings Fund, Combined Central Illinois Construction Industry Funds, Mclean and Livingston Building Trades Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Mid-Central Illinois Regional Council of Carpenters, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council. Responses due by 5/20/2019 (Kimmey, James) |
| Filing 7 ENTRY OF DEFAULT as to Defendant Dashco, Inc. d/b/a Rainguard / Energy Tech entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 5/1/2019. (LB, ilcd) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiffs' Motion for Entry of Default Against Defendant Dashco, Inc., d/b/a Rainguard / Energy Tech #6 ALLOWED. Written Order of Default to follow. (LB, ilcd) |
| Filing 6 MOTION for Entry of Default Against Defendant Dashco, Inc., d/b/a Rainguard/Energy Tech by Plaintiffs Carpenters International Training Fund, Carpenters Labor Management Education and Development Fund, Carpenters Local 237, Carpenters Local 243, Carpenters Local 270, Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Central Illinois Builders, Central Illinois Carpenters Health & Welfare Trust Fund, Central Illinois Carpenters Retirement Savings Fund, Combined Central Illinois Construction Industry Funds, Mclean and Livingston Building Trades Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Mid-Central Illinois Regional Council of Carpenters, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee, Tri-County Labor Council, West Central Illinois Building & Construction Trades Council. Responses due by 5/13/2019 (Attachments: #1 Text of Proposed Order)(Kimmey, James) |
| Filing 5 SUMMONS Returned Executed by Carpenters International Training Fund, Mid-Central Illinois Regional Council of Carpenters, Carpenters Pension Fund of Illinois, Carpenters Local 243, Central Illinois Carpenters Health & Welfare Trust Fund, Carpenters Local 270, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Carpenters Local 237, West Central Illinois Building & Construction Trades Council, Carpenters Retirement Savings Fund of Illinois, Mclean and Livingston Building Trades Fund, Carpenters Labor Management Education and Development Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Tri-County Labor Council, Combined Central Illinois Construction Industry Funds, Central Illinois Carpenters Retirement Savings Fund, Central Illinois Builders, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee. Debra S. Belfield served on 4/12/2019, answer due 5/3/2019. (Kimmey, James) |
| Filing 4 SUMMONS Returned Executed by Carpenters International Training Fund, Mid-Central Illinois Regional Council of Carpenters, Carpenters Pension Fund of Illinois, Carpenters Local 243, Central Illinois Carpenters Health & Welfare Trust Fund, Carpenters Local 270, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Carpenters Local 237, West Central Illinois Building & Construction Trades Council, Carpenters Retirement Savings Fund of Illinois, Mclean and Livingston Building Trades Fund, Carpenters Labor Management Education and Development Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Tri-County Labor Council, Combined Central Illinois Construction Industry Funds, Central Illinois Carpenters Retirement Savings Fund, Central Illinois Builders, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee. Dashco, Inc. served on 4/5/2019, answer due 4/26/2019. (Kimmey, James) |
| Filing 3 Summons Issued as to Debra S. Belfield. (SKN, ilcd) |
| Filing 2 Summons Issued as to Dashco, Inc., d/b/a Rainguard/ Energy Tech, Debra S. Belfield. (SKN, ilcd) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-3066138.), filed by Carpenters International Training Fund, Mid-Central Illinois Regional Council of Carpenters, Carpenters Pension Fund of Illinois, Carpenters Local 243, Central Illinois Carpenters Health & Welfare Trust Fund, Carpenters Local 270, Mid-Central Illinois Regional Council of Carpenters Promotional Fund, Carpenters Local 237, West Central Illinois Building & Construction Trades Council, Carpenters Retirement Savings Fund of Illinois, Mclean and Livingston Building Trades Fund, Carpenters Labor Management Education and Development Fund, Mid-Central Illinois Joint Labor Management Substance Abuse Testing & Assistance Fund, Tri-County Labor Council, Combined Central Illinois Construction Industry Funds, Central Illinois Carpenters Retirement Savings Fund, Central Illinois Builders, Mid-Central Illinois Regional Council of Carpenters-Joint Apprenticeship and Training Committee. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Kimmey, James) |
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