Carpenters Pension Fund of Illinois v. Calacci Construction Co., Inc.
| Carpenters Pension Fund of Illinois |
| Calacci Construction Co., Inc. |
| 4:2020cv04157 |
| July 14, 2020 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 |
| None |
Docket Report
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| Document Text |
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| Remark: Case closed pursuant to 8/25/20 Notice of Voluntary Dismissal. (ED, ilcd) |
| Filing 3 NOTICE of Voluntary Dismissal by Carpenters Pension Fund of Illinois. (Leahy, John) |
| Set/Reset Deadlines/Hearings: Miscellaneous Deadline 8/25/2020 for Pla to file a supplement to its Complaint and Motion to Transfer. See Text Order entered 8/11/2020. (KB, ilcd) |
TEXT ORDER entered by Chief Judge Sara Darrow on August 11, 2020. Plaintiff Carpenters Pension Fund of Illinois has filed a #2 Motion to Transfer Venue Pursuant to 28 U.S. Code 1406(a), seeking to transfer this case to the United States District Court for the Northern District of Illinois, Eastern Division. Under 28 U.S.C. 1406(a), "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." In cases brought under the Employee Retirement Income Security Act of 1974 such as this one, venue is proper "in the district where the plan is administered, where the breach took place, or where a defendant resides or may be found." 29 U.S.C. 1132(e)(2). In Plaintiff's Motion to Transfer Venue, it asserts that venue is improper in the Central District of Illinois and proper in the Northern District of Illinois but adduces only one piece of information to support the claim: that "Plaintiff's pension plan is administered in DuPage County, Illinois." Mot. Transfer Venue para. 6. While Plaintiff states that "the plaintiffs' plan is not administered in the jurisdiction of this district court, the defendant does not reside in this district court, and the breach did not take place in the jurisdiction of this district court," id. para. 5, nowhere in its Motion to Transfer Venue, nor in its complaint, see #1 Compl., does Plaintiff assert where the breach took place or where Defendant resides or may be found. This information is necessary for the Court to determine that venue in the Central District of Illinois is improper and, therefore, that transfer under 28 U.S.C. 1406(a) is permissible. Plaintiff is ordered to file, within 14 days of this order, a supplement to its #1 Complaint and #2 Motion to Transfer, asserting the parties' jurisdictional information, including the location where the breach took place and the location where Defendant resides or may be found. (AAK, ilcd)
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| Filing 2 MOTION to Transfer Case by Plaintiff Carpenters Pension Fund of Illinois. Responses due by 8/3/2020 (Attachments: #1 Text of Proposed Order)(Leahy, John) |
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TEXT ORDER: CDIL-LR 40.1(F) states, "As part of the statement of jurisdiction, the initial pleadings in each case must state the basis for filing in the division selected." The Plaintiff's Complaint #1 does not state the basis for filing in the Rock Island Division of the U.S. District Court for the Central District of Illinois, and the basis for doing so is not apparent from the face of the Complaint. Also, the Exhibits attached to the Complaint contain original signatures. The Clerk is directed to place Exhibits A-C [1-1) to [1-3] UNDER SEAL. The Plaintiff is accordingly directed to file an amended complaint that complies with CDIL-LR 40.1(F) and includes properly redacted exhibits in compliance with CDIL-LR 5.11(A) by 7/22/2020. Entered by Magistrate Judge Jonathan E. Hawley on 7/15/2020. (KZ, ilcd)
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| Filing 1 COMPLAINT against Calacci Construction Co., Inc. ( Filing fee $ 400 receipt number 0753-3422837.), filed by Carpenters Pension Fund of Illinois. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Summons, #7 Civil Cover Sheet)(Leahy, John) |
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| Plaintiff: Carpenters Pension Fund of Illinois | |
| Represented By: | John P Leahy |
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| Defendant: Calacci Construction Co., Inc. | |
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