Fisher Sand and Gravel Company v. Central States SE & SW Areas Pension Fund et al
| Fisher Sand and Gravel Company |
| Trevor Lawrence, Gary F Caldwell, George J Westley, Gary Dunham, Robert Whitaker, Charles Whobrey, Central States Se & Sw Areas Pension Fund, General Teamsters Local 406 and Thomas Nyhan |
| 1:2021cv00621 |
| February 3, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 ANSWER to Complaint Counter-Claim (Docket # 5) and Affirmative Defenses by Fisher Sand and Gravel Company(Leadford, Joshua) |
| Filing 30 MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on the Motion to Dismiss (Dckt. No. #28 ) filed by Defendant General Teamsters Local 406. Plaintiff's response is due by April 12, 2021. Defendant's reply is due by April 26, 2021. Mailed notice. (jjr, ) |
| Filing 29 MEMORANDUM by General Teamsters Local 406 in support of Motion to Dismiss for Failure to State a Claim #28 (Pierce, Matthew) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant General Teamsters Local 406 (Pierce, Matthew) |
| Filing 27 ATTORNEY Appearance for Defendant General Teamsters Local 406 by Matthew Pierce (Pierce, Matthew) |
| Filing 26 ATTORNEY Appearance for Defendant General Teamsters Local 406 by Joel Abbott D'Alba (D'Alba, Joel) |
| Filing 25 ATTORNEY Appearance for Counter Defendant Fisher Sand and Gravel Company, Plaintiff Fisher Sand and Gravel Company by Erin Simone Johnson (Johnson, Erin) |
| Filing 24 ATTORNEY Appearance for Counter Defendant Fisher Sand and Gravel Company, Plaintiff Fisher Sand and Gravel Company by Michael A. Warner, Jr (Warner, Michael) |
| Filing 23 MINUTE entry before the Honorable Steven C. Seeger: The Motion for Leave to Appear Pro Hac Vice (Dckt. No. #21 ) is hereby granted. Attorney Joshua J. Leadford added as counsel for Fisher Sand and Gravel Company. Mailed notice. (jjr, ) |
| Filing 22 ATTORNEY Appearance for Counter Claimant General Teamsters Local 406, Defendant General Teamsters Local 406 by Michael L Fayette (Fayette, Michael) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17901877. (Leadford, Joshua) |
| Filing 20 ATTORNEY Appearance for Defendants Central States Se & Sw Areas Pension Fund, Thomas Nyhan, Charles Whobrey, Counter Claimants Central States Se & Sw Areas Pension Fund, Charles Whobrey by Kevin Matthew Kleine (Kleine, Kevin) |
| Filing 19 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by April 20, 2021. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 18 ATTORNEY Appearance for Defendants Gary F Caldwell, Central States Se & Sw Areas Pension Fund, Gary Dunham, Trevor Lawrence, Thomas Nyhan, George J Westley, Robert Whitaker, Charles Whobrey, Counter Claimants Gary F Caldwell, Central States Se & Sw Areas Pension Fund, Gary Dunham, Trevor Lawrence, George J Westley, Robert Whitaker, Charles Whobrey by Brandon Andrew Buyers (Buyers, Brandon) |
| Filing 17 ATTORNEY Appearance for Defendants Gary F Caldwell, Central States Se & Sw Areas Pension Fund, Gary Dunham, Trevor Lawrence, Thomas Nyhan, George J Westley, Robert Whitaker, Charles Whobrey, Counter Claimants Gary F Caldwell, Central States Se & Sw Areas Pension Fund, Gary Dunham, Trevor Lawrence, George J Westley, Robert Whitaker, Charles Whobrey by Albert M. Madden (Madden, Albert) |
| Filing 16 ATTORNEY Appearance for Defendants Gary F Caldwell, Central States Se & Sw Areas Pension Fund, Gary Dunham, Trevor Lawrence, Thomas Nyhan, George J Westley, Robert Whitaker, Charles Whobrey, Counter Claimants Gary F Caldwell, Central States Se & Sw Areas Pension Fund, Gary Dunham, Trevor Lawrence, George J Westley, Robert Whitaker, Charles Whobrey by Caitlin Maria McNulty (McNulty, Caitlin) |
| Filing 15 MAILED Rule 83.15 Letter to all counsel of record. (bg, ) |
| Filing 14 RECEIVED from Michigan Eastern; Case Number 1:20-cv-12926 (bg) |
Filing 13
STIPULATED ORDER TRANSFERRING VENUE to the Northern District of Illinois and staying filing deadlines. Signed by District Judge Gershwin A. Drain. (DPer) [Transferred from Michigan Eastern on 2/3/2021.]
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| Filing 12 NOTICE of Appearance by Erin Lynn Dornbos on behalf of General Teamsters Local 406. (Dornbos, Erin) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 11 NOTICE of Appearance by Michael L. Fayette on behalf of General Teamsters Local 406. (Fayette, Michael) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 10 MOTION to Stay Briefing of Plaintiff's Motion for Summary Judgment by Gary F. Caldwell, Central States SE & SW Areas Pension Fund, Gary Dunham, Trevor Lawrence, Thomas Nyhan, George J. Westley, Robert Whitaker, Charles Whobrey. (McNulty, Caitlin) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 9 MOTION to Change Venue to Northern District of Illinois by Gary F. Caldwell, Central States SE & SW Areas Pension Fund, Gary Dunham, Trevor Lawrence, Thomas Nyhan, George J. Westley, Robert Whitaker, Charles Whobrey. (Attachments: #1 Exhibit A - Declaration of A. Sprau) (McNulty, Caitlin) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 8 WAIVER OF SERVICE Returned Executed. General Teamsters Local 406 waiver sent on 1/11/2021, answer due 3/12/2021. (Leadford, Joshua) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 7 MOTION for Summary Judgment by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Declaration of K. Wright, #3 Exhibit 2-2015 CBA, #4 Exhibit 3-Notice of Termination, #5 Exhibit 4-2018 CBA, #6 Exhibit 5-Termination Notice, #7 Exhibit 6-2019 CBA, #8 Exhibit 7-2020 CBA, #9 Exhibit 8-Notice of Termination, #10 Exhibit 9-August 5, 2020 letter, #11 Exhibit 10-September 15, 2020 letter, #12 Exhibit 11-Trust Agreement, #13 Exhibit 12-October 7, 2020 letter from Fund, #14 Exhibit 13-June 21, 2019 letter from FMCS, #15 Exhibit 14-Participation Agreement) (Leadford, Joshua) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 6 ATTORNEY APPEARANCE: Caitlin M McNulty appearing on behalf of Gary F. Caldwell, Central States SE & SW Areas Pension Fund, Gary Dunham, General Teamsters Local 406, Trevor Lawrence, Thomas Nyhan, George J. Westley, Robert Whitaker, Charles Whobrey (McNulty, Caitlin) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 5 ANSWER to Complaint with Affirmative Defenses , COUNTERCLAIM filed by All Defendants against [COUNTERCLAIM DEFENDANT FISHER SAND AND GRAVEL, LLC ONLY] Trevor Lawrence, Charles Whobrey, Gary F. Caldwell, Central States SE & SW Areas Pension Fund, Robert Whitaker, George J. Westley, Gary Dunham by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (McNulty, Caitlin) Modified on 1/14/2021 (TMcg). [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 4 NOTICE of Appearance by Paul M. Newcomer on behalf of Gary F. Caldwell, Central States SE & SW Areas Pension Fund, Gary Dunham, Trevor Lawrence, George J. Westley, Robert Whitaker, Charles Whobrey. (Newcomer, Paul) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 3 SUMMONS Issued for * All Defendants * (NAhm) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Fisher Sand and Gravel Company (Leadford, Joshua) [Transferred from Michigan Eastern on 2/3/2021.] |
| Filing 1 COMPLAINT filed by Fisher Sand and Gravel Company against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-8139181 - Fee: $ 400. County of 1st Plaintiff: Midland - County Where Action Arose: Midland - County of 1st Defendant: Cook County, IL. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1. 2015 Collective Bargaining Agreement, #3 Exhibit 2. 3-2-18 Notice, #4 Exhibit 3. 2018 Collective Bargaining Agreement, #5 Exhibit 4. 4-30-19 Notice, #6 Exhibit 5. 2020 Collective Bargaining Agreement, #7 Exhibit 6. 8-5-20 Letter to the Fund, #8 Exhibit 7. 9-15-20 Letter to the Fund, #9 Exhibit 8. 10-7-20 Response from Fund) (Leadford, Joshua) [Transferred from Michigan Eastern on 2/3/2021.] |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (NAhm) [Transferred from Michigan Eastern on 2/3/2021.] |
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