Central Laborers' Pension Fund et al v. Brock Industrial Services, LLC
| Central Laborers' Welfare Fund, Central Illinois Laborers-Employers Cooperation and Education Trust, Midwest Region Foundation For Fair Contracting, Great Plains Laborers' District Council Working Dues Check Off Fund, Great Plains Laborers' Vacation Fund, Central Laborers' Pension Fund, Laborers' Local 703 Legal Services Fund, Local 703 Substance Abuse Testing Program, Central Laborers' Annuity Fund, Illinois Laborers and Contractors Joint Apprenticeship & Training Trust Fund and Illinois Valley Contractors Industry Advancement Fund |
| Brock Industrial Services, LLC |
| 1:2021cv02065 |
| April 16, 2021 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1131 |
| None |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant's motion to vacate the entry of default order and for leave to answer or otherwise plead #11 is pending before the Court. The motion to vacate the entry of default order is unopposed, and the Court finds that per the Federal Rule of Civil Procedure 55(c), Defendant has established good cause for its delay. See Sun v. Bd. of Trs. of the Univ. of Ill., 473 F.3d 799, 810 (7th Cir. 2007). Specifically, Defendant explains that due to Covid-19, it has been operating with reduced staff, and the appropriate person, who should have received the Complaint after service, did not receive it. Moreover, Defendant represents that it did not receive a copy of the motion for default judgment until after the default order was entered. Defendant took quick action to correct the default (this motion was filed only five days after the entry of default). And, Defendant has set forth potentially meritorious defenses. As such, the motion to vacate #11 is granted under Rule 55(c). Defendant is also granted leave to answer or otherwise plead. Defendant's answer or responsive pleading is due June 18, 2021. Mailed notice (axc). |
| Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Brock Industrial Services, LLC re MOTION by Defendant Brock Industrial Services, LLC to set aside default Unopposed Motion of Defendant Brock Industrial Services, LLC to Vacate the Default Order and For Leave to Answer or Otherwise Plead #11 (Newton, Amelia) |
| Filing 11 MOTION by Defendant Brock Industrial Services, LLC to set aside default Unopposed Motion of Defendant Brock Industrial Services, LLC to Vacate the Default Order and For Leave to Answer or Otherwise Plead (Newton, Amelia) |
| Filing 10 ATTORNEY Appearance for Defendant Brock Industrial Services, LLC by Amelia Susan Newton (Newton, Amelia) |
| Filing 9 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiffs' motion for entry of default #8 is granted. Default is entered against defendant Brock Industrial Services, LLC. A motion for default judgment with prove-up may be filed with the proper notice. Plaintiffs shall send Defendant Brock Industrial Services, LLC a copy of this Order. Mailed notice (axc). |
| Filing 8 MOTION by Plaintiffs Central Illinois Laborers-Employers Cooperation and Education Trust, Central Laborers' Annuity Fund, Central Laborers' Pension Fund, Central Laborers' Welfare Fund, Great Plains Laborers' District Council Working Dues Check Off Fund, Great Plains Laborers' Vacation Fund, Illinois Laborers and Contractors Joint Apprenticeship & Training Trust Fund, Illinois Valley Contractors Industry Advancement Fund, Laborers' Local 703 Legal Services Fund, Local 703 Substance Abuse Testing Program, Midwest Region Foundation For Fair Contracting for entry of default (Toth, Richard) |
| Filing 7 CERTIFICATE of Service of Court Order by Richard A. Toth on behalf of All Plaintiffs regarding set deadlines,,,, #5 (Toth, Richard) |
| Filing 6 SUMMONS Returned Executed by Laborers' Local 703 Legal Services Fund, Great Plains Laborers' District Council Working Dues Check Off Fund, Central Laborers' Annuity Fund, Midwest Region Foundation For Fair Contracting, Illinois Laborers and Contractors Joint Apprenticeship & Training Trust Fund, Central Laborers' Welfare Fund, Local 703 Substance Abuse Testing Program, Central Laborers' Pension Fund, Illinois Valley Contractors Industry Advancement Fund, Great Plains Laborers' Vacation Fund, Central Illinois Laborers-Employers Cooperation and Education Trust as to All Defendants. (Toth, Richard) |
| Filing 5 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 6/30/2021, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report.' The court will enter a scheduling order in response. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at analeah_charles@ilnd.uscourts.gov to reschedule the Joint Initial Status Report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Mailed notice (Attachments: #1 joint status report) (axc). |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs re complaint,, #1 (Toth, Richard) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Central Illinois Laborers-Employers Cooperation and Education Trust, Central Laborers' Annuity Fund, Central Laborers' Pension Fund, Central Laborers' Welfare Fund, Great Plains Laborers' District Council Working Dues Check Off Fund, Great Plains Laborers' Vacation Fund, Illinois Laborers and Contractors Joint Apprenticeship & Training Trust Fund, Illinois Valley Contractors Industry Advancement Fund, Laborers' Local 703 Legal Services Fund, Local 703 Substance Abuse Testing Program, Midwest Region Foundation For Fair Contracting by Richard A. Toth (Toth, Richard) |
| Filing 2 CIVIL Cover Sheet (Toth, Richard) |
| Filing 1 COMPLAINT filed by Laborers' Local 703 Legal Services Fund, Great Plains Laborers' District Council Working Dues Check Off Fund, Central Laborers' Annuity Fund, Midwest Region Foundation For Fair Contracting, Illinois Laborers and Contractors Joint Apprenticeship & Training Trust Fund, Central Laborers' Welfare Fund, Local 703 Substance Abuse Testing Program, Central Laborers' Pension Fund, Illinois Valley Contractors Industry Advancement Fund, Great Plains Laborers' Vacation Fund, Central Illinois Laborers-Employers Cooperation and Education Trust; Filing fee $ 402, receipt number 0752-18135293.(Toth, Richard) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (as, ) |
| SUMMONS Issued as to Defendant Brock Industrial Services, LLC (as, ) |
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