St. Louis-Kansas City Carpenters Regional Council et al v. Cecil Compton Construction, LLC et al
| Trustee Dennis Joyce, John Gaal, Donald Jr. Brussel, Dan Barger, Robert Behlman, Dan Neiswander, Craig McPartlin, Todd Hake, Greg Hesser, James Carson, Mike Hart, Kevin Deptula, Tim Wies, Kent Kiefner, Mike Weis, Albert Bond, Scott Byrne, Robert Calhoun, Scott Bryne, Trustee Rocky Kloth, Trustee Jim Sauer, Tod O'Donaghue, Tim schoolfield, Keith Taylor, Mark Boehms and St. Louis-Kansas City Carpenters Regional Council |
| Cecil Compton Construction, LLC, Christopher Compton and Compton Sons Siding, LLC |
| 3:2019cv01366 |
| December 17, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Gilbert C Sison |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 24
ORDER finding as moot #11 Motion to Dismiss for Failure to State a Claim; granting #14 Motion for Leave to File. No objections having been filed, Plaintiffs' motion for leave to file an amended complaint is GRANTED. Plaintiffs shall file their amended complaint instanter. Defendants' motion to dismiss directed at the original complaint is DENIED as MOOT. Signed by Magistrate Judge Gilbert C. Sison on 2/14/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 ANSWER to Complaint (First Amended) by All Defendants.(Lammert, Andrew) |
| Filing 22 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Gilbert C. Sison is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 19-1366-GCS. Any District Judge previously assigned will no longer be assigned to this case. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 21 Corporate Disclosure Statement by Compton Sons Siding, LLC. (Lammert, Andrew) |
| Filing 20 Corporate Disclosure Statement by Cecil Compton Construction, LLC. (Lammert, Andrew) |
| Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Lammert, Andrew) |
| Filing 18 NOTICE of Appearance by Andrew M. Lammert on behalf of All Defendants (Lammert, Andrew) |
| Filing 17 NOTICE FROM CLERK Instructing Andrew Lammert to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Andrew Lammert on 2/6/2020. Consent due by 2/27/2020 (jlrr) |
| Filing 16 NOTICE OF MODIFICATION re #15 Notice (Other) filed by Rocky Kloth. No further action is required by the filer in relation to this notification. e-filer selected incorrect event, clerks office has modified the docket entry to accurately reflect the pleading attached. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 15 Consent/non-consent NOTICE by All Plaintiffs Regarding Magistrate Judge Jurisdiction and Consent/Non-Consent Form (Campbell, Greg) Modified on 1/24/2020 (ack). |
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ORDER Setting Deadlines as to #14 MOTION for Leave to File Plaintiffs' First Amended Complaint. Objections, if any, to the motion for leave to file Plaintiffs' first amended complaint (Doc. #14 ) shall be filed on or before February 3, 2020. Signed by Magistrate Judge Gilbert C. Sison on 1/24/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for Leave to File Plaintiffs' First Amended Complaint by Dan Barger, Robert Behlman, Mark Boehms, Albert Bond(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Albert Bond(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Albert Bond(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Albert Bond(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Donald Jr. Brussel(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Donald Jr. Brussel(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Donald Jr. Brussel(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Scott Bryne, Scott Byrne(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Scott Byrne(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Scott Byrne(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Robert Calhoun(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Robert Calhoun(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Robert Calhoun(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), James Carson(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), James Carson(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), James Carson(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Kevin Deptula(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Kevin Deptula(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Kevin Deptula(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Kevin Deptula(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), John Gaal, Todd Hake(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Todd Hake(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Todd Hake(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Todd Hake(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Mike Hart, Greg Hesser(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Greg Hesser(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Greg Hesser(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Dennis Joyce(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Dennis Joyce(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Dennis Joyce(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Kent Kiefner, Rocky Kloth(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Rocky Kloth(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Rocky Kloth(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Rocky Kloth(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Craig McPartlin(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Craig McPartlin(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Craig McPartlin(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Dan Neiswander(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Dan Neiswander(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Dan Neiswander(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Tod O'Donaghue(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Tod O'Donaghue(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Tod O'Donaghue(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Jim Sauer(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Jim Sauer(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Jim Sauer(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), St. Louis-Kansas City Carpenters Regional Council, Keith Taylor(in his representative capacity as Trustee of the Carpenters' Joint Training Fund of St. Louis), Keith Taylor(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Keith Taylor(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Keith Taylor(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis), Mike Weis, Tim Wies, Tim schoolfield(in his representative capacity as trustee of the Carpenters' Health and Welfare Trust Fund of St. Louis), Tim schoolfield(in his representative capacity as Trustee of the Carpenters' Pension Trust Fund of St. Louis), Tim schoolfield(in his representative capacity as Trustee of the Carpenters' Vacation Trust Fund of St. Louis). (Attachments: #1 First Amended Complaint, #2 Exhibit 1 to Amended Complaint, #3 Exhibit 2 to Amended Complaint, #4 Exhibit 3 to Amended Complaint, #5 Exhibit 4 to Amended Complaint, #6 Exhibit 5 to Amended Complaint)(Campbell, Greg) |
| Filing 13 NOTICE OF REASSIGNMENT TO A U.S. MAGISTRATE JUDGE: Pursuant to Administrative Order No. 257, this case is reassigned to United States Magistrate Judge Gilbert C. Sison. Chief District Judge Nancy J. Rosenstengel no longer assigned to the case. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Cecil Compton Construction, LLC, Christopher Compton, Compton Sons Siding, LLC. A link regarding the magistrate judges in this district is attached for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 19-1366-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due 2/6/2020.(lmb) |
| Filing 12 NOTICE OF ACTION re #10 Answer to Complaint filed by Cecil Compton Construction, LLC, #11 Motion to Dismiss for Failure to State a Claim filed by Christopher Compton, Compton Sons Siding, LLC. All attorneys are required to file an entry of appearance in accordance of 83.1(f). Attorney Lammert is directed to file his entry of appearance. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 MOTION to Dismiss for Failure to State a Claim by Christopher Compton, Compton Sons Siding, LLC. Responses due by 2/10/2020 (Lammert, Andrew) |
| Filing 10 Defendant Cecil Compton Construction, LLC ANSWER to #1 Complaint,,,, by Cecil Compton Construction, LLC.(Lammert, Andrew) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Campbell, Greg) |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Consent/Non-Consent to US Magistrate Judge. The Clerk's Office received a Consent/Non-Consent form from one or more plaintiffs to this action. The form is incomplete. It fails to list each plaintiff that is consenting or not consenting to magistrate judge jurisdiction ("et al" is insufficient). Therefore, the pleading is STRICKEN. Another form is attached to this Notice. Please submit the attached form as soon as possible. The form should specifically list each party that is consenting or not consenting to magistrate judge jurisdiction. (kek) |
| Filing 7 STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Campbell, Greg) Modified on 12/19/2019 (kek). |
| Filing 6 Letter to attorneys of record regarding transfer of case to ILSD (Attachments: #1 Consent to Magistrate Judge) (rah) |
| Filing 5 Case transferred in from District of Missouri Eastern; Case Number 4:19-cv-03252. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
DOCKET Text Order: Re: #3 MOTION to Transfer Case to Southern District of Illinois by Plaintiffs (Campbell, Greg) ORDERED GRANTED. Signed by District Judge John A. Ross on 12/13/19. (JAB) [Transferred from Missouri Eastern on 12/17/2019.]
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| Filing 3 MOTION to Transfer Case to Southern District of Illinois by Plaintiffs Dan Barger, Robert Behlman, Mark Boehms, Albert Bond, Albert Bond, Albert Bond, Albert Bond, Donald Jr. Brussel, Donald Jr. Brussel, Donald Jr. Brussel, Scott Bryne, Scott Byrne, Scott Byrne, Scott Byrne, Robert Calhoun, Robert Calhoun, Robert Calhoun, James Carson, James Carson, James Carson, Kevin Deptula, Kevin Deptula, Kevin Deptula, Kevin Deptula, John Gaal, Todd Hake, Todd Hake, Todd Hake, Todd Hake, Mike Hart, Greg Hesser, Greg Hesser, Greg Hesser, Dennis Joyce, Dennis Joyce, Dennis Joyce, Kent Kiefner, Rocky Kloth, Rocky Kloth, Rocky Kloth, Rocky Kloth, Craig McPartlin, Craig McPartlin, Craig McPartlin, Dan Neiswander, Dan Neiswander, Dan Neiswander, Tod O'Donaghue, Tod O'Donaghue, Tod O'Donaghue, Jim Sauer, Jim Sauer, Jim Sauer, Tim Schoolfield, Tim Schoolfield, Tim Schoolfield, St. Louis-Kansas City Carpenters Regional Council, Keith Taylor, Keith Taylor, Keith Taylor, Keith Taylor, Mike Weis, Tim Wies. (Campbell, Greg) [Transferred from Missouri Eastern on 12/17/2019.] |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Dan Barger, Robert Behlman, Mark Boehms, Albert Bond, Albert Bond, Albert Bond, Albert Bond, Donald Jr. Brussel, Donald Jr. Brussel, Donald Jr. Brussel, Scott Bryne, Scott Byrne, Scott Byrne, Scott Byrne, Robert Calhoun, Robert Calhoun, Robert Calhoun, James Carson, James Carson, James Carson, Kevin Deptula, Kevin Deptula, Kevin Deptula, Kevin Deptula, John Gaal, Todd Hake, Todd Hake, Todd Hake, Todd Hake, Mike Hart, Greg Hesser, Greg Hesser, Greg Hesser, Dennis Joyce, Dennis Joyce, Dennis Joyce, Kent Kiefner, Rocky Kloth, Rocky Kloth, Rocky Kloth, Rocky Kloth, Craig McPartlin, Craig McPartlin, Craig McPartlin, Dan Neiswander, Dan Neiswander, Dan Neiswander, Tod O'Donaghue, Tod O'Donaghue, Tod O'Donaghue, Jim Sauer, Jim Sauer, Jim Sauer, Tim Schoolfield, Tim Schoolfield, Tim Schoolfield, St. Louis-Kansas City Carpenters Regional Council, Keith Taylor, Keith Taylor, Keith Taylor, Keith Taylor, Mike Weis, Tim Wies Process Server: Frederick Investigations (Campbell, Greg) [Transferred from Missouri Eastern on 12/17/2019.] |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-7634221, in the amount of $400 Non-Jury Demand,, filed by Donald Jr. Brussel, Albert Bond, Tim Wies, Scott Byrne, Scott Bryne, Robert Calhoun, Dan Neiswander, Kevin Deptula, John Gaal, James Carson, Kent Kiefner, Rocky Kloth, Tod O'Donaghue, Greg Hesser(in their representative capacities as Trustees of the Carpenters' Health and Welfare Trust Fund of St. Louis), Todd Hake, Jim Sauer, Dennis Joyce, Greg Hesser(in their representative capacities as Trustees of the CARPENTERS PENSION TRUST FUND OF ST. LOUIS), Keith Taylor, Mike Weis, Robert Behlman, Mike Hart, Dan Barger, Albert Bond, St. Louis-Kansas City Carpenters Regional Council, Tim Schoolfield, Craig McPartlin, Mark Boehms, Greg Hesser(in their representative capacities as Trustees of the Carpenters' Vacation Trust Fund of St. Louis). (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons, #4 Summons, #5 Summons)(Campbell, Greg) [Transferred from Missouri Eastern on 12/17/2019.] |
| Summons Issued as to defendant All Defendants. The summons was emailed to Greg A. Campbell. (MFG) [Transferred from Missouri Eastern on 12/17/2019.] |
| Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable John A. Ross. (MFG) [Transferred from Missouri Eastern on 12/17/2019.] |
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