Employers and Operating Engineers Local 520 Pension Fund, et al. v. A & A Companies, Inc., et al.
| Dale Keller, Michael Luhr, Eugene Kelley, Timothy Keeley, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Eugene Keely, Operating Engineers Local 520 Annuity Trust Fund, David Baxmeyer, Henry Rohwedder, Dave "Kelly&quo Brown, Michael Parkinson, Employers and Operating Engineers Local 520 Health and Welfare Fimd, Eugene Keeley, Employers and Operating Engineers Local 520 Vacation Fund, Chad Goldschmidt, Ken Toennies, Employers and Operating Engineers Local 520 Pension Fund, Charles Mahoney, Ryan Fischer, Kenneth J. Kilian, Steve Smith, David "Kelly&quo Brown, Mark Johnson, Donald Ferrari, Employers and Operating Engineers Local 520 Health and Welfare Fund and David Kelly Brown |
| Petroff Trucking Company, Inc., A & A Hauling, Inc. and A & A Companies, Inc. |
| 3:2021cv00057 |
| January 15, 2021 |
| U.S. District Court for the Southern District of Illinois |
| Mark A Beatty |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 21
ORDER FINDING AS MOOT #14 Motion for More Definite Statement, in light of the Amended Complaint filed on February 18, 2021 (Doc. 20). Signed by Magistrate Judge Mark A. Beatty on 2/24/21. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
AMENDED COMPLAINT against A & A Companies, Inc., A & A Hauling, Inc., Petroff Trucking Company, Inc., filed by Ken Toennies, Ryan Fischer, Steve Smith(in his representative capacity as trustee of the Employers and Operating Engineers Local 520 Vacation Fund), David Kelly Brown, David Baxmeyer, Michael Luhr, Mark Johnson(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Pension Fund), Employers and Operating Engineers Local 520 Pension Fund, Michael Parkinson, David Kelly Brown, Donald Ferrari(in his representative capacity as Trustee of the Operating Engineers Local 520 Annuity Trust Fund), Eugene Keeley(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Pension Fund), Operating Engineers Local 520 Annuity Trust Fund, Timothy Keeley, Eugene Keeley(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Health and Welfare Fund), Mark Johnson(in his representative capacity as Trustee of the Operating Engineers Local 520 Annuity Trust Fund), Employers and Operating Engineers Local 520 Vacation Fund, Charles Mahoney, Chad Goldschmidt(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Health and Welfare Fund), Henry Rohwedder, Mark Johnson(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Vacation Fund), Donald Ferrari(in his representative capacity as trustee of the Employers and Operating Engineers Local 520 Vacation Fund), Kenneth J. Kilian(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Health and Welfare Fund), Steve Smith(in his representative capacity as Trustee of the Operating Engineers Local 520 Annuity Trust Fund), Kenneth J. Kilian(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Pension Fund), Chad Goldschmidt(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Pension Fund), Mark Johnson(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Health and Welfare Fund), Dale Keller(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Health and Welfare Fund), Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Employers and Operating Engineers Local 520 Health and Welfare Fund, Eugene Keeley(in his representative capacity as Trustee of the Operating Engineers Local 520 Joint Apprenticeship and Training Fund), Mark Johnson(in his representative capacity as Trustee of the Operating Engineers Local 520 Joint Apprenticeship and Training Fund), Dale Keller(in his representative capacity as Trustee of the Employers and Operating Engineers Local 520 Pension Fund). (Attachments: #1 Exhibit 1 to Amended Complaint, #2 Exhibit 2 to Amended Complaint, #3 Exhibit 3 to Amended Complaint, #4 Exhibit 4 to Amended Complaint, #5 Exhibit 5 to Amended Complaint, #6 Exhibit 6 to Amended Complaint)(Campbell, Greg)
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Filing 19
ORDER GRANTING #18 Motion for Leave to File. Given that this matter is still in the pleadings stage, and Defendants did not file a response or otherwise object to Plaintiffs' motion for leave to amend, the Court sees no reason why Plaintiffs should not be allowed to amend. See Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires.") Plaintiffs are ORDERED to file their First Amended Complaint on or before February 25, 2021. The amended complaint will moot Defendants' pending motion for a more definite statement (Doc. 14), but Defendants are free to renew their arguments, if appropriate, after the amended complaint is filed. Signed by Magistrate Judge Mark A. Beatty on 2/18/21. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set Deadlines: Amended Pleadings due by 2/25/2021. (jlrr)
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Filing 18
MOTION for Leave to File First Amended Complaint by All Plaintiffs. (Attachments: #1 First Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Errata 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Campbell, Greg)
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Filing 17
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Maag, Thomas)
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Filing 16
NOTICE OF MODIFICATION re #14 Motion for More Definite Statement filed by Petroff Trucking Company, Inc. Text entry modified to include A&A Companies, Inc. as filer. No further action is required by the filer in relation to this notification. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
NOTICE FROM CLERK Instructing A & A Companies, Inc. and Petroff Trucking Company, Inc. 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 A & A Companies, Inc. and Petroff Trucking Company, Inc. on 1/29/2021. Consent due by 2/19/2021 (kls3)
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Filing 14
MOTION for More Definite Statement by A&A Companies, Inc. and Petroff Trucking Company, Inc.. (Maag, Thomas) Modified on 1/29/2021 (kls3).
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Filing 13
NOTICE of Appearance by Thomas G. Maag on behalf of A & A Companies, Inc., Petroff Trucking Company, Inc. (Maag, Thomas)
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Filing 12
SUMMONS Returned Executed by All Plaintiffs. A & A Hauling, Inc. served on 1/25/2021, answer due 2/16/2021. (Campbell, Greg)
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Filing 11
SUMMONS Returned Executed by All Plaintiffs. A & A Companies, Inc. served on 1/25/2021, answer due 3/26/2021., (Campbell, Greg)
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Filing 10
SUMMONS Returned Executed by All Plaintiffs. Petroff Trucking Company, Inc. served on 1/25/2021, answer due 2/16/2021. (Campbell, Greg)
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Filing 9
Summons Issued as to A & A Companies, Inc., A & A Hauling, Inc. and Petroff Trucking Company, Inc. Originals mailed to Attorney Campbell. (jlrr)
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Filing 8
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Campbell, Greg)
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Filing 7
NOTICE of Appearance by Greg A. Campbell on behalf of All Plaintiffs (Campbell, Greg)
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Filing 6
NOTICE OF MODIFICATION re #5 Notice of Appearance filed by all Plaintiffs. Text entry modified to correspond with the attached document. No further action is required by the filer in relation to this notification. (kls3)
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Filing 5
EXHIBIT (Civil Cover Sheet) to #1 by Greg A. Campbell on behalf of All Plaintiffs (Campbell, Greg) Modified on 1/20/2021 (kls3).
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Filing 4
NOTICE REGARDING FILING: The Civil Cover Sheet and submitted summonses are fillable documents. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF. ALSO, numerous errors in the filing of this Complaint were made in regards to the party names. Clarification was made with Attorney Campbell's office and errors were corrected by the Court. This Notice is sent for informational purposes only. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
NOTICE OF ACTION: See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Campbell filed his Notice as an attachment to the Complaint. Attorney Campbell is to re-file the Notice of Appearance as a separate document. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. 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: each and every Plaintiff. 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 3:21-cv-57-MAB. Consent due by 2/9/2021 (kls3)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0754-4379422.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Entry of Appearance, #4 Summons, #5 Summons, #6 Summons)(Campbell, Greg)
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