Plumbers and Fitters Local Union 101 et al v. Spengler Plumbing Company, Inc. et al
| Plumbers and Fitters Local 101 Health and Welfare Fund, James Lugge, Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust, Steve Meister, Eric Gillan, Mark Ehret, Sr., Albert "E.J." Roscow, Daniel McKenna, Plumbers Local No. 360 Supplementl Pension Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Dave Boden, Matt Biekert, Don Hanser, Plumbers Local No. 360 Health and Welfare Fund, Plumbers Local No. 360 Pension Fund, Scott Dietz, Plumbers Local 360 Joint Apprenticeship and Training Program Trust, Kevin Nenninger, Brian Ruffini, Scott Deitz, Local 101 Pension and Supplemental 401(k) Pension Funds, Plumbers and Fitters Local Union 101, Gary Vasquez, Kent Dickemann, Robin Adair, Don DeGonia, Jeff Mitchell, Mark Ehret and Jeff Davis |
| Spengler Plumbing Company, Inc. and The Spengler Company, Inc. |
| 3:2021cv00225 |
| February 26, 2021 |
| U.S. District Court for the Southern District of Illinois |
| Gilbert C Sison |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Filing 12 MOTION for Default Judgment as to by All Plaintiffs. (Attachments: #1 Exhibit 1 to Memorandum, #2 Exhibit 2 to Memorandum, #3 Exhibit 3 to Memorandum, #4 Affidavit of Don Degonia, #5 Exhibit 1 to Degnoia Affidavit, #6 Exhibit 2 to Degonia Affidavit, #7 Exhibit 3 to Degnoia Affidavit, #8 Exhibit 4 to Degonia Affidavit, #9 Affidavit of Scott Deitz, #10 Exhibit 1 to Deitz Affidavit, #11 Exhibit 2 to Deitz Affidavit, #12 Exhibit 3 to Deitz Affidavit, #13 Exhibit 4 to Deitz Affidavit)(Campbell, Greg) |
| Filing 11 Clerk's ENTRY OF DEFAULT as to All Defendants, Granting #10 MOTION for Entry of Default Against Defendant The Spengler Company filed by Kent Dickemann, Mark Ehret, Dave Boden, Plumbers and Fitters Local Union 101, Scott Deitz, James Lugge, Don Hanser, Plumbers Local No. 360 Health and Welfare Fund, Jeff Mitchell, Daniel McKenna, Steve Meister, Plumbers Local 360 Joint Apprenticeship and Training Program Trust, Scott Dietz, Albert "E.J." Roscow, Jeff Davis, Brian Ruffini, Matt Biekert, Plumbers and Fitters Local 101 Health and Welfare Fund, Mark Ehret, Sr., Kevin Nenninger, Robin Adair, Don DeGonia, Plumbers Local No. 360 Pension Fund, Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Local 101 Pension and Supplemental 401(k) Pension Funds, Eric Gillan, Gary Vasquez, Plumbers Local No. 360 Supplementl Pension Fund, #9 MOTION for Entry of Default Against Defendant Spengler Plumbing Company, Inc. filed by Kent Dickemann, Mark Ehret, Dave Boden, Plumbers and Fitters Local Union 101, Scott Deitz, James Lugge, Don Hanser, Plumbers Local No. 360 Health and Welfare Fund, Jeff Mitchell, Daniel McKenna, Steve Meister, Plumbers Local 360 Joint Apprenticeship and Training Program Trust, Scott Dietz, Albert "E.J." Roscow, Jeff Davis, Brian Ruffini, Plumbers and Fitters Local 101 Health and Welfare Fund, Matt Biekert, Mark Ehret, Sr., Kevin Nenninger, Don DeGonia, Robin Adair, Plumbers Local No. 360 Pension Fund, Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Local 101 Pension and Supplemental 401(k) Pension Funds, Eric Gillan, Gary Vasquez, Plumbers Local No. 360 Supplementl Pension Fund.(clt) |
| Filing 10 MOTION for Entry of Default Against Defendant The Spengler Company by Robin Adair, Matt Biekert, Dave Boden, Jeff Davis, Don DeGonia(in their representative capacities as Trustees of Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplemental Pension Fund and Plumbers Local No. 360 Health and Welfare Fund), Don DeGonia(in their representative capacities as Trustees of the Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust), Scott Deitz, Kent Dickemann, Scott Dietz(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Scott Dietz(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Mark Ehret, Sr(in their representative capacities as Trustees of Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplemental Pension Fund and Plumbers Local No. 360 Health and Welfare Fund), Mark Ehret, Sr(in their representative capacities as Trustees of the Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust), Mark Ehret, Eric Gillan(in their representative capacities as Trustees of Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplemental Pension Fund and Plumbers Local No. 360 Health and Welfare Fund), Eric Gillan(in their representative capacities as Trustees of the Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust), Don Hanser, Local 101 Pension and Supplemental 401(k) Pension Funds, James Lugge(in their representative capacities as Trustees of the Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust), James Lugge(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), James Lugge(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Daniel McKenna(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Daniel McKenna(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Steve Meister, Jeff Mitchell, Kevin Nenninger, Plumbers Local 360 Joint Apprenticeship and Training Program Trust, Plumbers Local No. 360 Health and Welfare Fund, Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplementl Pension Fund, Plumbers and Fitters Local 101 Health and Welfare Fund, Plumbers and Fitters Local Union 101, Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust, Albert "E.J." Roscow(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Albert "E.J." Roscow(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Brian Ruffini, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Gary Vasquez(in their representative capacities as Trustees of the Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust), Gary Vasquez(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Gary Vasquez(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund). (Campbell, Greg) |
| Filing 9 MOTION for Entry of Default Against Defendant Spengler Plumbing Company, Inc. by Robin Adair, Matt Biekert, Dave Boden, Jeff Davis, Don DeGonia(in their representative capacities as Trustees of Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplemental Pension Fund and Plumbers Local No. 360 Health and Welfare Fund), Don DeGonia(in their representative capacities as Trustees of the Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust), Scott Deitz, Kent Dickemann, Scott Dietz(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Scott Dietz(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Mark Ehret, Sr(in their representative capacities as Trustees of Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplemental Pension Fund and Plumbers Local No. 360 Health and Welfare Fund), Mark Ehret, Sr(in their representative capacities as Trustees of the Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust), Mark Ehret, Eric Gillan(in their representative capacities as Trustees of Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplemental Pension Fund and Plumbers Local No. 360 Health and Welfare Fund), Eric Gillan(in their representative capacities as Trustees of the Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust), Don Hanser, Local 101 Pension and Supplemental 401(k) Pension Funds, James Lugge(in their representative capacities as Trustees of the Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust), James Lugge(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), James Lugge(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Daniel McKenna(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Daniel McKenna(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Steve Meister, Jeff Mitchell, Kevin Nenninger, Plumbers Local 360 Joint Apprenticeship and Training Program Trust, Plumbers Local No. 360 Health and Welfare Fund, Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Supplementl Pension Fund, Plumbers and Fitters Local 101 Health and Welfare Fund, Plumbers and Fitters Local Union 101, Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust, Albert "E.J." Roscow(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund), Albert "E.J." Roscow(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Brian Ruffini, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Gary Vasquez(in their representative capacities as Trustees of the Plumbers and Pipefitters Local 101 Joint Apprentice and Journeyman Training Trust), Gary Vasquez(in their representative capacities as Trustees of the Local 101 Pension and Supplemental 401(k) Pension Funds), Gary Vasquez(in their representative capacities as Trustees of the Plumbers and Fitters Local 101 Health and Welfare Fund). (Campbell, Greg) |
| Filing 8 NOTICE OF IMPENDING DISMISSAL - The record before the Court indicates that Defendants were served, yet failed to file an answer or otherwise plead in response to the complaint (Doc. 6, 7). Therefore, NOTICE IS HEREBY GIVEN to Plaintiffs that Defendants will be dismissed for want of prosecution unless Plaintiff moves for a clerk's entry of default under Federal Rule of Civil Procedure 55(a) by April 29, 2021. Signed by Magistrate Judge Gilbert C. Sison on 4/8/2021. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Action due by 4/29/2021. (clt) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs. Spengler Plumbing Company, Inc. served on 3/4/2021, answer due 3/25/2021. (Campbell, Greg) |
| Filing 6 SUMMONS Returned Executed by All Plaintiffs. The Spengler Company, Inc. served on 3/4/2021, answer due 3/25/2021. (Campbell, Greg) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Campbell, Greg) |
| Filing 4 Summons Issued as to Spengler Plumbing Company, Inc., The Spengler Company, Inc. Originals mailed to requesting party. (clt) |
| Filing 3 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison 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: All Plaintiffs. 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-00225-GCS. Consent due by 3/19/2021 (clt) |
| Filing 2 NOTICE of Appearance by Greg A. Campbell on behalf of All Plaintiffs (Campbell, Greg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0754-4413819.), filed by All Plaintiffs. (Attachments: #1 Errata 1(b), #2 Civil Cover Sheet, #3 Original Filing Form, #4 Summons, #5 Summons)(Campbell, Greg) |
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