Employers and Operating Engineers Local 520 Pension Fund et al v. Ehret, Inc.
| Employers and Operating Engineers Local 520 Pension Fund, Steve Smith, Michael Luhr, Employers and Operating Engineers Local 520 Health and Welfare Fund, Ryan Fischer, Operating Engineers Local 520, Mark Johnson, Ken Toennies, Michael Parkinson, Henry Rohwedder, David Baxmeyer, Chad goldschmidt, Eugene Kelley, Timothy Keeley, Employers and Operating Engineers Local 520 Vacation Fund, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Operating Engineers Local 520 Annuity Trust Fund, Donald Ferrari, Kenneth J Kilian, David Kelly Brown, Dale Keller and Charles Mahoney |
| Ehret, Inc. |
| 3:2024cv01366 |
| May 22, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Mark A Beatty |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on July 15, 2024. A more recent docket listing may be available from PACER.
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Filing 21
ORDER GRANTING #19 Consent Motion for Extension of Time to File Response. Defendant's response to Plaintiffs' Motion for Preliminary Injunction is now due on or before July 24, 2024 (see also Doc. 18). Signed by Magistrate Judge Mark A. Beatty on 7/15/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 ANSWER to #1 Complaint by Ehret, Inc..(Kaemmerer, Bryan) |
| Filing 19 Consent MOTION for Extension of Time to File Response/Reply as to 18 Order on Motion for Preliminary Injunction,,,, #16 MOTION for Preliminary Injunction by Ehret, Inc.. (Kaemmerer, Bryan) |
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Filing 18
ORDER re #16 Motion for Preliminary Injunction. Plaintiffs filed the instant motion seeking a preliminary injunction compelling Defendant to submit certain fringe benefit reports and contributions to benefit funds as required by the collective bargaining agreement, from February 2024 until the conclusion of this action (see Docs. 16, 17). If Defendant wishes to file a response in opposition to this motion, any such response is due on or before July 9, 2024. However, in the Court's experience, ERISA cases that involve fringe benefits and contributions under a collective bargaining agreement often resolve through informal settlement negotiations amongst the parties with little Court intervention. Accordingly, if the parties are currently working towards resolving this case or the issues in the pending motion without judicial intervention, the parties shall promptly notify the Court and the Court will consider extending the response deadline in order to preserve the resources of the parties. Signed by Magistrate Judge Mark A. Beatty on 6/25/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MEMORANDUM in Support re #16 MOTION for Preliminary Injunction filed by David Baxmeyer, David Kelly Brown, Employers and Operating Engineers Local 520 Health and Welfare Fund, Employers and Operating Engineers Local 520 Pension Fund, Employers and Operating Engineers Local 520 Vacation Fund, Donald Ferrari, Ryan Fischer, Chad Goldschmidt, Mark Johnson, Timothy Keeley, Dale Keller, Eugene Kelley, Kenneth J Kilian, Michael Luhr, Charles Mahoney, Operating Engineers Local 520, Operating Engineers Local 520 Annuity Trust Fund, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Michael Parkinson, Henry Rohwedder, Steve Smith, Ken Toennies. (Attachments: #1 Affidavit of Julie Visintine, #2 Exhibit 1 to Visintine Aff, #3 Exhibit 2 to Visintine Aff)(Campbell, Greg) |
| Filing 16 MOTION for Preliminary Injunction by David Baxmeyer, David Kelly Brown, Employers and Operating Engineers Local 520 Health and Welfare Fund, Employers and Operating Engineers Local 520 Pension Fund, Employers and Operating Engineers Local 520 Vacation Fund, Donald Ferrari, Ryan Fischer, Chad Goldschmidt, Mark Johnson, Timothy Keeley, Dale Keller, Eugene Kelley, Kenneth J Kilian, Michael Luhr, Charles Mahoney, Operating Engineers Local 520, Operating Engineers Local 520 Annuity Trust Fund, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Michael Parkinson, Henry Rohwedder, Steve Smith, Ken Toennies. (Campbell, Greg) |
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Filing 15
ORDER GRANTING #8 Consent Motion for Extension of Time. Defendant's answer or other responsive pleading is now due on or before July 12, 2024. Signed by Magistrate Judge Mark A. Beatty on 6/5/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty 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 24-1366-MAB. Any District Judge previously assigned will no longer be assigned to this case. (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Campbell, Greg) Modified on 6/4/2024 (aca). |
| Filing 12 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Ehret, Inc.. (Kaemmerer, Bryan) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kaemmerer, Bryan) |
| Filing 10 NOTICE OF ACTION re #7 Notice of Appearance filed by Ehret, Inc. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/forms-0. (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 NOTICE FROM CLERK Instructing Ehret, Inc to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, 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: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Ehret, Inc on 5/30/2024. Consent due by 6/20/2024 (aca) |
| Filing 8 Consent MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Ehret, Inc.. (Kaemmerer, Bryan) |
| Filing 7 NOTICE of Appearance by Bryan M. Kaemmerer on behalf of Ehret, Inc. (Kaemmerer, Bryan) |
| Filing 6 Summons Issued as to Ehret, Inc. Originals sent to counsel for service. (aca) |
| Filing 5 NOTICE REGARDING FILING re #1 Complaint filed by Ryan Fischer, Employers and Operating Engineers Local 520 Vacation Fund, Operating Engineers Local 520, Eugene Kelley, Chad Goldschmidt, Dale Keller, Kenneth J Kilian, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Henry Rohwedder, Employers and Operating Engineers Local 520 Pension Fund, Donald Ferrari, Timothy Keeley, Charles Mahoney, Mark Johnson, Ken Toennies, Employers and Operating Engineers Local 520 Health and Welfare Fund, David Baxmeyer, Michael Luhr, Steve Smith, David Kelly Brown, Michael Parkinson, Operating Engineers Local 520 Annuity Trust Fund. Civil Cover Sheet and submitted summonses are fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 4 NOTICE FROM CLERK Instructing All Plaintiffs to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, 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: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to All Plaintiffs on 5/23/2024. Consent due by 6/13/2024 (aca) |
| Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 24-1366-NJR. (aca) |
| Filing 2 NOTICE of Appearance by Greg A. Campbell on behalf of All Plaintiffs (Campbell, Greg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AILSDC-5396040.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Campbell, Greg) |
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