United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360 et al v. Jeri Lynn Crafton
| Plumbers Local No. 360 Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Brian Ruffini, Steve Schroeder, Eugene Ortolan, Plumbers Local 360 Supplemental Pension Fund, Donald Degonia, Kyle Downey, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Mark Ehret, Sr., Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, Ken Legate, Jim Lugge, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Brian Ruffine, Mark Ehret and Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust |
| Crafton Plumbing and Home Services, LLC |
| 3:2024cv02581 |
| December 9, 2024 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| 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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Filing 24
ORDER regarding #23 Consent Motion for Extension of Time by Defendant Crafton Plumbing and Home Services, LLC. On January 27, 2025, the Court ordered Defendant to supplement its Motion to Set Aside Default Judgment (Doc. 18) with an explanation as to why there is good cause for the Court to set aside the default judgment. (Doc. 22). Now, Defendant requests an extension to supplement because the parties are engaged in settlement talks. The Motion further states that Plaintiff consents to the requested extension. Accordingly, the Motion for Extension is GRANTED. Defendant's supplement pursuant to the Order at Doc. 22 is due on or before February 21, 2025. Signed by Judge David W. Dugan on 2/5/2025. (orw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION for Extension of Time by Crafton Plumbing and Home Services, LLC. (Stewart, Douglas) |
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Filing 22
ORDER regarding #18 Defendant's Motion to Set Aside Default Judgment. On January 21, 2025, upon motion from Plaintiffs, the Court entered default judgment in favor of Plaintiffs and against Defendant for its failure to file a timely response to the complaint. Three days later, Defendant filed its Answer (Doc. 18) and the instant motion (Doc. 18). Rule 60(b) of the Federal Rules of Civil Procedure permits a party relief from a judgment for a number of reasons, including mistake or "any other reason justifying relief from the operation of judgment." Fed. R. Civ. P. 60(b). Here, Defendant states that its failure to file responsive pleadings was not meant as disrespect on this Court or judicial economy, but does not provide a reason justifying relief from the judgment. Accordingly, Defendant is DIRECTED to supplement its motion explaining why there is good cause for the Court to set aside the default judgment on or before February 6, 2025. Plaintiff may then respond, if it so wishes, on or before February 17, 2025. Signed by Judge David W. Dugan on 1/27/2025. (orw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 MEMORANDUM in Opposition re #18 MOTION to Set Aside Default filed by Mark Ehret, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, Donald Degonia, Kyle Downey, Mark Ehret, Sr. (Campbell, Greg) |
| Filing 20 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #19 Motion to Set Aside Default filed by Crafton Plumbing and Home Services, LLC, Jeri Lynn Crafton. Document contains a proposed order. Proposed orders are not to be filed, rather should be submitted via e-mail to the assigned Judge (see CM/ECF Users Manual at pgs. 2.6-2.7). T (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 19 STRICKEN - Proposed MOTION to Set Aside Default by All Defendants. (Stewart, Douglas) Modified on 1/27/2025 (jdc). |
| Filing 18 MOTION to Set Aside Default by All Defendants. (Stewart, Douglas) Modified on 1/27/2025 (jlh). |
| Filing 17 ANSWER to #7 Amended Complaint,,, by All Defendants.(Stewart, Douglas) |
| Filing 16 JUDGMENT IN A CIVIL ACTION. Approved by Judge David W. Dugan on 1/21/2025. (dmw2) |
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Filing 15
ORDER GRANTING Motion for Default Judgment. (Doc. 11). See attached Order. Signed by Judge David W. Dugan on 1/21/2025. (orw)
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| Filing 14 Clerk's ENTRY OF DEFAULT as to Eugene Ortolan, Steve Schroeder, Brian Ruffine, Mark Ehret, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Donald Degonia, Kyle Downey, Mark Ehret, Sr, Brian Ruffini, Plumbers Local No. 360 Pension Fund, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Ken Legate, Granting #10 MOTION for Entry of Default by the Clerk filed by Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, Mark Ehret, Kyle Downey, Donald Degonia, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, East Side Plumbing and Heating Contractors Industry Advancement Fund, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, Brian Ruffine, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Eugene Ortolan, Brian Ruffini, Mark Ehret, Sr., Plumbers Local No. 360 Pension Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Steve Schroeder, Ken Legate, Jim Lugge.. (jle) |
| Filing 13 NOTICE OF STATEMENT OF COMPLIANCE by Eugene Ortolan, Steve Schroeder, Brian Ruffine, Mark Ehret, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Donald Degonia, Kyle Downey, Mark Ehret, Sr, Brian Ruffini, Plumbers Local No. 360 Pension Fund, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Ken Legate (Campbell, Greg) |
| Filing 12 MEMORANDUM in Support re #11 MOTION for Default Judgment as to Delinquent Contributions, union dues, liquidated damages, DOL fees, attorneys' fees and costs filed by Eugene Ortolan, Steve Schroeder, Brian Ruffine, Mark Ehret, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Donald Degonia, Kyle Downey, Mark Ehret, Sr, Brian Ruffini, Plumbers Local No. 360 Pension Fund, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Ken Legate. (Attachments: #1 Affidavit of Don DeGonia, #2 Exhibit 1 to DeGonia Aff, #3 Exhibit 2 to DeGonia Aff, #4 Affidavit of Greg A. Campbell, #5 Proposed Judgment)(Campbell, Greg) |
| Filing 11 MOTION for Default Judgment as to Delinquent Contributions, union dues, liquidated damages, DOL fees, attorneys' fees and costs by Eugene Ortolan, Steve Schroeder, Brian Ruffine, Mark Ehret, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Donald Degonia, Kyle Downey, Mark Ehret, Sr, Brian Ruffini, Plumbers Local No. 360 Pension Fund, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Ken Legate. (Campbell, Greg) |
| Filing 10 MOTION for Entry of Default by the Clerk by Eugene Ortolan, Steve Schroeder, Brian Ruffine, Mark Ehret, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Donald Degonia, Kyle Downey, Mark Ehret, Sr, Brian Ruffini, Plumbers Local No. 360 Pension Fund, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Ken Legate. (Campbell, Greg) |
| Filing 9 SUMMONS Returned Executed by All Plaintiffs. Crafton Plumbing and Home Services, LLC served on 12/16/2024, answer due 1/6/2025. (Campbell, Greg) |
| Filing 8 Summons Issued as to Crafton Plumbing and Home Services, LLC. Original summons mailed to Attorney Campbell for service. (tkm) |
| Filing 7 AMENDED COMPLAINT against Crafton Plumbing and Home Services, LLC, filed by Steve Schroeder, Plumbers Local 360 Supplemental Pension Fund, Donald Degonia, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, Mark Ehret, East Side Plumbing and Heating Contractors Industry Advancement Fund, Plumbers Local No. 360 Pension Fund, Kyle Downey, Ken Legate, Brian Ruffine, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, Plumbers Local No. 360 Health and Welfare Fund, Mark Ehret, Sr, Eugene Ortolan, Brian Ruffini. (Attachments: #1 Summons)(Campbell, Greg) |
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Filing 6
ORDER regarding #5 Motion for Leave to File First Amended Complaint by Plaintiffs. Leave of Court is not required to file an Amended Complaint at this time, and Plaintiffs may do so as a matter of course. Fed. R. Civ. P. 15(a)(1). Accordingly, the Motion for Leave is TERMINATED AS MOOT. Plaintiffs SHALL file the First Amended Complaint instanter. Upon the filing of the First Amended Complaint, the Clerk of Court is DIRECTED to issue an amended summons. Signed by Judge David W. Dugan on 12/12/2024. (orw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to File First Amended Complaint by Eugene Ortolan, Steve Schroeder, Brian Ruffine, Mark Ehret, Jim Lugge, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors-U.A. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors Substance Abuse Policy Trust Fund, United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No. 360, Donald Degonia, Kyle Downey, Mark Ehret, Sr, Brian Ruffini, Plumbers Local No. 360 Pension Fund, Plumbers Local 360 Supplemental Pension Fund, Plumbers Local No. 360 Health and Welfare Fund, Ken Legate. (Attachments: #1 First Amended Complaint, #2 Amended Summons)(Campbell, Greg) |
| Filing 4 Summons Issued as to Jeri Lynn Crafton. Original mailed to counsel for service. (adh) |
| Filing 3 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 3:24-cv-2581-DWD. (adh) |
| 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-5543715.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Campbell, Greg) |
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