MCCLESKEY et al v. EARP CONCRETE CUTTING, INC. et al
Plaintiff: MARK MCCLESKEY, TRUSTEE, INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS and MARK MCCLESKEY
Defendant: EARP CONCRETE CUTTING, INC. and EPIC CONCRETE, LLC
Case Number: 1:2021cv02365
Filed: September 1, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Mark J Dinsmore
Referring Judge: Richard L Young
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 Opinion or Order Filing 13 ORDER granting Plaintiffs' #11 Motion for an Audit. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 10/25/2021. (SWM)
October 20, 2021 Opinion or Order Filing 12 ORDER granting Plaintiffs' #10 Motion to Withdraw Docket Number 8. The Clerk is directed to show Docket No. 8 as WITHDRAWN from the docket. Signed by Magistrate Judge Mark J. Dinsmore on 10/20/2021. (SWM)
October 20, 2021 Filing 11 MOTION FOR AN AUDIT, filed by Plaintiffs INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, MARK MCCLESKEY. (Attachments: #1 Text of Proposed Order)(Schwartz, Donald)
October 19, 2021 Filing 10 MOTION to Withdraw #8 Affidavit of Service , filed by Plaintiffs INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, MARK MCCLESKEY. (Attachments: #1 Text of Proposed Order)(Schwartz, Donald)
October 19, 2021 Filing 9 Clerk's ENTRY OF DEFAULT, as to EARP CONCRETE CUTTING, INC., EPIC CONCRETE, LLC. Signed by Clerk, Roger A.G. Sharpe. (JRB)
October 18, 2021 Filing 8 *** WITHDRAWN PER DOCKET NUMBER #12 *** AFFIDAVIT of Service for Order to Show Cause served on Earp Concrete Cutting, Inc. c/o its Registered Agent, Nancy Earp on October 14, 2021, filed by INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, MARK MCCLESKEY. (Attachments: #1 Exhibit A - Return of Service of Order to Show Cause)(Schwartz, Donald) Modified on 10/21/2021 (SWM).
October 18, 2021 Filing 7 MOTION for Clerk's Entry of Default , filed by Plaintiffs INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, MARK MCCLESKEY. (Attachments: #1 Text of Proposed Order)(Schwartz, Donald)
October 5, 2021 Filing 6 RETURN of Service, filed by MARK MCCLESKEY, INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS. EPIC CONCRETE, LLC served on 9/28/2021. (Attachments: #1 Exhibit A - Return of Service of Summons and Complaint)(Schwartz, Donald)
October 5, 2021 Filing 5 RETURN of Service, filed by MARK MCCLESKEY, INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS. EARP CONCRETE CUTTING, INC. served on 9/28/2021. (Attachments: #1 Exhibit A - Return of Service for Summons and Complaint)(Schwartz, Donald)
September 2, 2021 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
September 2, 2021 Filing 3 Summons Issued as to EARP CONCRETE CUTTING, INC., EPIC CONCRETE, LLC. (JRB)
September 1, 2021 Filing 2 NOTICE of Appearance by Donald D. Schwartz on behalf of Plaintiffs INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, MARK MCCLESKEY, TRUSTEE. (Schwartz, Donald)
September 1, 2021 Filing 1 COMPLAINT against EARP CONCRETE CUTTING, INC., EPIC CONCRETE, LLC, filed by MARK MCCLESKEY, TRUSTEE, INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS. (Filing fee $402, receipt number 0756-6727852) (Attachments: #1 Exhibit A - Memorandum of Agreement, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons)(Schwartz, Donald)

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Plaintiff: MARK MCCLESKEY, TRUSTEE
Represented By: Donald D. Schwartz
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Plaintiff: INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS
Represented By: Donald D. Schwartz
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Plaintiff: MARK MCCLESKEY
Represented By: Donald D. Schwartz
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Defendant: EARP CONCRETE CUTTING, INC.
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Defendant: EPIC CONCRETE, LLC
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