INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND et al v. BOWMAN CONSTRUCTION COMPANY, INC. et al
| INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND and CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS |
| BOWMAN CONSTRUCTION COMPANY, INC. and SCOTT MILLER |
| 1:2024cv00138 |
| January 22, 2024 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Mark J Dinsmore |
| 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 March 12, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER DIRECTING FILING OF DOCUMENTS AUTHORIZING DISMISSAL - The Court has been advised by counsel that a resolution has been reached in this action ONLY as to Defendant Scott Miller. [Dkt. #23 ]. Therefore, all pending motions with regard to Defendant Scott Miller, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED only to the extent they relate to Defendant Scott Miller. Within thirty (30) days of the date of this entry, counsel for the parties shall file a motion to dismiss this cause ONLY as to Defendant Scott Miller and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal. Signed by Magistrate Judge Mark J. Dinsmore on 3/12/2024.(SWM)
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| Filing 23 MOTION for Extension of Time to April 12, 2024 in which to #8 Amended Complaint Respond and Notice of Settlement, filed by Defendant SCOTT MILLER. (Attachments: #1 Text of Proposed Order)(Knauer, James) |
| Filing 22 Clerk's ENTRY OF DEFAULT as to BOWMAN CONSTRUCTION COMPANY, INC. Signed by Clerk, Roger A.G. Sharpe. (AAS) |
| Filing 21 MOTION for Clerk's Entry of Default as to Defendant Bowman Construction Company, Inc., filed by Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Attachments: #1 Exhibit Affidavit of Adam Y. Decker, #2 Text of Proposed Order)(Decker, Adam) |
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Filing 20
ORDER - The Court will treat Defendant Miller's Notice of Initial Extension of Time Within Which to Respond to First Amended Complaint [Dkt. #17 ] as a motion for enlargement of time. The Court notes Defendant's objection to that motion and finds such objection to be entirely without merit. Accordingly, the motion [Dkt. #17 ] is GRANTED and the time for Defendant Miller to respond to the Complaint is hereby enlarged to and including March 13, 2024. In light of that order, Plaintiffs' motion to strike, [Dkt. #18 ], is, accordingly, DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 2/20/2024. (LBT)
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| Filing 19 RESPONSE in Opposition re #18 MOTION to Strike #17 NOTICE of Parties' First Extension of Time , filed by Defendant SCOTT MILLER. (Knauer, James) |
| Filing 18 MOTION to Strike #17 NOTICE of Parties' First Extension of Time , filed by Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Attachments: #1 Text of Proposed Order)(Decker, Adam) |
| Filing 17 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant SCOTT MILLER. (Knauer, James) |
| Filing 16 NOTICE of Appearance by James A. Knauer on behalf of Defendant SCOTT MILLER. (Knauer, James) |
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Filing 15
ORDER granting #11 Motion to Withdraw Attorney Appearance. The appearance of Kaelyn M. Le-Hue for Plaintiffs is hereby WITHDRAWN and TERMINATED. Signed by Magistrate Judge Mark J. Dinsmore on 01/30/2024. (AAS)
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| Filing 14 Submission of Proposed Order , re #11 MOTION to Withdraw Attorney Appearance of Kaelyn M. Le-Hue, filed by Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Decker, Adam) |
| Filing 13 RETURN of Service, filed by All Plaintiffs. SCOTT MILLER served on 1/24/2024. (Decker, Adam) |
| Filing 12 RETURN of Service, filed by All Plaintiffs. BOWMAN CONSTRUCTION COMPANY, INC. served on 1/26/2024. (Decker, Adam) |
| Filing 11 MOTION to Withdraw Attorney Appearance of Kaelyn M. Le-Hue, filed by Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Le-Hue, Kaelyn) |
| Filing 10 NOTICE of Appearance by Joseph E. Mallon on behalf of Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Mallon, Joseph) |
| Filing 9 NOTICE of Appearance by Adam York Decker on behalf of Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Decker, Adam) |
| Filing 8 AMENDED COMPLAINT against BOWMAN CONSTRUCTION COMPANY, INC., SCOTT MILLER, filed by CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND. (Attachments: #1 Exhibit 1 - Memorandum of Agreement)(Le-Hue, Kaelyn) |
| Filing 7 PRACTICES AND PROCEDURES before District Judge Matthew P. Brookman. (AAS) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (AAS) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) |
| Filing 4 Summons Issued as to BOWMAN CONSTRUCTION COMPANY, INC., SCOTT MILLER. (AAS) |
| Filing 3 Rule 7.1 Disclosure Statement by CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Le-Hue, Kaelyn) |
| Filing 2 NOTICE of Appearance by Kaelyn M Le-Hue on behalf of Plaintiffs CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND. (Le-Hue, Kaelyn) |
| Filing 1 COMPLAINT against BOWMAN CONSTRUCTION COMPANY, INC., SCOTT MILLER, filed by CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND, INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND, INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND. (Filing fee $405, receipt number AINSDC-7990528) (Attachments: #1 Exhibit 1 - Memorandum of Agreement, #2 Civil Cover Sheet, #3 Proposed Summons)(Le-Hue, Kaelyn) |
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| Plaintiff: INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND | |
| Represented By: | Kaelyn M Le-Hue |
| Represented By: | Adam York Decker |
| Represented By: | Joseph E. Mallon |
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| Plaintiff: INDIANA STATE COUNCIL OF CARPENTERS PENSION FUND | |
| Represented By: | Kaelyn M Le-Hue |
| Represented By: | Adam York Decker |
| Represented By: | Joseph E. Mallon |
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| Plaintiff: INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND | |
| Represented By: | Kaelyn M Le-Hue |
| Represented By: | Adam York Decker |
| Represented By: | Joseph E. Mallon |
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| Plaintiff: INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND | |
| Represented By: | Kaelyn M Le-Hue |
| Represented By: | Adam York Decker |
| Represented By: | Joseph E. Mallon |
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| Plaintiff: INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND | |
| Represented By: | Kaelyn M Le-Hue |
| Represented By: | Adam York Decker |
| Represented By: | Joseph E. Mallon |
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| Plaintiff: CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS | |
| Represented By: | Kaelyn M Le-Hue |
| Represented By: | Adam York Decker |
| Represented By: | Joseph E. Mallon |
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| Defendant: BOWMAN CONSTRUCTION COMPANY, INC. | |
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| Defendant: SCOTT MILLER | |
| Represented By: | James A. Knauer |
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