Crackers Demo, LLC v. Operating Engineers Local 324 Pension Fund
| Crackers Demo, LLC |
| Operating Engineers Local 324 Pension Fund |
| 2:2022cv12821 |
| November 21, 2022 |
| US District Court for the Eastern District of Michigan |
| Matthew F Leitman |
| Elizabeth A Stafford |
| Labor: E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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Filing 25
NOTICE OF IN PERSON HEARING on #20 MOTION for Summary Judgment and to Vacate Arbitration Award, Brief in Support, #19 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56. Motion Hearing set for 10/24/2023 at 2:00 PM before District Judge Matthew F. Leitman. (HRya)
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Filing 24
REPLY to Response re #19 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed by Operating Engineers Local 324 Pension Fund. (Selwocki, David)
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Filing 23
RESPONSE to #19 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed by Crackers Demo, LLC. (Petroski, Emily) [DOCUMENT IS A REPLY BRIEF IN FURTHER SUPPORT OF #20 MOTION FOR SUMMARY JUDGMENT]
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Filing 22
RESPONSE to #19 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 Plaintiff Crackers Demo LLC's Opposition to Defendant's Motion for Summary Judgment filed by Crackers Demo, LLC. (Petroski, Emily)
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Filing 21
RESPONSE to #20 MOTION for Summary Judgment and to Vacate Arbitration Award, Brief in Support filed by Operating Engineers Local 324 Pension Fund. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Arbitrator's Ruling, #3 Exhibit 2 - Assessment, #4 Exhibit 3 - Crackers' original Power of Attorney, #5 Exhibit 4 - 2013-2018 MITA Road Agreement, #6 Exhibit 5 - Termination correspondence, #7 Exhibit 6 - Crackers' discovery responses, #8 Exhibit 7 - Statement of Business Affairs Response, #9 Exhibit 8 - Union disclaimer correspondence regarding Crackers, #10 Exhibit 9 - Rieth-Riley's 9(a) Recognition Agreement, #11 Exhibit 10 - Rieth-Riley's original Power of Attorney, #12 Exhibit 11 - Union correspondence regarding MITA contractors, #13 Exhibit 12 - MITA correspondence regarding contractors, #14 Exhibit 13 - Crackers' correspondence to MITA, #15 Exhibit 14 - Rieth-Riley's correspondence to MITA, #16 Exhibit 15 - Affidavit of Heath Salisbury, #17 Exhibit 16 - Rieth-Riley's Winter Maintenance Agreements, #18 Exhibit 17 - Case of Stevens Eng'rs & Constructors v. Iron Workers Local 17 Pension Fund) (Selwocki, David)
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Filing 20
MOTION for Summary Judgment and to Vacate Arbitration Award, Brief in Support by Crackers Demo, LLC. (Attachments: #1 Exhibit Affirmation of Robert Perry Ex. 1 and A-T) (Petroski, Emily)
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Filing 19
MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by Operating Engineers Local 324 Pension Fund. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Arbitrator's Ruling, #3 Exhibit 2 - Assessment, #4 Exhibit 3 - Crackers' corporate documents, #5 Exhibit 4 - Crackers' original POA, #6 Exhibit 5 - 2013-2018 MITA Road Agreement, #7 Exhibit 6 - Termination correspondence, #8 Exhibit 7 - Crackers' Discovery Responses, #9 Exhibit 8 - Statement of Business Affairs, #10 Exhibit 9 - Union disclaimer correspondence, #11 Exhibit 10 - Page 1 of Amended and Restated Operating Agreement of Crackers, #12 Exhibit 11 - Crackers' 9(a) Recognition Agreement, #13 Exhibit 12 - Rieth-Riley's original POA, #14 Exhibit 13 - Union correspondence regarding MITA contractors, #15 Exhibit 14 - MITA correspondence regarding contractors, #16 Exhibit 15 - Crackers' correspondence to MITA, #17 Exhibit 16 - Rieth-Riley's correspondence to MITA, #18 Exhibit 17 - Crackers' contributions for work month May 2018, #19 Exhibit 18 - Rieth-Riley's contributions for work month May 2018, #20 Exhibit 19 - Affidavit of Heath Salisbury, #21 Exhibit 20 - Affidavit of Michael J. Weber, #22 Exhibit 21 - Affidavit of Chad Loney, #23 Exhibit 22 - List of Rieth-Riley asphalt plants, #24 Exhibit 23 - Deposition of Chad Loney, #25 Exhibit 24 - Rieth-Riley's Winter Maintenance Agreements, #26 Exhibit 25 - Case of Stevens Eng'rs & Constructors, Inc. v. Iron Workers Local 17 Pension Fund, #27 Exhibit 26 - Case of Carpenters Pension Trust Fund-Detroit & Vicinity v. Brunt Assocs.) (Selwocki, David)
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Filing 18
STIPULATED ORDER Extending Page Limit to 30 Pages for Dispositive Motions, or Otherwise to Vacate or Enforce the Arbitrator's Award. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 17
Ex Parte MOTION for Leave to File Excess Pages in its Forthcoming Motion for Summary Judgment by Operating Engineers Local 324 Pension Fund. (Selwocki, David)
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Filing 16
NOTICE of Appearance by Jacquelyne Zolynsky on behalf of Operating Engineers Local 324 Pension Fund. (Zolynsky, Jacquelyne)
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Filing 15
STIPULATED ORDER Withdrawing Defendant's #11 MOTION to Dismiss and Setting Briefing Schedule for Motion to Vacate Arbitrator's Award. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 14
RESPONSE to #11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) filed by Crackers Demo, LLC. (Attachments: #1 Exhibit A) (Petroski, Emily)
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Filing 13
Order Vacating #12 Order to Show Cause. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 12
ORDER Directing Plaintiff to Show Cause Why #11 Motion to Dismiss Should Not Be Granted or Why Action Should Not Be Dismissed for Failure to Prosecute. Show Cause Response due by 5/8/2023. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 11
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) by Operating Engineers Local 324 Pension Fund. (Attachments: #1 Index of Exhibits, #2 Exhibit A - case of Nat'l Dairy Ass'n v. W. Conf. of Teamsters Pension Trust Fund) (Selwocki, David)
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Minute Entry for virtual proceedings before District Judge Matthew F. Leitman: Scheduling Conference held on 2/7/2023. Defendant to file Motion to Dismiss by March 1, 2023. Plaintiff to respond by April 28, 2023. Defendant to file reply by May 30, 2023. (Court Reporter: None Present, Not on the Record) (HRya)
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Filing 10
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Attachments: #1 Exhibit 1) (Petroski, Emily)
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Filing 9
ORDER TO ATTEND VIDEO SCHEDULING CONFERENCE AND NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN: Scheduling Conference set for 2/7/2023 at 1:30 PM before District Judge Matthew F. Leitman. **PLEASE SEE ORDER FOR IMPORTANT DEADLINE AND ZOOM LINK** (HRya)
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Filing 8
NOTICE of Appearance by David M Pixley on behalf of Crackers Demo, LLC. (Pixley, David)
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Filing 7
NOTICE of Appearance by Robert Perry on behalf of Crackers Demo, LLC. (Perry, Robert)
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Filing 6
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Operating Engineers Local 324 Pension Fund (Selwocki, David)
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Filing 5
ANSWER to Complaint with Affirmative Defenses by Operating Engineers Local 324 Pension Fund. (Selwocki, David)
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Filing 4
NOTICE of Appearance by David J. Selwocki on behalf of Operating Engineers Local 324 Pension Fund. (Selwocki, David)
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Filing 3
SUMMONS Issued for *Operating Engineers Local 324 Pension Fund* (SKra)
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Filing 2
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Crackers Demo, LLC (Petroski, Emily)
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Filing 1
COMPLAINT filed by Crackers Demo, LLC against Operating Engineers Local 324 Pension Fund. Plaintiff requests summons issued. Receipt No: AMIEDC-9137220 - Fee: $ 402. County of 1st Plaintiff: Out of State - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A) (Petroski, Emily)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SKra)
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