Mackey et al v. Husemoller Excavating, Inc.
Plaintiff: Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Dave Borst, Tammy Braastad, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Employers Cooperation and Education Trust, the, Mark Ryan, Minnesota Laborers Vacation Fund, the, Daniel Shoemaker, Fred Chase and Tim Mackey
Defendant: Husemoller Excavating, Inc.
Case Number: 0:2019cv02288
Filed: August 19, 2019
Court: US District Court for the District of Minnesota
Presiding Judge: Tony N Leung
Referring Judge: John R Tunheim
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1131
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2019 Filing 18 AFFIDAVIT of Service by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund) re #15 Proposed Order to Judge,, #10 MOTION for Entry of Judgment , #16 Certificate of Service on Proposed Order,,, #14 Affidavit in Support of Motion,, #11 Notice of Hearing on Motion, #12 Memorandum in Support of Motion,, #17 Certificate of Service,,,, #13 Affidavit in Support of Motion,, (Lawrie, Christy)
October 1, 2019 Filing 17 CERTIFICATE OF SERVICE by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund) re #15 Proposed Order to Judge,, #10 MOTION for Entry of Judgment , #16 Certificate of Service on Proposed Order,,, #14 Affidavit in Support of Motion,, #11 Notice of Hearing on Motion, #12 Memorandum in Support of Motion,, #13 Affidavit in Support of Motion,, (Lawrie, Christy)
October 1, 2019 Filing 16 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund) re #10 MOTION for Entry of Judgment (Lawrie, Christy)
October 1, 2019 Filing 15 PROPOSED ORDER TO JUDGE re #10 MOTION for Entry of Judgment filed by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey, Tim Mackey, Tim Mackey, Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker, Daniel Shoemaker.(Lawrie, Christy)
October 1, 2019 Filing 14 AFFIDAVIT of Rodney Skoog in SUPPORT OF #10 MOTION for Entry of Judgment filed by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey, Tim Mackey, Tim Mackey, Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker, Daniel Shoemaker. (Attachments: #1 Exhibit(s) A-C)(Lawrie, Christy)
October 1, 2019 Filing 13 AFFIDAVIT of Christy E.Lawrie in SUPPORT OF #10 MOTION for Entry of Judgment filed by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey, Tim Mackey, Tim Mackey, Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker, Daniel Shoemaker. (Attachments: #1 Exhibit(s) A-B)(Lawrie, Christy)
October 1, 2019 Filing 12 MEMORANDUM in Support re #10 MOTION for Entry of Judgment filed by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey, Tim Mackey, Tim Mackey, Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker, Daniel Shoemaker. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lawrie, Christy)
October 1, 2019 Filing 11 NOTICE OF HEARING ON MOTION #10 MOTION for Entry of Judgment : Motion Hearing set for 11/22/2019 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Lawrie, Christy)
October 1, 2019 Filing 10 MOTION for Entry of Judgment filed by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey, Tim Mackey, Tim Mackey, Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker, Daniel Shoemaker. (Lawrie, Christy)
September 18, 2019 Filing 9 AMENDED Clerk's ENTRY OF DEFAULT as to Husemoller Excavating, Inc. (MTP)
September 16, 2019 Filing 8 Clerk's ENTRY OF DEFAULT as to Husemoller Excavating, Inc. (MTP)
September 11, 2019 Filing 7 CERTIFICATE OF SERVICE by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund) re #6 Declaration,,, #5 Application for Entry of Default (Court, Amy)
September 11, 2019 Filing 6 DECLARATION of Amy L. Court re #5 Application for Entry of Default by Dave Borst, Tammy Braastad, Fred Chase, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joe Fowler, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Health and Welfare Fund, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Vacation Fund, the, Mark Ryan, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund) . (Court, Amy)
September 11, 2019 Filing 5 APPLICATION FOR ENTRY OF DEFAULT . (Court, Amy)
August 23, 2019 Filing 4 SUMMONS Returned Executed by Minnesota Laborers Health and Welfare Fund, the, Fred Chase, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Minnesota Laborers Vacation Fund, the, Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Mark Ryan, Minnesota Laborers Pension Fund, the, Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Minnesota Laborers Employers Cooperation and Education Trust, the, Joe Fowler, Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund), Dave Borst, Tammy Braastad. Husemoller Excavating, Inc. served on 8/20/2019, answer due 9/10/2019. (Court, Amy)
August 19, 2019 Filing 3 Summons Issued as to Husemoller Excavating, Inc.. (kt)
August 19, 2019 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per 3rd/4th Master list, referred to Magistrate Judge Tony N. Leung. Please use case number 19-cv-2288 JRT/TNL. (kt)
August 19, 2019 Filing 1 COMPLAINT against Husemoller Excavating, Inc. (filing fee $ 400, receipt number AMNDC-7089546) filed by The Minnesota Laborers Health and Welfare Fund, Fred Chase, Daniel Shoemaker(as Trustees of the Minnesota Laborers Health and Welfare Fund), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), The Minnesota Laborers Vacation Fund, Tim Mackey(as Trustees of the Minnesota Laborers Vacation Fund), Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Mark Ryan, The Minnesota Laborers Pension Fund, The Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, The Minnesota Laborers Employers Cooperation and Education Trust, Joe Fowler, Daniel Shoemaker(as Trustees of the Minnesota Laborers Pension Fund), Dave Borst, Tammy Braastad. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Court, Amy)

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Plaintiff: Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Joe Fowler
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Dave Borst
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Tammy Braastad
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Minnesota Laborers Health and Welfare Fund, the
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Minnesota Laborers Pension Fund, the
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Minnesota Laborers Employers Cooperation and Education Trust, the
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Mark Ryan
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Minnesota Laborers Vacation Fund, the
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Daniel Shoemaker
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Fred Chase
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Plaintiff: Tim Mackey
Represented By: Amy L Court
Represented By: Christy E Lawrie
Represented By: Carl S Wosmek
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Defendant: Husemoller Excavating, Inc.
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