Mackey et al v. National Demolition & Excavation Inc.
Plaintiff: Joel Smith, Minnesota Laborers Vacation Fund, the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Joe Fowler, Minnesota Laborers Employers Cooperation and Education Trust, the, Minnesota Laborers Pension Fund, the, Minnesota Laborers Health and Welfare Fund, the, Mike Bubalo, Daniel Shoemaker, Fred Chase, Tim Mackey and Heather Grazzini-Sims
Defendant: National Demolition & Excavation Inc.
Case Number: 0:2019cv03030
Filed: December 4, 2019
Court: US District Court for the District of Minnesota
Presiding Judge: Becky R Thorson
Referring Judge: John R Tunheim
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2020 Filing 17 AFFIDAVIT of Service by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith re #16 Certificate of Service,,, #14 Proposed Order to Judge,, #11 Notice of Hearing on Motion, #15 Certificate of Service on Proposed Order,, #12 Memorandum in Support of Motion,, #10 MOTION for Default Judgment as to , #13 Affidavit in Support of Motion,, (Lawrie, Christy)
January 28, 2020 Filing 16 CERTIFICATE OF SERVICE by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith re #14 Proposed Order to Judge,, #11 Notice of Hearing on Motion, #15 Certificate of Service on Proposed Order,, #12 Memorandum in Support of Motion,, #10 MOTION for Default Judgment as to , #13 Affidavit in Support of Motion,, (Lawrie, Christy)
January 28, 2020 Filing 15 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith re #10 MOTION for Default Judgment as to (Lawrie, Christy)
January 28, 2020 Filing 14 PROPOSED ORDER TO JUDGE re #10 MOTION for Default Judgment as to filed by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith.(Lawrie, Christy)
January 28, 2020 Filing 13 AFFIDAVIT of Rodney Skoog in SUPPORT OF #10 MOTION for Default Judgment as to filed by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith. (Attachments: #1 Exhibit(s) A-D)(Lawrie, Christy)
January 28, 2020 Filing 12 MEMORANDUM in Support re #10 MOTION for Default Judgment as to filed by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lawrie, Christy)
January 28, 2020 Filing 11 NOTICE OF HEARING ON MOTION #10 MOTION for Default Judgment as to : Motion Hearing set for 4/6/2020 at 10:15 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Lawrie, Christy)
January 28, 2020 Filing 10 MOTION for Default Judgment as to filed by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith. (Lawrie, Christy)
January 23, 2020 Filing 9 SUMMONS Returned Executed by Heather Grazzini-Sims, Minnesota Laborers Health and Welfare Fund, the, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Fred Chase, Mike Bubalo, John Nesse, Minnesota Laborers Pension Fund, the, Minnesota Laborers Employers Cooperation and Education Trust, the, Joe Fowler, Daniel Shoemaker, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), Rick Peper, Minnesota Laborers Vacation Fund, the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joel Smith. National Demolition & Excavation Inc. served 12/11/2019; answer due 1/2/2020. (Court, Amy) Modified text on 1/24/2020 (lmb).
January 7, 2020 Filing 8 Clerk's ENTRY OF DEFAULT as to National Demolition & Excavation Inc. (lmb)
January 3, 2020 Filing 7 CERTIFICATE OF SERVICE by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith re #6 Declaration,, #5 Application for Entry of Default (Court, Amy)
January 3, 2020 Filing 6 DECLARATION of Amy L. Court re #5 Application for Entry of Default by Mike Bubalo, Fred Chase, Joe Fowler, Heather Grazzini-Sims, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), 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 Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, John Nesse, Rick Peper, Daniel Shoemaker, Joel Smith . (Court, Amy)
January 3, 2020 Filing 5 APPLICATION FOR ENTRY OF DEFAULT as to National Demolition & Excavation Inc. (Court, Amy) Modified text on 1/7/2020 (lmb).
December 12, 2019 Filing 4 SUMMONS Returned Executed by Heather Grazzini-Sims, Minnesota Laborers Health and Welfare Fund, the, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund, and any successors), Fred Chase, Mike Bubalo, John Nesse, Minnesota Laborers Pension Fund, the, Minnesota Laborers Employers Cooperation and Education Trust, the, Joe Fowler, Daniel Shoemaker, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund, and any successors), Rick Peper, Minnesota Laborers Vacation Fund, the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joel Smith. National Demolition & Excavation Inc. served on 12/11/2019, answer due 1/2/2020. (Lawrie, Christy)
December 4, 2019 Filing 3 Summons Issued as to National Demolition & Excavation Inc. (MKB)
December 4, 2019 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge John R. Tunheim per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Becky R. Thorson. Please use case number 19-cv-3030 (JRT/BRT). (MKB) Modified text on 12/4/2019 (MKB).
December 4, 2019 Filing 1 COMPLAINT against National Demolition & Excavation Inc. (filing fee $ 400, receipt number AMNDC-7315874) filed by Heather Grazzini-Sims, Minnesota Laborers Health and Welfare Fund, the, Tim Mackey(as Trustees of the Minnesota Laborers Pension Fund), Fred Chase, Mike Bubalo, John Nesse, Minnesota Laborers Pension Fund, the, Minnesota Laborers Employers Cooperation and Education Trust, the, and any successors, Joe Fowler, Daniel Shoemaker, Tim Mackey(as Trustees of the Minnesota Laborers Health and Welfare Fund), Rick Peper, Minnesota Laborers Vacation Fund, the Construction Laborers Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the, Joel Smith. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Court, Amy) Modified text on 12/4/2019 (MKB).

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Plaintiff: Joel Smith
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Minnesota Laborers Vacation Fund, the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, the
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: John Nesse
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Rick Peper
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Joe Fowler
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Minnesota Laborers Employers Cooperation and Education Trust, the
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Minnesota Laborers Pension Fund, the
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Minnesota Laborers Health and Welfare Fund, the
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Mike Bubalo
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Daniel Shoemaker
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Fred Chase
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Tim Mackey
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Plaintiff: Heather Grazzini-Sims
Represented By: Amy L Court
Represented By: Carl S Wosmek
Represented By: Christy E Lawrie
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Defendant: National Demolition & Excavation Inc.
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