Local 513, International Union of Operating Engineers, AFL-CIO et al v. Danna Excavating, LLC
| Local Union 513 Pension Fund, Local Union 513 Annuity Fund, Local Union 513 Supplemental Vacation Fund, Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Joint Apprenticeship Training Fund, Timothy J. Sappington and Local Union 513 Health and Welfare Fund |
| Danna Excavating, LLC |
| 4:2018cv02070 |
| December 12, 2018 |
| US District Court for the Eastern District of Missouri |
| Catherine D Perry |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1131 |
| None |
Docket Report
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| Filing 9 MOTION for Extension of Time to File ;Extension to file the following: full default ;Proposed extension date February 12, 2019 by Plaintiffs Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Annuity Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Pension Fund, Local Union 513 Supplemental Vacation Fund, Timothy J. Sappington, Timothy J. Sappington. (Faul, James) |
Filing 8
ORDER. Upon review of the Court file, the Court notes that there has been no activity in this action since the Clerk's entry of default filed on January 16, 2019. IT IS HEREBY ORDERED that plaintiffs shall, within fourteen (14) days of the date of this order, file an appropriate motion for default judgment, supported by all necessary affidavits and documentation, as well as proposed orders for the Court's consideration. Failure to comply with this order may result in dismissal without prejudice. Signed by District Judge Catherine D. Perry on 1/25/19. (EAB)
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| Filing 7 REASSIGNMENT ORDER (GJL). On January 16, 2019, a Clerk's Entry of Default was filed against DANNA EXCAVATING, LLC in the above styled cause. As the party has not filed their consent to proceed before a magistrate as required by 28 U.S.C. 636, this case shall be randomly reassigned to a district judge for all further proceedings. IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge Patricia L. Cohen to District Judge Catherine D. Perry. (KXS) |
| Filing 6 Clerk's ENTRY OF DEFAULT as to Defendant Danna Excavating, LLC. IT IS HEREBY ORDERED that Plaintiffs' Motion for Entry of Clerk's Default against Defendant Danna Excavating, LLC [ECF No. #5 ] is GRANTED, and the default of said defendant is hereby entered. (EAB) (Copy sent to defendant at address used for service on 1/17/2019.) (CBL). |
| Filing 5 MOTION for Entry of Clerk's Default against Danna Excavating, LLC by Plaintiffs Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Annuity Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Pension Fund, Local Union 513 Supplemental Vacation Fund, Timothy J. Sappington, Timothy J. Sappington. (Attachments: #1 Text of Proposed Order)(Faul, James) (Forwarded to exec team on 1/15/2019.) (CBL). |
| Notice from Clerk instructing Plaintiffs Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Annuity Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Pension Fund, Local Union 513 Supplemental Vacation Fund, Timothy J. Sappington, Timothy J. Sappington to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 1/11/2019. (CBL) |
| Filing 4 SUMMONS Returned Executed filed by Local Union 513 Annuity Fund, Local Union 513 Pension Fund, Local Union 513 Joint Apprenticeship Training Fund, Timothy J. Sappington(in his Representative Capacity as President and Business Manager), Timothy J. Sappington(Chairman of the Board of Trustees of Funds), Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Health and Welfare Fund, Local Union 513 Supplemental Vacation Fund. Defendant Danna Excavating, LLC served on 12/15/2018, answer due 1/5/2019. (Faul, James) Modified on 12/27/2018 (CBL). |
| Filing 3 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) |
| Case Opening Notification: 1 Summons(es) issued. The summons was emailed to James P. Faul. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Patricia L. Cohen. (MFG) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Annuity Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Pension Fund, Local Union 513 Supplemental Vacation Fund, Timothy J. Sappington, Timothy J. Sappington Process Server: Frederick Investigations (Faul, James) |
| Filing 1 COMPLAINT against defendant Danna Excavating, LLC with receipt number 0865-6921094, in the amount of $400 Non-Jury Demand,, filed by Local Union 513 Annuity Fund, Local Union 513 Pension Fund, Local Union 513 Joint Apprenticeship Training Fund, Timothy J. Sappington, Timothy J. Sappington(Chairman of the Board of Trustees of Funds), Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Health and Welfare Fund, Local Union 513 Supplemental Vacation Fund. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons)(Faul, James) |
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