Local 513, International Union of Operating Engineers, AFL-CIO et al v. Everest Contracting, LLC
Plaintiff: 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
Defendant: Everest Contracting, LLC
Case Number: 4:2019cv01613
Filed: June 4, 2019
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Jean C Hamilton
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2019 Opinion or Order Filing 11 JUDGMENT - IT IS HEREBY ORDERED that Plaintiffs motion for default judgment is GRANTED. JUDGMENT is hereby entered against Everest Contracting, LLC, in the amount of $25,793.63 representing $20,006.36 in principal, $4,001.27 in liquidated damages, $1,298.00 in attorneys fees and $488.00 costs.. Signed by District Judge Jean C. Hamilton on 07/31/2019. (AAS)
July 31, 2019 Opinion or Order Filing 10 Docket Text ORDER: Re: #9 MOTION for Default Judgment 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 Attachment Memorandum in Support of Full Default, # 2 Affidavit Affiavit of Rob Duffey, # 3 Affidavit Affidavit of James P. Faul, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Ex;hibit 3, # 7 Exhibit Exhibit 4, # 8 Attachment Proposed Default Judgment)(Gierse, Matthew) filed by Timothy J. Sappington, Local Union 513 Annuity Fund, Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Supplemental Vacation Fund, Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Pension Fund ; ORDERED GRANTED.. Signed by District Judge Jean C. Hamilton on 07/31/2019. (AAS)
July 30, 2019 Filing 9 MOTION for Default Judgment 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 Attachment Memorandum in Support of Full Default, #2 Affidavit Affiavit of Rob Duffey, #3 Affidavit Affidavit of James P. Faul, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Ex;hibit 3, #7 Exhibit Exhibit 4, #8 Attachment Proposed Default Judgment)(Gierse, Matthew)
July 10, 2019 Filing 8 ENTRY of Appearance by Matthew J. Gierse for 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. (Gierse, Matthew)
July 8, 2019 Filing 7 Clerk's ENTRY OF DEFAULT as to Defendant Everest Contracting, LLC - IT IS HEREBY ORDERED that Plaintiffs Motion for Entry of Clerk's Default against Defendant Everest Contracting, LLC [ECF No. 6] is GRANTED and the default of said defendant is hereby entered. (cc: Deft Everest Contracting LLC) (KJS)
July 2, 2019 ***REMARK Motion for Clerks Default #6 was forwarded to the Clerk of Court/Chief Deputy for ruling. (AAS)
July 1, 2019 Filing 6 MOTION for Entry of Clerk's Default against plaintiffs 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)
June 11, 2019 Filing 5 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 Boards of Trustees of Plaintiff Funds), Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Health and Welfare Fund, Local Union 513 Supplemental Vacation Fund. All Defendants. (Faul, James)
June 5, 2019 Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE 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. Parent companies: n/a, Subsidiaries: n/a, Publicly held company: n/a,. (Faul, James)
June 5, 2019 Filing 3 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: Kentucky Process Services, Inc. (Faul, James)
June 4, 2019 Case Opening Notification: 1 Summons(es) issued. The summons was emailed to James P. Faul. 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 Jean C. Hamilton. (MFG)
June 4, 2019 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)
June 4, 2019 Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-7255123, 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(President/Business Manager), Timothy J. Sappington(Chairman of Boards of Trustees of Plaintiff 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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Plaintiff: Local Union 513 Pension Fund
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Plaintiff: Local Union 513 Annuity Fund
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Plaintiff: Local Union 513 Supplemental Vacation Fund
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Plaintiff: Local 513, International Union of Operating Engineers, AFL-CIO
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Plaintiff: Local Union 513 Joint Apprenticeship Training Fund
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Plaintiff: Timothy J. Sappington
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Plaintiff: Local Union 513 Health and Welfare Fund
Represented By: James P. Faul
Represented By: Matthew J. Gierse
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Defendant: Everest Contracting, LLC
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