Painters District Council No. 58 et al v. JC's Diamond Shine Cleaning Services LLC et al
| Painters District Council No. 58, Carl Farrell, St. Louis Painters Pension Trust, St. Louis Painters Welfare Trust, St. Louis Painters Vacation Trust, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Richard Lucks, Joseph Mueller, Shawn Oster, Otto Schoenburg, Donald Thomas, Daniel Wienstroer, Michael Smith, Walter Bazan, Jr., Kyle Lopez, Mark Borgmann, Joseph Keipp, Tim Weis, Adam Moore and Andy Runzi |
| JC's Diamond Shine Cleaning Services LLC doing business as JC's Drywall and Maria Raygoza |
| 4:2021cv01225 |
| October 13, 2021 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 19 ENTRY of Appearance by James P. Faul for Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Faul, James) |
| Filing 18 MEMORANDUM in Support of Motion re #17 MOTION for Entry of Consent Judgment filed by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Attachments: #1 Exhibit Consent Judgment, #2 Exhibit Settlement Agreement with PDC58 Funds, #3 Exhibit Contribution Status Report, #4 Affidavit Andrew Rettig)(Sparks, Daniel) Modified on 11/3/2023 (KCD). |
| Filing 17 MOTION for Entry of Consent Judgment by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Sparks, Daniel) Modified on 11/3/2023 (KCD). |
Filing 16
ORDER OF DISMISSAL: IT IS HEREBY ORDERED that the Court will retain ancillary jurisdiction in this case and allow Plaintiffs the right to reopen this case and file a Consent Judgment in the event Defendants default under the terms of the parties' Settlement Agreement, which serves as the basis for this dismissal and is incorporated herein by reference. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. Signed by District Judge Matthew T. Schelp on July 15, 2022. (BRP)
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| Filing 15 MOTION to Dismiss Case Without Prejudice by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Attachments: #1 Exhibit 1 - Consent Judgment, #2 Text of Proposed Order)(Gierse, Matthew) |
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Filing 14
Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs shall file a status update in this matter on or before Tuesday, July 19, 2022. Signed by District Judge Matthew T. Schelp on 7/11/2022. (BRP)
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| Filing 13 STATUS REPORT by Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell(in his capacity as Business Manager of Painters' District Council No. 58), Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Gierse, Matthew) |
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Filing 12
ORDER: IT IS HEREBY ORDERED that Plaintiffs are to provide to the Court, on or before March 29, 2022, the status of Defendant's compliance with this Court's order compelling an accounting. Doc. #10 . (Response to Court due by 3/29/2022.) Signed by District Judge Matthew T. Schelp on 3/15/2022. (TMT)
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| Filing 11 Mail Returned as Undeliverable. Mail sent to JC's Diamond Shine Cleaning Services, LLC. Returned document(s): #10 Memorandum & Order. Could not verify new address and mail was not resent. (TMT) |
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Filing 10
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Default Order to Compel an Accounting, Doc. #8 , is GRANTED. Defendants are to submit to a payroll audit of their financial books and records covering the time period from April 2, 2021, to date, within thirty (30) days of this Court's order. IT IS FURTHER ORDER the Court reserves jurisdiction to make such further orders and grant such additional relief, including but not limited to the entry of partial and final judgments, as it deems appropriate. Signed by District Judge Matthew T. Schelp on 1/25/2022. (TMT)
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| Filing 9 Clerk's ENTRY OF DEFAULT as to Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (cc: Defendants at address listed on Summonses Returned Executed.) (TMT) |
| Filing 8 PLAINTIFFS' MOTION FOR DEFAULT ORDER TO COMPEL AN ACCOUNTING by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Attachments: #1 Attachment Memorandum in Support of Motion for Default to Compel Accounting, #2 Affidavit Affidavit of Carl Farrell, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Attachment Proposed Order)(Gierse, Matthew) Modified on 12/15/2021 (TMT). |
| ***REMARK - Motion for Clerk's Entry of Default #7 has been forwarded to the Clerk of Court/Chief Deputy for ruling. (TMT) |
| Filing 7 MOTION for Entry of Clerk's Default against Defendant by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. (Attachments: #1 Attachment (Proposed) Clerk's Entry of Default)(Gierse, Matthew) |
| Filing 6 SUMMONS Returned Executed filed by Otto Schoenburg, Carl Farrell, Carl Farrell(in his capacity as Business Manager of Painters' District Council No. 58), Mark Borgmann, Painters District Council No. 58, Joseph Keipp, Daniel Wienstroer, Kyle Lopez, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, St. Louis Painters Pension Trust, Joseph Mueller, Donald Thomas, Tim Weis, Walter Bazan, Jr., Andy Runzi, Michael Smith, Richard Lucks, St. Louis Painters Welfare Trust, Adam Moore, Shawn Oster, St. Louis Painters Vacation Trust. Maria Raygoza served on 11/7/2021, answer due 11/29/2021. (Gierse, Matthew) |
| Filing 5 SUMMONS Returned Executed filed by Otto Schoenburg, Carl Farrell, Carl Farrell(in his capacity as Business Manager of Painters' District Council No. 58), Mark Borgmann, Painters District Council No. 58, Joseph Keipp, Daniel Wienstroer, Kyle Lopez, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, St. Louis Painters Pension Trust, Joseph Mueller, Donald Thomas, Tim Weis, Walter Bazan, Jr., Andy Runzi, Michael Smith, Richard Lucks, St. Louis Painters Welfare Trust, Adam Moore, Shawn Oster, St. Louis Painters Vacation Trust. JC's Diamond Shine Cleaning Services LLC served on 11/7/2021, answer due 11/29/2021. (Gierse, Matthew) |
| Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Tim Weis, Daniel Wienstroer. Parent companies: n/a, Subsidiaries: n/a, Publicly held company: n/a,. (Gierse, Matthew) |
| Filing 3 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendant JC's Diamond Shine Cleaning Services LLC, Plaintiffs Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (KCD) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Walter Bazan, Jr., Mark Borgmann, Carl Farrell, Carl Farrell, Joseph Keipp, Kyle Lopez, Richard Lucks, Adam Moore, Joseph Mueller, Shawn Oster, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Painters District Council No. 58, Andy Runzi, Otto Schoenburg, Michael Smith, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, St. Louis Painters Welfare Trust, Donald Thomas, Daniel Wienstroer Process Server: Frederick Investigations (Gierse, Matthew) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-8916998, in the amount of $402 Non-Jury Demand,, filed by Otto Schoenburg, Carl Farrell, Mark Borgmann, Painters District Council No. 58, Joseph Keipp, Daniel Wienstroer, Kyle Lopez, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, St. Louis Painters Pension Trust, Joseph Mueller, Donald Thomas, Walter Bazan, Jr., Andy Runzi, Michael Smith, Richard Lucks, St. Louis Painters Welfare Trust, Adam Moore, Shawn Oster, St. Louis Painters Vacation Trust. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons Summons - JC's, #4 Summons Summons - Raygoza)(Gierse, Matthew) |
| Case Opening Notification. Judge Assigned: U.S. District Judge Matthew T. Schelp. 2 Summons(es) issued and emailed to attorney Matthew J. Gierse. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (BAK) |
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