United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan et al v. Topaz Retail, LLC
Plaintiff: United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan, David Cook, Robert Spence, Levi Eddins, Mike Forte, David Bell and Larry Hunt
Defendant: Topaz Retail, LLC d/b/a IGA, Elsberry
Case Number: 4:2023cv00735
Filed: June 5, 2023
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Rodney H Holmes
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Filing 27 ANSWER to #1 Complaint, by Topaz Retail, LLC.(Butsch, David)
July 25, 2023 Opinion or Order Filing 26 ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 8/30/2023. Rule 16 Conference set for 9/6/2023 at 10:30 AM in Chambers before Magistrate Judge Rodney H. Holmes. Signed by Magistrate Judge Rodney H. Holmes on 7/25/23. (EAB)
July 24, 2023 Filing 25 DISCLOSURE STATEMENT by Topaz Retail, LLC. No corporate parents or affiliates identified. (Butsch, David)
July 24, 2023 Opinion or Order Filing 24 MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that Defendant Topaz Retail, LLC's Motion to Set Aside Entry of Default, and Motion for Extension of Time to Respond to Plaintiff's Complaint is GRANTED. [ECF No. #19 ]IT IS FURTHER ORDERED that Defendant shall file its responsive pleading no later than July 31, 2023. (Response to Court due by 7/31/2023). Signed by Magistrate Judge Rodney H. Holmes on 7/24/23. (EAB)
July 24, 2023 Filing 23 Electronic Notice re: Disclosure Statement to Defendant Topaz Retail, LLC. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (EAB)
July 24, 2023 Filing 22 FULL CONSENT has been received by Plaintiffs United Food and Commercial Workers Union Local 655 Food Employers Joint Pension Plan, David Bell, et al. and Defendant Topaz Retail, LLC. (EAB)
July 21, 2023 Notice from Clerk instructing Defendant Topaz Retail, LLC to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 7/25/2023. (EAB)
July 5, 2023 Filing 21 RESPONSE to Motion re #19 MOTION to Set Aside Default filed by Plaintiffs David Bell, David Cook, Levi Eddins, Mike Forte, Larry Hunt, Robert Spence, United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan. (Campbell, Greg)
July 1, 2023 Filing 20 MEMORANDUM in Support of Motion re #19 MOTION to Set Aside Default filed by Defendant Topaz Retail, LLC. (Attachments: #1 Exhibit Ex. A Patel Declaration, #2 Exhibit Ex. B Butsch Declaration)(Butsch, David)
July 1, 2023 Filing 19 MOTION to Set Aside Default by Defendant Topaz Retail, LLC. (Butsch, David)
July 1, 2023 Filing 18 ENTRY of Appearance by David T. Butsch for Defendant Topaz Retail, LLC. (Butsch, David)
June 30, 2023 Filing 17 Clerk's ENTRY OF DEFAULT as to Defendant Topaz Retail, LLC. IT IS HEREBY ORDERED that Plaintiffs' Motion for Entry of Clerk's Default against Defendant Topaz Retail, LLC, d/b/a IGA, Elsberry [ECF No. #16 ] is GRANTED and the default of said defendant is hereby entered. (HMA) (copy sent to defendant 6/30/23)
June 30, 2023 ***REMARK - Motion for Entry of Clerk's Default #16 forwarded to the Clerk of Court/Chief Deputy for ruling. (EAB)
June 29, 2023 Filing 16 MOTION for Entry of Clerk's Default against Topaz Retail, LLC d/b/a IGA Elsberry by Plaintiffs David Bell, David Cook, Levi Eddins, Mike Forte, Larry Hunt, Robert Spence, United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan. (Campbell, Greg)
June 9, 2023 Filing 15 SUMMONS Returned Executed filed by David Bell, Robert Spence, Larry Hunt, David Cook, Levi Eddins, United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan, Mike Forte; Defendant Topaz Retail, LLC d/b/a IGA, Elsberry on 6/7/23; Answer due 6/28/23. (Campbell, Greg) Modified on 6/30/2023 (EAB).
June 5, 2023 Filing 14 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. (auto)
June 5, 2023 Filing 13 DISCLOSURE STATEMENT by Plaintiff United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 12 DISCLOSURE STATEMENT by Plaintiff Robert Spence. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 11 DISCLOSURE STATEMENT by Plaintiff Larry Hunt. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 10 DISCLOSURE STATEMENT by Plaintiff Mike Forte. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 9 DISCLOSURE STATEMENT by Plaintiff Levi Eddins. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 8 DISCLOSURE STATEMENT by Plaintiff David Cook. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 7 DISCLOSURE STATEMENT by Plaintiff David Bell. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 6 DISCLOSURE STATEMENT by Plaintiff Mike Forte. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 5 DISCLOSURE STATEMENT by Plaintiff Levi Eddins. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 4 DISCLOSURE STATEMENT by Plaintiff David Cook. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 3 DISCLOSURE STATEMENT by Plaintiff David Bell. No corporate parents or affiliates identified. (Campbell, Greg)
June 5, 2023 Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs David Bell, Dave Cook, Levi Eddins, Mike Forte, Larry Hunt, Robert Spence, United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan Process Server: Frederick Investigations (Campbell, Greg) (Main Document 2 replaced on 6/6/2023) (EAB).
June 5, 2023 Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-9981162, in the amount of $402 Non-Jury Demand,, filed by David Bell, Robert Spence, Larry Hunt, Dave Cook, Levi Eddins, United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan, Mike Forte. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Original Filing Form, #7 Summons)(Campbell, Greg)
June 5, 2023 Case Opening Notification. Judge Assigned: Honorable Rodney H. Holmes. 1 Summons(es) issued and emailed to attorney Gregory Campbell. 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. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD)

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Search for this case: United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan et al v. Topaz Retail, LLC
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Plaintiff: United Food and Commerical Workers Union Local 655 Food Employers Joint Pension Plan
Represented By: Greg A. Campbell
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Plaintiff: David Cook
Represented By: Greg A. Campbell
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Plaintiff: Robert Spence
Represented By: Greg A. Campbell
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Plaintiff: Levi Eddins
Represented By: Greg A. Campbell
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Plaintiff: Mike Forte
Represented By: Greg A. Campbell
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Plaintiff: David Bell
Represented By: Greg A. Campbell
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Plaintiff: Larry Hunt
Represented By: Greg A. Campbell
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Defendant: Topaz Retail, LLC d/b/a IGA, Elsberry
Represented By: David T. Butsch
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