Local 513, International Union of Operating Engineers, AFL-CIO et al v. Love Brothers Contracting, Inc.
| Local 513, International Union of Operating Engineers, AFL-CIO, Brian Graff, Local Union 513 Pension Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Annuity Fund, Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Vacation Fund, International Union of Operating Engineers National Training Fund and John L. Downey |
| Love Brothers Contracting, Inc. |
| 4:2025cv00567 |
| April 23, 2025 |
| U.S. District Court for the Eastern District of Missouri |
| Noelle C Collins |
| 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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This docket was last retrieved on July 23, 2025. A more recent docket listing may be available from PACER.
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Filing 24
CASE MANAGEMENT ORDER This case is assigned to Track: two [SEE ORDER FOR COMPLETE DETAILS]. ( Motion to Join Parties due by 10/31/2025. Discovery Completion due by 4/13/2026. Dispositive Motions due by 5/15/2026. Bench Trial set for 10/19/2026 09:00 AM in Courtroom 15N - St. Louis before Magistrate Judge Noelle C. Collins. Pretrial Conference set for 10/14/2026 10:00 AM in Courtroom 15N - St. Louis before Magistrate Judge Noelle C. Collins. Pretrial Compliance due by 9/30/2026. Status Conference set for 10/9/2026 10:00 AM in Zoom Video Conference before Magistrate Judge Noelle C. Collins.). Signed by Magistrate Judge Noelle C. Collins on 07/23/2025. (KCD)
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| Filing 23 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge Noelle C. Collins:Rule 16 Conference held on 7/23/2025. Conference held via Zoom. CMO to issue. (proceedings started: 1:35 PM) (proceedings ended: 1:56 PM) (Recorded on Zoom by: B. Porter)(Appearance for Plaintiff: Matthew Gierse)(Appearance for Defendant: William C. Jarvis) (BRP) |
| Filing 22 ENTRY of Appearance by Alexandria Eve Schaefer for Plaintiffs John L. Downey, Brian Graff, Brian Graff, International Union of Operating Engineers National Training Fund, 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 Vacation Fund. (Schaefer, Alexandria) |
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Filing 21
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Request to Appear via Zoom for Rule 16 Conference (Doc. #20 ) is GRANTED. IT IS FURTHER ORDERED that the Rule 16 Conference set for Wednesday, July 23, 2025 at 1:30 p.m. will be held entirely by Zoom. Counsel of record will receive an email with a link to join the video conference. Signed by Magistrate Judge Noelle C. Collins on 7/14/2025. (JSL)
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| Filing 20 NOTICE Defendant's Request to Appear Via Zoom For Rule 16 Conference: by Defendant Love Brothers Contracting, Inc. (Jarvis, William) Modified on 7/14/2025 (KCD). |
| Filing 19 JOINT SCHEDULING PLAN by Plaintiffs John L. Downey, Brian Graff, Brian Graff, International Union of Operating Engineers National Training Fund, 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 Vacation Fund. . (Gierse, Matthew) |
| Filing 18 DISCLOSURE STATEMENT by Love Brothers Contracting, Inc.. No corporate parents or affiliates identified. (Jarvis, William) |
| Filing 17 DISCLOSURE STATEMENT by Love Brothers Contracting, Inc.. No corporate parents or affiliates identified. (Jarvis, William) Modified on 7/7/2025 - Due to the CM/ECF outage on 7/3/2025, the PDF did not save to the server. Emailed atty. W. Jarvis this date to re-file the document. (ANR). |
| Filing 16 FULL CONSENT has been received by Plaintiffs John L. Downey, Brian Graff, Brian Graff, International Union of Operating Engineers National Training Fund, 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 Vacation Fund, Defendant Love Brothers Contracting, Inc.. (BRP) |
| Filing 15 ANSWER to #1 Complaint,, by Love Brothers Contracting, Inc..(Jarvis, William) |
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Filing 14
RULE 16 ORDER This case is assigned to Track: two [SEE ORDER FOR COMPLETE DETAILS]. (Joint Scheduling Plan due by 7/16/2025. Rule 16 Conference set for 7/23/2025 01:30 PM in Chambers before Magistrate Judge Noelle C. Collins. Notice re: Magistrate Judge Jurisdiction due by 7/16/2025.). Signed by Magistrate Judge Noelle C. Collins on 07/01/2025. (KCD)
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| Notice from Clerk instructing Defendant Love Brothers Contracting, Inc. to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 7/7/2025. (KCD) |
| Filing 13 Electronic Notice re: Disclosure Statement to Defendant Love Brothers Contracting, Inc. - SECOND NOTICE. 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). (TMT) |
| Notice from Clerk instructing Defendant Love Brothers Contracting, Inc. to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. (Notice re: Magistrate Judge Jurisdiction due by 6/27/2025.) (TMT) |
| Filing 12 Electronic Notice re: Disclosure Statement to Defendant Love Brothers Contracting, Inc. 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). (TMT) |
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Filing 11
Docket Text ORDER: IT IS HEREBY ORDERED that in light of Plaintiffs' indication that the parties are in communication and that dismissal would be inappropriate at this time, Plaintiffs have met the requirements of the Show Cause Order (Doc. #5 ) and Plaintiffs' Consent Motion to Vacate the Show Cause Order (Doc. #10 ) is DENIED as MOOT. Signed by Magistrate Judge Noelle C. Collins on 6/12/2025. (JSL)
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| Filing 10 Consent MOTION to Vacate #5 Order,,, or in the Alternative, Motion for Extension of Time by Plaintiffs John L. Downey, Brian Graff, Brian Graff, International Union of Operating Engineers National Training Fund, 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 Vacation Fund. (Gierse, Matthew) |
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Filing 9
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Extension of Time to File Response/Reply (Doc. #8 ) is GRANTED. Defendant shall file the response on or before June 30, 2025. Signed by Magistrate Judge Noelle C. Collins on 6/3/2025. (JSL)
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| Filing 8 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Defendant Love Brothers Contracting, Inc.. (Jarvis, William) |
| Filing 7 ENTRY of Appearance by William C. Jarvis for Defendant Love Brothers Contracting, Inc.. (Jarvis, William) |
| Filing 6 ENTRY of Appearance by Michael E. Kaemmerer for Defendant Love Brothers Contracting, Inc.. (Kaemmerer, Michael) |
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Filing 5
ORDER: IT IS HEREBY ORDERED that Plaintiffs shall, within fourteen (14) days of the date of this Order, either (1) file appropriate motions for entry of default against Defendant, supported by all necessary affidavits and documentation, as well as proposed orders for the Court's consideration; (2) make it known to the Court that Plaintiffs and Defendant are in communication or are otherwise negotiating settlement of this case without further need of court intervention, and move to dismiss the case; or (3) file another appropriate motion.Failure to comply with this Order may result in dismissal of this matter without prejudice. IT IS FURTHER ORDERED that the Clerk of the Court is directed to send a copy of this Order to Defendant at the following address: Love Brothers Contracting, Inc. 467 Meadow Spring Drive Troy, MO 63379. (Mailed to address listed in the Order.) Signed by Magistrate Judge Noelle C. Collins on May 28, 2025. (BRP)
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| Filing 4 SUMMONS Returned Executed filed by Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Pension Fund, Local Union 513 Vacation Fund, Brian Graff, John L. Downey, Brian Graff, International Union of Operating Engineers National Training Fund, Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Health and Welfare Fund, Local Union 513 Annuity Fund. Love Brothers Contracting, Inc. served on 4/25/2025, answer due 5/16/2025. (Gierse, Matthew) |
| Case Opening Notification. Judge Assigned: Honorable Noelle C. Collins. 1 Summons(es) issued and emailed to Matthew J. Gierse. 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). (JBH) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiffs John L. Downey, Brian Graff, International Union of Operating Engineers National Training Fund, 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 Vacation Fund Process Server: Frederick Investigations, Inc. (Gierse, Matthew) |
| Filing 2 DISCLOSURE STATEMENT by John L. Downey, Brian Graff, International Union of Operating Engineers National Training Fund, 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 Vacation Fund. No corporate parents or affiliates identified. (Gierse, Matthew) |
| Filing 1 COMPLAINT against defendant Love Brothers Contracting, Inc. with receipt number AMOEDC-11218704, in the amount of $405 Non-Jury Demand,, filed by Local Union 513 Joint Apprenticeship Training Fund, Local Union 513 Pension Fund, Local Union 513 Vacation Fund, John L. Downey, Brian Graff, International Union of Operating Engineers National Training Fund, Local 513, International Union of Operating Engineers, AFL-CIO, Local Union 513 Health and Welfare Fund, Local Union 513 Annuity Fund. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Original Filing Form, #3 Attachment Summons - Love Brothers Contracting, Inc.)(Gierse, Matthew) |
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