Boilermaker-Blacksmith National Pension Trust et al v. Elite Mechanical & Welding, LLC
| Mobilization, Optimization, Stabilization and Training Fund, Boilermaker-Blacksmith National Pension Trust, Dale Branscum, II, Boilermakers Apprenticeship and Training Funds, John Fultz, Boilermakers National Health and Welfare Fund and Boilermakers National Annuity Trust |
| Elite Mechanical & Welding, LLC and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, AFL-CIO |
| 5:2020cv06021 |
| February 19, 2020 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| John T Maughmer |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Defendant |
Docket Report
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| Filing 27 Before the Court is Defendant's Unopposed Motion for Extension of Time to File Replies and Responses to Defendant's Motion for Joinder, Plaintiffs' Motion to Strike, and Plaintiffs' Motion to Dismiss. (Doc. #26). For good cause stated the Motion is granted. Defendant is granted an extension of time until and including May 6, 2020, to file its reply in support of its Motion for Joinder and to file its response to Plaintiffs' Motion to Strike and Motion to Dismiss. Signed on 4/17/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 26 MOTION for extension of time to file response/reply as to #23 Suggestions in Support of Motion,, #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to strike #11 Answer to Complaint,,, Counterclaim,, , #24 Suggestions in Opposition to Motion,, #12 MOTION to join filed by Christian J. Riddell on behalf of Elite Mechanical & Welding, LLC. Suggestions in opposition/response due by 5/1/2020 unless otherwise directed by the court. (Related document(s) #23 , #22 , #24 , #12 ) (Riddell, Christian) |
| Set Deadlines as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to strike #11 Answer to Complaint, Counterclaim, Suggestions in opposition due by 5/6/2020. #12 MOTION to join Reply suggestions due by 5/6/2020. (Diefenbach, Tracy) |
Filing 25
ORDER denying #4 motion to change venue. Signed on 4/13/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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| Filing 24 SUGGESTIONS in opposition re #12 MOTION to join filed by Nathan A Kakazu on behalf of Plaintiffs Boilermaker-Blacksmith National Pension Trust, Boilermakers Apprenticeship and Training Funds, Boilermakers National Annuity Trust, Boilermakers National Health and Welfare Fund, Dale Branscum, II, John Fultz, Mobilization, Optimization, Stabilization and Training Fund. Reply suggestions due by 4/22/2020 unless otherwise directed by the court. (Related document(s) #12 ) (Kakazu, Nathan) |
| Filing 23 SUGGESTIONS in support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to strike #11 Answer to Complaint,,, Counterclaim,, filed by Nathan A Kakazu on behalf of Plaintiffs Boilermaker-Blacksmith National Pension Trust, Boilermakers Apprenticeship and Training Funds, Boilermakers National Annuity Trust, Boilermakers National Health and Welfare Fund, Dale Branscum, II, John Fultz, Mobilization, Optimization, Stabilization and Training Fund. (Related document(s) #22 ) (Kakazu, Nathan) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to strike #11 Answer to Complaint,,, Counterclaim,, filed by Nathan A Kakazu on behalf of All Plaintiffs. Suggestions in opposition/response due by 4/22/2020 unless otherwise directed by the court. (Related document(s) #11 ) (Kakazu, Nathan) |
| Filing 21 REPLY SUGGESTIONS to motion re #4 MOTION to change venue filed by Christian J. Riddell on behalf of Defendant Elite Mechanical & Welding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #4 ) (Riddell, Christian) |
| Filing 20 CERTIFICATE OF SERVICE by Elite Mechanical & Welding, LLC Defendant's First Requests For Discovery to Plaintiffs filed by Christian J. Riddell on behalf of Defendant Elite Mechanical & Welding, LLC.(Riddell, Christian) |
| Filing 19 Before the Court is Fund Plaintiffs' Unopposed Motion for Extension of Time to File Opposition to Defendant's Rule 19 Motion for Joinder. (Doc. #18). For good cause stated the Motion is granted. Fund Plaintiffs are granted an extension of time until and including April 8, 2020, to file a response to Defendant's Rule 19 Motion for Joinder. Signed on 3/31/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 18 MOTION for extension of time to file response/reply as to #12 MOTION to join filed by Nathan A Kakazu on behalf of All Plaintiffs. Suggestions in opposition/response due by 4/14/2020 unless otherwise directed by the court. (Related document(s) #12 ) (Kakazu, Nathan) |
| Filing 17 SUGGESTIONS in opposition re #4 MOTION to change venue filed by Nathan A Kakazu on behalf of Plaintiffs Boilermaker-Blacksmith National Pension Trust, Boilermakers Apprenticeship and Training Funds, Boilermakers National Annuity Trust, Boilermakers National Health and Welfare Fund, Dale Branscum, II, John Fultz, Mobilization, Optimization, Stabilization and Training Fund. Reply suggestions due by 4/9/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Declaration of Lori Jasperson, #2 Exhibit Declaration of Mark Garrett, #3 Exhibit Declaration of Michael Bray, #4 Exhibit Declaration of Larry McManamon, #5 Exhibit Declaration of Justin Kathman)(Related document(s) #4 ) (Kakazu, Nathan) |
| Filing 16 Before the Court is the Fund Plaintiffs' Unopposed Motion for Extension of Time to File Opposition to Defendant's Motion to Change Venue. (Doc. #14). For good cause stated the Motion is granted. The Fund Plaintiffs are granted an extension of time until and including March 27, 2020, to file a response to Defendants Motion to Change Venue. Signed on 3/24/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 15 NOTICE OF REASSIGNMENT from Magistrate Judge John T. Maughmer to District Judge Stephen R. Bough. Please note the new case number: 20-6021-CV-SJ-SRB. (Melvin, Greg) |
| Filing 14 (JOINT) MOTION for extension of time to file response/reply as to #4 MOTION to change venue up to March 27, 2020 filed by Nathan A Kakazu on behalf of All Plaintiffs. Suggestions in opposition/response due by 4/7/2020 unless otherwise directed by the court. (Related document(s) #4 ) (Kakazu, Nathan) Modified on 3/24/2020 at the request of counsel to note joint motion and requested date of extension. NEF regenerated to all parties. (Kern, Kendra) |
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Filing 13
ORDER that inasmuch as the pending motions in this matter indicate that no consent to proceed before a Magistrate Judge will be reached, the Clerk of the Court shall immediately REDRAW, REASSIGN, and TRANSFER this matter to a District Court Judge for all further purposes and proceedings. Signed on 3/23/20 by Magistrate Judge John T. Maughmer. This is a TEXT ONLY ENTRY. No document is attached. (Alexander, Pam)
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| Filing 12 MOTION to join filed by Christian J. Riddell on behalf of Elite Mechanical & Welding, LLC. Suggestions in opposition/response due by 4/1/2020 unless otherwise directed by the court. (Riddell, Christian) |
| Filing 11 Amended ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against Boilermaker-Blacksmith National Pension Trust, Boilermakers Apprenticeship and Training Funds, Boilermakers National Annuity Trust, Boilermakers National Health and Welfare Fund, Dale Branscum, II, John Fultz, Mobilization, Optimization, Stabilization and Training Fund, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, AFL-CIO on behalf of Elite Mechanical & Welding, LLC.(Riddell, Christian) |
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Filing 10
ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney Christian J. Riddell for Elite Mechanical & Welding, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 9 Motion to allow Christian J. Riddell to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6769040) filed by Walter R. Simpson on behalf of Elite Mechanical & Welding, LLC. (Simpson, Walter) |
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Filing 8
RULE 16 NOTICE. Proposed scheduling order due by 5/4/2020. Rule 26 conference due by 4/20/2020. Signed on 3/11/2020 by Magistrate Judge John T. Maughmer. (Stepp, Jane)
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| Filing 7 RETURN OF SERVICE of complaint executed by Mobilization, Optimization, Stabilization and Training Fund, Boilermakers National Annuity Trust, Dale Branscum, II, Boilermakers National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, Boilermakers Apprenticeship and Training Funds, John Fultz. Elite Mechanical & Welding, LLC served on 2/25/2020, answer due 3/17/2020. (Kakazu, Nathan) |
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Filing 6
ORDER denying #5 motion to appear pro hac vice entered by Clerk of Court. The court has denied your pro hac vice motion because an outdated form was used. To better meet the requirements of recently amended Local Rule 83.5(h), the pro hac vice form was revised. This new form is now required and is available on our court website at #Pro Hac Vice Form. If you still wish to proceed pro hac vice in this case, please refile your motion using the correct form. To avoid being charged a duplicate fee, please insert the receipt number issued for this motion in the receipt box on your new filing. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 5 Motion to allow Christian J. Riddell to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6769040) filed by Walter R. Simpson on behalf of Elite Mechanical & Welding, LLC. (Simpson, Walter) |
| Filing 4 MOTION to change venue filed by Walter R. Simpson on behalf of Elite Mechanical & Welding, LLC. Suggestions in opposition/response due by 3/24/2020 unless otherwise directed by the court. (Simpson, Walter) |
| Filing 3 ANSWER to Complaint with Jury Demand on behalf of Elite Mechanical & Welding, LLC.(Attorney Walter R. Simpson added to party Elite Mechanical & Welding, LLC(pty:dft))(Simpson, Walter) |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Kern, Kendra) |
| NOTICE OF MAGISTRATE ASSIGNMENT. This is a docket entry only. No document is attached. Magistrate Return due by 3/12/2020 unless otherwise directed by the court. Consent form has been emailed to Plaintiff's counsel.(Kern, Kendra) |
| SUMMONS REISSUED as to Elite Mechanical & Welding, LLC. (Kern, Kendra) |
| SUMMONS ISSUED as to Elite Mechanical & Welding, LLC. (Kern, Kendra) |
| Filing 1 COMPLAINT against Elite Mechanical & Welding, LLC filed by Nathan A Kakazu on behalf of Mobilization, Optimization, Stabilization and Training Fund, Boilermakers National Annuity Trust, Dale Branscum, II, Boilermakers National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, Boilermakers Apprenticeship and Training Funds, John Fultz. Filing fee $400, receipt number AMOWDC-6734641. Service due by 5/19/2020 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Kakazu, Nathan) (Attachment 1 replaced on 2/20/2020) (Kern, Kendra). |
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