Marshall et al v. Anderson Excavating and Wrecking Co.
Plaintiff: Contractors, Laborers, Teamsters and Engineers Health & Welfare Plan, Contractors, Laborers, Teamsters and Engineers Pension Plan, Ron Fucinaro, International Union of Operating Engineers, Local 571, Ron Kaminski, Rod Marshall, Timothy McCormick, Frank Neuvirth and Kim Quick
Defendant: Anderson Excavating and Wrecking Co.
Case Number: 8:2014cv00096
Filed: March 25, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: John M. Gerrard
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:185 Employee Pension Plan
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 21, 2019 Opinion or Order Filing 113 MEMORANDUM AND ORDER - Judgment will be entered against the defendant and for the plaintiffs in the total amount of $53,363.72, consisting of: a. $4,285.88 in unpaid contributions; b. $4,657.75 in prejudgment interest; c. $4,657.75 in liquidated damages; d. $39,287.34 in attorney's fees; and e. $475.00 in nontaxable costs. A separate judgment will be entered. Ordered by Chief Judge John M. Gerrard. (LAC)
March 20, 2017 Opinion or Order Filing 89 ORDER that the Court awards prejudgment interest to the plaintiffs in the amount of $8,717.96. The Court awards liquidated damages to the plaintiffs in the amount of $8,717.96. The Court awards attorney's fees to the plaintiffs in the amount of $38,331. The Court awards nontaxable costs to the plaintiffs in the amount of $516.50. Ordered by Judge John M. Gerrard. (LAC)
November 30, 2015 Opinion or Order Filing 56 MEMORANDUM AND ORDER - This case will not be stayed. The parties are directed to contact the Magistrate Judge for purposes of either confirming the present trial date or setting a new trial date. The plaintiff's motion for leave to file a response to show cause order (filing 54 )is denied as moot. Ordered by Judge John M. Gerrard.
November 10, 2015 Opinion or Order Filing 51 MEMORANDUM AND ORDER that the defendant's motion for judgment on the pleadings, or in the alternative, motion to dismiss 49 is denied. The parties are ordered to show cause by November 20, 2015, as to why the Court should not stay this action pending arbitration between the Union and the defendant. Ordered by Judge John M. Gerrard. (JSF)
June 16, 2015 Opinion or Order Filing 43 ORDER denying the Plaintiff's 42 Motion for Leave to File a Partial Motion for Summary Judgment Out of Time. Ordered by Judge John M. Gerrard. (MKR)
November 13, 2014 Opinion or Order Filing 26 ORDER - 1) The motion to withdraw filed by the law firm of Sherrets Bruno & Vogt LLC and attorneys James D. Sherrets and Diana J. Vogt, counsel of record for Defendant Anderson Excavating and Wrecking Co., A/K/A Anderson Excavating Co., (filing n o. 15 ), is granted.2) Defendant Anderson Excavating and Wrecking Company, a corporation, cannot litigate its action in this forum without representation by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 199 4). On or before December 4, 2014, it shall obtain the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the court may file an entry and/or judgment of default against it without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed as directed)(JAB)
August 19, 2014 Opinion or Order Filing 20 ORDER granting 19 Motion to Withdraw as Attorney. Kevin C. Berens and Kenneth M. Wentz III are permitted to withdraw as counsel on behalf of Defendant. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System

Search for this case: Marshall et al v. Anderson Excavating and Wrecking Co.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Anderson Excavating and Wrecking Co.
Represented By: Kelvin C. Berens
Represented By: JACKSON, LEWIS LAW FIRM - OMAHA
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Contractors, Laborers, Teamsters and Engineers Health & Welfare Plan
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Contractors, Laborers, Teamsters and Engineers Pension Plan
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Ron Fucinaro
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: International Union of Operating Engineers, Local 571
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Ron Kaminski
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rod Marshall
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Timothy McCormick
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Frank Neuvirth
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kim Quick
Represented By: Maynard H. Weinberg
Represented By: Duncan A. Young
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?