Marshall et al v. Anderson Excavating and Wrecking Co.
| 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 |
| Anderson Excavating and Wrecking Co. |
| 8:2014cv00096 |
| March 25, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 185 Employee Pension Plan |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
124
ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED - Counsel for the parties shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge John M. Gerrard. (JAB)
|
|
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)
|
|
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)
|
|
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.
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
