SULLIVAN et al v. APEX XPRESS, INC. et al
Plaintiff: TRUSTEES OF THE LOCAL 807 LABOR-MANAGEMENT HEALTH AND PENSION FUNDS, ANTHONY STORZ, JOHN ZAK, LUIS HERRERA, JOHN SULLIVAN, ROBERT HOLDEN and ALLEN SWERDLICK
Defendant: APEX XPRESS, INC., XYZ CORPORATION, ROBERT M. CERCHIONE, LORRAINE CERCHIONE and RAYMOND CERCHIONE
Case Number: 2:2017cv04733
Filed: June 27, 2017
Court: US District Court for the District of New Jersey
Office: Newark Office
County: Essex
Presiding Judge: Joseph A Dickson
Referring Judge: Jose L Linares
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2018 Opinion or Order Filing 35 ORDER that this action, along with any and all deadlines and motions, are hereby Dismissed Without Prejudice in light of the pending bankruptcy proceeding; the Clerk of the District Court shall notify the Clerk of the Bankruptcy Court of this Order by sending a copy of same; the Clerk of the District Court shall mark this case Closed. Signed by Chief Judge Jose L. Linares on 12/18/2018. (sm)
December 12, 2018 Filing 34 STATUS REPORT by All Plaintiffs. (NEW, DAVID)
October 11, 2018 Opinion or Order Filing 33 ORDER granting Plaintiff's re #32 Status Report and request to allow Plaintiff's to have until 12/7/18 to advise the Court whether or not the instant matter will be continued, etc. Signed by Magistrate Judge Joseph A. Dickson on 10/11/18. (cm, )
October 10, 2018 Filing 32 STATUS REPORT by All Plaintiffs. (NEW, DAVID)
October 9, 2018 Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Telephone Status Conference held on 10/9/2018. Counsel to file joint case status report by 12/7/18. (nm, )
September 18, 2018 Opinion or Order Filing 31 TEXT ORDER: The Court is in receipt of Plaintiffs status letter filed 9/12/18 (ECF No. 30). The parties are advised that a telephone status conference is scheduled for 10/9/18 at 3:30 p.m. Counsel for plaintiff shall initiate the call to 973-645-2580.. So Ordered by Magistrate Judge Joseph A. Dickson on 9/18/18. (nm, )
September 12, 2018 Filing 30 STATUS REPORT by All Plaintiffs. (NEW, DAVID)
May 22, 2018 Opinion or Order Filing 29 TEXT ORDER: Discovery end date is extended to 7/31/18. Plaintiff is to file a status letter with the Court on or before 7/27/18.. So Ordered by Magistrate Judge Joseph A. Dickson on 5/22/18. (nm, )
May 21, 2018 Filing 28 MOTION for Extension of Time to Complete Discovery (Letter Motion) by All Plaintiffs. (NEW, DAVID)
May 21, 2018 Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Telephone Status Conference held on 5/21/2018. (nm, )
March 8, 2018 Opinion or Order Filing 27 TEXT ORDER: ECF #18 is vacated. Discovery end date is extended to 5/31/18. Telephone status conference scheduled for 5/21/18 at 11:30 A.M. Counsel for plaintiff is to initiate the call to 973-645-2580.. So Ordered by Magistrate Judge Joseph A. Dickson on 3/8/18. (nm, )
March 8, 2018 Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Telephone Status Conference held on 3/8/2018. (nm, )
February 26, 2018 Opinion or Order Filing 26 TEXT ORDER: The parties are advised that a telephone status conference is scheduled for 3/8/18 at 2:30 p.m. Counsel for plaintiff is to initiate the call to 973-645-2580. The telephone status conference previously scheduled for 4/9/18 has been cancelled.. So Ordered by Magistrate Judge Joseph A. Dickson on 2/26/18. (nm, )
February 19, 2018 Filing 25 Letter from Christian R. White. (WHITE, CHRISTIAN)
February 6, 2018 Filing 24 AMENDED COMPLAINT (Third) against All Defendants All Defendants., filed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK.(NEW, DAVID)
February 5, 2018 Opinion or Order Filing 23 Consent Order Granting Plaintiffs' Leave to File Third Amended Complaint; Plaintiff shall file the Third Amended Complaint as an independent docket entry by 2/9/2018;etc. Signed by Magistrate Judge Joseph A. Dickson on 2/5/2018. (ld, )
February 2, 2018 Filing 22 APPLICATION/PETITION for Consent Order Granting Plaintiffs' Leave to File Third Amended Complaint for by All Plaintiffs. (Attachments: #1 Exhibit)(NEW, DAVID)
February 1, 2018 Opinion or Order Filing 21 ORDER granting permission to resubmit the Consent Order upon execution along with a new Third Amended Complaint, etc.. Signed by Magistrate Judge Joseph A. Dickson on 2/1/2018. (ld, )
January 30, 2018 Filing 20 Letter from David New re #19 Application/Petition. (NEW, DAVID)
January 22, 2018 Filing 19 APPLICATION/PETITION for Consent Order Granting Plaintiffs' Leave to File Third Amended Complaint for by All Plaintiffs. (Attachments: #1 Proposed Third Amended Complaint, #2 Letter)(NEW, DAVID)
January 11, 2018 Opinion or Order Filing 18 TEXT ORDER: Plaintiff's to file motion for partial summary judgment by 2/28/18. Telephone status conference scheduled for 4/9/18 at 11:30 a.m. Counsel for plaintiff is to initiate the call to 973-645-2580.. So Ordered by Magistrate Judge Joseph A. Dickson on 1/11/18. (nm, )
January 11, 2018 Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 1/11/2018. (nm, )
October 30, 2017 Opinion or Order Filing 17 PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 1/11/2018 03:00 PM before Magistrate Judge Joseph A. Dickson. Counsel for plaintiff is to initiate the call to chambers. Motions to Amend Pleadings must be filed no later than 1/31/2018. Fact discovery is to remain open through 3/30/2018. Joinder of Parties due by 1/31/2018. etc.. Signed by Magistrate Judge Joseph A. Dickson on 10/30/2017. (sms)
October 30, 2017 Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Initial Pretrial Conference held on 10/30/2017. (nm, )
October 25, 2017 Filing 16 Joint Discovery Plan by APEX XPRESS, INC..(WHITE, CHRISTIAN)
August 28, 2017 Pro Hac Vice fee: $ 150, receipt number NEW034267 for JOHN MCGOWAN, ESQ. (ld, )
August 22, 2017 Opinion or Order Filing 15 ORDER: Initial Conference set for 10/30/2017 10:30 AM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson. Signed by Magistrate Judge Joseph A. Dickson on 8/22/17. (nm, )
August 21, 2017 Opinion or Order Filing 14 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice as to John J. McGowan, Esq.. Signed by Magistrate Judge Joseph A. Dickson on 8/21/2017. (ld, )
August 21, 2017 Filing 13 ANSWER to Amended Complaint (Second) by APEX XPRESS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(WHITE, CHRISTIAN)
August 3, 2017 Filing 12 AMENDED COMPLAINT (SECOND) against APEX XPRESS, INC., XYZ CORPORATION, filed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK.(NEW, DAVID)
July 25, 2017 Set/Reset Deadlines as to #11 MOTION for Leave to Appear Pro Hac Vice for John J. McGowan, Jr.. Motion set for 8/21/2017 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
July 21, 2017 Filing 11 MOTION for Leave to Appear Pro Hac Vice for John J. McGowan, Jr. by APEX XPRESS, INC.. (Attachments: #1 Declaration of John J. McGowan, Jr. in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(WHITE, CHRISTIAN)
July 21, 2017 Filing 9 AMENDED COMPLAINT against APEX XPRESS, INC., XYZ CORPORATION, filed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK.(NEW, DAVID)
July 20, 2017 Opinion or Order Filing 10 STIPULATION AND ORDER GRANTING DEFENDANTS APEX XPRESS INC., ROBERT M. CERCHIONE, RAYMOND J. CERCHIONE, AND LORRAINE M. CERCHIONE A THIRTY DAY EXTENSION OF TIME TO FILE AN ANSWER; the time has been extended to August 21, 2017. Signed by Magistrate Judge Joseph A. Dickson on 7/20/2017. (ld, )
July 20, 2017 Filing 8 Letter from Christian R. White to Honorable Judge Joseph A. Dickson. (Attachments: #1 Stipulation and Order)(WHITE, CHRISTIAN)
July 20, 2017 Filing 7 NOTICE of Appearance by CHRISTIAN R. WHITE on behalf of APEX XPRESS, INC., LORRAINE CERCHIONE, RAYMOND CERCHIONE, ROBERT M. CERCHIONE (WHITE, CHRISTIAN)
July 12, 2017 Filing 6 SUMMONS Returned Executed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK. APEX XPRESS, INC. served on 6/30/2017, answer due 7/21/2017. (NEW, DAVID)
July 12, 2017 Filing 5 SUMMONS Returned Executed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK. LORRAINE CERCHIONE served on 6/30/2017, answer due 7/21/2017. (NEW, DAVID)
July 12, 2017 Filing 4 SUMMONS Returned Executed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK. ROBERT M. CERCHIONE served on 6/30/2017, answer due 7/21/2017. (NEW, DAVID)
July 12, 2017 Filing 3 SUMMONS Returned Executed by ANTHONY STORZ, ALLEN SWERDLICK, LUIS HERRERA, ROBERT HOLDEN, JOHN SULLIVAN, JOHN ZAK. RAYMOND CERCHIONE served on 6/30/2017, answer due 7/21/2017. (NEW, DAVID)
June 28, 2017 Filing 2 SUMMONS ISSUED as to APEX XPRESS, INC., LORRAINE CERCHIONE, RAYMOND CERCHIONE, ROBERT M. CERCHIONE Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *LEROY DUNBAR* (ld, )
June 27, 2017 Case Assigned to Chief Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson. (ak, )
June 27, 2017 Filing 1 COMPLAINT against APEX XPRESS, INC., XYZ CORPORATION, ROBERT M. CERCHIONE, RAYMOND CERCHIONE, LORRAINE CERCHIONE. ( Filing and Admin fee $ 400 receipt number 0312-7929926), filed by JOHN SULLIVAN, ANTHONY STORZ, LUIS HERRERA, JOHN ZAK, ROBERT HOLDEN, ALLEN SWERDLICK. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(NEW, DAVID).

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Defendant: APEX XPRESS, INC.
Represented By: CHRISTIAN R. WHITE
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Defendant: XYZ CORPORATION
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Defendant: ROBERT M. CERCHIONE
Represented By: CHRISTIAN R. WHITE
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Defendant: LORRAINE CERCHIONE
Represented By: CHRISTIAN R. WHITE
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Defendant: RAYMOND CERCHIONE
Represented By: CHRISTIAN R. WHITE
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Plaintiff: TRUSTEES OF THE LOCAL 807 LABOR-MANAGEMENT HEALTH AND PENSION FUNDS
Represented By: DAVID W. NEW
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Plaintiff: ANTHONY STORZ
Represented By: DAVID W. NEW
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Plaintiff: JOHN ZAK
Represented By: DAVID W. NEW
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Plaintiff: LUIS HERRERA
Represented By: DAVID W. NEW
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Plaintiff: JOHN SULLIVAN
Represented By: DAVID W. NEW
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Plaintiff: ROBERT HOLDEN
Represented By: DAVID W. NEW
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Plaintiff: ALLEN SWERDLICK
Represented By: DAVID W. NEW
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