Sheet Metal Workers' Health & Welfare Fund of North Carolina et al v. Stromberg Metal Works, Inc. et al
| Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Union Training Fund of North Carolina, Sheet Metal Workers' National Pension Fund, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers' Health & Welfare Fund of North Carolina and National Stabilization Agreement of the Sheet Metal Industry |
| Jazmin Castrejon, Triangle Servitek, LLC, Joel Garcia Castillo and Stromberg Metal Works, Inc. |
| 5:2021cv00101 |
| March 1, 2021 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| Terrence W Boyle |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Cash Bond Received: $ 1,255,195.04, receipt number RAL091599. (Stouch, L.)
|
|
Filing 136
ORDER granting #134 Motion for Approval of Cash Bond and Stay of Execution of Judgment. Signed by District Judge Terrence W. Boyle on 4/14/2022. (Stouch, L.)
|
|
Motion Submitted to District Judge Terrence W. Boyle regarding #134 MOTION to Stay Execution of Judgment & Approval of Cash Bond. (Stouch, L.)
|
|
Filing 135
Memorandum in Support regarding #134 MOTION to Stay Execution of Judgment & Approval of Cash Bond Memorandum in Support of filed by Stromberg Metal Works, Inc. (Attachments: #1 Text of Proposed Order) (Pierce, Douglas) Modified on 3/18/2022 to edit docket text to reflect it is not a separate motion (Stouch, L.).
|
|
Filing 134
MOTION to Stay Execution of Judgment & Approval of Cash Bond filed by Stromberg Metal Works, Inc.. (Pierce, Douglas)
|
|
Filing 133
Notice filed by Stromberg Metal Works, Inc. Intent to File Motion for Approval of Supersedeas Bond and Stay of Execution. (Pierce, Douglas)
|
|
Remark - #132 Request referred to Peter A. Moore, Jr., Clerk of Court. (Stouch, L.)
|
|
Remark - #133 Notice referred to Peter A. Moore, Jr. Clerk of Court. (Stouch, L.)
|
|
Filing 132
Notice filed by Sheet Metal Workers' National Pension Fund regarding #117 Judgment,,, Request for Clerk to Issue Writ of Execution. (Attachments: #1 Exhibit USM-285) (Campbell, Karla)
|
|
Filing 131
ORDER - The Court in its discretion DENIES plaintiffs' motion for attorney fees and costs and for supplemental award of interest [DE 121] WITHOUT PREJUDICE to refiling at the conclusion of the appeal. If appropriate, plaintiffs shall refile their motion within twenty-one (21) days of the entry of the mandate of the court of appeals and may incorporate their previously filed motion by reference. The motion to hold the motion in abeyance [DE 128] is DENIED. Signed by District Judge Terrence W. Boyle on 1/25/2022. (Stouch, L.)
|
|
Filing 130
OFFICIAL TRANSCRIPT of Proceedings held on 6/2/2021, Motions Hearing, before Judge Terrence W. Boyle. Court Reporter/Sandra Graham, Telephone number 252-264-4646. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/26/2021. Redacted Transcript Deadline set for 1/5/2022. Release of Transcript Restriction set for 3/5/2022. (Foell, S.)
|
|
NOTICE of Filing of Official Transcript #130 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.)
|
|
Motion Submitted to District Judge Terrence W. Boyle regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest, #128 MOTION Hold In Abeyance Plaintiff's Motion for Atty Fees and Costs or in Alternative for Extension of Time to Respond to Plaintiffs Motion. (Stouch, L.)
|
|
Filing 129
RESPONSE in Opposition regarding #128 MOTION Hold In Abeyance Plaintiff's Motion for Atty Fees and Costs or in Alternative for Extension of Time to Respond to Plaintiffs Motion filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla)
|
|
Filing 128
MOTION Hold In Abeyance Plaintiff's Motion for Atty Fees and Costs or in Alternative for Extension of Time to Respond to Plaintiffs Motion filed by Stromberg Metal Works, Inc.. (Pierce, Douglas)
|
|
Filing 127
Declaration regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest of Kim Reynolds filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Campbell, Karla)
|
|
Filing 126
Declaration regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest of Kenneth Anderson filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Campbell, Karla)
|
|
Filing 125
Declaration regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest of Amy R. Mohan in Support of Campbell filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Campbell, Karla)
|
|
Filing 124
Declaration regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest of J. Griffin Morgan in Support of Ghosh by filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Campbell, Karla)
|
|
Filing 123
Declaration regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest of Narendra K. Ghosh filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Campbell, Karla)
|
|
Filing 122
Declaration regarding #121 MOTION for Attorney Fees and Costs and for Supplemental Award of Interest of Karla M. Campbell filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Attachments: #1 Exhibit A - BSJ Timesheet - Fees and Costs, #2 Exhibit B - McBride Comparable Fee Award, #3 Exhibit C - Judge Trauger Comparable Fee Award) (Campbell, Karla)
|
|
Filing 121
MOTION for Attorney Fees and Costs and for Supplemental Award of Interest filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla)
|
|
Filing 120
US Court of Appeals Case Number 21-2134 (Rickie Edwards, Case Manager) as to #118 Notice of Appeal filed by Stromberg Metal Works, Inc.. (Foell, S.)
|
|
Filing 119
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #118 Notice of Appeal. (Foell, S.)
|
|
Filing 118
Notice of Appeal filed by Stromberg Metal Works, Inc. as to #117 Judgment,,, #116 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,,,,. Filing fee, receipt number 0417-6264415. (Boyce, R.)
|
|
Filing 117
JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that on June 1, 2021 all claims and causes of action asserted in this lawsuit against Defendants Triangle Servitek, LLC, Joel Garcia Castillo, and Jazmin Castrejon were dismissed with prejudice. IF IS FURTHER ORDERED, AND DECREED that defendant's motion for summary judgment [DE 57] is DENIED; plaintiffs' motion for summary judgment [DE 65] is GRANTED; plaintiffs' motion to strike [DE 82] is GRANTED IN PART and DENIED IN PART; defendants' motion to strike [DE 86] is DENIED; defendant's motion to strike [DE 87] is DENIED. Plaintiffs are awarded $823,658.24 in delinquent contributions for the audit period plus liquidated damages and interest on the delinquency in the amount of $430,658.16. Signed by Peter A. Moore, Jr., Clerk of Court on 9/23/2021. (Sellers, N.)
|
|
Filing 116
ORDER denying #57 Motion for Summary Judgment; granting #65 Motion for Summary Judgment; granting in part and denying in part #82 Motion to Strike ; denying #86 Motion to Strike ; denying #87 Motion to Strike. Signed by District Judge Terrence W. Boyle on 9/22/2021. (Sellers, N.)
|
|
Filing 115
Notice of Suggestion of Subsequently Controlling Decided Authority filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina . (Campbell, Karla)
|
|
Remark - Briefs submitted to US District Judge Terrence W. Boyle for review. (Stouch, L.)
|
|
Filing 114
Memorandum in Support of Motion for Summary Judgment filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla)
|
|
Filing 113
Memorandum in Support of Motion for Summary Judgment filed by Stromberg Metal Works, Inc.. (Pierce, Douglas)
|
|
Filing 112
ORDER granting #106 Motion for updated consolidated briefs concerning summary judgment. The parties are each permitted twenty-one (21) days from the date of entry of this order to provide the Court with a supplemental brief, not to exceed twenty pages, limited to the legal authorities and citations applicable in the Fourth Circuit. Signed by District Judge Terrence W. Boyle on 6/28/2021. (Stouch, L.) Modified on 9/7/2021 - changed docket text to correctly reflect ruling by the court. (Sellers, N.)
|
|
Motion Submitted to District Judge Terrence W. Boyle regarding #106 MOTION Updated Consolidated Briefs Concerning Summary Judgment. (Stouch, L.)
|
|
Filing 111
Minute Entry for proceedings held in Elizabeth City, NC before District Judge Terrence W. Boyle: Motion Hearing held on 6/2/2021. All parties present and ready to proceed. Oral argument held. A written order will follow. (Court Reporter Sandra Graham) (Stouch, L.)
|
|
Filing 110
ORDER OF DISMISSAL - All claims and causes of action asserted in this lawsuit against Defendants Triangle Servitek, LLC, Joel Garcia Castillo, and Jazmin Castrejon shall be and hereby are dismissed with prejudice. Signed by District Judge Terrence W. Boyle on 5/28/2021. (Stouch, L.)
|
|
Motion Submitted to District Judge Terrence W. Boyle regarding #109 Consent MOTION to Dismiss. (Stouch, L.)
|
|
Filing 109
Consent MOTION to Dismiss filed by Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC. (Attachments: #1 Text of Proposed Order) (Leach, Glenn)
|
|
Filing 108
Certificate of Service filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina regarding #107 Response in Opposition to Motion,, . (Campbell, Karla)
|
|
Filing 107
RESPONSE in Opposition regarding #106 MOTION Updated Consolidated Briefs Concerning Summary Judgment filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla)
|
|
Filing 106
MOTION Updated Consolidated Briefs Concerning Summary Judgment filed by Stromberg Metal Works, Inc.. (Attachments: #1 Text of Proposed Order) (Boyce, R.)
|
|
***Set Hearing: Motions Hearing set for 6/2/2021 at 11:30 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Stouch, L.)
|
|
Filing 105
Notice of Special Appearance for non-district by Douglas Ray Pierce on behalf of Stromberg Metal Works, Inc.. (Pierce, Douglas)
|
|
Filing 104
Notice of Appearance filed by R. Daniel Boyce on behalf of Stromberg Metal Works, Inc.. (Boyce, R.)
|
|
Motion Submitted to District Judge Terrence W. Boyle regarding #57 MOTION for Summary Judgment , #86 MOTION to Strike Plaintiffs' Response to Defendant's Statement of Undisputed Facts (DE 78) and to Strike Plaintiffs Response to Defendant's Statement of Additional Disputed Facts (DE 84), #82 MOTION to Strike #60 Declaration, #75 Response (Non-Motion or 2255 Petition) Exhibit 1, #65 MOTION for Summary Judgment , #87 MOTION to Strike Plaintiffs' Reply or in the Alternative, Stromberg's Motion to File a Sur-Reply. (Stouch, L.)
|
|
Filing 103
Financial Disclosure Statement by Triangle Servitek, LLC (Leach, Glenn)
|
|
Filing 102
Notice of Appearance filed by Glenn Wade Leach, III on behalf of Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC. (Leach, Glenn)
|
|
Filing 101
Notice of Special Appearance for non-district by Karla M. Campbell on behalf of All Plaintiffs. (Campbell, Karla)
|
|
Filing 100
Notice of Appearance filed by Narendra K. Ghosh on behalf of All Plaintiffs. (Ghosh, Narendra)
|
|
Filing 99
Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.)
|
|
Filing 98
Case transferred in from District of Tennessee Middle. Case Number 3:19-cv-00976. Transfer order and docket sheet obtained from transferring district.
|
|
Filing 97
ORDER: Pending before the Court is a Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer to the Eastern District of North Carolina (Doc. No. #35 ), filed by Defendant Stromberg Metal Works, Inc. For the reasons set forth in the accompanying Memorandum Opinion, the Motion to Dismiss is DENIED as moot, and the Motion to Transfer is GRANTED. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of North Carolina in Raleigh, North Carolina. All other pending motions will be decided by the transferee court. Signed by District Judge Eli J. Richardson on 03/01/2021. (ln) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 96
MEMORANDUM OPINION. Signed by District Judge Eli J. Richardson on 03/01/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 95
ORDER denying as moot #25 Motion to Dismiss for Lack of Jurisdiction. On or before March 1, 2021, the parties shall submit an appropriate motion pursuant to Fed. R. Civ. P. 21, which governs requests to dismiss some but not all defendants in a case. Signed by District Judge Eli J. Richardson on 2/16/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 94
REPLY to Response to re #86 MOTION to Strike Plaintiffs' Response to Defendant's Statement of Undisputed Facts (DE 78) and to Strike Plaintiffs Response to Defendant's Statement of Additional Disputed Facts (DE 84) filed by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 93
ORDER: Pending before the Court is Plaintiffs' Motion to Seal and Substitute Redacted Copies (Doc. No. #91 , Motion). The Motion is GRANTED in part and DENIED in part. Therefore, the Clerk is directed to seal Doc. No. #69 -1 and Doc. No. #70 -1. Accordingly, to the extent the Motion seeks to seal the declarations at Doc. Nos. #69 and #70 , the Motion is denied. Signed by District Judge Eli J. Richardson on 12/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 92
RESPONSE in Opposition re #86 MOTION to Strike Plaintiffs' Response to Defendant's Statement of Undisputed Facts (DE 78) and to Strike Plaintiffs Response to Defendant's Statement of Additional Disputed Facts (DE 84) filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Attachments: #1 Exhibit A - Revised Dkt 78 and 84 Responses)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 91
MOTION to Seal Document #69 Declaration,, #70 Declaration,, by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Attachments: #1 Attachment Redacted Attachment with Anderson Declaration, #2 Attachment Redacted Attachment with Morris Declaration)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 90
REPLY to Response to re #87 MOTION to Strike Plaintiffs' Reply or in the Alternative, Stromberg's Motion to File a Sur-Reply filed by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 89
RESPONSE in Opposition re #87 MOTION to Strike Plaintiffs' Reply or in the Alternative, Stromberg's Motion to File a Sur-Reply filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Attachments: #1 Exhibit A - Revised Dkt. 81 Reply)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 88
REPLY to Response to re #82 MOTION to Strike #60 Declaration, #75 Response (Non-Motion or 2255 Petition) Exhibit 1 filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 87
MOTION to Strike Plaintiffs' Reply or in the Alternative, Stromberg's Motion to File a Sur-Reply by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 86
MOTION to Strike Plaintiffs' Response to Defendant's Statement of Undisputed Facts (DE 78) and to Strike Plaintiffs Response to Defendant's Statement of Additional Disputed Facts (DE 84) by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 85
RESPONSE in Opposition re #82 MOTION to Strike #60 Declaration, #75 Response (Non-Motion or 2255 Petition) Exhibit 1 filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Exhibit 1 - William Blank Deposition Excerpts)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 84
RESPONSE filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re #75 Response (Non-Motion or 2255 Petition) filed by Stromberg Metal Works, Inc. to Statement of Additional Disputed Facts. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 83
MEMORANDUM in Support of #82 MOTION to Strike #60 Declaration, #75 Response (Non-Motion or 2255 Petition) Exhibit 1 filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina . (Attachments: #1 Attachment William Blank Deposition Excerpts)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 82
MOTION to Strike #60 Declaration, #75 Response (Non-Motion or 2255 Petition) Exhibit 1 by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 81
REPLY to Response to re #65 MOTION for Summary Judgment filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Attachments: #1 Attachment William Blank Deposition Excerpt)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 80
DECLARATION of Kathleen Bigelow filed by Stromberg Metal Works, Inc. re: #79 Reply to Response to Motion. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 79
REPLY to Response to re #65 MOTION for Summary Judgment filed by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 78
RESPONSE filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re #59 Statement of facts filed by Stromberg Metal Works, Inc. (Campbell, Karla). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 77
DECLARATION of Kim Reynolds filed by National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re: #76 Response in Opposition to Motion. (Campbell, Karla) Modified on 11/24/2020 (ln). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 76
RESPONSE in Opposition re #57 MOTION for Summary Judgment filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 75
Stromberg's RESPONSE to Plaintiff's Statement of Facts. (Attachments: #1 Exhibit Exhibit 1 - William Blank Deposition Excerpts and Exhibits)(Pierce, Douglas) Modified on 11/24/2020 (ln). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 74
DECLARATION of Kathleen Bigelow filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Exhibit 1 - 30(b)(6) Deposition Notice for Stromberg, #2 Exhibit Exhibit 2 - Aug 29, 2016 email Sharp to Bigelow)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 73
RESPONSE in Opposition re #65 MOTION for Summary Judgment filed by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 72
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice of the October 26, 2020 filing of motions for summary judgment. (Docket Nos. #57 - #70 .) The deadlines for responsive filings are provided for in prior orders of the Court. See Docket Entry No. #30 . The Clerk of Court shall forward these motions and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 11/03/2020. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 71
ORDER: Currently pending is Plaintiffs' motion to quash the notice of deposition served by Defendant Stromberg Metal Works, Inc. (Stromberg) on counsel for Plaintiffs, Karla Campbell. Plaintiff's motion to quash #48 is GRANTED. However, this ruling is without prejudice for Defendant Stromberg to later contest any attempt by Plaintiffs to offer evidence either directly or indirectly through Ms. Campbell's testimony. Signed by Magistrate Judge Barbara D. Holmes on 10/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) Modified on 10/29/2020 (ln). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 70
DECLARATION of Deanna Morris filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re: #65 MOTION for Summary Judgment . (Attachments: #1 Exhibit Calibre CPA Audit 10-22-20)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 69
DECLARATION of Kenneth Anderson filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re: #65 MOTION for Summary Judgment . (Attachments: #1 Exhibit Calibre CPA Audit 10-22-20)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 68
DECLARATION of Don Dette filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re: #65 MOTION for Summary Judgment . (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 67
STATEMENT of facts filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina in support of #66 Memorandum in Support,,. (Attachments: #1 Exhibit 1 - Blank depo excerpts and exhibits, #2 Exhibit 2 - Dette depo excerpts and exhibits, #3 Exhibit 3 - Brassell depo excerpts and exhibits, #4 Exhibit 4 - Def Triangle documents produced, #5 Exhibit 5 - PLTS documents produced)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 66
MEMORANDUM in Support of #65 MOTION for Summary Judgment filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina . (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 65
MOTION for Summary Judgment by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 64
Additional Attachments to Main Document re: #59 Statement of facts. (Attachments: #1 Attachment Don Dette Depo VOL I Part1, #2 Attachment Don Dette Depo VOL I Part2, #3 Attachment Don Dette Depo VOL I Part3, #4 Attachment Don Dette Depo VOL I Part4, #5 Attachment Don Dette Depo VOL I Part5, #6 Attachment Don Dette Depo VOL II, #7 Attachment Jazmin Castrejon Depo, #8 Attachment Nicholas Brassell Depo Part 1, #9 Attachment Nicholas Brassell Depo Part 2, #10 Attachment Nicholas Brassell Depo Part 3, #11 Attachment Nicholas Brassell Depo Part 4)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 63
DECLARATION of Kathleen Bigelow filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Exhibit 1 Grievance Form, #2 Exhibit Exhibit 2 Agreement, #3 Exhibit Exhibit 3 Email)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 62
DECLARATION of Joye Blanscett filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Exhibit 1 Grievance Form, #2 Exhibit Exhibit 2 Agreement)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 61
DECLARATION of Douglas R. Pierce filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Exhibit 1 Stromberg's Request for Admissions Part 1, #2 Exhibit Exhibit 2 Stromberg's Request for Admissions Part 2, #3 Exhibit Exhibit 3 Plaintiff's Response to Request for Admissions, #4 Exhibit Exhibit 4 Agreement, #5 Exhibit Exhibit 5 Trust Document, #6 Exhibit Exhibit 6 Agreement and Declaration of Trust, #7 Exhibit Exhibit 7 Agreement and Declaration of Trust, #8 Exhibit Exhibit 8 Agreement and Declaration of Trust, #9 Exhibit Exhibit 9 Agreement and Declaration of Trust, #10 Exhibit Exhibit 10 Agreement and Declaration of Trust, #11 Exhibit Exhibit 11 Agreement and Declaration of Trust, #12 Exhibit Exhibit 12 Email, #13 Exhibit Exhibit 13 Pension Fund Plan Document)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 60
DECLARATION of William Blank filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Email, #2 Exhibit Exhibit 2 - Settlement Agreement)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 59
STATEMENT of facts filed by Stromberg Metal Works, Inc. in support of #57 Motion for Summary Judgment. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 58
MEMORANDUM in Support of #57 MOTION for Summary Judgment filed by Stromberg Metal Works, Inc. . (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 57
MOTION for Summary Judgment by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 56
Joint Case Resolution Status Report by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 55
REPLY to Response to re #48 MOTION to Quash and/or for Protective Order filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 54
RESPONSE to Motion re #48 MOTION to Quash and/or for Protective Order Supplemental filed by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 53
RESPONSE to Motion re #48 MOTION to Quash and/or for Protective Order filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit Ex. Donald Dette Depo, #2 Exhibit Letter to Opposing Counsel, #3 Exhibit Email to Opposing Counsel, #4 Exhibit Agreed Protective Order, #5 Exhibit Agreed Protective Order)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 52
ORDER: By no later than October 14, 2020, Defendant must file a response in opposition to Plaintiffs' motion to quash. (Docket No. #48 .) The response shall not exceed 10 pages. Plaintiffs may file an optional reply within 7 days of the filing of the response, which shall not exceed 5 pages. The parties shall continue to try to reach a resolution of the motion to quash and, if a resolution is reached, notify the Court. Signed by Magistrate Judge Barbara D. Holmes on 10/9/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 51
DISCOVERY DISPUTE STATEMENT by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina.(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Discovery Hearing held on 10/5/2020. (Tape #not recorded.) (Hearing lasted :30)(jwc) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 50
ORDER: Pending before the Court is Plaintiffs' motion to quash or for a protective order prohibiting Defendant Stromberg Metal Works from deposing Plaintiffs' counsel. (Docket No. #48 .) The Court notes that the motion is deficient in multiple respects. Defendant Stromberg Metal Works shall respond to the motion to quash or for a protective order in accordance with Local Rule 7.01. In the meantime, Ms. Campbell is temporarily excused from the deposition notice previously served. Signed by Magistrate Judge Barbara D. Holmes on 9/25/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 49
MEMORANDUM in Support of #48 MOTION to Quash and/or for Protective Order filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina . (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 48
MOTION to Quash and/or for Protective Order by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Attachments: #1 Exhibit A - Notice of Deposition)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 47
AFFIDAVIT of Service for Subpoena served on Sheet Metal A.R.T. Union Local 5 on 08/06/2020, filed by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit A -Definitions and Instructions, #2 Exhibit B - Verification of Authenticity)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 46
NOTICE by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina of Intent to Serve Subpoena Duces Tecum upon GAB Labor Solution (Attachments: #1 Exhibit A - subpoena)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 45
NOTICE by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina of Intent to Serve Subpoena Duces Tecum upon Mechanical Labor Staffing (Attachments: #1 Exhibit A - subpoena)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 44
NOTICE by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina of Intent to Serve Subpoena Duces Tecum upon Aerotek (Attachments: #1 Exhibit A - subpoena)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 43
ORDER: telephonic status/case management conference was held on June 17, 2020. The deadline for completion of written discovery and fact witness depositions is EXTENDED to September 25, 2020. The deadline for the parties' filing of a joint case resolution status report confirming their substantive attempt at settlement is EXTENDED to October 2, 2020. All other case management deadlines and provisions found in prior orders and not modified herein remain in full force and effect. Signed by Magistrate Judge Barbara D. Holmes on 6/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 6/17/2020. (Tape #not recorded.) (Hearing lasted :18)(jwc) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 42
ORDER: By the Initial Case Management Order entered March 6, 2020, Docket Entry No. #30 , the Court scheduled a subsequent conference call for June 17, 2020, at 2:00 p.m. The parties are directed to use the following conference call dial-in instructions hosted by the Court. Dial-in number: 877-402-9753 Access Code: 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 6/2/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 41
REPLY MEMORANDUM in Support of #35 MOTION to Dismiss for Lack of Jurisdiction filed by Stromberg Metal Works, Inc. Reply. (Pierce, Douglas) Modified on 4/13/2020 (mg). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 40
DECLARATION of Kim Reynolds filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina re: #39 Response in Opposition to Motion,,. (Attachments: #1 Exhibit A - report, #2 Exhibit B - form 5500)(Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 39
RESPONSE in Opposition re #35 MOTION to Dismiss for Lack of Jurisdiction filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 38
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on March 20, 2020, Defendant Stromberg Metal Works, Inc. filed a motion to dismiss with supporting memorandum and declaration (Docket Nos. #35 - #37 ). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 3/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 37
DECLARATION of William Blank filed by Stromberg Metal Works, Inc. re: #36 Memorandum in Support, #35 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit A. Restatement Amendment and Continuation of Self Funded Plan Document)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 36
MEMORANDUM in Support of #35 MOTION to Dismiss for Lack of Jurisdiction filed by Stromberg Metal Works, Inc. . (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 35
MOTION to Dismiss for Lack of Jurisdiction by Stromberg Metal Works, Inc.. (Attachments: #1 Exhibit A. Plaintiff Initial Disclosures, #2 Exhibit B. Stromberg Initial Disclosures, #3 Exhibit C. Triangle Initial Disclosures)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 34
REPLY to Response to re #25 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Reply in Further Support of Defendants' Motion to Dismiss filed by Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC. (DeVries, Matthew) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 33
ORDER: The Court's prior Order referring this case to the Magistrate Judge (Doc. No. #6 ) is hereby VACATED, and this action instead is hereby referred to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Pursuant to Local Rule 16.01(g) and Fed. R. Civ. P. 26(d), discovery is not stayed absent further order of the Court. The case shall not be stayed except upon order of the District Judge. Signed by District Judge Eli J. Richardson on 3/11/2020. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 32
ORDER SETTING CASE FOR TRIAL: Bench Trial set for 4/13/2021 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 4/1/2021 at 8:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 3/25/2021; Exhibit List due by 3/25/2021; and Witness List due by 3/25/2021. All lawyers who will participate in the trial must attend the pretrial conference. Signed by District Judge Eli J. Richardson on 3/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 31
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on February 21, 2020, Defendants Triangle Servitek, LLC, Castillo and Castrejon filed a motion to dismiss with supporting memorandum (Docket Nos. #25 , #26 ). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 3/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 30
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 7/1/2020; Discovery due by 8/28/2020; and Dispositive Motions due by 10/26/2020. A subsequent case management conference call will be held telephonically on June 17, 2020, at 2:00 p.m. Signed by Magistrate Judge Barbara D. Holmes on 3/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 3/10/2020 (mg). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 29
ORDER granting #23 motion of Defendants Joel Garcia Castillo, Jazmin Castrejon, and Triangle Servitek, LLC (the "Triangle Servitek Defendants") to answer or otherwise respond to complaint. The Triangle Servitek Defendants responded to the complaint by the requested extended deadline of February 21, 2020 #25 . SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 03/05/2020. (BH) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 28
RESPONSE in Opposition re #25 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' Union Training Fund of North Carolina. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 27
ORDER denying #19 Request for Entry of Default against Defendants Triangle Servitek, LLC, Joel Garcia Castillo, and Jazmin Castrejon. Signed by Kirk L. Davies on 2/24/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 26
MEMORANDUM in Support of #25 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC . (Attachments: #1 Exhibit Ex. A-Unreported caselaw)(DeVries, Matthew) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 25
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC. (DeVries, Matthew) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference held on 2/18/2020; ORDER to enter. (Tape #digital recording.) (Hearing lasted :39)(jwc) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 24
First Amended ANSWER to #1 Complaint by Stromberg Metal Works, Inc.(Pierce, Douglas) Modified on 2/13/2020 (mg). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference held on 2/11/2020; ORDER to enter. (Tape #digital recording.) (Hearing lasted :35)(jwc) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
TN State Bar status verified as active for Matthew J. DeVries, and M. Clark Spoden. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 23
MOTION for Extension of Time to File Answer re #1 Complaint,,, Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Complaint and Joint Notice to Withdraw Plaintiffs' Motion for Default by Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC. (Attachments: #1 Exhibit Exhibit 1-Proposed Order)(DeVries, Matthew) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 22
NOTICE of Appearance by M. Clark Spoden on behalf of Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC (Spoden, M.) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 21
NOTICE of Appearance by Matthew J. DeVries on behalf of Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC (DeVries, Matthew) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 20
PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 19
MOTION for Entry of Default as to Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
TN State Bar status verified as active for Douglas Ray Pierce. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 18
ANSWER to #1 Complaint by Stromberg Metal Works, Inc. (Pierce, Douglas) Modified on 1/23/2020 (mg). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 17
SUMMONS returned executed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. Jazmin Castrejon served on 11/20/2019. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 16
SUMMONS returned executed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. Joel Garcia Castillo served on 12/19/2019. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 15
SUMMONS returned executed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. Triangle Servitek, LLC served on 12/19/2019. (Campbell, Karla) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 14
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Stromberg Metal Works, Inc.. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
TN State Bar status verified as active for Michael D. Oesterle. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 13
NOTICE of Appearance by Michael D. Oesterle on behalf of Stromberg Metal Works, Inc. (Oesterle, Michael) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 12
ORDER granting #11 Motion for Extension of Time to Answer re #1 Complaint, Stromberg Metal Works, Inc. answer due 1/22/2020. Signed by Magistrate Judge Barbara D. Holmes on 12/31/2019. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 11
MOTION for Extension of Time to File Answer Unopposed by Stromberg Metal Works, Inc.. (Attachments: #1 Attachment Proposed Order Granting Unopposed Motion to Respond to Complaint)(Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 10
NOTICE of Appearance by Douglas Ray Pierce on behalf of Stromberg Metal Works, Inc. (Pierce, Douglas) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 9
SUMMONS returned executed on behalf of Sheet Metal Workers' National Pension Fund, et via Tre Hargett, Secretary of State of Tennessee Division of Business Services Department of State against Stromberg Metal Works, Inc. et al served on 12/6/2019. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 8
ORDER: Due to a conflict in the Court's calendar, it is hereby ORDERED that the initial case management conference is RESCHEDULED to 1:30 p.m., Tuesday, February 11, 2020. Signed by Magistrate Judge Barbara D. Holmes on 12/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 7
Summons issued as to Stromberg Metal Works, Inc. (Service copies picked up at intake.) (jm) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 6
***VACATED PER ORDER #33 *** ORDER: Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b)(1)(A) and (B), this case is referred to the Magistrate Judge for entry of a scheduling order; for decision on all pretrial, non-dispositive motions; and for reports and recommendations on all dispositive motions. Signed by District Judge Eli J. Richardson on 11/4/2019. (mg) Modified on 3/11/2020 (mg). [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 5
NOTICE of Initial Case Management Conference set for 12/17/2019 at 3:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 4
Summons issued as to Joel Garcia Castillo, Jazmin Castrejon, Triangle Servitek, LLC. Service copies will be picked up by counsel. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 2
NOTICE of Business Entity Disclosure Statement filing requirement. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
TN State Bar status verified as active for R. Jan Jennings, and Karla M. Campbell. (mg) [Transferred from Tennessee Middle on 3/2/2021.]
|
|
Filing 1
COMPLAINT against Joel Garcia Castillo, Jazmin Castrejon, Stromberg Metal Works, Inc., Triangle Servitek, LLC (Filing fee $400, Receipt number 0650-3023572), filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers' International Scholarship Fund, Sheet Metal Workers' Health & Welfare Fund of North Carolina, Sheet Metal Workers' Union Training Fund of North Carolina, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry, Sheet Metal Occupational Health Institute Trust. (Attachments: #1 Civil Cover Sheet, #2 Waiver of the Service of Summons)(jw) [Transferred from Tennessee Middle on 3/2/2021.]
|
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.
- 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.
