Local 310 Trustees of the Building Laborers Pension Fund, et al. v. 21st Century Concrete Construction, Inc.
Plaintiff: Trustees of the Building Laborers Local 310 Annuity Fund, Trustees of the Building Laborers Local 310 Supplemental Unemployment Benefits Fund, Trustees of the Building Laborers Local 310 Welfare Fund, Trustees of the Building Laborers Local 310 Pension Fund, Local 310 Trustees of the Building Laborers Supplemental Unemployment Benefits Fund, Local 310 Trustees of the Building Laborers Pension Fund, Local 310 Trustees of the Building Laborers Welfare Fund and Local 310 Trustees of the Building Laborers Annuity Fund
Defendant: 21st Century Concrete Construction Inc.
Petitioner: Cortland Savings And Banking Company
Receiver: Mark E. Dottore
Interested Party: Patrick Butler, Civista Bank, CIT Bank N.A., Caterpillar Financial Services Corporation and Creditors Boards of Trustees of the Ohio Laborers' Fringe Benefits Programs
Intervenor Plaintiff: Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.
Case Number: 1:2019cv00764
Filed: April 5, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: Christopher A Boyko
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1145
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Opinion or Order Order [non-document] granting Receiver's Motion to withdraw document (Related Doc #105 ). Motion for an Order to Include Property Located at 4304 Franklin Blvd is WITHDRAWN (Related Doc #103 ). Judge Christopher A. Boyko on 10/13/2020.(D, I)
October 13, 2020 Opinion or Order Filing 119 Order granting Motion for an Order to Include Property Located at 4304 Franklin Blvd., Cleveland, Ohio 44113 as receivership property (Related Doc #104 ). Judge Christopher A. Boyko on 10/13/2020.(D, I)
October 13, 2020 Opinion or Order Filing 118 Order granting Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court re 4130 & 4150 Bradley Road (Related Doc #88 ). Judge Christopher A. Boyko on 10/13/2020.(D, I)
September 23, 2020 Opinion or Order Filing 117 Order: Motion to Finalize Settlement and Supplement to the Motion to Compromise Claim with Wells Fargo Vendor Financial Services LLC (Doc. No. #82 ) and for Entry of An Order Authorizing the Receiver to Enter into Final Settlement Agreement (Doc. No. #110 ) is granted. Creditor's Motion for relief from stay is moot (Related Doc #64 ); and Creditor's Motion to enforce Settlement and Payment of Claim Related to the Sale of Its Property is moot (Related Doc #101 ). Judge Christopher A. Boyko on 9/23/2020.(D, I)
September 11, 2020 Filing 116 Notice of Proof of Filing in Newspaper of General Circulation filed by Mark E. Dottore. (Attachments: #1 Exhibit Proof of Publication)(Whitmer, Mary)
September 8, 2020 Filing 115 Proposed Order Granting Motion of Mark E. Dottore, Receiver of 21st Century Concrete Construction, Inc. for an Order Authorizing the Sale of Real Property Free and Clear of All Liens, Encumbrances, Claims and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court [Dkt. No. #88 ] - 4130 and 4150 Bradley Road, PPN #009-33-010/009-33-012 filed by Mark E. Dottore. Related document(s) #88 . (Whitmer, Mary)
September 2, 2020 Filing 114 Proposed Order Granting Motion to Include Property Located at 4304 Franklin Blvd., Cleveland, Ohio 44113 as Receivership Property filed by Mark E. Dottore. Related document(s) #104 . (Whitmer, Mary)
July 9, 2020 Filing 113 Subpoena Returned Executed; served upon Calyx and/or Records Custodian or Depository of Enterprise Trucking & Machinery Company by via email on July 9, 2020 filed on behalf of Mark E. Dottore (Whitmer, Mary)
July 9, 2020 Filing 112 Subpoena Returned Executed; served upon Calyx and/or Records Custodian or Depository of Enterprise Realty Group by via email on July 9, 2020 filed on behalf of Mark E. Dottore (Whitmer, Mary)
July 9, 2020 Filing 111 Subpoena Returned Executed; served upon Calyx and/or Records Custodian or Depository of 21st Century Concrete Construction by via email on July 9, 2020 filed on behalf of Mark E. Dottore (Whitmer, Mary)
June 23, 2020 Filing 110 Motion to Finalize Settlement and Supplement to the Receiver's Motion to Compromise Claim with Wells Fargo Vendor Financial Services LLC [Dkt. No. 82] and for Entry of Order Authorizing the Receiver to Enter into Final Settlement Agreement filed by Receiver Mark E. Dottore. Related document(s) #82 . (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Proposed Order)(Whitmer, Mary)
June 15, 2020 Filing 109 Objection to the Receiver's Motion to Sell Real Property (Franklin Blvd) filed by Civista Bank. Related document(s) #106 . (Attachments: #1 Exhibit A Civista Mortgage on Franklin, #2 Exhibit B Civista 1st Amendment to Mortgage, #3 Exhibit C Civista 2nd Amendment to Mortgage, #4 Exhibit D Civista 3rd Amendment to Mortgage) (Fugee, Patricia)
June 1, 2020 Filing 108 Notice of Service of Motion of Mark E. Dottore, Receiver for 21st Century Concrete Construction, Inc., for an Order to Include Property Located at 4304 Franklin Blvd., Cleveland, Ohio 44113 as Receivership Property with Consent of Owner and Bankruptcy Trustee AND Motion of Mark E. Dottore, Receiver of 21st Century Concrete Construction, Inc. for an Order Authorizing the Sale of Real Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition - 4304 Franklin Blvd., Cleveland, Ohio 44113 filed by Mark E. Dottore. Related document(s) #106 , #104 .(Whitmer, Mary)
May 29, 2020 Filing 107 Notice of Filing of Appraisals for 4304 Franklin Blvd., Cleveland, OH 44113 - PPN 003-25-073 filed by Mark E. Dottore. (Attachments: #1 Exhibit Comparative Market Analysis, #2 Exhibit Appraisal of $245,000, #3 Exhibit Appraisal of $240,000)(Whitmer, Mary)
May 29, 2020 Filing 106 Motion an Order Authorizing the Sale of Real Property Free and Clear of all Liens, Encumbrances, Claims and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court - 4304 Franklin Blvd., Cleveland, Ohio 44113 (PPN# 003-25-073) filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Sale and Purchase Agreement, #2 Exhibit B - Commitment for Title Insurance)(Whitmer, Mary)
May 29, 2020 Filing 105 Motion to withdraw document filed by Receiver Mark E. Dottore. Related document(s) #103 . (Whitmer, Mary)
May 29, 2020 Filing 104 Motion for an Order to Include Property Located at 4304 Franklin Blvd., Cleveland, Ohio 44113 as Receivership Property with Consent of Owner and Bankruptcy Trustee - Notice of Compromise with Bankruptcy Trustee filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Consent Emails)(Whitmer, Mary)
May 29, 2020 Filing 103 Motion an Order to Include Property Located at 4304 Franklin Blvd., Cleveland, Ohio 44113 as Receivership Property with Consent of Owner and Bankruptcy Trustee - Notice of Compromise with Bankruptcy Trustee filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Consent Emails)(Whitmer, Mary)
May 17, 2020 Opinion or Order Order: [non-document] Receiver' s Unopposed Motion (ECF #102 ) for a Fourteen Day Extension to File a Response to the Motion of Wells Fargo to Enforce Settlement is granted. Receiver shall file his Response no later than May 27, 2020. Judge Christopher A. Boyko on 5/17/2020.(D, I)
May 13, 2020 Filing 102 Motion for extension of time until 5/27/2020 to file response to #101 Motion to enforce Settlement and Payment of Claim Related to the Sale of Its Property filed by Receiver Mark E. Dottore. Related document(s) #101 . (Whitmer, Mary)
April 29, 2020 Filing 101 Motion to enforce Settlement and Payment of Claim Related to the Sale of Its Property filed by Creditor Wells Fargo Vendor Financial Services, LLC. Related document(s) #82 . (Schrader, Bruce)
April 24, 2020 Filing 100 Waiver of Appraisals and Hearing for the Receiver's Sale of Real Property (Bradley Road) filed by Cortland Savings And Banking Company. (Reardon, Timothy)
April 23, 2020 Filing 99 Waiver of Appraisals and Hearing for the Receiver's Sale of Real Property (Bradley Road) filed by Civista Bank. Related document(s) #88 , #96 . (Fugee, Patricia)
April 23, 2020 Filing 98 Waiver of Appraisals and Hearing for the Receiver's Sale of Real Property filed by All Plaintiffs. Related document(s) #88 , #96 .(Crampton, Andrew)
April 22, 2020 Opinion or Order Filing 97 Order granting Motion of the Receiver and CIT Bank, N.A., to Compromise Claims (ECF #78 ) and CIT Bank's Motion for Immediate Disbursement of Proceeds Related to the Sale of its Collateral. (ECF #93 ). The Court orders the Receiver to disburse the proceeds of the sale of the ScreedSaver to CIT Bank as it has established its priority position in the equipment. The Receiver is ordered to disburse the proceeds in the amount of $100,000 as per the terms of the settlement with CIT Bank. Judge Christopher A. Boyko on 4/22/2020.(D, I)
April 22, 2020 Opinion or Order Filing 96 Order: The parties shall submit waivers to a hearing and a third appraisal by April 27, 2020. Judge Christopher A. Boyko on 4/22/2020. (D, I)
April 3, 2020 Filing 95 Notice of Appraisals of 4130 - 4150 Bradley Road filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Lynch Appraisal, #2 Exhibit B - Sarver Appraisal, #3 Exhibit C - Affidavit of Charles Dottore)(Whitmer, Mary)
March 30, 2020 Opinion or Order Order [non-document] granting #90 Caterpillar Financial Services Corporation's Motion for immediate disbursement of proceeds related to the sale of equipment. There being no objections, the Court orders the Receiver to disburse the proceeds of the sale of Caterpillars equipment to Caterpillar as the vehicles were not assets of the Receivership estate. Judge Christopher A. Boyko on 3/30/2020.(D, I)
March 24, 2020 Opinion or Order Filing 94 Order In light of General Orders 2020-5 and 2020-5-1, the Court cancels all in-person and telephone Case Management and Status Conferences through May 1, 2020. In lieu of the CMCs and Status Conferences, the parties shall file enhanced Rule 26 Reports or Joint Status Reports as described herein. All existing deadlines on civil proceedings for discovery, amendments, mediations, special master duties and dispositive motions are extended sixty days. Judge Christopher A. Boyko on 3/24/2020.
March 17, 2020 Filing 93 Motion for Immediate disbursement of proceeds related to the sale of its collateral filed by Interested Party CIT Bank N.A. (Sander, Neil)
March 16, 2020 Filing 92 Intervenor's complaint against the Plaintiff 21st Century Concrete Construction, Inc Filed by Ohio & Vicinity Carpenters' Fringe Benefits Funds, Inc.. (Henzi, Matthew)
March 11, 2020 Filing 91 Proof of Notice of Filing in Newspaper of General Circulation filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Daily Legal News Publication)(Whitmer, Mary)
March 11, 2020 Opinion or Order Order [non-document] granting Intervening Plaintiff's Motion to intervene as a party filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. (Related Doc #66 ). Plaintiff shall file complaint by 3/17/2020. Judge Christopher A. Boyko on 3/11/2020.(D, I)
March 9, 2020 Opinion or Order Order [non-document] granting #89 Motion to withdraw the Motion of Mark E. Dottore (Related Doc #59 ). Judge Christopher A. Boyko on 3/5/2020.(D, I)
March 5, 2020 Filing 90 Motion for immediate disbursement of proceeds related to the sale of equipment filed by Interested Party Caterpillar Financial Services Corporation. (Campana, Jeremy)
March 2, 2020 Filing 89 Motion an Order to Withdraw the Motion of Mark E. Dottore, Receiver of 21st Century Concrete Construction, Inc. for an Order Authorizing the Sale of Real Property Free and Clear of All Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court [Docket No. 59] filed by Receiver Mark E. Dottore. Related document(s) #59 . (Whitmer, Mary)
March 2, 2020 Filing 88 Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Sale and Purchase Agreement)(Whitmer, Mary)
February 20, 2020 Opinion or Order Filing 87 Order granting Receiver's Motion for an Order Authorizing the Sale of Real Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court (Related Doc #80 ). Judge Christopher A. Boyko on 2/20/2020.(D, I)
February 20, 2020 Opinion or Order Filing 86 Order granting Receiver's Motion for an Order Authorizing the Receiver to Obtain a Valid Ohio Certificate of Title for any Vehicle on the Attached Vehicle List (Related Doc #84 ). Judge Christopher A. Boyko on 2/20/2020.(D, I)
February 3, 2020 Opinion or Order Filing 85 Order. The Court denies Receiver Mark Dottore's original #42 Motion to Authorize the Sale requesting approval of the original Asset Purchase Agreement (APA) but grants the #72 Supplemental Motion and approves the modified APA. See Order for details. Judge Christopher A. Boyko on 2/3/20.(S,HR)
February 3, 2020 LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 31, 2020 Filing 84 Motion for an Order Authorizing the Receiver to Obtain a Valid Ohio Certificate of Title for any Vehicle on the Attached Vehicle List filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Proposed Order)(Whitmer, Mary)
January 31, 2020 Filing 83 Objection to Motion #80 to sell real property (Enterprise Avenue) filed by Civista Bank. (Fugee, Patricia) Modified on 2/11/2020 (Y,A).
January 29, 2020 Opinion or Order Order [non-document] denying as moot #55 Receiver's Motion for turnover of assets into receivership. Motion is moot per Bankruptcy Stay at Doc. #70 . Judge Christopher A. Boyko on 1/29/2020.(D, I) Modified on 1/31/2020 (D, I).
January 29, 2020 Opinion or Order Order [non-document] granting Status Report of the Receiver Regarding the Priority of the Claims of Secured Creditors to the Assets of the Estate and Motion to Approve Report and Proposed Plan of Distribution subject to final approval hearing (Related Doc #33 ). Judge Christopher A. Boyko on 1/29/2020.(D, I)
January 29, 2020 As of January 6, 2020 Judge Christopher Boyko has taken Senior Status. Effective February 3, 2020, Judge Boyko is moving his chambers to the Howard Metzenbaum Courthouse located at 201 Superior Avenue, Cleveland, Ohio 44114. His office will be located in the East Chambers Rm 328. The Court will maintain courtroom facilities at Courtroom 15B of the Carl B. Stokes Courthouse so please consult the docket for the location of any upcoming proceedings. The phone number will remain 216 357-7151 so any telephonic conferences will not be affected by the change in location. (SL) (ADI)
January 28, 2020 Filing 82 Motion to Compromise Claim: Wells Fargo Vendor Financial Services, LLC with Notice of deadline to file objections filed by Receiver Mark E. Dottore. (Ehrman, James)
January 23, 2020 Opinion or Order Filing 81 Order: The Court GRANTS the Receiver's Motion to Compromise the Claims (ECF #43 ) regarding Caterpillar's equipment. The Court DENIES AS MOOT Caterpillar's Motion for Relief from Stay (ECF #36 ) and OVERRULES the Objections to Receiver's Motion to Compromise. Judge Christopher A. Boyko on 1/23/2020.(D, I)
January 22, 2020 Filing 80 Motion for an Order Authorizing the Sale of Real Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - P
January 21, 2020 Opinion or Order Order [non-document] terming as moot Motion for order authorizing the receiver to employ auctioneer (Related Doc #18 ). Judge Christopher A. Boyko on 1/21/2020.(D, I)
January 13, 2020 Filing 79 Opposition to #64 Motion for relief from Stay filed by Wells Fargo Vendor Financial Services, LLC filed by Mark E. Dottore. (Stefancin, Robert)
January 10, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 8, 2020 Filing 78 Motion to Compromise Claims (CIT Bank, N.A.) filed by Receiver Mark E. Dottore. (Stefancin, Robert)
December 31, 2019 Filing 77 Response to Cortland Savings and Banking Company's Limited Objection to the Receiver's Supplemental Personal Property Sale Motion filed by CIT Bank N.A. Related document(s) #73 . (Sander, Neil)
December 27, 2019 Filing 76 Response of Wells Fargo Vendor Financial Services, LLC to Cortland Savings and Banking Company's Limited Objection to the Receiver's Supplemental Personal Property Sale Motion filed by Wells Fargo Vendor Financial Services, LLC. Related document(s) #73 , #72 . (Schrader, Bruce)
December 27, 2019 Filing 75 Reply to response to #72 Supplemental Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Mark E. Dottore. (Stefancin, Robert)
December 27, 2019 Filing 74 Response to Cortland Savings and Banking Company's Limited Objection to the Receiver's Supplemental Personal Property Sale Motion filed by Caterpillar Financial Services Corporation. Related document(s) #73 , #72 . (Campana, Jeremy)
December 23, 2019 Filing 73 Response and Limited Objection to #72 Supplemental Motion filed by Cortland Savings And Banking Company. Related document(s) #72 . (Reardon, Timothy)
December 23, 2019 Opinion or Order Order [non-document] denying as moot Application of the receiver for authority to employ auctioneer (Related Doc #72 ). Judge Christopher A. Boyko on 12/23/2019.(D, I)
December 20, 2019 Filing 72 Supplemental Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Receiver Mark E. Dottore. Related document(s) #42 . (Attachments: #1 Exhibit A - Asset Purchase Agreement)(Whitmer, Mary)
December 16, 2019 Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Attorneys only status conference held 12/13/19. Receiver briefed the Court and interested parties on the status of the Receivership. Receiver to file revised APA no later than noon 12/19/19. Receiver shall circulate the revised APA to all interested parties for review. Interested parties may file any new objections to the revised APA, not already raised, no later than 12/28/2019. (Court Reporter: None.)Time: 35 minutes. (S,HR)
December 12, 2019 Filing 71 Marginal Entry Order granting Motion of the Receiver for the Entry of an Order Directing Key Bank, National Association to Turn Over Property of the Estate (Related Doc #25 ). Judge Christopher A. Boyko on 12/12/2019.(D, I)
December 12, 2019 Opinion or Order Filing 70 Order re #69 Notice of Filing Bankruptcy. Further proceedings against Patrick J. Butler are STAYED, subject to reinstatement upon written motion by Plaintiff or other parties in interest, which warrants relief from the automatic stay imposed by 362 or by injunction imposed under 11 U.S.C. 524, or which notifies the Court that the bankruptcy case is closed, dismissed or discharged. The case shall proceed as scheduled as to the remaining interested parties, Plaintiff and Defendant. Counsel for Patrick Butler need not attend the status conference set for December 13, 2019. Judge Christopher A. Boyko on 12/12/2019. (D, I)
December 10, 2019 Filing 69 Notice of Filing Bankruptcy filed by Patrick Butler. (Heimberger, Steven)
December 10, 2019 IMPORTANT: CHANGE IN TIME ONLY Notice [non-document] of Status Conference RESET for 12/13/2019 at 2:00 PM in Chambers 15B before Judge Christopher A. Boyko. (D, I)
December 9, 2019 Opinion or Order Filing 68 Order: The Court will hold an in-person status conference (attorneys and Receiver only) on December 13, 2019 at 2:30 pm. Parties shall be prepared to discuss the outstanding motions for relief from stay, Motion for an Order Authorizing the Sale of Personal Property and any other matters raised by the interested parties. Judge Christopher A. Boyko on 12/9/2019. (D, I)
November 27, 2019 Filing 67 Attorney Appearance by Jennie G. Arnold filed by on behalf of Directors of the Ohio Conference of Plasterers and Cement Masons Combined Funds, Inc.. (Arnold, Jennie)
November 26, 2019 Filing 66 Motion to intervene as a party filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. (Attachments: #1 Exhibit Proposed Complaint)(Henzi, Matthew)
November 26, 2019 Filing 65 Attorney Appearance by Matthew I. Henzi filed by on behalf of Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Henzi, Matthew)
November 12, 2019 Filing 64 Motion for relief from Stay filed by Creditor Wells Fargo Vendor Financial Services, LLC. Related document(s) #10 . (Attachments: #1 Exhibit A - Master Lease Agreement, #2 Exhibit B - Equipment Schedule, #3 Exhibit C - Financing Statement)(Schrader, Bruce)
October 30, 2019 Filing 63 Notice of Substitution of Counsel and adding attorney filed by CIT Bank N.A.. (Sander, Neil)
October 28, 2019 Opinion or Order Order [non-document]granting Motion for leave to permit withdrawal and substitution of counsel (Related Doc #61 ). Attorney Steven L. Ball withdrawn as counsel for Creditors OLFBP. Law firm of Mangano Law Offices, LPA substituted in this case. Attorneys Basil W. Mangano and Ryan K. Hymore added to the case. Judge Christopher A. Boyko on 10/28/2019.(D, I)
October 24, 2019 Filing 62 Response to Response to Motion for Turnover of assets into receivership filed by Civista Bank. Related document(s) #57 , #55 . (Fugee, Patricia) Modified text on 10/29/2019 (S,SR).
October 23, 2019 Filing 61 Motion for leave to Permit Withdrawal and Substitution of Counsel filed by Creditor Ohio Laborers Benefits. (Mangano, Basil)
October 22, 2019 Filing 60 Supplement Response to #55 Motion for Turnover of Assets into Receivership filed by Cortland Savings And Banking Company. (Reardon, Timothy)
October 21, 2019 Filing 59 Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Asset Purchase Agreement)(Stefancin, Robert)
October 21, 2019 Filing 58 Response and limited objection to #55 Motion for Turnover of Assets into Receivership filed by Patrick Butler. (Heimberger, Steven) Modified text on 10/29/2019 (S,SR).
October 21, 2019 Filing 57 Response to #55 Motion for Turnover of Assets into Receivership filed by Cortland Savings And Banking Company. (Reardon, Timothy)
October 11, 2019 Copy of #56 Order mailed to 21st Century Concrete Construction Inc., 13925 Enterprise Avenue, Cleveland, Ohio 44135. (S,HR)
October 11, 2019 Opinion or Order Filing 56 Order granting Receiver's Motion for Order (Related Doc #24 ). The Receiver is authorized to employ David C. Wagner and Hanna Commercial Real Estate as real estate brokers to assist in locating a potential buyer for the Property; assist with negotiation of the deal terms and prepare appropriate transactional documents; prepare all documents and papers that may be necessary to the administration of the Property; perform all other services for the Receiver which may be required or deemed to be in the interest of the parties and other persons interested in these proceedings and to further the ability of the Receiver to carry out his powers and duties as set forth in the Court's Order appointing the Receiver. However, any sale must be conditioned upon final approval of the Court and be subject to objection by any party with an interest in the Real Property. Also, the brokers' fees are also subject to objection by interested parties and final approval by the Court per Local Rule 66.1(C). Judge Christopher A. Boyko on 10/11/19.(S,HR)
October 7, 2019 Filing 55 Motion for Turnover of Assets into Receivership filed by Receiver Mark E. Dottore. (Stefancin, Robert)
October 7, 2019 Filing 54 Combined Response to Limited Objections to the Motion for Sale of Assets filed by Mark E. Dottore. Related document(s) #26 , #23 , #27 , #52 . (Stefancin, Robert)
October 4, 2019 Filing 53 Response to #50 Limited Objections to the Receiver's #42 Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims, and other Interests, and to #43 Compromise Claims filed by Caterpillar Financial Services Corporation. Related documents #42 , #43 , #49 , and #50 . (Campana, Jeremy)
September 27, 2019 Filing 52 Objection to #42 Motion for an Order Authorizing the Sale of Personal Property Free and Clear of all Liens, Encumbrances, Claims and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Wells Fargo Vendor Financial Services, LLC. Related document(s) #42 . (Attachments: #1 Exhibit A - Master Lease Agreement, #2 Exhibit B - Equipment Schedule, #3 Exhibit C - Financing Statement) (Schrader, Bruce)
September 27, 2019 Filing 51 Limited Objection to Receiver's #42 Motion to Sell Personal Property filed by Civista Bank. Related document #42 . (Fugee, Patricia)
September 27, 2019 Filing 50 Response and Limited Objection to the Receiver's #43 Motion to Compromise Claims with Caterpillar Financial Services Corporation filed by Cortland Savings And Banking Company. Related document(s) #43 . (Attachments: #1 Exhibit A Response and Limited Objection ) (Reardon, Timothy)
September 26, 2019 Filing 49 Response and Limited Objection to #42 Motion of Mark E. Dottore, Receiver of 21st Century Concrete Construction, Inc. for an Order Authorizing the Sale of Personal Property Free and Clear of All Liens, Encumbrances, Claims, and Other Interests and to Transfer Interests to the Proceeds of Sale Pending Further Disposition of the Court filed by Cortland Savings And Banking Company. Related document #42 . (Reardon, Timothy)
September 26, 2019 Filing 48 Limited Objection to #42 Motion for an Order Authorizing the Sale filed by CIT Bank N.A. Related document(s) #42 . (Sander, Neil)
September 25, 2019 Filing 47 Attorney Appearance by Bruce R. Schrader, II filed by on behalf of Wells Fargo Vendor Financial Services, LLC. (Schrader, Bruce)
September 24, 2019 Filing 46 Notice of Appearance and Request for Notice filed by Ohio Laborers Benefits. (Ball, Steven)
September 13, 2019 Filing 45 SEALED Document:Receiver's Report to the Court with Schedule of Stated Events filed by Mark E. Dottore. Related document(s) #44 . (Stefancin, Robert)
September 12, 2019 Opinion or Order Filing 44 Order granting Receiver's Motion to File Scheduling Order Under Seal and Extending the Time to File until 9/13/19. (Related Doc #41 ). Judge Christopher A. Boyko on 9/12/2019.(W,CM)
September 11, 2019 Filing 43 Motion for an Order to Compromise Claims filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Machinery Identified by Caterpillar, #2 Exhibit B - Order)(Stefancin, Robert)
September 11, 2019 Filing 42 Motion for an Order Authorizing the Sale of Personal Property Free and Clear of All Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of the Sale Pending Further Disposition of the Court filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Asset Purchase Agreement) (Stefancin, Robert)
September 11, 2019 Filing 41 Motion to File Scheduling Order Under Seal and Extending the Time to File the Proposed Scheduling Order until 9/13/2019 filed by Receiver Mark E. Dottore. Related document #40 . (Attachments: #1 Exhibit A - Order)(Stefancin, Robert)
September 11, 2019 Opinion or Order Filing 40 Order to Show Cause. The Court previously ordered the Receiver, parties and claimants to confer and submit to the Court, no later than August 28, 2019, a motion to file under seal and a status report to include a proposed schedule going forward and estimated time frames. The Receiver, parties and claimants are ordered to comply as ordered by noon Thursday September 12, 2019, or the Court will issue a show cause order why sanctions should not be imposed. Judge Christopher A. Boyko on 9/11/2019. (D, I)
August 22, 2019 Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Status Conference held on 8/22/2019. Receiver, parties and claimants shall confer and submit to the Court, no later than noon 8/28/2019, a motion to file under seal and a status report with proposed schedule going forward along with estimated time frames. (Court Reporter: None.) Time: 1 hour, 5 minutes. (D, I)
August 14, 2019 Filing 39 Supplement to Response - Civista Bank's Supplemental Response to Receiver's Report, filed by Civista Bank. Related document(s) #34 . (Fugee, Patricia)
August 9, 2019 Filing 38 Response to #33 Motion for order Regarding Receiver's Status Report filed by CIT Bank N.A.. (Sander, Neil)
August 9, 2019 Filing 37 Response to #33 Motion for order to Receiver's Status Report Regarding the Priority of the Claims of Secured Creditors to the Assets of the Estate and Motion to Approve Report and Proposed Plan of Liquidation filed by Cortland Savings And Banking Company. (Reardon, Timothy)
August 9, 2019 Filing 36 Motion for relief from the Stay set forth in the Receivership Order filed by Interested Party Caterpillar Financial Services Corporation. (Campana, Jeremy)
August 9, 2019 Filing 35 Response to Receivers Status Report Regarding the Priority of the Claims of Secured Creditors to the Assets of the Estate and Motion to Approve Report and Proposed Plan of Distribution filed by Caterpillar Financial Services Corporation. Related document(s) #33 . (Campana, Jeremy)
August 6, 2019 Filing 34 Response to #33 Receiver's Report filed by Civista Bank. (Fugee, Patricia)
July 30, 2019 Opinion or Order Order [non-document] granting Unopposed Motion for turnover of assets of Enterprise Machinery & Equipment Company and Enterprise Realty Group, LLC into Receivership (Related Doc #28 ). Judge Christopher A. Boyko on 7/30/2019.(D, I)
July 29, 2019 Filing 33 Status Report of the Receiver Regarding the Priority of the Claims of Secured Creditors to the Assets of the Estate and Motion to Approve Report and Proposed Plan of Distribution filed by Mark E. Dottore. (Attachments: #1 Exhibit A - The Caterpillar Equipment)Related document(s) #31 .(Ehrman, James) Modified on 7/29/2019 (S,KM).
July 12, 2019 Opinion or Order Filing 32 Order authorizing Mark E. Dottore, Receiver, to retain Whitmer & Ehrman LLC as attorneys for the Receiver, as outlined in detail herein. Judge Christopher A. Boyko on 7/12/2019. (H,CM)
July 12, 2019 Opinion or Order Filing 31 Order. Receiver's Motion to Retain Counsel (Related Doc #13 ) is granted. Status Conference set for 8/22/2019 at 02:00 PM in Chambers 15B. Judge Christopher A. Boyko on 7/12/2019.(H,CM)
July 10, 2019 Filing 30 Notice of Intent to Serve Subpoena to Produce Documents in a Civil Action filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Subpoena)(Stefancin, Robert)
July 8, 2019 Filing 29 Objection to Retention of Realtor for Civista's Collateral filed by Civista Bank. Related document(s) #24 . (Fugee, Patricia)
July 3, 2019 Filing 28 Motion for Turnover Assets of Enterprise Machinery & Equipment Company and Enterprise Realty Group, LLC into Receivership filed by Receiver Mark E. Dottore. (Stefancin, Robert)
June 28, 2019 Filing 27 Objection filed by CIT Bank N.A.. Related document(s) #18 , #13 , #7 . (Attachments: #1 Exhibit A-Master EFA Agreement, #2 Exhibit B- UCC Financing Statement) (Sander, Neil)
June 28, 2019 Filing 26 Response to Limited, Precautionary and Other Objections of Cortland Bank, Caterpillar and Civitas Bank filed by All Plaintiffs. Related document(s) #22 , #23 , #14 . (Gragel, Susan)
June 27, 2019 Filing 25 Motion for the Entry of an Order Directing Key Bank, National Association to Turn Over Property of the Estate filed by Receiver Mark E. Dottore. (Ehrman, James)
June 27, 2019 Filing 24 Motion for an Order to Employ David C. Wagner and Hanna Commercial Real Estate filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Verified Statement of David C. Wagner, #2 Exhibit B - Exclusive Right to Sell Agreement and Addendum, #3 Exhibit C - Proposed Order)(Whitmer, Mary)
June 19, 2019 Filing 23 Objection and Reservation of Rights to Receiver Motions filed by Civista Bank. Related document(s) #13 , #18 , #7 . (Attachments: #1 Exhibit A Loan Agreement, #2 Exhibit B Note, #3 Exhibit C Security Agreement, #4 Exhibit D Mortgage & Assignment of Leases & Rents) (Fugee, Patricia)
June 17, 2019 Opinion or Order Order [non-document] granting #19 Plaintiffs' Motion for extension of time until 6/28/2019 to Respond to Cortland Savings and Banking Company's Objections. Judge Christopher A. Boyko on 6/14/2019.(D, I)
June 13, 2019 Filing 22 Limited Objection and Reservation of Rights with Respect to #18 Motion for an Order Authorizing the Receiver to Employ Auctioneer, #13 Motion of the Receiver to Retain Whitmer & Ehrman LLC as Attorneys for the Receiver, #7 Emergency Motion for the Appointment of a Receiver filed by Caterpillar Financial Services Corporation. (Campana, Jeremy)
June 7, 2019 Filing 21 Attorney Appearance of Neil C. Sander filed by on behalf of CIT Bank N.A.. (Sander, Neil)
June 6, 2019 Filing 20 Response to the Application of the Receiver for Authority to Employ Auctioneer filed by Cortland Savings And Banking Company. Related document(s) #18 . (Teodosio, Christopher)
June 4, 2019 Filing 19 Motion for extension of time until 06/28/2019 to Respond to Cortland Bank Objections filed by Local 310 Trustees of the Building Laborers Annuity Fund, Local 310 Trustees of the Building Laborers Pension Fund, Local 310 Trustees of the Building Laborers Supplemental Unemployment Benefits Fund, Local 310 Trustees of the Building Laborers Welfare Fund. Related document(s) #14 . (Gragel, Susan)
May 31, 2019 Filing 18 Motion for an Order Authorizing the Receiver to Employ Auctioneer filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A. Affidavit of Peter Kiko, Sr., Auctioneer, #2 Exhibit B. Auction Sale Contract, #3 Exhibit C. Proposed Order)(Whitmer, Mary)
May 28, 2019 Filing 17 Attorney Appearance by Patricia B. Fugee filed by on behalf of Civista Bank. (Fugee, Patricia)
May 28, 2019 Filing 16 Attorney Appearance and Request For Notices and Service of Papers by Steven J. Heimberger filed by on behalf of Patrick Butler. (Heimberger, Steven)
May 24, 2019 Filing 15 Attorney Appearance and Request for Service of Pleadings by Jeremy M. Campana filed by on behalf of Caterpillar Financial Services Corporation. (Campana, Jeremy)
May 23, 2019 Filing 14 Objection to the #7 Motion for the Appointment of a Receiver and the Receiver's #13 Motion to Retain Whitmer & Ehrman as Attorneys for the Receiver filed by Cortland Savings And Banking Company. (Franklin, Bridget)
May 22, 2019 Filing 13 Motion (application) of the Receiver to Retain Whitmer & Ehrman LLC as Attorneys filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Declaration of James W. Ehrman, #2 Exhibit B - Proposed Order)(Ehrman, James)
May 22, 2019 Filing 12 Notice of Appearance and Request for Notices and Service of Papers by James W. Ehrman, Mary K. Whitmer, and Robert M. Stefancin on behalf of Mark E. Dottore. (Ehrman, James)
May 17, 2019 Financial Transaction in the amount of 100.00 received from Dottore Companies LLC. Receipt # 14660114356 Related document(s) #10 . (Y,A)
May 17, 2019 Filing 11 Oath of Receiver filed by Mark E. Dottore. Related document(s) #10 . (Ehrman, James)
May 17, 2019 Opinion or Order Filing 10 Order Appointing Receiver. Plaintiffs' Motion (Related doc #7 ) is granted and Mark E. Dottore is appointed as the Receiver, as outlined in detail herein. Judge Christopher A. Boyko on 5/17/2019.(H,CM)
May 16, 2019 Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 5/16/2019 regarding Plaintiffs' Emergency Motion to Appoint Receiver. Plaintiffs to supplement Motion to include efforts to notice Defendant of conference by end of day. (Court Reporter: None; Time: 10 min.) (H,CM)
May 16, 2019 Filing 9 Supplement to #7 Emergency Motion for the Appointment of a Receiver filed by all plaintiffs. (Attachments: #1 Exhibit A - Declaration of James Murphy)(Crampton, Andrew)
May 16, 2019 Copy of #8 Default Entered mailed to 21st Century Concrete Construction at 13925 Enterprise Avenue, Cleveland, OH 44135 on 5/16/2019. Related document(s) #8 . (H,CM)
May 16, 2019 Filing 8 Default Entered on 5/16/2019 against Defendant 21st Century Concrete Construction. Sandy Opacich, Clerk by Christine M. Huth, Deputy Clerk. Related document(s) #6 . (H,CM)
May 15, 2019 Filing 7 Emergency Motion for the Appointment of a Receiver filed by Local 310 Trustees of the Building Laborers Annuity Fund, Local 310 Trustees of the Building Laborers Pension Fund, Local 310 Trustees of the Building Laborers Supplemental Unemployment Benefits Fund, Local 310 Trustees of the Building Laborers Welfare Fund. (Attachments: #1 Exhibit A - Declaration of Edward Fox, #2 Exhibit B - Declaration of Charles Wanat, #3 Exhibit C - Declaration of Charles Dottore, #4 Exhibit D - Cortland Savings Filings, #5 Proposed Order)(Gragel, Susan)
May 15, 2019 Filing 6 Application to Clerk for entry of default against 21st Century Concrete Construction Inc. filed by All Plaintiffs. (Crampton, Andrew)
April 25, 2019 Filing 5 Return of Service by Clerk by certified mail executed upon 21st Century Concrete Construction Inc. on 4/23/2019, filed on behalf of All Plaintiffs Related document(s) #1 , #2 . (W,CM)
April 23, 2019 Filing 4 Alias Summons issued to counsel for service upon 21st Century Concrete Construction Inc. (S,HR)
April 22, 2019 Filing 3 Praecipe for issuance of Alias Summons filed by All Plaintiffs. (Attachments: #1 Summons Alias)(Crampton, Andrew)
April 8, 2019 Service by Clerk. Summons and Complaint addressed to 21st Century Concrete Construction Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 70091410000074153602. (B,R)
April 8, 2019 Filing 2 Original Summons and Magistrate Consent Form issued for service upon 21st Century Concrete Construction Inc. (Attachments: #1 Magistrate Consent Form) (Y,A)
April 5, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (Y,A)
April 5, 2019 Judge Christopher A. Boyko assigned to case, (Y,A)
April 5, 2019 Filing 1 Complaint against 21st Century Concrete Construction Inc. Filing fee paid $400, Receipt number 0647-9241179. Filed by Local 310 Trustees of the Building Laborers Supplemental Unemployment Benefits Fund, Local 310 Trustees of the Building Laborers Pension Fund, Local 310 Trustees of the Building Laborers Annuity Fund, Local 310 Trustees of the Building Laborers Welfare Fund. (Attachments: #1 Exhibit A - Local 310 Collective Bargaining Agreement, #2 Exhibit B - Assent to Collective Bargaining Agreement, #3 Exhibit C - Contribution Reports, #4 Civil Cover Sheet, #5 Summons) (Crampton, Andrew)

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Search for this case: Local 310 Trustees of the Building Laborers Pension Fund, et al. v. 21st Century Concrete Construction, Inc.
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Plaintiff: Trustees of the Building Laborers Local 310 Annuity Fund
Represented By: Andrew A. Crampton
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Plaintiff: Trustees of the Building Laborers Local 310 Supplemental Unemployment Benefits Fund
Represented By: Andrew A. Crampton
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Plaintiff: Trustees of the Building Laborers Local 310 Welfare Fund
Represented By: Andrew A. Crampton
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Plaintiff: Trustees of the Building Laborers Local 310 Pension Fund
Represented By: Andrew A. Crampton
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Plaintiff: Local 310 Trustees of the Building Laborers Supplemental Unemployment Benefits Fund
Represented By: Andrew A. Crampton
Represented By: Susan L. Gragel
Represented By: Jennie G. Arnold
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Plaintiff: Local 310 Trustees of the Building Laborers Pension Fund
Represented By: Andrew A. Crampton
Represented By: Susan L. Gragel
Represented By: Jennie G. Arnold
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Plaintiff: Local 310 Trustees of the Building Laborers Welfare Fund
Represented By: Andrew A. Crampton
Represented By: Susan L. Gragel
Represented By: Jennie G. Arnold
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Plaintiff: Local 310 Trustees of the Building Laborers Annuity Fund
Represented By: Andrew A. Crampton
Represented By: Susan L. Gragel
Represented By: Jennie G. Arnold
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Defendant: 21st Century Concrete Construction Inc.
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Receiver: Mark E. Dottore
Represented By: Robert M. Stefancin
Represented By: Mary K. Whitmer
Represented By: James W. Ehrman
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Interested party: Patrick Butler
Represented By: Steven J. Heimberger
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Interested party: Civista Bank
Represented By: Patricia B. Fugee
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Interested party: CIT Bank N.A.
Represented By: Neil C. Sander
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Interested party: Caterpillar Financial Services Corporation
Represented By: Jeremy M. Campana
Represented By: Scott E. Prince
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Interested party: Creditors Boards of Trustees of the Ohio Laborers' Fringe Benefits Programs
Represented By: Steven L. Ball
Represented By: Basil W. Mangano
Represented By: Ryan K. Hymore
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Petitioner: Cortland Savings And Banking Company
Represented By: Bridget A. Franklin
Represented By: Christopher T. Teodosio
Represented By: Timothy M. Reardon
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Intervenor plaintiff: Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.
Represented By: Matthew I. Henzi
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