Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan, et al. v. Ruggery Steel, LLC, et al.
| Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Pension Plan, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local No. 207 Ironworkers Voluntary Employee Benefits Association and Mahoning & Trumbull County Building Trades Insurance Fund |
| Ruggery Steel, LLC and Victor M Ruggery |
| 4:2016cv01387 |
| June 8, 2016 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| John R Adams |
| George J Limbert |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Defendant |
Docket Report
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This docket was last retrieved on August 14, 2017. A more recent docket listing may be available from PACER.
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Filing 34
Certificate of Judgment for Registration for in Another District for #30 Order granting attorney fees and costs in the total amount of $11,557.36, and ordering Defendants to pay Plaintiffs $11,055.00 in attorney fees and $502.36 in costs related to the instant case. (Attachments: #1 Order dated 5/22/2017) (S,L)
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Financial Transaction in the amount of $11 received from Macala & Piatt LLC. Receipt # 44660004372 Related document(s) #32 , #34 . (S,L)
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Filing 33
Certificate of Judgment for Registration in Another District for #29 Judgment issued 4/28/2017 against Defendants Ruggery Steel, LLC and Victor M. Ruggery, jointly and severally, in the amount of $29,618.89 in unpaid fringe benefits contributions, $2,058.17 in delinquent wage deductions, $6,618.66 in liquidated damages, and reasonable attorney fees and costs. (Attachments: #1 Judgment Entry Issued 4-28-2017) (S,L)
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Filing 32
Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-8265823 filed by All Plaintiffs. (Attachments: #1 Certificate of Judgment for Registration in Another District (Delinquency Judgment 4-28-17), #2 Certificate of Judgment for Registration in Another District (Atty Fee Award 05-22-17))(Piatt, Timothy)
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Filing 31
Order: Plaintiffs' motion for attorney fees and costs is granted in the amount of $11,557.36; defendants are ordered to pay plaintiffs $11,055.00 in attorney fees and $502.36 in costs related to the instant case (Related document #30 ). Signed by Magistrate Judge George J. Limbert on 5/22/17.(S,AA)
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Filing 30
Motion for attorney fees by Timothy Paul Piatt filed by Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Pension Plan, Local No. 207 Ironworkers Voluntary Employee Benefits Association, Mahoning & Trumbull County Building Trades Insurance Fund. Related document(s) #28 . (Attachments: #1 Affidavit of Attorney Timothy P. Piatt, #2 Exhibit A to Affidavit - Invoices)(Piatt, Timothy)
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Filing 29
Judgment Entry: For the reasons set forth in the memorandum opinion and order filed contemporaneously herein, the motion for summary judgment filed by plaintiffs Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 207 Annuity Plan, Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 207 Pension Plan, the Ironworkers No. 207 Voluntary Employee Benefits Association, and the Mahoning & Trumbull County Building Trades Insurance Fund is granted; judgment is entered in favor of plaintiffs and against defendants Ruggery Steel, LLC and Victor M. Ruggery, jointly and severally, in the amount of $29,618.89 in unpaid fringe benefits contributions, $2,058.17 in delinquent wage deductions, $6,618.66 in liquidated damages, and reasonable attorney fees and costs (Related document #28 ). Signed by Magistrate Judge George J. Limbert on 4/28/17. (S,AA)
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Filing 28
Memorandum Opinion and Order: Based upon plaintiffs' motion for summary judgment, the relevant law, defendants' admissions and deemed admissions, and defendants' failure to meet its reciprocal burden on summary judgment, plaintiffs' motion for summary judgment is granted (Related document #25 ); therefore, judgment is entered in favor of plaintiffs and against defendants jointly and severally, as follows: $29,618.89 in unpaid fringe benefit contributions for the work month of October 2015; $2,058.17 in employee deductions; $6,618.66 in liquidated damages; and reasonable attorney fees and costs; plaintiffs shall submit an itemized attorney fee bill and costs for the Court to determine the reasonableness no later than 5/5/17. Signed by Magistrate Judge George J. Limbert on 4/28/17. (S,AA)
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Filing 27
Notice: The telephonic status conference, which was scheduled to be held before Magistrate Judge George J. Limbert on 5/9/17 at 10:00 a.m., is cancelled. (S,AA)
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Filing 26
Notice of Hearing: A telephonic status conference is scheduled before Magistrate Judge George J. Limbert on 5/9/17 at 10:00 a.m.; the Court shall set up the conference call to counsel. (S,AA)
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Filing 25
Motion for summary judgment against all Defendants filed by Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Pension Plan, Local No. 207 Ironworkers Voluntary Employee Benefits Association, Mahoning & Trumbull County Building Trades Insurance Fund. (Attachments: #1 Exhibit A (Collective Bargaining Agreement), #2 Exhibit B (Ruggery Signature Page), #3 Exhibit C (Ruggery LLC Response to Plaintiffs' Requests for Admissions), #4 Exhibit D (Requests for Admissions Served on Victor Ruggery), #5 Jasar Recycling, Inc. vs. Major Max Mgmt, #6 Staats v. United States)(Piatt, Timothy)
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Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; status conference held on 12/14/16; Timothy P. Piatt was present as counsel for plaintiffs, together with plaintiffs' representatives, Patricia J. Raffety and Richard R. Ellis; Richard Lolli was present on behalf of Matthew S. Casto as counsel for defendants; discussion held regarding possible settlement of case; case did not settle; all scheduled dates to remain the same; (Court Reporter: None);Time: 1 hour. (S,AA)
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Filing 24
Notice of Service of Discovery filed by All Plaintiffs. (Piatt, Timothy)
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Filing 23
IMPORTANT: Notice of Hearing: Due to a conflict in the Court's calendar, the status conference is rescheduled and shall be held before Magistrate Judge George J. Limbert in Room 229 in Youngstown, Ohio on 12/14/16 at 10:00 a.m. (S,AA)
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Filing 22
Trial Order with scheduling dates and deadlines to be complied with; final pretrial scheduled for 8/14/17 at 9:00 a.m.; jury trial scheduled for 9/25/17 at 8:00 a.m. Signed by Magistrate Judge George J. Limbert on 10/13/16. (S,AA)
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Filing 21
Case Management Conference Order: Case is assigned to the standard track; this case is not suitable for reference to an Alternative Dispute Resolution program at this time; all parties previously consented to the jurisdiction of a U.S. Magistrate Judge; discovery shall be completed on or before 1/31/17; the parties agreed to follow the default standard for discovery of electronically-stored information; new parties shall be joined and pleadings shall be amended on or before 11/18/16; dispositive motions shall be filed on or before 2/28/17; a status conference is scheduled for 12/15/16 at 11:00 a.m. in Room 229 in Youngstown, Ohio; the parties shall submit position papers to the Court and opposing counsel one week in advance; a final pretrial is scheduled for 8/14/17 at 9:00 a.m.; a jury trial is scheduled for 9/25/17 at 8:00 a.m. Signed by Magistrate Judge George J. Limbert on 10/13/16. (S,AA)
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Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic case management conference held on 10/12/16; Timothy P. Piatt participated as counsel for plaintiffs, together with plaintiffs' representatives, Rick Ellis and Pat Rafferty; Matthew S. Casto participated as counsel for defendants, together with defendant, Victor M. Ruggery; case is assigned to the standard track; (Court Reporter: None);Time: 15 minutes. (S,AA)
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Filing 20
Notice of Hearing: The case management conference is scheduled before Magistrate Judge George J. Limbert in Room 229 in Youngstown, Ohio on 10/12/16 at 1:30 p.m. (S,AA)
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Order [non-document]: granting the parties' joint motion for counsel and the parties to appear at the case management conference via telephone (Related Doc #15 ); plaintiffs' counsel shall be responsible for setting up the conference call. Approved by Magistrate Judge George J. Limbert on 10/5/16.(S,AA)
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Filing 19
Consent of the parties to this case being transferred to the docket of Magistrate Judge George J. Limbert for further proceedings. Judge John R. Adams on 10/4/16. (K,C)
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Filing 18
Marginal Entry Order denying as moot, Plaintiffs' Motion for default judgment (Related Doc #8 ). Judge John R. Adams on 10/3/16.(K,C)
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Filing 17
Notice of Service of Initial Disclosures filed by All Defendants. (Casto, Matthew) Modified on 9/30/2016 (S,HR).
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Filing 16
Report of Parties' Planning Meeting. The parties do consent to this case being assigned to the magistrate judge, filed by all plaintiffs. (Piatt, Timothy) Modified on 9/30/2016 (S,HR).
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Filing 15
Joint Motion to attend Case Management Conference by telephone filed by Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Pension Plan, Local No. 207 Ironworkers Voluntary Employee Benefits Association, Mahoning & Trumbull County Building Trades Insurance Fund. (Attachments: #1 Proposed Order)(Piatt, Timothy)
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Filing 14
Notice of Service of Plaintiffs' Initial Disclosures filed by All Plaintiffs. (Piatt, Timothy)
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Filing 13
Consent to Exercise of Jurisdiction by Magistrate Judge filed by all plaintiffs. (Piatt, Timothy) Modified on 9/28/2016 (S,HR).
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Filing 12
Case Management Conference Scheduling Order with case management conference to be held on 10/12/2016 at 01:30 PM in Courtroom 575 before Judge John R. Adams. Lead counsel and party representatives to attend. Judge John R. Adams on 09/01/2016. (Attachments: #1 Report of Parties, #2 Rule 30.1, #3 Consent to the Magistrate Judge, #4 Budget, #5 Policies & Procedures Manual)(M,TL)
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Filing 11
Corporate Disclosure Statement filed by Victor M Ruggery, Ruggery Steel, LLC. (Casto, Matthew)
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Filing 10
Answer to #1 Complaint with jury demand filed by Victor M. Ruggery and Ruggery Steel, LLC. (Casto, Matthew) Modified text on 8/30/2016 (S,HR).
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Notice by Clerk that Ruggery Steel, LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR)
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Filing 9
Application (request)to Clerk for entry of default against Defendants Ruggery Steel, LLC and Victor M. Ruggery, jointly & severally filed by all plaintiffs. (Piatt, Timothy) Modified text on 8/30/2016 (S,HR).
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Filing 8
Motion for default judgment against Defendants Ruggery Steel, LLC and Victor M. Ruggery, jointly & severally filed by Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan, Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Pension Plan, Local No. 207 Ironworkers Voluntary Employee Benefits Association, Mahoning & Trumbull County Building Trades Insurance Fund. (Attachments: #1 Exhibit A (Affidavit of Attorney Fees), #2 Proposed Entry of Default, #3 Affidavit for Entry of Default, #4 Affidavit of Non-Military Service)(Piatt, Timothy)
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Filing 7
Service by Clerk. Summons and Complaint addressed to Victor M Ruggery placed in U.S. Mail. Type of service: Ordinary mail. (H,SN)
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Filing 6
Service by Clerk. Summons and Complaint addressed to Ruggery Steel, LLC placed in U.S. Mail. Type of service: Ordinary mail. (H,SN)
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Filing 5
Request to Clerk for service upon Victor M Ruggery, Ruggery Steel, LLC by ordinary mail filed by All Plaintiffs. (Attachments: #1 Certificate of Mailing)(Piatt, Timothy) Modified on 7/26/2016 (S,HR).
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Filing 4
Return of Service by Clerk unexecuted upon Victor M. Ruggery marked unclaimed. Service attempted by Certified Mail by Clerk on 6/16/2016, 6/23/2016 and 7/5/2016 filed on behalf of Victor M Ruggery Re #2 . (S,L) Modified to add link on 7/14/2016 (S,HR).
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Filing 3
Return of Service by Clerk unexecuted upon Ruggery Steel, LLC. Service attempted by certified mail on 6/16/2016 and 6/23/2016 marked "Unclaimed." Filed on behalf of all plaintiffs. Related Doc. #2 . (E,CK) Modified text and added link on 7/12/2016 (S,HR).
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Service by Clerk. Summons and Complaint addressed to Victor M Ruggery, Ruggery Steel, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7015 3010 0000 5336 8538 and 7015 3010 0000 5336 8545. (S,L)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon Defendants Victor M Ruggery and Ruggery Steel, LLC. (Attachments: #1 Magistrate Consent Form) (H,SN)
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Filing 1
Complaint against Victor M Ruggery, Ruggery Steel, LLC. Filing fee paid $ 400, Receipt number 0647-7658232. Filed by Ironworkers Local No. 207 Voluntary Employee Benefits Association, Bridge, Structural, Ornamental, and Reinforcing Ironworkers Local No. 207 Annuity Plan, Bridge, Structural, Ornamental, and Reinforcing Ironworkers Local No. 207, Bridge, Structural, Ornamental, and Reinforcing Ironworkers Local No. 207 Pension Plan, Mahoning & Trumbull County Building Trades Insurance Fund. (Attachments: #1 Exhibit A (Collective Bargaining Agreement Signature Page), #2 Civil Cover Sheet, #3 Summons (Ruggery Personally), #4 Summons (Ruggery Steel)) (Piatt, Timothy)
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Judge John R. Adams assigned to case. (H,SN)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (H,SN)
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| Plaintiff: Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Annuity Plan | |
| Represented By: | Timothy Paul Piatt |
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| Plaintiff: Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers Pension Plan | |
| Represented By: | Timothy Paul Piatt |
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| Plaintiff: Local No. 207 Bridge, Structural, Ornamental and Reinforcing Ironworkers | |
| Represented By: | Timothy Paul Piatt |
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| Plaintiff: Local No. 207 Ironworkers Voluntary Employee Benefits Association | |
| Represented By: | Timothy Paul Piatt |
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| Plaintiff: Mahoning & Trumbull County Building Trades Insurance Fund | |
| Represented By: | Timothy Paul Piatt |
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| Defendant: Ruggery Steel, LLC | |
| Represented By: | Matthew S. Casto |
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| Defendant: Victor M Ruggery | |
| Represented By: | Matthew S. Casto |
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