Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. v. Walters Building Company, LLC
Plaintiff: Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.
Defendant: Walters Building Company, LLC
Case Number: 5:2016cv02367
Filed: September 26, 2016
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Summit
Presiding Judge: Sara Lioi
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1132 E.R.I.S.A.
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2019 Filing 24 Notice of Change of Law Firm Name and Address filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Henzi, Matthew)
December 5, 2019 Filing 23 Letter addressed to Sullivan, Ward, Asher & Patton, P.C. dated 12/5/2019 regarding return of $1.00 check to garnishee (Related document #19 ). (S,AA)
December 5, 2019 Filing 22 Notice of Withdrawal of Garnishment/Keybank filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. Related document(s) #19 .(Henzi, Matthew)
December 4, 2019 Filing 21 Notice of Garnishment by Clerk to judgment debtor; a hearing, if requested, is scheduled to be held before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 12/18/2019 at 11:00 a.m. (Related documents #19 and #20 ). (Attachments: #1 Request for hearing) (S,AA)
December 4, 2019 Opinion or Order Filing 20 Order and notice of garnishment and answer of garnishee (directed to KeyBank) (Related document #19 ). Signed by Magistrate Judge George J. Limbert on 12/4/2019. (S,AA)
December 4, 2019 Set Deadlines and Hearings Motion; a hearing upon the motion (application) for garnishment, if requested, is scheduled before Magistrate Judge George J. Limbert in Courtroom 242 on 12/18/2019 at 11:00 a.m. (Related documents #19 , #20 , and #21 ). (S,AA)
November 26, 2019 Opinion or Order Order [non-document] referring case to Magistrate Judge George J. Limbert to conduct and supervise all garnishment proceedings (Related Doc. No. #19 ). Judge Sara Lioi on 11/26/2019. (D,N)
November 13, 2019 Filing 19 WITHDRAWN per Notice of Withdrawal (Doc. No. #22 )Application for Writ of Garnishment. KeyBank. Filing fee not paid, IFP. Filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Attachments: #1 Affidavit, #2 Request for Hearing, #3 Notice Garnishment, #4 Order/Notice Garnishment) (Henzi, Matthew) Modified to note withdrawn on 12/5/2019 (T,Je).
July 18, 2017 Filing 18 Judgment Entry: Judgment is awarded in favor of plaintiff and against defendant in the amount of $107,600.85 in damages, and $1,557.00 in attorney fees, and $535.00 in costs, for a total award of $109,692.85. (Related Doc. Nos. #10 , #14 , #17 ). Judge Sara Lioi on 7/18/2017. (P,J)
July 18, 2017 Filing 17 Memorandum Opinion: Judgment is granted in favor of plaintiff and against defendant in the amount of $107,600.85 in damages, and $1,557.00 in attorney fees and $535.00 in costs. (Related Doc. No. #10 ). Judge Sara Lioi on 7/18/2017. (P,J)
June 6, 2017 Filing 16 Attorney Appearance by James D. Curphey, and Elizabeth L. Moyo filed by/on behalf of Walters Building Company, LLC. (Curphey, James) Modified text to add additional attorney on 6/6/2017 (T,Je).
May 25, 2017 Filing 15 Affidavit of Counsel Regarding Fees and Costs filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. Related document(s) #14 . (Attachments: #1 Affidavit of Third Party Administrator, Benesys, Regarding Damages)(Asher, Michael) Modified text on 5/30/2017 (T,Je).
May 2, 2017 Opinion or Order Filing 14 Order: Plaintiff's motion for default judgment (Doc. No. #10 ) is granted in part and denied in part. Plaintiff's motion is granted on the issue of liability, and denied, without prejudice, on the issue of damages. If defendant does not submit evidentiary support in support of damages and attorney fees by May 29, 2017, the Court will schedule an evidentiary hearing. Judge Sara Lioi on 5/2/2017.(P,J)
April 27, 2017 Filing 13 Notice of Appearance by Matthew I. Henzi filed by/on behalf of Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. (Henzi, Matthew) Modified text on 5/2/2017 (T,Je).
February 17, 2017 Opinion or Order Order [non-document] granting motion to withdraw Matthew Henzi as attorney for plaintiff. (Related Doc #12 ). Judge Sara Lioi on 2/17/2017.(P,J)
February 14, 2017 Filing 12 Motion to withdraw Matthew Henzi as attorney filed by Plaintiff Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Attachments: #1 Proposed Order)(Henzi, Matthew) Modified on 2/14/2017 to edit text (D,TM).
February 13, 2017 Notice to Attorney Matthew I. Henzi. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #11 . (G,CA)
February 10, 2017 Filing 11 Attorney Appearance by Matthew I. Henzi filed by on behalf of Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Henzi, Matthew)
January 20, 2017 Filing 10 Motion for default judgment filed by Plaintiff Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. Related document(s) #9 . (Attachments: #1 Exhibit A: Collective Bargaining Agmt Excerpts, #2 Proposed Order)(Asher, Michael)
December 14, 2016 Filing 9 Default Entered on 12/14/2016 against defendant Walters Building Company, LLC. Geri M. Smith, Clerk. By: Jacqueline J. Porter, Deputy Clerk. (Related Doc #8 ). (P,J)
December 14, 2016 Copy of #9 Default Entry mailed on 12/14/2016 to: Walters Building Company, LLC, 4121 Bluejay Trail, Stow OH 44224. (P,J)
December 13, 2016 Filing 8 Application to Clerk for entry of default against Walters Building Co filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Asher, Michael)
November 30, 2016 Filing 7 Return of Service by personal service executed upon Walters Building Company, LLC on 10/24/16, filed on behalf of Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. Related document #1 . (Asher, Michael) Modified to add service date on 12/2/2016 (M,TL).
November 22, 2016 Filing 6 FILING ERROR - INCOMPLETE DOCUMENTS FILED - ATTORNEY TO REFILE - Return of Service by personal service executed upon Walters Building Company, LLC, filed on behalf of Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. Related document(s) #1 . (Asher, Michael) Modified to note filing error, attorney notified and NEF regenerated on 11/29/2016 (M,TL).
November 16, 2016 Filing 5 FILING ERROR - INCOMPLETE DOCUMENTS FILED - ATTORNEY WILL REFILE - Return of Service by personal service executed upon Walters Building Company, LLC on 10/24/2016, filed on behalf of Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. Related document(s) #1 . (Asher, Michael) Modified to note filing error, attorney notified and NEF regenerated on 11/21/2016 (M,TL).
September 28, 2016 Filing 4 Initial Standing Order. Judge Sara Lioi on 9/28/2016. (P,J)
September 26, 2016 Filing 3 Original Summons and Magistrate Consent Form issued for service upon Walters Building Company, LLC. (Attachments: #1 Magistrate Consent Form) (M,TL)
September 26, 2016 Filing 2 Corporate Disclosure Statement filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.. (Asher, Michael)
September 26, 2016 Filing 1 Complaint against Walters Building Company, LLC. Filing fee paid $ 400 paid, receipt number 0647-7820612, filed by Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Asher, Michael)
September 26, 2016 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. (M,TL)
September 26, 2016 Judge Sara Lioi assigned to case. (M,TL)

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Defendant: Walters Building Company, LLC
Represented By: Elizabeth L. Moyo
Represented By: James D. Curphey
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Plaintiff: Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc.
Represented By: Matthew I. Henzi
Represented By: Michael J. Asher
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