Board of Trustees, Sheet Metal Workers' National Pension Fund et al v. Fuzion Industries, LLC
| Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust and Board of Trustees, National Energy Management Institute Committee |
| Fuzion Industries, LLC |
| 1:2023cv00348 |
| March 15, 2023 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| William E Fitzpatrick |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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Filing 11
ORDER: Plaintiffs Motion for Default Judgment Pursuant to Fed. R. Civ. P. 55(b) ("Motion") [Dkt. No. 8] is currently set for a hearing before the assigned magistrate judge on Friday, May 19, 2023. As stated in this Court's April 21, 2023 Order, the Motion will be heard by the undersigned district judge; however, due to a scheduling conflict, the hearing must be rescheduled. Accordingly, it is hereby ORDERED that the hearing on plaintiffs Motion be and is RESCHEDULED to Monday, May 22, 2023, at 9:30 before the undersigned district judge.The Clerk is directed to remove the hearing from the magistrate judge's calendar, to set the hearing on the undersigned judge's calendar, and to forward copies of this Order to counsel of record and to defendant at the following address: Fuzion Industries, LLC c/o Robert Taylor 1201 Mockingbird Lane Mt. Vemon, IN 47620. Signed by District Judge Leonie M. Brinkema on 5/4/23. (yguy)
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| Set/Reset Deadlines as to #8 MOTION for Default Judgment as to Defendant Fuzion Industries, LLC. Motion Hearing RESCHEDULED TO5/22/2023 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy) |
| Set Deadline as to #8 MOTION for Default Judgment as to Defendant Fuzion Industries, LLC. Motion Hearing set for 5/19/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (jlan) |
| Filing 10 Notice of Hearing Date set for 5/19/2023 re #8 MOTION for Default Judgment as to Defendant Fuzion Industries, LLC (Bardes, Diana) |
| Filing 9 Memorandum in Support re #8 MOTION for Default Judgment as to Defendant Fuzion Industries, LLC filed by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund. (Attachments: #1 Affidavit of Robert Geisler, #2 Affidavit of Diana M. Bardes)(Bardes, Diana) |
| Filing 8 MOTION for Default Judgment as to Defendant Fuzion Industries, LLC by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund. (Attachments: #1 Proposed Order)(Bardes, Diana) |
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Filing 7
ORDERED that promptly after obtaining the entry of default, plaintiffs file a motion for default judgment and an accompanying memorandum setting forth the factual and legal support for findings; and it is further ORDERED that plaintiffs notice a hearing before the undersigned district judge for a Friday at 10:00 am. The motion for default judgment will not be referred to the magistrate judge (see Order for further details). Signed by District Judge Leonie M. Brinkema on 4/21/2023. (nlop)
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| Filing 6 Clerk's ENTRY OF DEFAULT as to Fuzion Industries, LLC. (nlop) |
| Filing 5 Request for Entry of Default as to Defendant Fuzion Industries, LLC by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund. (Attachments: #1 Affidavit)(Bardes, Diana) |
| Filing 4 SUMMONS Returned Executed by Board of Trustees, National Energy Management Institute Committee, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, Sheet Metal Occupational Health Institute Trust Fuzion Industries, LLC served on 3/23/2023, answer due 4/13/2023 (Bardes, Diana) |
| Filing 3 Summons Issued as to Fuzion Industries, LLC, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney) (nlop) |
| Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (nlop) |
| Filing 2 Proposed Summons by Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, National Energy Management Institute Committee, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Occupational Health Institute Trust, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund. (Bardes, Diana) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8846052.), filed by Board of Trustees, National Energy Management Institute Committee, Board of Trustees, Sheet Metal Workers' National Pension Fund, Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, Sheet Metal Occupational Health Institute Trust. (Attachments: #1 Civil Cover Sheet)(Bardes, Diana) |
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| Plaintiff: Board of Trustees, Sheet Metal Workers' National Pension Fund | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, Sheet Metal Occupational Health Institute Trust | |
| Represented By: | Diana Migliaccio Bardes |
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| Plaintiff: Board of Trustees, National Energy Management Institute Committee | |
| Represented By: | Diana Migliaccio Bardes |
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| Defendant: Fuzion Industries, LLC | |
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