United Food & Commercial Workers International et al v. EC Management Services of Georgia, Inc. et al
| United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner and Anthony M. Perrone |
| George Otey, John Doe, Earl Mason and EC Management Services of Georgia, Inc. |
| 3:2019cv00247 |
| April 9, 2019 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 37 Memorandum in Support re #36 MOTION to Dismiss for Failure to State a Claim filed by EC Management Services of Georgia, Inc., Earl Mason, George Otey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Treece, Joshua) |
| Filing 36 MOTION to Dismiss for Failure to State a Claim by EC Management Services of Georgia, Inc., Earl Mason, George Otey. (Treece, Joshua) |
| Filing 35 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-03425. Original file and docket sheet received. |
| Filing 34 TRANSFERRED to the Eastern District of Virginia, Richmond Division the electronic record. (ph, ) [Transferred from Illinois Northern on 4/9/2019.] |
| ***Civil Case Terminated. (ph, ) [Transferred from Illinois Northern on 4/9/2019.] |
Filing 33
ORDER: The Court grants the Defendants' motion to transfer venue. The motion to dismiss is denied without prejudice. It is so ordered. Signed by the Honorable Charles P. Kocoras on 3/26/2019. Mailed notice(vcf, )[Transferred from Illinois Northern on 4/9/2019.]
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| Filing 32 MINUTE entry before the Honorable Charles P. Kocoras: The Court grants the Defendants' motion to transfer venue. The Clerk is directed to transfer this case to the Eastern District of Virginia, Richmond Division. The motion to dismiss is denied without prejudice. It is so ordered. Mailed notice (vcf, ) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 31 ATTORNEY Appearance for Plaintiffs Anthony M. Perrone, United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner by Malinda J. Eskra (Eskra, Malinda) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 30 WITHDRAWING Sargent A. Sargent as counsel for Plaintiffs Anthony M. Perrone, United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner and substituting Sarah Sargent as counsel of record (Sargent, Sarah)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 29 ATTORNEY Appearance for Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey by Christopher J. Esbrook , local counsel. (Esbrook, Christopher) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 28 REPLY by Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey to motion to transfer case #15 , response to motion, #25 (Attachments: # 1 Exhibit 1-Second Declaration of George Otey)(Rottenborn, John)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 27 DECLARATION of Mark Mead regarding response to motion, #25 (Attachments: #1 Exhibit Exhibit 1)(Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 26 DECLARATION of Benjamin Suesskind regarding response to motion, #25 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 25 RESPONSE by Anthony M. Perrone, United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner to MOTION by Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey to transfer case #15 (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 24 REPLY by EC Management Services of Georgia, Inc., Earl Mason, George Otey to response to motion, #22 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey and FOR LACK OF JURISDICTION and IMPROPER VENUE #10 (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 23 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Parties appeared by phone. Defendants' alternative motion to transfer venue #15 is entered and briefed as follows: Response is due by 8/7/2018; Reply is due by 8/16/2018. Court will rule by mail. Plaintiffs' motion for leave to file brief in excess of page limit #20 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 22 RESPONSE by Anthony M. Perrone, United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey and FOR LACK OF JURISDICTION and IMPROPER VENUE #10 (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 21 Plaintiffs' NOTICE of Motion by Sarah Sargent for presentment of motion for leave to file excess pages #20 before Honorable Charles P. Kocoras on 7/12/2018 at 09:30 AM. (Sargent, Sarah)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 20 MOTION by Plaintiffs Anthony M. Perrone, United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner for leave to file excess pages (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 19 AMENDED NOTICE of Motion by John Benjamin Rottenborn for presentment of motion to transfer case #15 before Honorable Charles P. Kocoras on 7/12/2018 at 09:30 AM. (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 18 Letter by Anthony M. Perrone, United Food & Commercial Workers International Union-Industry Pension Fund, John A. Wagner (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 17 NOTICE of Motion by John Benjamin Rottenborn for presentment of motion to transfer case #15 before Honorable Charles P. Kocoras on 7/3/2018 at 09:30 AM. (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 16 MEMORANDUM by EC Management Services of Georgia, Inc., Earl Mason, George Otey in support of motion to transfer case #15 (Attachments: #1 Exhibit A, #2 Exhibit B) (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 15 MOTION by Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey to transfer case (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 14 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Defendants' motion to dismiss #10 is entered and briefed as follows: Response is due by 7/9/2018; Reply is due by 7/23/2018. Court will rule by mail. Status hearing set for 7/17/2018 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 4/9/2019.]). |
| Filing 13 ATTORNEY Appearance for Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey by John Benjamin Rottenborn (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 12 NOTICE of Motion by John Benjamin Rottenborn for presentment of Motion to Dismiss for Failure to State a Claim, #10 before Honorable Charles P. Kocoras on 6/21/2018 at 09:30 AM. (Rottenborn, John)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 11 MEMORANDUM by EC Management Services of Georgia, Inc., Earl Mason, George Otey in support of Motion to Dismiss for Failure to State a Claim, #10 #1 exhibit 1, #2 exhibit 2, #3 exhibit 3) (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey and FOR LACK OF JURISDICTION and IMPROPER VENUE #1 Negative Notification as to Affiliates) (Rottenborn, John) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 9 MINUTE entry before the Honorable Charles P. Kocoras: Status hearing set for 7/17/2018 at 9:30 AM. At the initial hearing, parties to report on the following: 1. Possibility of settlement. 2. If no possibility of settlement exists, the nature and length of discovery necessary to prepare the case for resolution. Lead counsel for each party is required to attend the initial hearing. Failure to appear at any scheduled court hearing may result in the dismissal of claims for want of prosecution. Pursuant to Local Rule 5.3(a)(1), service of motions and notice of motions must be accomplished no later than 4:00 p.m. of the third business day preceding the date of presentment. This includes delivering a hard copy of the motion and notice of motion to Courtroom Deputy, Vettina Franklin at room 1744B no later than 4:00 p.m. the day of filing. Failure to comply may result in the striking of the matter from the Court's motion call. The Court requires hard copies of all documents be submitted to Courtroom Deputy, Vettina Franklin at room 1744B the same day of filing. Failure to comply may result in the striking of the document from the record. The Court directs counsel's attention to its Motion Schedule and Case Management Procedures located at www.ilnd.uscourts.gov. Plaintiff is directed to advise all other parties of the Court's action herein. Mailed notice (vcf, ) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 8 SUMMONS Returned Executed by United Food & Commercial Workers International Union-Industry Pension Fund, Anthony M. Perrone, John A. Wagner as to George Otey on 5/24/2018, answer due 6/14/2018. (Sargent, Sarah)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 7 SUMMONS Returned Executed by United Food & Commercial Workers International Union-Industry Pension Fund, Anthony M. Perrone, John A. Wagner as to EC Management Services of Georgia, Inc. on 5/22/2018, answer due 6/12/2018. (Sargent, Sarah)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 6 SUMMONS Returned Executed by United Food & Commercial Workers International Union-Industry Pension Fund, Anthony M. Perrone, John A. Wagner as to Earl Mason on 5/24/2018, answer due 6/14/2018. (Sargent, Sarah)[Transferred from Illinois Northern on 4/9/2019.] |
| Filing 5 SUMMONS Returned Executed by United Food & Commercial Workers International Union-Industry Pension Fund, Anthony M. Perrone, John A. Wagner as to Earl Mason on 5/24/2018, answer due 6/14/2018. (Duplicate of entry #6 ) (Sargent, Sarah) Docket Text Modified by Clerk's Office on 6/5/2018 (ph, ). [Transferred from Illinois Northern on 4/9/2019.] |
| SUMMONS Issued as to Defendants EC Management Services of Georgia, Inc., Earl Mason, George Otey (rc, ) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 4 ATTORNEY Appearance for Plaintiffs Anthony M. Perrone, UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION-INDUSTRY PEN FD, John A. Wagner by David G. Hanson (Hanson, David) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 3 ATTORNEY Appearance for Plaintiffs Anthony M. Perrone, UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION-INDUSTRY PEN FD, John A. Wagner by Sarah Sargent (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 2 CIVIL Cover Sheet (Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| Filing 1 COMPLAINT filed by UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION-INDUSTRY PEN FD, Anthony M. Perrone, John A. Wagner; Filing fee $ 400, receipt number 0752-14469138.(Sargent, Sarah) [Transferred from Illinois Northern on 4/9/2019.] |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (ags, ) [Transferred from Illinois Northern on 4/9/2019.] |
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