Swanson et al v. Ironworkers Local 549
Plaintiff: Bengy Swanson and Patrick Sean Currey
Defendant: Ironworkers Local 549
Case Number: 5:2022cv00103
Filed: April 21, 2022
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2022 Filing 18 CLERK'S REMAND LETTER to Ohio County Circuit Clerk re #17 Order. (certified Order and docket sheet sent) (lmm)
June 16, 2022 Opinion or Order Filing 17 ORDER GRANTING PLAINTIFFS' #8 MOTION TO REMAND. This Court will GRANT Plaintiffs' Memorandum in Support of Plaintiffs' #9 Motion to Remand to Circuit Court. The pending #4 Motion to Dismiss for Failure to State a Claim is DENIED AS MOOT. Signed by District Judge John Preston Bailey on 6/16/22. (lmm)
June 16, 2022 Filing 16 CERTIFICATE OF SERVICE by Ironworkers Local 549 Defendant's Initial Disclosures. (Cogan, Timothy)
June 10, 2022 Filing 15 REPLY to Response to Motion re #8 MOTION to Remand and Memorandum In Support of Plaintiffs' Motion to Remand to Circuit Court filed by Patrick Sean Currey, Bengy Swanson. (Miller, Joshua)
June 3, 2022 Filing 14 REPLY to Response to Motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum in Support filed by Ironworkers Local 549. (Cogan, Timothy)
June 3, 2022 Filing 13 RESPONSE in Opposition re #8 MOTION to Remand and Memorandum In Support of Plaintiffs' Motion to Remand to Circuit Court filed by Ironworkers Local 549. (Cogan, Timothy)
June 1, 2022 Opinion or Order Filing 12 SCHEDULING ORDER: Joinder& Amendments due by 6/1/2022; Discovery due by 11/1/2022; Motions due by 12/15/2022; Responses due by 1/15/2023; Replies due by 1/22/2023; Joint Pretrial Order due by 3/20/2023; Final Pretrial Conference set for 4/17/2023 04:00 PM in Wheeling, WV; Jury Selection/Jury Trial set for 4/25/2023 09:00 AM in Wheeling, WV. Signed by District Judge John Preston Bailey on 6/1/2022. (nmm)
May 31, 2022 Filing 11 REPORT of Rule 26(f) Planning Meeting. (Cogan, Timothy)
May 27, 2022 Filing 10 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum in Support filed by Patrick Sean Currey, Bengy Swanson. (Miller, Joshua)
May 23, 2022 Filing 9 MOTION to Amend/Correct #8 MOTION to Remand and Memorandum In Support of Plaintiffs' Motion to Remand to Circuit Court by Patrick Sean Currey, Bengy Swanson. (Miller, Joshua)
May 20, 2022 Filing 8 MOTION to Remand and Memorandum In Support of Plaintiffs' Motion to Remand to Circuit Court by Patrick Sean Currey, Bengy Swanson. (Miller, Joshua)
May 4, 2022 Opinion or Order Filing 7 PROPOSED ORDER GRANTING PLAINTIFFS' #6 MOTION TO EXTEND TIME PURSUANT TO FED. R. CIV. P. (6)(b)(1)(A) FOR FILING RESPONSE TO DEFENDANT'S #4 MOTION TO DISMISS. Response due by 5/27/2022. Signed by District Judge John Preston Bailey on 5/4/22. (lmm)
May 4, 2022 Filing 6 MOTION for Extension of Time to File Response/Reply Defendants' Motion to Dismiss by Patrick Sean Currey, Bengy Swanson. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Extend Time Pursuant to Fed. R. Civ. P. (6)(b)(1)(A) for Filing Response to Defendant's Motion to Dismiss)(Miller, Joshua)
April 25, 2022 Filing 5 Filing fee: $ 402.00, receipt number WVNW002958 (nmm)
April 22, 2022 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum in Support by Ironworkers Local 549. (Cogan, Timothy)
April 21, 2022 Opinion or Order Filing 3 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 5/19/2022; Rule 26 Meeting Report due by 6/2/2022; Discovery due by 6/16/2022. Signed by District Judge John Preston Bailey on 4/21/2022. (nmm)
April 21, 2022 Filing 2 VERIFICATION OF ATTORNEY ADMISSION to Attorney Michael A. Kuhn (nmm)
April 21, 2022 Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Ohio County, West Virginia, (case number CC-35-2022-C-54), filed by Ironworkers Local 549. No Fee included; check will be submitted to Clerk's office. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - The Constitution, #3 Exhibit C - By Laws of of Local Union No. 549 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, #4 Civil Cover Sheet)(nmm)

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Plaintiff: Bengy Swanson
Represented By: Joshua D. Miller
Represented By: Michael A. Kuhn
Represented By: Teresa C. Toriseva
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Plaintiff: Patrick Sean Currey
Represented By: Joshua D. Miller
Represented By: Michael A. Kuhn
Represented By: Teresa C. Toriseva
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Defendant: Ironworkers Local 549
Represented By: Timothy F. Cogan
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