Operating Engineers Local 139 Health Benefit Fund et al v. KMS Excavating LLC
| Operating Engineers Local 139 Health Benefit Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Defined Contribution Annuity Fund, Terrance E McGowan, Joseph Shelton and International Union of Operating Engineers Local 139 |
| KMS Excavating, LLC and KMS Excavating LLC |
| 2:2023cv00373 |
| March 22, 2023 |
| US District Court for the Eastern District of Wisconsin |
| William E Duffin |
| Pamela Pepper |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Fun |
| None |
Docket Report
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| Document Text |
|---|
| Filing 17 CERTIFICATE OF SERVICE by All Plaintiffs (Buchko, Cynthia) |
| Filing 16 DECLARATION of Shaun McHugh (Attachments: #1 Exhibit A - Area II Master Agreement 2018-2020, #2 Exhibit B - Area II Master Agreement 2020-2023, #3 Exhibit C - Private Residential Memorandum of Understanding, #4 Exhibit D - Memorandum of Understanding)(Buchko, Cynthia) |
| Filing 15 AFFIDAVIT of Rita Becker . (Attachments: #1 Exhibit 1 - Excerpts of Health Fund Trust Agreement, #2 Exhibit 2 - Collection Policy, #3 Exhibit 3 - Excerpts of Skill Fund's Trust Agreement, #4 Exhibit 4 - Excerpts of JLM Fund's Trust Agreement, #5 Exhibit 5 - Excerpts of Annuity Fund's Trust Agreement, #6 Exhibit 6 - Excerpts of Pension Fund's Trust Agreement, #7 Exhibit 7 - Audit Letter 2018-2020, #8 Exhibit 8 - Audit Letter 2020-2022, #9 Exhibit 9 - Spreadsheet)(Buchko, Cynthia) |
| Filing 14 AFFIDAVIT of Laura Finnegan . (Buchko, Cynthia) |
| Filing 13 AFFIDAVIT of Cynthia Buchko . (Buchko, Cynthia) |
| Filing 12 STATEMENT by All Plaintiffs of Itemization of Damages. (Buchko, Cynthia) |
| Filing 11 CERTIFICATE by All Plaintiffs of Counsel (Buchko, Cynthia) |
| Filing 10 MOTION for Judgment by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Buchko, Cynthia) |
| Filing 9 NOTICE by All Plaintiffs of Motion for Entry of Judgment (Buchko, Cynthia) |
| Clerk's ENTRY OF DEFAULT as to KMS Excavating LLC. (edr) |
| Filing 8 CERTIFICATE OF SERVICE by All Plaintiffs (Buchko, Cynthia) |
| Filing 7 AFFIDAVIT of Cynthia Buchko in Support of Motion REQUEST for Entry of Default. (Buchko, Cynthia) Modified on 5/5/2023 (edr). |
| Filing 6 MOTION REQUEST for Entry of Default by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Buchko, Cynthia) Modified on 5/5/2023 (edr). |
| Filing 5 NOTICE by All Plaintiffs of Motion for Entry of Default (Buchko, Cynthia) |
| Filing 4 SUMMONS Returned Executed by All Plaintiffs. KMS Excavating LLC served on 3/26/2023. (Buchko, Cynthia) |
| Filing 3 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Buchko, Cynthia) |
| Filing 2 DISCLOSURE Statement by All Plaintiffs. (Buchko, Cynthia) |
| Case reassigned to Chief Judge Pamela Pepper. Magistrate Judge William E Duffin no longer assigned to the case. (mlm) |
| Summons Issued as to KMS Excavating LLC. (mlm) |
| Filing 1 COMPLAINT against KMS Excavating, LLC by Terrance E McGowan, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, Joseph Shelton, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, International Union of Operating Engineers Local 139, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Operating Engineers Local 139 Defined Contribution Annuity Fund. ( Filing Fee PAID $402 receipt number AWIEDC-4356842) (Attachments: #1 Summons, #2 Civil Cover Sheet)(Buchko, Cynthia) |
| NOTICE Regarding assignment of this matter to Magistrate Judge William E Duffin; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (bx) |
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