Wisconsin Laborers Health Fund et al v. Dane County Contracting, LLC et al
| Wisconsin Laborers Health Fund, Wisconsin Laborers Pension Fund, Wisconsin Laborers Apprenticeship and Training Fund, Building & Pubic Works Laborers Vacation Fund, Kent Miller, Wisconsin Laborers District Council and Wisconsin Laborers-Employers Cooperation and Education Trust Fund |
| Dane County Contracting, LLC and Thomas R. Richards |
| 3:2023cv00001 |
| January 3, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A. - Employee Benefits |
| Defendant |
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 10
** TEXT ONLY ORDER ** Plaintiffs assert claims against Dane County Contracting, LLC and its owner, Thomas Richards. Dkt. #1 . Dane County Contracting has filed a suggestion of bankruptcy, Dkt. #7 , so the case is automatically stayed as to that defendant pursuant to 11 U.S.C. 362(a). In general, a bankruptcy stay does not automatically extend to non-bankrupt co-defendants. See Pitts v. Unarco Indus., Inc., 698 F.2d 313, 314 (7th Cir. 1983). But under certain circumstances, the stay may apply to third parties who share interests with the debtor. See Fox Valley Constr. Workers v. Pride of the Fox Masonry & Expert Restorations, 140 F.3d 661, 666 (7th Cir. 1998). And the court has the inherent authority to stay proceedings in the interest of judicial economy. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). The parties may have until March 13, 2023, to file submissions addressing whether the case should be stayed as to defendant Richards. Signed by District Judge James D. Peterson on 2/27/2023. (jef)
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| Filing 9 Notice of Appearance filed by David J. Pawlowski, I for Defendant Thomas R. Richards. (Pawlowski, David) |
| Filing 8 ANSWER with Jury Demand by Defendant Thomas R. Richards. (West, Travis) |
| Filing 7 Notice of Suggestion of Bankruptcy with Cover Letter to the Clerk of Western District Court by Defendant Dane County Contracting, LLC. (Sederholm, Kristin) |
| Filing 6 Summons Reissued as to Defendant Thomas Richards. (lak) |
| Filing 5 Request for Issuance of Summons by Plaintiffs Building & Pubic Works Laborers Vacation Fund, Kent Miller, Wisconsin Laborers Apprenticeship and Training Fund, Wisconsin Laborers District Council, Wisconsin Laborers Health Fund, Wisconsin Laborers Pension Fund, Wisconsin Laborers-Employers Cooperation and Education Trust Fund. (Ho, Yingtao) |
| Filing 4 Summons Issued as to Thomas Richards. (lak) |
| Filing 3 Request for Issuance of Summons by Plaintiffs Building & Pubic Works Laborers Vacation Fund, Kent Miller, Wisconsin Laborers Apprenticeship and Training Fund, Wisconsin Laborers District Council, Wisconsin Laborers Health Fund, Wisconsin Laborers Pension Fund, Wisconsin Laborers-Employers Cooperation and Education Trust Fund. (Ho, Yingtao) |
| Filing 2 Summons Issued as to Dane County Contracting, LLC. (lak) |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number AWIWDC-3175051.), filed by All Plaintiffs. (Attachments: #1 Summons, #2 JS-44 Civil Cover Sheet) (Ho, Yingtao) |
| Case directly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Previous cases 14-cv-82 and 21-cv-164. (lak) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
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