Southern Operators Health Fund v. Freeland Construction Company, Inc.
| Tennessee Middle District Court | |
| Judge: | Laurie J Michelson |
| Referred: | Alistair Newbern |
| Case #: | 3:16-cv-03029 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
| Case Filed: | Nov 23, 2016 |
| Terminated: | Oct 31, 2017 |
| Last checked: Monday May 22, 2017 4:00 AM CDT |
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Defendant
Freeland Construction Company, Inc.
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Plaintiff
Southern Operators Health Fund
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Represented By
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GPO
Jun 09 2017
ORDER: For the reasons set forth at the June 9, 2017 hearing, Defendant and Kenneth B. Canty are hereby held in contempt of this Court's preliminary injunction ruling 15. Signed by District Judge Laurie J. Michelson on 6/9/2017. (xc: Deft by regular mail and certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) |
| Docket last updated: 05/08/2024 11:59 PM CDT |
| Tuesday, October 31, 2017 | ||
| 35 | 35
misc
Entry of Judgment
Wed 11/01 8:44 AM
ENTRY OF JUDGMENT re:34 Agreed Final Order. (gb) |
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| 34 | 34
3
pgs
order
Order Dismissing Case
Wed 11/01 8:43 AM
AGREED FINAL ORDER: The preliminary injunction is hereby converted to a permanent injunction. The Defendant Freeland Construction Company, Inc. is permanently enjoined to conform its conduct to 29 U.S.C. § 1145 and is required to pay contributions and submit reports to Plaintiff on a timely basis in the future. The bench warrant for Kenneth B. Canty is withdrawn and he is released from any obligation to appear at the hearing scheduled for November 2, 2017, which is hereby canceled. Signed by District Judge Laurie J. Michelson on 10/31/17. (gb) |
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| Friday, October 27, 2017 | ||
| 33 | 33
notice
Notice of Filing
Fri 10/27 9:04 AM
NOTICE of Filing by Southern Operators Health Fund Agreed Final Order(Jennings, R.) |
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Att: 1
Attachment proposed Agreed Final Order
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| Thursday, October 19, 2017 | ||
| 32 | 32
misc
Certificate
Thu 10/19 12:38 PM
CERTIFICATE of Service filed by Freeland Construction Company, Inc. re30 Notice of Appearance filed by Freeland Construction Company, Inc.. (Little, J.) |
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misc
Annotation - Bar Status
Thu 10/19 9:18 AM
TN State Bar status verified as active for J. Alex Little. (gb) |
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misc
Annotation - Docket
Thu 10/19 9:20 AM
Note to Filer re DE#30 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all names of counsel of record on the certificate of service. Please FILE a conformed Certificate of Service for this document. (gb) |
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minutes
Telephone Conference
Thu 10/19 11:25 AM
Minute Entry for proceedings held before District Judge Laurie J. Michelson: Telephone Conference held on 10/18/2017. (af) Modified text on 10/19/2017 (gb) |
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| Wednesday, October 18, 2017 | ||
| 31 | 31
2
pgs
order
Order ~Util - Set Hearings ~Util - Add and Terminate Judge
Thu 10/19 8:23 AM
ORDER: The Court WITHDRAWS the October 17, 2017 Order of Referral to Magistrate Judge Newbern (29 ) and hereby ADJOURNS the Hearing on Contempt Order to Thursday, November 2, 2017 (at U.S. Courthouse, 801 Broadway, Nashville, TN 37203). Additionally, in light of Defendant's October 17, 2017 payment of the outstanding contributions and penalties, the $50 per day contempt sanction is TERMINATED. Signed by District Judge Laurie J. Michelson on 10/18/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb) |
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| 30 | 30
notice
Notice of Appearance
Wed 10/18 12:47 PM
NOTICE of Appearance by J. Alex Little on behalf of Freeland Construction Company, Inc. (Little, J.) |
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| 29 | 29
2
pgs
order
Order
Wed 10/18 11:14 AM
ORDER OF REFERRAL: IT IS ORDERED that the Hearing on the contempt order is referred to U.S. Magistrate Judge Alistair Newbern for determination pursuant to 28 U.S.C. § 636(b)(1)(A) and, if warranted, to determine a final resolution of the case pursuant to 28 U.S.C. § 636(b)(1)(B). The hearing shall take place on Thursday, October 19, 2017 at U.S. Courthouse, Courtroom 776, 801 Broadway, Nashville, TN 37203. Signed by District Judge Laurie J. Michelson on 10/18/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (af) |
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| Tuesday, October 17, 2017 | ||
| 28 | 28
notice
Notice (Other)
Tue 10/17 3:02 PM
NOTICE by Southern Operators Health Fund payment received from Defendant (Jennings, R.) |
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| Friday, September 22, 2017 | ||
| 27 | 27
2
pgs
order
Order ~Util - Set Hearings
Mon 09/25 3:46 PM
Notice of Hearing on Contempt Order set for 10/19/2017 10:00 AM before District Judge Laurie J. Michelson. Signed by District Judge Laurie J. Michelson on 9/22/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb) |
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| Thursday, August 24, 2017 | ||
| 26 | 26
misc
Mail Returned
Fri 08/25 8:26 AM
Mail Returned as Unclaimed as to Freeland Contruction Company, Inc. re20 Order. (gb) |
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| Tuesday, July 18, 2017 | ||
| 25 | 25
order
Warrant Issued
Tue 07/18 9:29 AM
WARRANT of Arrest issued as to Kenneth B. Canty by Judge Laurie J. Michelson. (warrant hand-delivered to US Marshal) (af) |
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| Monday, July 17, 2017 | ||
| 24 | 24
misc
Status Report
Mon 07/17 10:36 AM
STATUS REPORT by Southern Operators Health Fund. (Jennings, R.) |
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| Friday, July 14, 2017 | ||
| 23 | 23
order
Order
Fri 07/14 10:15 AM
ORDER: On June 9, 2017, this Court issued an order holding Defendant and Kenneth B. Canty in contempt of the Court's preliminary injunction ruling (R.20 , R.15 .) Plaintiff docketed proof of service of this order on June 23, 2017. As twenty days have passed, the Court hereby ORDERS Plaintiff to provide a written update as to the status of Defendants' compliance. Signed by District Judge Laurie J. Michelson on 7/14/17. (gb) |
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| Friday, June 23, 2017 | ||
| 22 | 22
notice
Notice (Other)
Fri 06/23 10:45 AM
NOTICE by Southern Operators Health Fund re20 Order, service of copy of order on defendant(Jennings, R.) |
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Att: 1
Attachment proof of service of court order by fax and email
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| Friday, June 09, 2017 | ||
| 21 | 21
misc
Certified Mail Receipt
Fri 06/09 1:06 PM
CERTIFIED MAIL RECEIPT re20 Order. (ab) |
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| 20 | 20
order
Order
Fri 06/09 12:56 PM
ORDER: For the reasons set forth at the June 9, 2017 hearing, Defendant and Kenneth B. Canty are hereby held in contempt of this Court's preliminary injunction ruling15 . Signed by District Judge Laurie J. Michelson on 6/9/2017. (xc: Deft by regular mail and certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ab) |
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minutes
Show Cause Hearing
Fri 06/09 12:46 PM
Minute Entry for proceedings held before District Judge Laurie J. Michelson: Show Cause Hearing held on 6/9/2017. The Defendant did not appear at the hearing. The Court to enter order from rulings made in Court. (Court Reporter Traci Walker.) (ab) |
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| Friday, June 02, 2017 | ||
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misc
Annotation - Docket
Fri 06/02 10:00 AM
The Show Cause Hearing scheduled for Friday, June 9, 2017 at 10:00 a.m. will be held in Courtroom 774. (af) |
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| Tuesday, May 16, 2017 | ||
| 19 | 19
order
Order to Show Cause
Tue 05/16 4:14 PM
ORDER: Plaintiff desires, and the Court agrees, to provide Kenneth B. Canty and Defendant additional time to comply with the injunctive order. Therefore, Kenneth B. Canty shall appear in this Court on June 9, 2017 at 10:00 a.m. before the Honorable Laurie J. Michelson to show cause why he should not be held in contempt of court for failure to comply with the Court's preliminary injunction. The Clerk is directed to mail a copy of this order to Defendant Freeland Construction Company, Inc., c/o Kenneth B. Canty, P.O. Box 70086, Charleston, SC 29415-0086. Signed by District Judge Laurie J. Michelson on 5/16/17. (xc: Defendant by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) |
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| Thursday, April 13, 2017 | ||
| 18 | 18
notice
Notice of Filing
Thu 04/13 3:29 PM
NOTICE of Filing by Southern Operators Health Fund re Show Cause Hearing(Jennings, R.) |
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Att: 1
Attachment Proposed order setting show cause hearing
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| Wednesday, April 12, 2017 | ||
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minutes
Show Cause Hearing
Wed 04/12 11:25 AM
Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Show Cause Hearing held on 4/12/2017. Counsel to submit proposed order. (Court Reporter Traci Walker.) (ab) |
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| Tuesday, April 11, 2017 | ||
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utility
Add and Terminate Judges
Tue 04/11 4:03 PM
Due to the resignation of Chief Judge Kevin H. Sharp and pursuant to Administrative Order Nos. 138 and 24, this case is transferred to the Honorable Laurie J. Michelson, United States District Judge for the Eastern District of Michigan for all purposes. (gb) |
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| Friday, April 07, 2017 | ||
| 17 | 17
order
Order on Motion to Show Cause
Fri 04/07 4:13 PM
ORDER granting16 Motion for Order to Show Cause. Show Cause Hearing set for Wednesday, April 12, 2017, at 10:30 a.m. Signed by Chief Judge Kevin H. Sharp on 4/7/2017. (eh) |
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| Thursday, April 06, 2017 | ||
| 16 | 16
motion
Show Cause
Thu 04/06 1:24 PM
MOTION for Order to Show Cause by Southern Operators Health Fund. (Jennings, R.) |
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| Tuesday, March 14, 2017 | ||
| 15 | 15
order
Order on Motion for Preliminary Injunction
Tue 03/14 2:00 PM
ORDER: Pursuant to Fed. R. Civ. P. 65 (a) the Court hereby enters a preliminary injunction against the Defendant requiring the timely future payment of contributions and submission of all monthly payroll reports, as required under 29 U.S.C. § 1145. All payments presently owing and all payroll reports presently due shall be submitted to Plaintiff within twenty (20) days of the date of entry of this order. Plaintiff has also moved to waive any requirement for security in connection with issuance of the preliminary injunction pursuant to Fed. Civ. R. P. 65(c). The Court enjoys discretion to waive bond, Urbain v. Knapp Brother Mfg. Co., 217 F2d 810, 815-16 (6th Cir.) cert. den. 349 U.S. 930 (1955). The Motion is granted and bond is waived. The Clerk is directed to send a copy of this order to the Defendant Freeland Construction Company, Inc., c/o Kenneth B. Canty, Registered Agent, P.O. Box 70086, Charleston, SC 29415-0086. Signed by Chief Judge Kevin H. Sharp on 3/14/2017. (xc: Freeland Construction Company, Inc. by regular mail) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (eh) |
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| Tuesday, February 28, 2017 | ||
| 14 | 14
order
Order on Motion for Miscellaneous Relief
Tue 02/28 2:50 PM
ORDER: In light of the Clerk's entry of default (Doc. No. 9), Plaintiff's motion to cancel the initial case management conference is GRANTED. The parties shall notify the Court to reset an initial case management conference if Defendant Freeland Construction Company appears and default judgment against it is not entered. Signed by Magistrate Judge Alistair Newbern on 2/28/2017. (eh) |
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| 13 | 13
motion
Miscellaneous Relief
Tue 02/28 9:01 AM
Second MOTION cancel case management conference re8 Order on Motion for Miscellaneous Relief, by Southern Operators Health Fund. (Jennings, R.) |
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| Monday, February 13, 2017 | ||
| 12 | 12
misc
Declaration
Mon 02/13 11:33 AM
DECLARATION of Angela Nelson filed by Southern Operators Health Fund re:10 MOTION for Preliminary Injunction . (Jennings, R.) |
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| 11 | 11
respoth
Memorandum in Support
Mon 02/13 11:33 AM
MEMORANDUM in Support of10 MOTION for Preliminary Injunction filed by Southern Operators Health Fund . (Jennings, R.) |
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| 10 | 10
motion
Preliminary Injunction
Mon 02/13 11:32 AM
MOTION for Preliminary Injunction by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment proposed order granting motion for preliminary injunction and waiving bond
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| Tuesday, January 31, 2017 | ||
| 9 | 9
order
Order on Motion for Entry of Default
Tue 01/31 2:11 PM
ENTRY OF DEFAULT: Pending is Plaintiffs' Request for Entry of Default Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure (FRCP)(Docket Entry No.6 ). A review of the record reveals that Defendant was served and has failed to answer within the time-period allowed by law. Entry of Default against Defendant is therefore appropriate. Accordingly, for the reasons stated above, the Clerk hereby enters default pursuant to FRCP 55(a) against Defendant Freeland Construction Company, Inc. This is an entry of default only. No default judgment will be granted except upon further motion pursuant to FRCP 55(b). Signed by Keith Throckmorton, Clerk of Court, on 1/31/2017. (deft by regular mail) (eh) |
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| Tuesday, January 24, 2017 | ||
| 8 | 8
order
Order on Motion for Miscellaneous Relief
Tue 01/24 2:57 PM
ORDER: The case management conference set for January 30, 2017, is reset for March 1, 2017, at 9:30 a.m. Plaintiff may renew its motion to cancel the case management conference if the Clerk has entered default before that date and Defendant has failed to appear. Signed by Magistrate Judge Alistair Newbern on 1/24/2017. (eh) |
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| Monday, January 23, 2017 | ||
| 7 | 7
motion
Miscellaneous Relief
Mon 01/23 1:21 PM
MOTION cancel case management conference by Southern Operators Health Fund. (Jennings, R.) |
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| Tuesday, January 10, 2017 | ||
| 6 | 6
motion
Entry of Default
Tue 01/10 3:16 PM
MOTION for Entry of Default of Defendant Freeland Construction Company, Inc. by Southern Operators Health Fund. (Jennings, R.) |
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| Wednesday, December 28, 2016 | ||
| 5 | 5
service
Summons Returned Executed
Wed 12/28 8:21 AM
SUMMONS returned executed by Southern Operators Health Fund. Freeland Construction Company, Inc. served on 12/19/2016. (Jennings, R.) |
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| Wednesday, November 23, 2016 | ||
| 4 | 4
notice
Notice of Case Management Conference
Wed 11/23 3:38 PM
NOTICE of Initial Case Management Conference set for 1/30/2017 at 09:30 AM in Courtroom 776 before Magistrate Judge Alistair Newbern. (eh) |
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| 3 | 3
notice
Notice/Information re Consent of the Parties to MJ
Wed 11/23 3:35 PM
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (eh) |
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| 2 | 2
notice
Notice of Corporate Disclosure Statement Filing Requirement
Wed 11/23 3:35 PM
NOTICE of Corporate Disclosure Statement filing requirement. (eh) |
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| 1 | 1
cmp
Complaint
Wed 11/23 3:35 PM
COMPLAINT against Freeland Construction Company, Inc., filed by Southern Operators Health Fund. $400 Filing fee paid - via Credit Card. Summons issued.(eh) |
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Att: 1
Attachment Civil Cover Sheet,
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Att: 2
Attachment Summons
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misc
Annotation - Bar Status
Wed 11/23 3:38 PM
State Bar status verified as active for R. Jan Jennings. (eh) |
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misc
Annotation - Docket
Wed 11/23 3:45 PM
Service Packet fwd Intake for pick up. (eh) |
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