Operating Engineers Local 139 Health Benefit Fund et al v. Adkins Construction Inc
| Wisconsin Eastern District Court | |
| Judge: | Pamela Pepper |
| Case #: | 2:17-cv-00541 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1131 ERISA - Collection of Delinquent Trust Fun |
| Case Filed: | Apr 17, 2017 |
| Terminated: | Sep 01, 2017 |
| Last checked: Saturday Oct 14, 2017 5:05 AM CDT |
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Defendant
Adkins Construction Inc
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Plaintiff
Central Pension Fund of the International Union of Operating Engineers and Participating Employers
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Represented By
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Plaintiff
CEO Michael R Fanning
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Represented By
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Plaintiff
International Union of Operating Engineers Local 139
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Represented By
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Plaintiff
Joint Labor Management Work Preservation Fund
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Represented By
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Plaintiff
Terrance E McGowan
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Represented By
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Plaintiff
Operating Engineers Local 139 Health Benefit Fund
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Represented By
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Plaintiff
Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund
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Represented By
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| Docket last updated: 04/18/2024 11:59 PM CDT |
| Monday, December 03, 2018 | ||
| 33 | 33
2
pgs
order
Order on Motion
Mon 12/03 3:19 PM
ORDER signed by Judge Pamela Pepper on 12/3/2018 GRANTING30 Motion for Turnover Order Against Garnishee-Defendant. Plaintiff shall recover $2,258.80 from Garnishee-Defendant. (cc: all counsel) (cb) |
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| Friday, July 27, 2018 | ||
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answer
Answer to Application for Writ of Garnishment
Fri 07/27 9:06 AM
Garnishee ANSWER to24 Application for Writ of Garnishment, by Nicholas & Associates Inc.(Gallo, Donald) |
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Att: 1
Certificate of Service
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| Tuesday, July 24, 2018 | ||
| 31 | 31
misc
Certificate of Service
Tue 07/24 1:32 PM
CERTIFICATE OF SERVICE by All Plaintiffs (Buchko, Cynthia) |
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| 30 | 30
3
pgs
motion
Order
Tue 07/24 1:29 PM
MOTION for Order by All Plaintiffs.(Buchko, Cynthia) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Text of Proposed Order
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| 29 | 29
notice
Notice - (Do not use this event for a Notice of Appeal)
Tue 07/24 1:27 PM
NOTICE by All Plaintiffs of Motion for Turn-Over Order (Buchko, Cynthia) |
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| Thursday, July 12, 2018 | ||
| 28 | 28
respm
Response (Non-Motion)
Thu 07/12 2:38 PM
RESPONSE filed by Miron Construction Co Inc re25 Application for Writ of Garnishment (mac) |
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| Monday, July 02, 2018 | ||
| 27 | 27
respm
Response (Non-Motion)
Tue 07/03 9:05 AM
RESPONSE filed by JP Cullen Ltd re26 Application for Writ of Garnishment. (amb) |
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| Monday, June 25, 2018 | ||
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service
Summons Issued
Mon 06/25 11:23 AM
Garnishment Summons Issued as to Altius Building Company, Beyer Construction, JP Cullen Ltd, Miron Construction Co Inc, Nicholas & Associates Inc. (amb) |
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| Thursday, June 21, 2018 | ||
| 26 | 26
cmp
Application for Writ of Garnishment
Thu 06/21 11:48 AM
APPLICATION for Writ of Garnishment for J.P. Cullen filed by Michael R Fanning, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, International Union of Operating Engineers Local 139, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Terrance E McGowan. (Buchko, Cynthia) |
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| 25 | 25
cmp
Application for Writ of Garnishment
Thu 06/21 11:47 AM
APPLICATION for Writ of Garnishment for Miron Construction filed by Michael R Fanning, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, International Union of Operating Engineers Local 139, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Terrance E McGowan. (Buchko, Cynthia) |
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| 24 | 24
cmp
Application for Writ of Garnishment
Thu 06/21 11:46 AM
APPLICATION for Writ of Garnishment for Nicholas & Associates filed by Michael R Fanning, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, International Union of Operating Engineers Local 139, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Terrance E McGowan. (Buchko, Cynthia) |
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| 23 | 23
cmp
Application for Writ of Garnishment
Thu 06/21 11:46 AM
APPLICATION for Writ of Garnishment for Beyer Construction filed by Michael R Fanning, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, International Union of Operating Engineers Local 139, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Terrance E McGowan. (Buchko, Cynthia) |
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| 22 | 22
cmp
Application for Writ of Garnishment
Thu 06/21 11:45 AM
APPLICATION for Writ of Garnishment for Altius Building Company filed by Michael R Fanning, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, International Union of Operating Engineers Local 139, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Terrance E McGowan. (Buchko, Cynthia) |
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| 21 | 21
notice
Notice - (Do not use this event for a Notice of Appeal)
Thu 06/21 11:39 AM
NOTICE by All Plaintiffs of Partial Satisfaction of Judgment (Buchko, Cynthia) |
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| Friday, September 01, 2017 | ||
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utility
Terminate Case - Notice Attorneys
Tue 09/05 9:14 AM
Case Terminated pursuant to19 Order. (amb) |
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| Thursday, August 31, 2017 | ||
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order
Judgment - Default
Fri 09/01 9:41 AM
DEFAULT JUDGMENT signed by Deputy Clerk and approved by Judge Pamela Pepper on 8/31/2017 in favor of 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, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, Michael R. Fanning, Terrance E. McGowan against Adkins Construction, Inc. (cc: all counsel)(cb) |
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| 19 | 19
3
pgs
order
Order on Motion for Judgment
Fri 09/01 9:38 AM
ORDER signed by Judge Pamela Pepper on 8/31/2017 GRANTING11 Plaintiffs' Motion for Default Judgment. Defendant to pay plaintiffs $399,829.51 plus post-judgment interest at the rate required by 28 U.S.C. §1961. (cc: all counsel) (cb) |
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| Wednesday, August 16, 2017 | ||
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misc
Certificate of Service
Wed 08/16 2:09 PM
CERTIFICATE OF SERVICE by All Plaintiffs (Buchko, Cynthia) |
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| 17 | 17
misc
Affidavit
Wed 08/16 2:08 PM
AFFIDAVIT of Pat Nelson .(Buchko, Cynthia) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 16 | 16
misc
Affidavit
Wed 08/16 2:06 PM
AFFIDAVIT of Rita Becker .(Buchko, Cynthia) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8,
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Att: 9
Exhibit Exhibit 9
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| 15 | 15
misc
Affidavit
Wed 08/16 2:03 PM
AFFIDAVIT of Laura M. Finnegan . (Buchko, Cynthia) |
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| 14 | 14
misc
Affidavit
Wed 08/16 2:02 PM
AFFIDAVIT of Cynthia L. Buchko . (Buchko, Cynthia) |
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| 13 | 13
misc
Certificate
Wed 08/16 2:01 PM
CERTIFICATE by All Plaintiffs of Counsel (Buchko, Cynthia) |
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| 12 | 12
misc
Statement
Wed 08/16 2:00 PM
STATEMENT by All Plaintiffs of Itemization of Damages . (Buchko, Cynthia) |
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| 11 | 11
motion
Judgment
Wed 08/16 1:59 PM
MOTION for Judgment by All Plaintiffs.(Buchko, Cynthia) |
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Att: 1
Text of Proposed Order
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| 10 | 10
notice
Notice - (Do not use this event for a Notice of Appeal)
Wed 08/16 1:58 PM
NOTICE by All Plaintiffs of Motion for Entry of Judgment (Buchko, Cynthia) |
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| Thursday, July 13, 2017 | ||
| 9 | 9
misc
Certificate of Service
Thu 07/13 1:11 PM
CERTIFICATE OF SERVICE by All Plaintiffs (Buchko, Cynthia) |
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| 8 | 8
misc
Affidavit
Thu 07/13 1:10 PM
AFFIDAVIT of Cynthia L. Buchko in Support of Motion for Entry of Default . (Buchko, Cynthia) |
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| 7 | 7
motion
Entry of Default
Thu 07/13 1:09 PM
MOTION for Entry of Default by All Plaintiffs.(Buchko, Cynthia) |
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Att: 1
Text of Proposed Order Proposed Entry of Default
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| 6 | 6
notice
Notice - (Do not use this event for a Notice of Appeal)
Thu 07/13 1:08 PM
NOTICE by All Plaintiffs of Motion for Entry of Default (Buchko, Cynthia) |
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order
Clerks Entry of Default
Tue 08/08 10:33 AM
Clerk's ENTRY OF DEFAULT as to Adkins Construction Inc. (amb) |
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| Tuesday, May 16, 2017 | ||
| 5 | 5
misc
Letter
Tue 05/16 1:51 PM
LETTER from Cynthia L. Buchko requesting an extension of time to file an answer . (Buchko, Cynthia) |
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order
Text Only Order ~Util - Set/Reset Deadlines
Tue 05/16 4:16 PM
TEXT ONLY ORDER signed by Judge Pamela Pepper on 5/16/2017 EXTENDING THE DEADLINE until the end of the day on July 3, 2017 for defendant, Adkins Construction, Inc. to file a response to the Complaint5 . (cc: all counsel)(pwm) |
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| Thursday, April 27, 2017 | ||
| 4 | 4
service
Summons Returned Executed
Thu 04/27 10:31 AM
SUMMONS Returned Executed by All Plaintiffs. Adkins Construction Inc served on 4/25/2017. (Buchko, Cynthia) |
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| Friday, April 21, 2017 | ||
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misc
Docket Annotation
Fri 04/21 12:40 PM
The court advises the plaintiff that if, within forty-five (45) days of the filing of the complaint, either no answer has been filed or the plaintiff has not filed a certificate of service demonstrating that the plaintiff has properly executed the summons and served the complaint, the court will require the plaintiff to appear at a status conference regarding the delay. (kgw) |
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| Tuesday, April 18, 2017 | ||
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service
Summons Issued
Tue 04/18 9:05 AM
Summons Issued as to Adkins Construction Inc. (amb) |
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| Monday, April 17, 2017 | ||
| 3 | 3
misc
Consent/Refusal to Jurisdiction by US Magistrate Judge
Mon 04/17 12:28 PM
Refusal to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Buchko, Cynthia) |
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| 2 | 2
misc
Disclosure Statement
Mon 04/17 12:28 PM
DISCLOSURE Statement by All Plaintiffs. (Buchko, Cynthia) |
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| 1 | 1
cmp
Complaint
Mon 04/17 12:03 PM
COMPLAINT against Adkins Construction Inc by Michael R Fanning, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, International Union of Operating Engineers Local 139, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund, Terrance E McGowan. ( Filing Fee PAID $400 receipt number 0757-2559891)(Buchko, Cynthia) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons
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notice
Notice of Judge Assignment
Mon 04/17 12:14 PM
NOTICE Regarding assignment of this matter to Judge Pamela Pepper ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website ;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 (jcl) |
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