Raines et al v. Wingender
| Minnesota District Court | |
| Judge: | Michael J Davis |
| Referred: | Elizabeth Cowan Wright |
| Case #: | 0:19-cv-00061 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 28:1132 E.R.I.S.A. |
| Case Filed: | Jan 09, 2019 |
| Terminated: | Dec 26, 2019 |
| Last checked: Monday Jul 08, 2019 3:42 AM CDT |
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Defendant
Kenny Wingender
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Plaintiff
Tim McGough
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Represented By
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Plaintiff
John Raines
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Represented By
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GPO
Aug 29 2019
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion for Entry of Default Order 11 is GRANTED. 2. Defendant Kenny Wingender, d/b/a BN Service, Inc., has breached his obligations under the Local 427 Collective Bargaining Agreement by failing to timely submit the fringe fund reports and contributions for the months of February 2019 through June 2019. Defendant is liable to Plaintiffs in the amount of $1,916.92, which represents liquidated damages of $1,644.84 and interest of $252.08 for the months of August 2018 through January 2019, based upon reports submitted to date. 3. Defendant must remit all fringe fund reports due for the months of February 2019 through the date of this Order, if they have not already been submitted, at the offices of Wilson-McShane Corporation, 3001 Metro Drive, Suite 500, Bloomington, MN 55425, correctly identifying hours worked pursuant to the Collective Bargaining Agreement within ten (10) days of service of this Order upon him. 4. Upon Defendant's submission of the outstanding reports, as ordered above, if Defendant fails to make the payments required by this Order, Plaintiffs may move the Court for entry of a money judgment for all unpaid contributions owed pursuant to reports submitted from August 2018 through the date of this Order, including liquidated damages, interest, and reasonable attorney fees and costs, as shown by Affidavit filed with the Court, and the Court shall enter judgment fourteen (14) days after service of the motion and affidavit on Defendant. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Michael J. Davis on 8/28/2019. (GRR) |
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GPO
Dec 11 2019
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion for Entry of Judgment 31 is GRANTED. 2. Judgment shall be entered against Defendant Kenny Wingender, d/b/a BN Service, Inc., in the amount of $6,986.79, which represents liquidated damages of $3,353.60, interest of $252.08, and attorney's fees and costs of $3,381.11. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Michael J. Davis on 12/11/2019. (GRR) |
| Docket last updated: 3 hours ago |
| Thursday, September 10, 2020 | ||
| 45 | 45
service
Affidavit of Service
Thu 09/10 12:58 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re44 Satisfaction of Judgment, (Boone, Nathan) |
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| Wednesday, September 09, 2020 | ||
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misc
Satisfaction of Judgment
Wed 09/09 1:51 PM
SATISFACTION OF JUDGMENT re41 Judgment by John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors), Tim McGough. (Boone, Nathan) |
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| Friday, January 17, 2020 | ||
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misc
Letter
Tue 01/21 11:22 AM
LETTER from UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA, Office of the Clerk, re41 Judgment.(lmb) |
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Att: 1
Envelope
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| Monday, December 16, 2019 | ||
| 42 | 42
service
Affidavit of Service
Mon 12/16 9:20 AM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re40 Order on Motion for Entry of Judgment,41 Judgment (Boone, Nathan) |
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| Thursday, December 12, 2019 | ||
| 41 | 41
order
Judgment (Clerk's Office Only)
Thu 12/12 2:25 PM
JUDGMENT in favor of John Raines, Tim McGough against Kenny Wingender(MMG) |
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Att: 1
Civil Notice - appeal
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| Wednesday, December 11, 2019 | ||
| 40 | 40
4
pgs
order
Order on Motion for Entry of Judgment
Wed 12/11 3:53 PM
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion for Entry of Judgment31 is GRANTED. 2. Judgment shall be entered against Defendant Kenny Wingender, d/b/a BN Service, Inc., in the amount of $6,986.79, which represents liquidated damages of $3,353.60, interest of $252.08, and attorney's fees and costs of $3,381.11. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Michael J. Davis on 12/11/2019. (GRR) |
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| Thursday, December 05, 2019 | ||
| 39 | 39
service
Affidavit of Service
Thu 12/05 4:30 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re38 Amended Notice of Hearing on Motion Cancelling Hearing (Boone, Nathan) |
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| 38 | 38
notice
Amended Notice of Hearing on Motion
Thu 12/05 4:29 PM
AMENDED NOTICE of Hearing on Motion: (Boone, Nathan) |
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| Tuesday, November 26, 2019 | ||
| 37 | 37
service
Affidavit of Service
Tue 11/26 12:13 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re36 Notice of Hearing on Motion (Boone, Nathan) |
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| 36 | 36
notice
Notice of Hearing on Motion
Tue 11/26 12:12 PM
NOTICE OF HEARING ON MOTION31 MOTION for Entry of Judgment : Motion Hearing set for 1/9/2020 at 01:00 PM in Courtroom 13E (MPLS) before Judge Michael J. Davis. (Boone, Nathan) |
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| Monday, November 18, 2019 | ||
| 35 | 35
service
Affidavit of Service
Mon 11/18 3:38 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re32 Affidavit in Support of Motion,34 Proposed Order to Judge,31 MOTION for Entry of Judgment ,33 Affidavit in Support of Motion (Boone, Nathan) |
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| 34 | 34
respm
Proposed Order to Judge re Motion
Mon 11/18 3:37 PM
PROPOSED ORDER TO JUDGE re31 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Boone, Nathan) |
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| 33 | 33
respm
Affidavit in Support of Motion
Mon 11/18 3:35 PM
Supplemental AFFIDAVIT of James Wilson in SUPPORT OF31 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Boone, Nathan) |
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| 32 | 32
respm
Affidavit in Support of Motion
Mon 11/18 3:34 PM
AFFIDAVIT of Nathan T. Boone in SUPPORT OF31 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Boone, Nathan) |
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| 31 | 31
motion
Entry of Judgment
Mon 11/18 3:32 PM
MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines. (Boone, Nathan) |
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| Monday, October 21, 2019 | ||
| 30 | 30
respm
Affidavit in Support of Motion
Mon 10/21 2:22 PM
DOCUMENT FILED IN ERROR. AFFIDAVIT of Nathan T. Boone in SUPPORT OF29 MOTION for Entry of Judgment as to Kenny Wingender, d/b/a BN Service, Inc. filed by Tim McGough, John Raines, John Raines.(Boone, Nathan) Modified text on 10/21/2019 (CLK) |
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| 29 | 29
motion
Entry of Judgment
Mon 10/21 2:17 PM
DOCUMENT FILED IN ERROR. MOTION for Entry of Judgment as to Kenny Wingender, d/b/a BN Service, Inc. filed by Tim McGough, John Raines, John Raines. (Boone, Nathan) Modified event/text on 10/21/2019 (lmb). Modified text on 10/21/2019 (CLK) |
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| Tuesday, September 10, 2019 | ||
| 28 | 28
service
Affidavit of Service
Tue 09/10 9:59 AM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re25 Judgment (Boone, Nathan) |
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| Monday, September 09, 2019 | ||
| 27 | 27
service
Affidavit of Service
Mon 09/09 3:19 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re24 Order on Motion for Entry of Judgment,,,,,, BN Service, Inc. (Cefalu, Amanda) |
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| 26 | 26
service
Affidavit of Service
Mon 09/09 3:18 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re24 Order on Motion for Entry of Judgment,,,,,, K. Wingender (Cefalu, Amanda) |
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| Friday, August 30, 2019 | ||
| 25 | 25
order
Judgment (Clerk's Office Only)
Fri 08/30 2:49 PM
JUDGMENT(lmb) |
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Att: 1
Civil Notice - appeal
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| Thursday, August 29, 2019 | ||
| 24 | 24
12
pgs
order
Order on Motion for Entry of Judgment
Thu 08/29 10:10 AM
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion for Entry of Default Order11 is GRANTED. 2. Defendant Kenny Wingender, d/b/a BN Service, Inc., has breached his obligations under the Local 427 Collective Bargaining Agreement by failing to timely submit the fringe fund reports and contributions for the months of February 2019 through June 2019. Defendant is liable to Plaintiffs in the amount of $1,916.92, which represents liquidated damages of $1,644.84 and interest of $252.08 for the months of August 2018 through January 2019, based upon reports submitted to date. 3. Defendant must remit all fringe fund reports due for the months of February 2019 through the date of this Order, if they have not already been submitted, at the offices of Wilson-McShane Corporation, 3001 Metro Drive, Suite 500, Bloomington, MN 55425, correctly identifying hours worked pursuant to the Collective Bargaining Agreement within ten (10) days of service of this Order upon him. 4. Upon Defendant's submission of the outstanding reports, as ordered above, if Defendant fails to make the payments required by this Order, Plaintiffs may move the Court for entry of a money judgment for all unpaid contributions owed pursuant to reports submitted from August 2018 through the date of this Order, including liquidated damages, interest, and reasonable attorney fees and costs, as shown by Affidavit filed with the Court, and the Court shall enter judgment fourteen (14) days after service of the motion and affidavit on Defendant. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Michael J. Davis on 8/28/2019. (GRR) |
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| Friday, August 02, 2019 | ||
| 23 | 23
service
Affidavit of Service
Fri 08/02 1:57 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re22 Letter to District Judge,21 Affidavit in Support of Motion (Boone, Nathan) |
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| 22 | 22
misc
Letter to District Judge
Fri 08/02 12:33 PM
LETTER TO DISTRICT JUDGE by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) .(Boone, Nathan) |
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Att: 1
Exhibit(s) Attachment to Letter to Judge Wilson - Supplemental Affidavit of J Wilson
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| 21 | 21
respm
Affidavit in Support of Motion
Fri 08/02 12:16 PM
Supplemental AFFIDAVIT of James F. Wilson in SUPPORT OF11 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Boone, Nathan) |
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Att: 1
Exhibit(s) B,
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Att: 2
Exhibit(s) C
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| Thursday, August 01, 2019 | ||
| 20 | 20
minutes
Motion Hearing
Thu 08/01 12:32 PM
Minute Entry for proceedings held before Judge Michael J. Davis: Motion Hearing held on 8/1/2019 re11 MOTION for Entry of Judgment filed by John Raines, Tim McGough. The motion was moved and will be granted. Since Defendant BN Service Inc. is inactive, Plaintiff's attorney will file an affidavit stating that Defendant Kenny Wingender is personally liable for the contributions under the Collective Bargaining Agreement. An order will follow. (Court Reporter Carla Bebault) (GRR) |
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| Wednesday, July 31, 2019 | ||
| 19 | 19
notice
Notice of Appearance
Wed 07/31 11:49 AM
NOTICE of Appearance by Nathan T Boone on behalf of Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors). (Boone, Nathan) |
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| Friday, June 21, 2019 | ||
| 18 | 18
notice
Amended Notice of Hearing on Motion
Fri 06/21 1:06 PM
AMENDED NOTICE of Hearing on Motion:11 MOTION for Entry of Judgment : Motion Hearing set for 8/1/2019 at 11:30 AM in Courtroom 13E (MPLS) before Judge Michael J. Davis.(Cefalu, Amanda) |
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Att: 1
Affidavit of Service
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| Tuesday, June 04, 2019 | ||
| 17 | 17
service
Affidavit of Service
Tue 06/04 12:15 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re14 Affidavit in Support of Motion,15 Meet and Confer Statement,11 MOTION for Entry of Judgment ,16 Proposed Order to Judge,12 Notice of Hearing on Motion,13 Memorandum in Support of Motion (Cefalu, Amanda) |
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| 16 | 16
respm
Proposed Order to Judge re Motion
Tue 06/04 12:14 PM
PROPOSED ORDER TO JUDGE re11 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Cefalu, Amanda) |
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| 15 | 15
misc
Meet and Confer Statement
Tue 06/04 12:13 PM
MEET and CONFER STATEMENT re11 Motion for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Cefalu, Amanda) |
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| 14 | 14
respm
Affidavit in Support of Motion
Tue 06/04 12:13 PM
AFFIDAVIT of James F. Wilson in SUPPORT OF11 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Cefalu, Amanda) |
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Att: 1
Exhibit(s) A
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| 13 | 13
7
pgs
respm
Memorandum in Support of Motion
Tue 06/04 12:11 PM
MEMORANDUM in Support re11 MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines.(Cefalu, Amanda) |
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Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
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| 12 | 12
notice
Notice of Hearing on Motion
Tue 06/04 12:10 PM
NOTICE OF HEARING ON MOTION11 MOTION for Entry of Judgment : Date and time to be determined. (Cefalu, Amanda) |
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| 11 | 11
motion
Entry of Judgment
Tue 06/04 12:08 PM
MOTION for Entry of Judgment filed by Tim McGough, John Raines, John Raines. (Cefalu, Amanda) |
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| Tuesday, February 12, 2019 | ||
| 10 | 10
service
Affidavit of Service
Tue 02/12 1:25 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re9 Clerk's Entry of Default (Cefalu, Amanda) |
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| Monday, February 11, 2019 | ||
| 9 | 9
order
Clerks Entry of Default
Mon 02/11 2:47 PM
Clerk's ENTRY OF DEFAULT as to Kenny Wingender d/b/a BN Service Inc. (lmb) |
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| Friday, February 08, 2019 | ||
| 8 | 8
service
Affidavit of Service
Fri 02/08 1:06 PM
AFFIDAVIT of Service by Tim McGough, John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors) re7 Affidavit in Support,6 Application for Entry of Default (Cefalu, Amanda) |
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| 7 | 7
respoth
Affidavit in Support
Fri 02/08 1:06 PM
AFFIDAVIT in Support re6 Application for Entry of Default . (Cefalu, Amanda) |
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| 6 | 6
misc
Application for Entry of Default
Fri 02/08 1:05 PM
APPLICATION FOR ENTRY OF DEFAULT . (Cefalu, Amanda) |
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| Tuesday, January 29, 2019 | ||
| 5 | 5
service
Summons Returned Executed
Tue 01/29 12:38 PM
SUMMONS Returned Executed by John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors), Tim McGough. (Cefalu, Amanda) |
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| 4 | 4
service
Summons Returned Executed
Tue 01/29 12:37 PM
SUMMONS Returned Executed by John Raines(as Trustees of the Carpenters & Joiners Welfare Fund, and each of their successors), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund, and each of their successors), Tim McGough. Kenny Wingender served on 1/17/2019, answer due 2/7/2019. (Cefalu, Amanda) |
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| Thursday, January 10, 2019 | ||
| 3 | 3
service
Summons Issued
Thu 01/10 1:05 PM
Summons Issued as to Kenny Wingender. (kt) |
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| 2 | 2
notice
Notice of Initial Case Assignment
Thu 01/10 1:04 PM
TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per 3rd/4th Master list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 19-cv-61 MJD/ECW. (kt) |
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| Wednesday, January 09, 2019 | ||
| 1 | 1
cmp
Complaint
Wed 01/09 3:10 PM
COMPLAINT against Kenny Wingender (filing fee $ 400, receipt number AMNDC-6596640) filed by John Raines(as Trustees of the Carpenters & Joiners Welfare Fund), John Raines(as Trustee of the Carpenters and Joiners Apprenticeship and Journeymen Training Trust Fund), Tim McGough. Filer requests summons issued. (Cefalu, Amanda) |
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Att: 1
Civil Cover Sheet
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