McBride et al v. Kline Construction Co., Inc. et al
| New Jersey District Court | |
| Judge: | Noel L Hillman |
| Referred: | Joel Schneider |
| Case #: | 1:19-cv-14275 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 28:1001 E.R.I.S.A. |
| Case Filed: | Jun 26, 2019 |
| Terminated: | Aug 28, 2019 |
| Last checked: Monday Dec 23, 2019 5:02 AM EST |
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Defendant
J. EDWARD KLINE
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Represented By
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Defendant
KLINE CONSTRUCTION CO., INC.
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Defendant
KLINE CONSTRUCTION CO., INC. 401(K) PLAN
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Defendant
KATHERINE KLINE-PENATE
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Represented By
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Defendant
ROBERT MILLER
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Represented By
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Plaintiff
VICTOR LAMSON
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Represented By
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Plaintiff
MICHAEL VENEZIALE
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Represented By
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Plaintiff
DONALD TAYLOR
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Represented By
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Plaintiff
RYAN SHORT
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Represented By
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Plaintiff
WILLIAM NEWNAM, JR.
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Represented By
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Plaintiff
THOMAS MONZO
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Represented By
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Plaintiff
DANIEL MITCHELL
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Represented By
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Plaintiff
RICHARD MCBRIDE
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Represented By
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Plaintiff
MANUEL MARTINEZ
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Represented By
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Plaintiff
JUAN LOPEZ
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Represented By
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Plaintiff
WAYNE GROVE
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Represented By
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Plaintiff
RYAN FENNAL
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Represented By
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Plaintiff
KEVIN CUNNINGHAM
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Represented By
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Plaintiff
JOHN BEVERLY
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Represented By
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| Docket last updated: 85 minutes ago |
| Friday, May 22, 2020 | ||
| 41 | 41
order
Order
Fri 05/22 2:27 PM
TEXT ORDER: The Court having held a scheduled conference call with counsel on May 22, 2020; and plaintiffs counsel not appearing, it is hereby ORDERED that in view of the defendants bankruptcy filings the administrative termination of the case shall remain in place. If plaintiffs request to restore the case to the active docket they shall file a formal motion requesting this relief. So Ordered by Magistrate Judge Joel Schneider on 5/22/20. (Shaw, A) |
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| Monday, May 11, 2020 | ||
| 40 | 40
order
Order
Mon 05/11 10:00 PM
TEXT ORDER: The Court having received counsels May 8, 2020 letter [Doc. No. 39], it is hereby ORDERED the May 22, 2020 (2:00 p.m.) conference call will proceed as scheduled. The call in and access numbers are 888-684-8852; access code 3436790#. So Ordered by Magistrate Judge Joel Schneider on 5/11/20 (Shaw, A) |
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| Friday, May 08, 2020 | ||
| 39 | 39
misc
Letter
Fri 05/08 2:26 PM
Letter from Letter from Carol Ann Slocum, Esquire to Magistrate Judge Joel Schneider re: request for telephonic hearing scheduled for May 22, 2020 to be cancelled due to bankruptcy filings re 36 Order,. (SLOCUM, CAROL) |
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| Tuesday, April 07, 2020 | ||
| 38 | 38
order
Order
Tue 04/07 3:37 PM
TEXT ORDER - At the request of counsel it is hereby ORDERED the telephone oral argument on stay issues presently scheduled on April 8, 2020 is rescheduled to a telephone oral argument on May 22, 2020 at 2:00 p.m. Plaintiff's counsel shall arrange the conference call. So Ordered by Magistrate Judge Joel Schneider on 4/7/20. (Schneider, Joel) |
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| Friday, April 03, 2020 | ||
| 37 | 37
misc
Letter
Fri 04/03 2:27 PM
Letter from Carol Ann Slocum, Esquire to Magistrate Judge Joel Schneider re: request for brief adjournment of telephonic hearing scheduled for April 8, 2020 re 36 Order,. (SLOCUM, CAROL) |
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| Wednesday, April 01, 2020 | ||
| 36 | 36
order
Order
Wed 04/01 10:11 PM
TEXT ORDER: It is hereby ORDERED the Court is prepared to proceed with a conference call on April 8, 2020 in lieu of the scheduled in-person conference. The call-in number for the call is 1-888-684-8852, access code 3436790#. If any party requests to postpone the call the request will be granted. The parties shall advise the Court if they request a postponement by fax or a letter filed on PACER. So Ordered by Magistrate Judge Joel Schneider on 4/1/2020. (se, ) |
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| Tuesday, March 17, 2020 | ||
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notice
Notice of Pro Hac Vice counsel added
Tue 03/17 8:19 AM
Pro Hac Vice counsel, MARK B. SHEPPARD and JAMES A. PETKUN, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr) |
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| Monday, March 16, 2020 | ||
| 35 | 35
notice
Notice of Pro Hac Vice to Receive NEF
Mon 03/16 10:24 AM
Notice of Request by Pro Hac Vice James A. Petkun to receive Notices of Electronic Filings. (SLOCUM, CAROL) |
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| 34 | 34
notice
Notice of Pro Hac Vice to Receive NEF
Mon 03/16 10:23 AM
Notice of Request by Pro Hac Vice Mark B. Sheppard to receive Notices of Electronic Filings. (SLOCUM, CAROL) |
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| Tuesday, March 10, 2020 | ||
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misc
Pro Hac Vice Fee Received
Tue 03/10 1:55 PM
Pro Hac Vice fee: $ 150, receipt number NEW042343 as to Mark B. Sheppard, Esq (lag, ) |
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misc
Pro Hac Vice Fee Received
Tue 03/10 1:56 PM
Pro Hac Vice fee: $ 150, receipt number NEW042344 as to James A. Petkun, Esq. (lag, ) |
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| Tuesday, March 03, 2020 | ||
| 33 | 33
order
Scheduling Order
Wed 03/04 9:17 AM
AMENDED SCHEDULING ORDER: Oral argument on the "stay" issue in dispute will be held on 4/8/2020 at 3:00 p.m. in Courtroom 3C. Signed by Magistrate Judge Joel Schneider on 3/3/2020. (dmr) |
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| Friday, December 20, 2019 | ||
| 32 | 32
3
pgs
misc
Letter
Fri 12/20 1:10 PM
Letter from J Blyth in reply to individual defendants; December 9, 2019 Memo of Law re26 Response (NOT Motion). (SCHIRRIPA, FRANK) |
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| Thursday, December 19, 2019 | ||
| 31 | 31
misc
Letter
Thu 12/19 1:16 PM
Letter from Carol Ann Slocum to Magistrate Judge Joel Schneider re: Kline Construction Co., Inc.'s bankruptcy case. (SLOCUM, CAROL) |
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| Friday, December 13, 2019 | ||
| 30 | 30
1
pgs
order
Order
Fri 12/13 1:18 PM
ORDER Granting28 letter request an extension of time to file Plaintiff's Reply Brief by 12/20/2019. Signed by Magistrate Judge Joel Schneider on 12/13/2019. (rss, ) |
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| 29 | 29
3
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 12/13 8:44 AM
ORDER granting20 Motion for Mark Sheppard, Esquire Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Joel Schneider on 12/12/2019. (rtm, ) |
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| Thursday, December 12, 2019 | ||
| 28 | 28
misc
Letter
Thu 12/12 5:52 PM
Letter from John A. Blyth, Esq. Regarding Plaintiffs' Request for a One Week Extension of the Deadline to File Plaintiffs' Reply Brief. (BLYTH, JOHN) |
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| Tuesday, December 10, 2019 | ||
| 27 | 27
misc
Certification
Tue 12/10 12:26 PM
Certification of Katherine Penate in Support of Tempoary Stay of Case on behalf of J. EDWARD KLINE, KATHERINE KLINE-PENATE Re26 Response (NOT Motion). (SLOCUM, CAROL) |
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| Monday, December 09, 2019 | ||
| 26 | 26
respoth
Response (NOT Motion)
Mon 12/09 5:00 PM
RESPONSE re23 Letter.(SLOCUM, CAROL) |
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Att: 1
Certification of Ronald Samarro,
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Att: 2
Certification of J. Edward Kline
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| Wednesday, December 04, 2019 | ||
| 25 | 25
3
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 12/05 8:26 AM
ORDER Granting21 Motion for Leave to Appear Pro Hac Vice as to James Petkun, Esquire. Signed by Magistrate Judge Joel Schneider on 12/4/2019. (dmr) |
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| Monday, November 18, 2019 | ||
| 24 | 24
order
Order
Mon 11/18 2:39 PM
TEXT ORDER -- For good cause shown. it is hereby ORDERED plaintiffs are granted leave to file a Reply Brief by December 13, 2019. So Ordered by Magistrate Judge Joel Schneider on 11/18/19. (Schneider, Joel) |
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| Friday, November 15, 2019 | ||
| 23 | 23
misc
Letter
Fri 11/15 5:23 PM
Letter from John A. Blyth to The Hon. Joel Schneider Regarding the Issue of Whether the Case Should be Stayed as to the Individual Defendants. (BLYTH, JOHN) |
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| Monday, November 04, 2019 | ||
| 22 | 22
order
Scheduling Order
Mon 11/04 8:48 AM
AMENDED SCHEDULING ORDER: By November 15, 2019, plaintiffs' letter brief regarding the stay issue shall be served. By December 6, 2019, defendants' response(s) shall be served. Signed by Magistrate Judge Joel Schneider on 11/1/2019. (dmr) |
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| Thursday, October 31, 2019 | ||
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minutes
Status Conference
Mon 11/04 10:42 AM
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 10/31/2019. (se, ) |
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| Wednesday, October 30, 2019 | ||
| 21 | 21
motion
Appear Pro Hac Vice
Wed 10/30 3:34 PM
MOTION for Leave to Appear Pro Hac Vice of James A. Petkun by J. EDWARD KLINE, KATHERINE KLINE-PENATE.(SLOCUM, CAROL) |
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Att: 1
Certification of Counsel in Support of Order Granting Pro Hac Vice Admission of James A. Petkun,
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Att: 2
Certification of James A. Petkun in Support of Pro Hac Vice Admission,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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| 20 | 20
motion
Appear Pro Hac Vice
Wed 10/30 3:23 PM
MOTION for Leave to Appear Pro Hac Vice of Mark B. Sheppard by J. EDWARD KLINE, KATHERINE KLINE-PENATE.(SLOCUM, CAROL) |
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Att: 1
Certification of Counsel in Support of Order Granting Pro Hac Vice Admission of Mark B. Sheppard,
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Att: 2
Certification of Mark B. Sheppard in Support of Pro Hac Vice Admission,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 10/30 3:31 PM
Set/Reset Deadlines as to20 MOTION for Leave to Appear Pro Hac Vice of Mark B. Sheppard . Motion set for 12/2/2019 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 10/30 4:00 PM
Set/Reset Deadlines as to21 MOTION for Leave to Appear Pro Hac Vice of James A. Petkun . Motion set for 12/2/2019 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
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| Monday, October 21, 2019 | ||
| 19 | 19
notice
Notice of Appearance
Mon 10/21 12:30 PM
NOTICE of Appearance by THOMAS GEORGE SMITH on behalf of ROBERT MILLER (SMITH, THOMAS) |
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| Wednesday, October 16, 2019 | ||
| 18 | 18
notice
Notice of Appearance
Wed 10/16 2:49 PM
NOTICE of Appearance by CAROL ANN SLOCUM on behalf of J. EDWARD KLINE, KATHERINE KLINE-PENATE (SLOCUM, CAROL) |
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| Wednesday, October 09, 2019 | ||
| 17 | 17
order
Scheduling Order
Thu 10/10 9:12 AM
AMENDED SCHEDULING ORDER: Telephone Status Conference set for 10/31/2019 at 11:00 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 10/9/2019. (dmr) |
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| Tuesday, September 24, 2019 | ||
| 16 | 16
order
Scheduling Order
Tue 09/24 12:26 PM
SCHEDULING ORDER: Telephone Status Conference set for 10/16/2019 at 11:00 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 9/24/2019. (dmr) |
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| Thursday, September 19, 2019 | ||
| 15 | 15
misc
Letter
Thu 09/19 4:43 PM
Letter from Joseph Lento, Esquire. (LENTO, JOSEPH) |
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| Wednesday, August 28, 2019 | ||
| 14 | 14
1
pgs
order
Order of Dismissal
Wed 08/28 9:55 AM
ORDER OF ADMINISTRATIVE TERMINATION WITHOUT PREJUDICE. Signed by Magistrate Judge Joel Schneider on 8/27/2019. (tf, ) |
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| 13 | 13
order
Order
Wed 08/28 9:15 AM
TEXT ORDER This Court having received a Suggestion of Bankruptcy from Defendant Kline Construction Co., Inc. on August 21, 201912 , it is hereby ORDERED that the parties shall advise the Court within fifteen (15) days how it should proceed with this action. So Ordered by Judge Noel L. Hillman on 8/28/2019. (gn ) |
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| Wednesday, August 21, 2019 | ||
| 12 | 12
2
pgs
notice
Notice (Other)
Wed 08/21 3:59 PM
NOTICE by KLINE CONSTRUCTION CO., INC. / Suggestion of Bankruptcy for Kline Construction Co., Inc. (VISCOUNT, MICHAEL) |
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| Thursday, August 15, 2019 | ||
| 11 | 11
service
Summons Returned Executed
Thu 08/15 3:33 PM
SUMMONS Returned Executed by JUAN LOPEZ, THOMAS MONZO, JOHN BEVERLY, RICHARD MCBRIDE, WILLIAM NEWNAM, JR, MICHAEL VENEZIALE, VICTOR LAMSON, DANIEL MITCHELL, WAYNE GROVE, RYAN SHORT, MANUEL MARTINEZ, DONALD TAYLOR, KEVIN CUNNINGHAM, RYAN FENNAL. J. EDWARD KLINE served on 6/27/2019, answer due 7/18/2019; KLINE CONSTRUCTION CO., INC. served on 6/27/2019, answer due 7/18/2019; KLINE CONSTRUCTION CO., INC. 401(K) PLAN served on 6/27/2019, answer due 7/18/2019; KATHERINE KLINE-PENATE served on 6/27/2019, answer due 7/18/2019; ROBERT MILLER served on 6/27/2019, answer due 7/18/2019.(LENTO, JOSEPH) |
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Att: 1
Summons Returned Executed,
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Att: 2
Summons Returned Executed,
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Att: 3
Summons Returned Executed,
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Att: 4
Summons Returned Executed
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| 10 | 10
1
pgs
notice
Notice of Appearance
Thu 08/15 2:16 PM
NOTICE of Appearance by JOSEPH D. LENTO on behalf of JOHN BEVERLY, KEVIN CUNNINGHAM, RYAN FENNAL, WAYNE GROVE, VICTOR LAMSON, JUAN LOPEZ, MANUEL MARTINEZ, RICHARD MCBRIDE, DANIEL MITCHELL, THOMAS MONZO, WILLIAM NEWNAM, JR, RYAN SHORT, DONALD TAYLOR, MICHAEL VENEZIALE (LENTO, JOSEPH) |
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| Wednesday, June 26, 2019 | ||
| 9 | 9
service
Summons Issued
Wed 06/26 3:44 PM
SUMMONS ISSUED as to J. EDWARD KLINE, KLINE CONSTRUCTION CO., INC., KLINE CONSTRUCTION CO., INC. 401(K) PLAN, KATHERINE KLINE-PENATE, ROBERT MILLER. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ssp, ) |
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| 8 | 8
notice
Notice of Appearance
Wed 06/26 2:20 PM
NOTICE of Appearance by FRANK ROCCO SCHIRRIPA on behalf of John Beverly, Kevin Cunningham, Ryan Fennal, Wayne Grove, Victor Lamson, Juan Lopez, Manuel Martinez, Daniel Mitchell, Thomas Monzo, William Newnam, Jr., Ryan Short, Donald Taylor, Michael Veneziale (SCHIRRIPA, FRANK) |
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| 7 | 7
notice
Notice of Appearance
Wed 06/26 1:20 PM
NOTICE of Appearance by FRANK ROCCO SCHIRRIPA on behalf of Richard McBride (SCHIRRIPA, FRANK) |
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| 6 | 6
service
Summons - Request for Issue
Wed 06/26 12:23 PM
Request for Summons to be Issued by Juan Lopez, Thomas Monzo, John Beverly, Richard McBride, William Newnam, Jr., Michael Veneziale, Victor Lamson, Daniel Mitchell, Wayne Grove, Ryan Short, Manuel Martinez, Donald Taylor, Kevin Cunningham, Ryan Fennal as to Robert Miller. (BLYTH, JOHN) |
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| 5 | 5
service
Summons - Request for Issue
Wed 06/26 12:22 PM
Request for Summons to be Issued by Juan Lopez, Thomas Monzo, John Beverly, Richard McBride, William Newnam, Jr., Michael Veneziale, Victor Lamson, Daniel Mitchell, Wayne Grove, Ryan Short, Manuel Martinez, Donald Taylor, Kevin Cunningham, Ryan Fennal as to J. Edward Kline. (BLYTH, JOHN) |
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| 4 | 4
service
Summons - Request for Issue
Wed 06/26 12:21 PM
Request for Summons to be Issued by Juan Lopez, Thomas Monzo, John Beverly, Richard McBride, William Newnam, Jr., Michael Veneziale, Victor Lamson, Daniel Mitchell, Wayne Grove, Ryan Short, Manuel Martinez, Donald Taylor, Kevin Cunningham, Ryan Fennal as to Katherine Kline-Penate. (BLYTH, JOHN) |
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| 3 | 3
service
Summons - Request for Issue
Wed 06/26 12:20 PM
Request for Summons to be Issued by Juan Lopez, Thomas Monzo, John Beverly, Richard McBride, William Newnam, Jr., Michael Veneziale, Victor Lamson, Daniel Mitchell, Wayne Grove, Ryan Short, Manuel Martinez, Donald Taylor, Kevin Cunningham, Ryan Fennal as to Kline Construction Co., Inc. 401(k) Plan. (BLYTH, JOHN) |
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| 2 | 2
service
Summons - Request for Issue
Wed 06/26 12:20 PM
Request for Summons to be Issued by Juan Lopez, Thomas Monzo, John Beverly, Richard McBride, William Newnam, Jr., Michael Veneziale, Victor Lamson, Daniel Mitchell, Wayne Grove, Ryan Short, Manuel Martinez, Donald Taylor, Kevin Cunningham, Ryan Fennal as to Kline Construction Co., Inc.. (BLYTH, JOHN) |
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| 1 | 1
35
pgs
cmp
Complaint
Wed 06/26 12:02 PM
COMPLAINT against J. Edward Kline, Kline Construction Co., Inc., Kline Construction Co., Inc. 401(k) Plan, Katherine Kline-Penate, Robert Miller ( Filing and Admin fee $ 400 receipt number 0312-9771270) with JURY DEMAND, filed by Juan Lopez, Thomas Monzo, John Beverly, Richard McBride, William Newnam, Jr., Michael Veneziale, Victor Lamson, Daniel Mitchell, Wayne Grove, Ryan Short, Manuel Martinez, Donald Taylor, Kevin Cunningham, Ryan Fennal.(BLYTH, JOHN) |
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Att: 1
Civil Cover Sheet
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utility
Add and Terminate Judges
Wed 06/26 2:56 PM
Judge Noel L. Hillman and Magistrate Judge Joel Schneider added. (dd, ) |
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qc
QC - Attorney Case Opening
Wed 06/26 3:46 PM
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information and Caption are to be entered in CAPITAL LETTERS . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ssp, ) |
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