Southern Operators Health Fund v. Dynamic Concrete Pumping, Inc.
| Tennessee Middle District Court | |
| Judge: | Aleta A Trauger |
| Case #: | 3:15-cv-01196 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Nov 09, 2015 |
| Re-opened: | Nov 27, 2023 |
| Terminated: | Dec 28, 2023 |
| Last checked: Saturday May 07, 2016 5:15 AM CDT |
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Defendant
Dynamic Concrete Pumping, Inc.
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Plaintiff
Southern Operators Health Fund
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Represented By
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| Docket last updated: 6 hours ago |
| Thursday, December 28, 2023 | ||
| 44 | 44
1
pgs
order
Order Administratively Closing Case
Thu 12/28 8:28 AM
ORDER: The Southern Operators Health Fund ("Plaintiff") has moved the Court to cancel the show cause hearing set for January 4, 2024 at 4:00 p.m. (Docket Entry No.43 ) on the basis that Plaintiff and Dynamic Concrete Pumping, Inc. ("Defendant") have resolved all outstanding differences as Defendant has paid all delinquent contributions. Plaintiff's motion is granted, and the Clerk is directed to administratively close this civil action, subject to reopening in the event Defendant fails to comply with the permanent injunction. The Clerk is directed to forward a copy of this Order to Dynamic Concrete Pumping, Inc., Dana B. Jewell, President, P.O. Box 19157, 3052 Leon Road, Jacksonville, Florida 32246; dynamicconcretepumpinginc@gmail.com. IT IS SO ORDERED. (xc: copy of order forwarded to Dynamic Concrete Pumping, Inc) Signed by District Judge Aleta A. Trauger on 12/28/2023. (af) |
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| Wednesday, December 27, 2023 | ||
| 43 | 43
motion
Miscellaneous Relief
Wed 12/27 2:31 PM
MOTION to Cancel Show Cause Hearing And Administratively Close Civil Action by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment [proposed] Order Granting
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Att: 43
Motion to Cancel Show Cause Hearing and Administratively Close Civil Action
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| Monday, November 27, 2023 | ||
| 42 | 42
2
pgs
order
Order Reopening Case Order to Show Cause ~Util - Terminate Motions
Mon 11/27 10:27 AM
ORDER: Presently pending before the Court is Plaintiff's motion to reopen this civil action and set a show cause hearing. Upon consideration thereof, Defendant has failed to timely submit monthly payroll reports and contributions to Plaintiff as required by this Courts Order of March 22, 2019 (Docket Entry No.25 ) and for this good and reasonable cause, Plaintiff's motion is GRANTED. Dana B. Jewell, President of Dynamic Concrete Pumping, Inc., shall appear in this Court on January 4, 2024 at 4:00 p.m. (CST) to show cause why monthly reports and contributions have not been timely submitted to Plaintiff, as required. The Clerk is directed to administratively reopen this civil action, mail, and email a copy of this order to Dana B. Jewell, Dynamic Concrete Pumping, Inc., 3052 Leon Road, P.O. Box 19157, Jacksonville, FL 32246; dynamicconcretepumpinginc@gmail.com. IT IS SO ORDERED. Signed by District Judge Aleta A. Trauger on 11/27/2023. (Note: Order sent to Dana B. Jewell, Dynamic Concrete Pumping, Inc.) (af) |
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| Saturday, November 25, 2023 | ||
| 41 | 41
motion
Reopen Case
Sat 11/25 9:26 AM
MOTION to Reopen Case and for an Order to Show Cause by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment Unanswered Demand Letters,
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Att: 2
Attachment [proposed] Order Granting
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Att: 41
Plaintiff's Motion to Reopen Case and for an Order to Show Cause
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| Monday, December 19, 2022 | ||
| 40 | 40
misc
Transcript
Mon 12/19 12:15 PM
Transcript filed for date of November 18, 2022, before Judge Aleta A. Trauger. Court Reporter: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 12/27/2022. Redaction Request due 1/9/2023. Redacted Transcript Deadline set for 1/19/2023. Release of Transcript Restriction set for 3/20/2023. (RH) |
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| Monday, December 05, 2022 | ||
| 39 | 39
1
pgs
order
Order Administratively Closing Case
Mon 12/05 1:07 PM
ORDER: The Southern Operators Health Fund ("Plaintiff") has moved the Court to cancel the show cause hearing set for December 12, 2022 at 4:00 p.m. (Docket Entry No.38 ). Plaintiff's motion is granted, and the Clerk is directed to administratively close this civil action, subject to reopening in the event Defendant fails to comply with the permanent injunction. The Clerk is directed to forward a copy of this Order to Dynamic Concrete Pumping, Inc., Dana B. Jewell, President, P.O. Box 19157, 3052 Leon Road, Jacksonville, Florida 32246; dynamicconcretepumpinginc@gmail.com. Signed by District Judge Aleta A. Trauger on 12/5/2022. (xc: Copy of Order mailed to Dynamic Concrete Pumping, Inc. and emailed to Dana B. Jewell.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ln) |
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| 38 | 38
motion
Miscellaneous Relief
Mon 12/05 10:14 AM
MOTION to Cancel Show Cause Hearing And Administratively Close Civil Action by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment proposed Order Granting
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Att: 38
Plaintiffs' Motion to Cancel Show Cause Hearing And Administratively Close Civil Action
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| Wednesday, November 30, 2022 | ||
| 37 | 37
service
Green Card Returned
Wed 11/30 11:31 AM
GREEN CARD RETURNED Executed as to Grigoriy Mirzoyev re35 Order. (ln) |
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| Monday, November 21, 2022 | ||
| 36 | 36
misc
Certified Mail Receipt
Mon 11/21 10:50 AM
CERTIFIED MAIL RECEIPT re35 Order. (ln) |
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| 35 | 35
1
pgs
order
Order to Show Cause
Mon 11/21 10:37 AM
ORDER: It is hereby ORDERED that another hearing is scheduled for Monday, December 12, 2022 at 4:00 p.m. in this case, at which the court will consider remedies for civil and criminal contempt against Mr. Mrizoyev, should he not appear at this scheduled hearing. The Clerk shall mail a copy of this Order by certified mail, return receipt requested to Grigoriy Mirzoyev, 3052 Leon Road, Jacksonville, FL 32246. Signed by District Judge Aleta A. Trauger on 11/21/2022. (xc: Order mailed to Grigoriy Mirzoyev via certified return receipt mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ln) |
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| Friday, November 18, 2022 | ||
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minutes
Show Cause Hearing
Fri 11/18 4:39 PM
Minute Entry for proceedings held before District Judge Aleta A. Trauger: Show Cause Hearing held on 11/18/2022. Defendant did not appear. Order to enter. (Court Reporter Roxann Harkins.) (Hearing lasted :15)(kb) |
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| Thursday, November 17, 2022 | ||
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misc
Annotation - Bar Status
Thu 11/17 9:03 AM
TN State Bar status verified as active for Michael G. Stewart admitted to this court . (ln) |
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| Wednesday, November 16, 2022 | ||
| 34 | 34
notice
Notice of Appearance
Wed 11/16 10:43 AM
NOTICE of Appearance by Michael G. Stewart on behalf of Southern Operators Health Fund (Stewart, Michael) |
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| Thursday, November 10, 2022 | ||
| 33 | 33
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pgs
order
Order ~Util - Set Hearings
Thu 11/10 9:38 AM
ORDER: The court is in the midst of conducting a jury trial. It is therefore ORDERED that the show cause hearing scheduled for today, November 10, 2022 is hereby RESET for Friday, November 18, 2022 at 4:00 p.m. The plaintiff shall give notice of this rescheduling immediately to the defendant. Signed by District Judge Aleta A. Trauger on 11/10/2022. (ds) |
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| Monday, October 03, 2022 | ||
| 32 | 32
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pgs
order
Order to Show Cause Order Reopening Case ~Util - Terminate Motions
Mon 10/03 12:24 PM
ORDER: Upon consideration thereof, Defendant has failed to timely submit monthly payroll reports and contributions to Plaintiff as required by this Court's Order of March 22, 2019 (Docket Entry No.25 ) and for this good and reasonable cause, Plaintiff's motion31 is GRANTED. Dana B. Jewell, President of Dynamic Concrete Pumping, Inc., shall appear in this Court on November 10, 2022 at 4:00 p.m. (CST) to show cause why monthly reports and contributions have not been timely submitted to Plaintiff, as required. The Clerk is directed to administratively reopen this civil action, mail, and email a copy of this order to Dana B. Jewell, Dynamic Concrete Pumping, Inc., 3052 Leon Road, P.O. Box 19157, Jacksonville, FL 32246; dynamicconcretepumpinginc@gmail.com. Signed by District Judge Aleta A. Trauger on 10/3/2022. (xc: Copy of Order mailed and emailed to Dana B. Jewell.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ln) |
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| Monday, September 19, 2022 | ||
| 31 | 31
motion
Reopen Case
Mon 09/19 2:42 PM
MOTION to Reopen Case And For Order to Show Cause by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment [proposed] Order granting
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Att: 31
Motion to Reopen and for Order to Show Cause
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| Friday, July 08, 2022 | ||
| 30 | 30
2
pgs
order
Order Administratively Closing Case ~Util - Terminate Motions
Fri 07/08 3:55 PM
ORDER ADMINISTRATIVELY CLOSING CASE: The Southern Operators Health Fund ("Plaintiff") has moved the Court to cancel the show cause hearing set for July 15, 2022 at 4:00 p.m. (Docket Entry No.29 ) on the basis that Plaintiff and Dynamic Concrete Pumping, Inc. ("Defendant") have resolved all outstanding differences as Defendant has paid all delinquent contributions. Plaintiff's motion is granted, and the Clerk is directed to administratively close this civil action, subject to reopening in the event Defendant fails to comply with the permanent injunction. The Clerk is directed to forward a copy of this Order to Dynamic Concrete Pumping, Inc., Dana B. Jewell, President, P.O. Box 19157, 3052 Leon Road, Jacksonville, Florida 32246; ynamicconcretepumpinginc@gmail.com. Signed by District Judge Aleta A. Trauger on 7/8/2022. (xc: a copy of this Order by regular mail to Dynamic Concrete Pumping, Inc., Dana B. Jewell, President, P.O. Box 19157, 3052 Leon Road, Jacksonville, Florida 32246.) (mg) |
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| Thursday, July 07, 2022 | ||
| 29 | 29
motion
Miscellaneous Relief
Thu 07/07 12:10 PM
MOTION to Cancel Show Cause Hearing And Administratively Close Civil Action by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment proposed Order Granting
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Att: 29
Plaintiff's Motion to Cancel Show Cause Hearing and Administratively Close Civil Action
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| Thursday, June 23, 2022 | ||
| 28 | 28
1
pgs
order
Order 1 - Terminate Hearings ~Util - Set Hearings
Thu 06/23 1:12 PM
ORDER: It is hereby ORDERED that the show cause hearing in this case set for July 7, 2022 is RESET for Friday, July 15, 2022 at 4:00 p.m. Signed by District Judge Aleta A. Trauger on 6/23/2022. (ln) |
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| Tuesday, May 24, 2022 | ||
| 27 | 27
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pgs
order
Order Reopening Case ~Util - Terminate Motions Order to Show Cause
Tue 05/24 11:05 AM
ORDER: Presently pending before the Court is Plaintiff's motion to reopen this civil action and set a show cause hearing. Upon consideration thereof, Defendant has failed to timely submit monthly payroll reports and contributions to Plaintiff as required by this Court's Order of March 22, 2019 (Docket Entry No.25 ) and for this good and reasonable cause, Plaintiff's motion26 is GRANTED. Dana B. Jewell, President of Dynamic Concrete Pumping, Inc., shall appear in this Court on July 7, 2022 at 4:00 p.m. (CST) to show cause why monthly reports and contributions have not been timely submitted to Plaintiff, as required. The Clerk is directed to administratively reopen this civil action, mail, and email a copy of this order to Dana B. Jewell, Dynamic Concrete Pumping, Inc., 3052 Leon Road, P.O. Box 19157, Jacksonville, FL 32246; dynamicconcretepumpinginc@gmail.com. Signed by District Judge Aleta A. Trauger on 5/24/2022. (xc: Copy of Order mailed via regular mail and emailed to Dana B. Jewell at addresses provided in Order.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ln) |
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| Monday, May 23, 2022 | ||
| 26 | 26
motion
Reopen Case
Mon 05/23 2:39 PM
MOTION to Reopen Case And For an Order to Show Cause by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment 22-05-23 [proposed] ORDER Granting
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Att: 26
Motion to Reopen And For an Order to Show Cause.pdf
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| Friday, March 22, 2019 | ||
| 25 | 25
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pgs
order
Order Dismissing Case
Fri 03/22 2:56 PM
ORDER GRANTING MOTION TO ENTER PERMANENT INJUNCTION AS FINAL ORDER: The Southern Operators Health Fund filed a motion23 to enter a permanent injunction as prayed for in the complaint as a final judgment in this civil action, and Defendant has agreed to the substance and form of the permanent injunction and final order. Under the circumstances, the motion is granted, and Dynamic Concrete Pumping, Inc. is hereby permanently enjoined to timely pay contributions and submit payroll reports to the Sheet Metal Workers National Health Fund as required by 29 U.S.C. § 1145. Signed by District Judge Aleta A. Trauger on 3/22/2019. (mg) Modified text on 3/22/2019 (mg) |
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| 24 | 24
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pgs
order
Order on Motion for Permanent Injunction
Fri 03/22 12:56 PM
ORDER granting23 Motion for Permanent Injunction and Entry of Final Order. Signed by District Judge Aleta A. Trauger on 3/22/2019. (mg) |
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| 23 | 23
motion
Permanent Injunction
Fri 03/22 8:17 AM
MOTION for Permanent Injunction as Final Order by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment Order Granting Motion to Enter Permanent Injunction as Final Order
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| Wednesday, March 13, 2019 | ||
| 22 | 22
misc
Transcript
Wed 03/13 10:07 AM
Transcript filed for date of March 1, 2019, before Judge Aleta A. Trauger. Court Reporter: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 3/20/2019. Redaction Request due 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (RH) |
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| Monday, March 04, 2019 | ||
| 21 | 21
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pgs
order
Order
Mon 03/04 10:58 AM
ORDER: A show cause hearing was scheduled in this case for March 1, 2019 at 4:00 p.m. By 4:35 p.m. on that date, no one on behalf of the defendant had appeared for the hearing. No civil or contempt citation was issued, and the court suggested that the plaintiff pursue standard civil discovery and remedy procedure going forward. Signed by District Judge Aleta A. Trauger on 3/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) |
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| Friday, March 01, 2019 | ||
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misc
Annotation - Bar Status
Fri 03/01 10:13 AM
TN State Bar status verified as active for Anthony A. Orlandi and Tricia Herzfeld. (mg) |
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minutes
Show Cause Hearing
Mon 03/04 8:36 AM
Minute Entry for proceedings held before District Judge Aleta A. Trauger: Show Cause Hearing held on 3/1/2019. Defendant did not appear. Order to enter. (kb) |
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| Thursday, February 28, 2019 | ||
| 20 | 20
notice
Notice of Appearance
Thu 02/28 3:05 PM
NOTICE of Appearance by Tricia Herzfeld on behalf of Southern Operators Health Fund (Herzfeld, Tricia) |
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| 19 | 19
notice
Notice of Appearance
Thu 02/28 2:48 PM
NOTICE of Appearance by Anthony A. Orlandi on behalf of Southern Operators Health Fund (Orlandi, Anthony) |
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| Friday, January 25, 2019 | ||
| 18 | 18
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pgs
order
Order ~Util - Terminate Motions ~Util - Set Hearings
Fri 01/25 4:44 PM
ORDER: Motion17 GRANTED. The show cause hearing is RESET for 3/1/2019 at 4:00 p.m. Signed by District Judge Aleta A. Trauger on 1/25/2019. (mg) |
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| 17 | 17
motion
Continue
Fri 01/25 4:15 PM
MOTION to Continue Show Cause Hearing by Southern Operators Health Fund. (Jennings, R.) |
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| Thursday, December 27, 2018 | ||
| 16 | 16
3
pgs
order
Order to Show Cause ~Util - Case Reopened ~Util - Terminate Motions
Thu 12/27 3:57 PM
ORDER TO SHOW CAUSE: Plaintiff's motion is GRANTED. The Clerk is directed to administratively reopen this civil action. Dana B. Jewell, President of Dynamic Concrete Pumping, Inc., shall appear in this Court on January 31, 2019 at 4:00 a.m. (CST) to show cause why monthly reports and contributions have not been timely submitted to Plaintiff, as required. The Clerk is directed to mail a copy of this order by regular and certified mail to Dana B. Jewell, Dynamic Concrete Pumping, Inc., 3052 Leon Road, Jacksonville, FL 32246. Signed by District Judge Aleta A. Trauger on 12/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (jw) |
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| Wednesday, December 26, 2018 | ||
| 15 | 15
motion
Reopen Case
Wed 12/26 2:44 PM
MOTION to Reopen Case by Southern Operators Health Fund.(Jennings, R.) |
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Att: 1
Attachment March 4, 2016 Order dismissing case with permanent injunction,
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Att: 2
Attachment proposed Order granting plaintiff's motion
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| Friday, March 04, 2016 | ||
| 14 | 14
order
Order Dismissing Case
Fri 03/04 2:17 PM
AGREED ORDER: It appearing to the satisfaction of the Court, as evidenced by signatures of counsel for the respective parties, the parties have agreed upon a settlement and compromise of this action, this civil action is dismissed. The Defendant Dynamic Concrete Pumping, 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 Clerk is directed to administratively close this civil action. Signed by District Judge Aleta A. Trauger on 3/4/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
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| Thursday, March 03, 2016 | ||
| 13 | 13
notice
Notice of Filing
Thu 03/03 1:49 PM
NOTICE of Filing by Southern Operators Health Fund(Jennings, R.) |
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Att: 1
Attachment agreed order dismissing case with permanent injunction
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| Thursday, January 28, 2016 | ||
| 12 | 12
service
Green Card Returned
Fri 01/29 9:24 AM
GREEN CARD RETURNED Executed as to Dynamic Concrete Pumping, Inc. (am) |
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| Friday, January 15, 2016 | ||
| 11 | 11
service
Green Card Returned
Tue 01/19 9:42 AM
GREEN CARD RETURNED Executed as to Dyanmic Concrete Pumping, Inc.9 Order on Motion for Entry of Default. (am) |
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| Wednesday, January 06, 2016 | ||
| 10 | 10
misc
Certified Mail Receipt
Wed 01/06 4:08 PM
CERTIFIED MAIL RECEIPT re9 Order. (am) |
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| Tuesday, December 29, 2015 | ||
| 9 | 9
order
Order on Motion for Entry of Default
Tue 12/29 8:41 AM
ENTRY OF DEFAULT: The Clerk hereby enters default pursuant to FRCP 55(a) against Defendant Dynamic Concrete Pumping, 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 on 12/29/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
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| Tuesday, December 22, 2015 | ||
| 8 | 8
order
Order on Motion to Continue
Tue 12/22 2:01 PM
ORDER granting7 Motion to Continue Case Management Conference. Signed by District Judge Aleta A. Trauger on 12/22/15. (am) |
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| Monday, December 21, 2015 | ||
| 7 | 7
motion
Continue
Mon 12/21 2:00 PM
MOTION to Continue case management conference by Southern Operators Health Fund. (Jennings, R.) |
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| Tuesday, December 08, 2015 | ||
| 6 | 6
motion
Entry of Default
Tue 12/08 1:51 PM
MOTION for Entry of Default of Dynamic Concrete Pumping, Inc. by Southern Operators Health Fund. (Jennings, R.) |
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| Thursday, November 19, 2015 | ||
| 5 | 5
service
Summons Returned Executed
Thu 11/19 3:23 PM
SUMMONS returned executed by Southern Operators Health Fund. Dynamic Concrete Pumping, Inc. served on 11/16/2015. (Jennings, R.) |
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| Monday, November 09, 2015 | ||
| 4 | 4
notice
Notice of Case Management Conference
Mon 11/09 3:03 PM
NOTICE of Initial Case Management Conference set for 2/8/2016 at 01:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (am) |
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| 3 | 3
notice
Notice of Corporate Disclosure Statement
Mon 11/09 3:01 PM
NOTICE of Corporate Disclosure Statement filing requirement. (am) |
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| 2 | 2
service
Summons Issued
Mon 11/09 3:00 PM
Summons issued as to Dynamic Concrete Pumping, Inc. (Summons sent to Attorney by regular mail.) (am) |
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| 1 | 1
cmp
Complaint
Mon 11/09 2:50 PM
COMPLAINT against Dynamic Concrete Pumping, Inc. (Filing fee $400, Receipt number 0650-2091773), filed by Southern Operators Health Fund.(am) |
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Att: 1
Attachment - Civil Cover Sheet
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misc
Docket Annotation
Mon 11/09 3:05 PM
BAR STATUS FOR ATTORNEY R.JAN JENNINGS of TN verified active on this date. (am) |
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