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Employers and Operating Engineers Local 520 Pension Fund v. Moniger Excavating Co.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 14, 2009

EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, ET AL., PLAINTIFFS,
v.
MONIGER EXCAVATING COMPANY, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

In their amended complaint (Doc. 21), Employers and Operating Engineers Local 520 Pension Fund and its trustees ("the Pension Fund") seek to recover liquidated damages (Count 1) and delinquent contributions (Count 2) allegedly owed by Moniger Excavating Company. Moniger wants a jury trial; the Pension Fund wants the jury demand stricken.

The Pension Fund has already filed a motion for summary judgment on the claims in Count 1 (Doc. 24), and the Court stayed briefing on the motion to allow Moniger time to conduct some discovery on the issues presented by Count 1 (see Docs. 26, 27). Now the Pension Fund seeks leave to file a second amended complaint. Moniger opposes the amendment on a technicality, but asks that if the motion is granted, the current presumptive trial month be extended.

Because the Court finds that the amendment should be allowed, it GRANTS the motion for leave to file a second amended complaint (Doc. 40); the second amended complaint shall be filed on or before October 1, 2009. The Court also extends the presumptive trial month from February 2010 to July 2010. Discovery shall be completed by March 9, 2010; dispositive motions shall be filed by March 23, 2010.

Finally, the Court DENIES the motion for summary judgment on Count 1 of Plaintiffs' first amended complaint (Doc. 24) without prejudice to refiling it as to the second amended complaint and DENIES the motion to strike jury demand (Doc. 30) without prejudice to refiling if Moniger renews its demand for a jury trial on any claims in the second amended complaint.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge

20090914

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