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12-1870 - THARP et al v. CATRON INTERIOR SYSTEMS, INC


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12-1870 - THARP et al v. CATRON INTERIOR SYSTEMS, INC
September 10, 2014
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ORDER granting Plaintiffs' 32 Motion for Summary Judgment and denying Catron's 22 Motion for Summary Judgment. It is hereby ordered that Catron grant plaintiffs' payroll auditor access to all records necessary to complete the audit. Within 30 days of the completed audit, the parties are ORDERED to file a status report with the Court containing the results of the audit. If necessary, the Court will address any delinquent contributions or deductions, fees, and costs within a reasonable time. Signed by Judge Tanya Walton Pratt on 9/10/2014. (CBU)
October 15, 2014
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ORDER denying 38 Motion to Alter or Amend Judgment. Signed by Judge Tanya Walton Pratt on 10/15/2014. (CBU)
August 19, 2015
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ORDER denying 55 Motion to Consolidate Cases. Signed by Judge Tanya Walton Pratt on 8/19/2015. (CBU)
March 2, 2016
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ENTRY FOLLOWING DAMAGES HEARING - Catron is liable to the Plaintiffs for delinquent Union dues, contributions, deductions, interest, and liquidated damages in the amount of $6,399.48 and for delinquent contributions, interest, liquidated damages, and auditor fees in the amount of $111,340.67 for the period of January 1, 2011 through December 31, 2012, totaling $117,740.15. This amount of liability is offset by the amount owed to Catron under the market recovery fund grants, totaling $95,367.50. Therefore, Catron's total liability to the Plaintiffs for the period of January 1, 2011 through December 31, 2012 is $22,372.65. Pursuant to 29 U.S.C. ยง1132(g)(2), the Plaintiffs also are entitled to their reasonable attorney's fees and costs of this action. If these fees and costs are sought, the Plaintiffs must file an accounting of the fees and costs within fourteen (14) days of the date of this Order. Final judgment will issue under separate order. Signed by Judge Tanya Walton Pratt on 3/3/2016.(JLS)
December 12, 2016
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ENTRY ON MOTION FOR RECONSIDERATION AND MOTION TO STRIKE SURREPLY - For the foregoing reasons, the Plaintiffs' Motion for Reconsideration (Filing No. 78) is set for hearing on Tuesday, February 21, 2017 at 10:00 a.m., at the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana, Courtroom #344. Catron is granted leave to amend its Answer within twenty-one (21) days of the date of this Entry to assert a counterclaim for setoff based on the market recovery fund grants, and the Plaintiffs' Motion to Strike Catron's Surreply Brief is denied. (See Entry.) Signed by Judge Tanya Walton Pratt on 12/12/2016.(JLS)
March 23, 2017
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ORDER granting 78 Motion for Reconsideration re 74 Entry Following Damages Hearing to remove Catron's setoff that was applied against the Plaintiffs' damages award and to award the full amount of the claimed unpaid contributions and deductions owed to the Union with an $8.14 reduction. Therefore, Catron's total liability to the Plaintiffs for the period of January 1, 2011 through December 31, 2012 is $122,042.98. Final judgment will issue under separate order. Signed by Judge Tanya Walton Pratt on 3/23/2017. (CBU)
March 23, 2017
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CLOSED JUDGMENT in favor of the Plaintiffs for an award of $122,042.98. Judgment is entered accordingly, and this action is TERMINATED. Signed by Judge Tanya Walton Pratt on 3/23/2017.(CBU)
February 12, 2018
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or Systems, Inc. See order for details. Signed by Judge Tanya Walton Pratt on 2/12/2018. (MEJ)ORDER - 107 Motion for Attorney Fees is granted. The Plaintiffs are awarded their attorney fees in the amount of $54,062.50 and their costs in the amount of $650.55, for a total award of $54,713.05 against Defendant Catron Interi