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14-1742 - INDIANA STATE COUNCIL OF CARPENTERS FUND v. SCHENKEL AND SONS INC et al


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14-1742 - INDIANA STATE COUNCIL OF CARPENTERS FUND v. SCHENKEL AND SONS INC et al
March 13, 2015
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ORDER granting in part and denying in part Defendants' 33 Motion to Stay this lawsuit pending the outcome of the arbitration. The court STAYS adjudication of Construction's potential joint liability with Sons for interim withdrawal payments. The Fund may, if desired, seek relief from the court against Sons with respect to interim withdrawal payments. Signed by Magistrate Judge Debra McVicker Lynch on 3/13/2015. (BGT)
February 23, 2017
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ENTRY ON DEFENDANT'S MOTION TO DISMISS AND REQUEST FOR ATTORNEYS' FEES - The case and controversy between the Fund and Schenkel was fully resolved by the arbitrator's decision, thereby mooting this litigation and depriving this Court of jurisdiction. Therefore, the Court GRANTS Schenkel's Motion to Dismiss and Request for Attorneys' Fees (Filing No. 42). For the reasons explained in the arbitrator's decision, see Filing No. 43-1 at 20-22, the Court declines to award Schenkel its attorney fees, as requested in its Motion to Dismiss. Final judgment will issue under separate order. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/23/2017. (JLS)