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14-1812 - Painters District Council No. 58 et al v. RDB Universal Services, LLC et al


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14-1812 - Painters District Council No. 58 et al v. RDB Universal Services, LLC et al
July 15, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Defendants' "Motion for Leave to File Counterclaim" [ECF No. 33] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall file an Answer to the counterclaims within twenty days. Signed by District Judge E. Richard Webber on 07/15/2015. (CBL)
September 17, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion to Dismiss Defendants' Counterclaim or for a more definitive statement [ECF No. 38] is DENIED. IT IS FURTHER ORDERED that Plaintiff shall file an answer or other responsive pleadings to Defendants' counterclaims within ten (10) days. Signed by District Judge E. Richard Webber on 9/17/2015. (CBL)
April 6, 2016
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs Motion for Summary Judgment is hereby GRANTED in PART and DENIED in part. [ECF No. 48].IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment is GRANTED, on the issue of whether Defendant RDB Universal is bound to a Collective Bargaining Agreement as explained in the above memorandum. IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment is GRANTED, finding Defendants Deloris Berry and Relder Berry are bound as individuals through the terms of the Guaranty referenced in the above memorandum. [ECF No. 49-13].IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment on Defendants counterclaims of tortious interference and breach of contract are DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Summary Judgment is GRANTED on Defendants' Relder Berry and Deloris Berry counterclaims of money had and received, and DENIED for Defendant RDB Universals counterclaim of money had and received. IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment in all other respects relating to their claims is DENIED. IT IS FURTHER ORDERED that Defendants' Demand for a Trial by Jury is hereby DENIED. [ECF No. 34]. Signed by District Judge E. Richard Webber on 4/6/16. (EAB)
August 16, 2016
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED Plaintiffs' Motion for Reconsideration and to Clarify Court's Order Granting and Denying Plaintiffs' Motion for Summary Judgment in Part [ECF No. 71] is hereby GRANTED in PART and DENIED in part. IT IS FURTHER ORDERED Plaintiffs' Motion for Reconsideration, on the issue of the specific CBA in effect does not affect Defendants liability is DENIED. IT IS FURTHER ORDERED Plaintiffs' Motion for Reconsideration, on the issue of a renewed audit by Plaintiffs is DENIED. IT IS FURTHER ORDERED Plaintiffs' Motion for Reconsideration, on whether Plaintiffs' Motion for Summary Judgment is granted or denied with respect to Defendants' claims of tortious interference of contract or business expectancy and breach of contract is GRANTED [ECF No. 71], and after reconsideration, Plaintiffs' Motion for Summary Judgment is GRANTED with respect to Defendants' claims of tortious interference of contract or business expectancy and breach of contract. [ECF No. 48]. IT IS FURTHER ORDERED Plaintiffs' Motion for Reconsideration, with respect to Summary Judgment of RDB's counterclaim of money had and received is GRANTED [ECF No. 71], and after reconsideration, Plaintiffs' Motion for Summary Judgment is GRANTED with respect to RDB's counterclaim of money had and received. [ECF No. 48]. Signed by District Judge E. Richard Webber on 8/16/2016. (CBL)
May 24, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that judgment shall be entered on behalf of Plaintiffs and against Defendant RDB Universal Services, LLC, as follows; IT IS ORDERED that Defendant RDB Universal Services, LLC shall pay Plaintiffs $271,271.69; IT IS FURTHER ORDERED that Plaintiffs shall inform the Court within twenty days of this order whether they wish to dismiss this action against Defendants Deloris and Relder Berry or proceed in a different manner; IT IS FURTHER ORDERED that Defendant RDB Universal Services, LLC shall pay Plaintiffs attorneys fees and costs, the amount to be determined by the Court after Plaintiff has filed appropriate supporting documents.An Order of Judgment will be issued together with this Memorandum and Order. Signed by District Judge E. Richard Webber on May 24, 2017. (MCB)
September 14, 2017
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs Motion for Attorneys' Fees and Costs [ECF No. 113] is GRANTED and Plaintiffs shall be awarded attorneys' fees in the amount of $75,965.45 and costs in the amount of $2,417.26. Signed by District Judge E. Richard Webber on 9/14/17. (EAB)