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15-713 - Iron Workers St. Louis District Council Annuity Trust et al v. United Ironworkers, Inc.


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15-713 - Iron Workers St. Louis District Council Annuity Trust et al v. United Ironworkers, Inc.
August 13, 2015
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendant's motion to dismiss or, in the alternative, for a more definite statement is GRANTED in part and DENIED in part. (Doc. No. 13.) The motion is GRANTED to the extent it seeks a more definite statement of the contracts at issue and the time periods they cover, and the motion is DENIED in all other respects. IT IS FURTHER ORDERED that on or before August 27, 2015, Plaintiffs shall file an amended complaint that specifically identifies the contracts at issue and the time periods they cover. Failure to do so may result in the dismissal of Plaintiffs' complaint. ( Amended/Supplemental Pleadings due by 8/27/2015.) Signed by District Judge Audrey G. Fleissig on 8/13/2015. (NEB)
September 8, 2016
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Union Ironworkers, Inc.'s motion for partial summary judgment is GRANTED in part, as to alleged delinquent contributions, liquidated damages, and interest for bonuses, hours worked by Eugene Edwards and Gerry Edwards, and hours worked by ironworkers in Indiana. Defendant's motion is otherwise DENIED. (Doc. No. 42.) IT IS FURTHER ORDERED that Plaintiffs motion for summary judgment is DENIED in part, to the extent Defendant's motion is granted, and is otherwise GRANTED. (Doc. No. 45.) IT IS FURTHER ORDERED that the parties shall confer, and within 14 days of the date of this Memorandum and Order, submit their agreed or respective positions as to the amount of the alleged delinquent contributions, liquidated damages, and interest for bonuses, hours worked by Eugene Edwards and Gerry Edwards, and hours worked by ironworkers in Indiana, to be deducted from Plaintiffs' requested damages. The Court will enter final judgment after resolving this issue. IT IS FURTHER ORDERED that Plaintiffs' request for an Order compelling a further audit is GRANTED. Defendant shall submit its payroll registers and other documents needed to perform an audit for the period of July 1, 2014 to the present, within 30 days of the date of this Memorandum and Order, pursuant to the procedures set forth in the parties' agreements. Signed by District Judge Audrey G. Fleissig on 9/8/16. (KXS)
September 26, 2016
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that summary judgment is entered on behalf of Plaintiffs and against Defendant in the amount of $95,854.99. IT IS FURTHER ORDERED that Plaintiffs request for audit costs shall be made by separate motion, with any supporting documentary evidence, within 21 days after the date of this Order. Defendant may file an opposition brief within 14 days after being served with the motion, and any reply shall be due within 7 days thereafter. IT IS FURTHER ORDERED that any motion for attorneys fees shall be filed in accordance with the deadlines set forth in Local Rule 8.02. IT IS FURTHER ORDERED that the trial setting of October 11, 2016 is VACATED. Signed by District Judge Audrey G. Fleissig on 9/26/2016. (NEB)
December 9, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion (Doc. No. 60) for attorney's fees, costs, and audit costs is GRANTED in the following amounts: $28,343.34 in attorneys fees, $16,563.10 in audit costs, and $1,931.22 in court costs. These amounts shall be added to the Courts prior award of summary judgment in favor of Plaintiffs in the amount of $95,854.99. IT IS FURTHER ORDERED that Defendants motion for attorneys fees is DENIED. (Doc. No. 61.) All claims against all parties having been resolved, a separate Judgment, showing Defendants full liability of $142,692.65, shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 12/9/2016. (NEB)