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14-765 - Gesualdi et al v. Scara-Mix, Inc.,


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14-765 - Gesualdi et al v. Scara-Mix, Inc.,
March 10, 2017
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 64) is ADOPTED in its entirety. Plaintiffs' motion for partial summary judgment (Docket Entry 51) is GRANTED IN PART and DENIED IN PART. Specifically, Defendant is directed to make an accelerated payment of the entire withdrawal liability amount allegedly due based on its default within twenty (20) days of the date of this Memorandum and Order, subject to a final determination by the arbitrator. Further, the determination on Plaintiffs' request for damages and attorneys' fees and costs will be held in abeyance pending the submission of a separate motion. Plaintiffs shall file such motion within thirty (30) days of the date of this Memorandum and Order. So Ordered by Judge Joanna Seybert on 3/10/2017. C/ECF (Valle, Christine)
November 17, 2017
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MEMORANDUM AND ORDER granting 70 Motion for Partial Summary Judgment; denying 73 Motion for Writ; denying 86 Motion to Dismiss for Lack of Jurisdiction; For the foregoing reasons, Defendant's motion to dismiss (Docket Entry 86) is DENIED, Plaintiffs' motion seeking damages (Docket Entry 70) is GRANTED, and Plaintiffs' motion for a writ of attachment (Docket Entry 73) is DENIED. The Clerk of the Court is directed to enter judgment in favor of Plaintiffs as set forth herein. So Ordered by Judge Joanna Seybert on 11/17/2017. C/ECF (Valle, Christine)