Robert Moore, et al v. Menasha Corporation


Per Curiam OPINION filed: The district court's determination of fees and costs is VACATED and REMANDED for further proceedings consistent with our dispostion of cases 10-2171 and 10-2173, decision not for publication pursuant to local rule 206. Eric L. Clay and Raymond M. Kethledge, Circuit Judges and Robert M. Dow , Jr., U.S. District Judge for the Northern District of IL. [11-1422, 11-1423]

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Case: 11-1422 Document: 006111409259 Filed: 08/22/2012 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a0933n.06 Nos. 11-1422; 11-1423 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ROBERT MOORE, et al., FILED Aug 22, 2012 Plaintiffs-Appellants; Cross-Appellees, v. LEONARD GREEN, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN MENASHA CORPORATION., Defendant-Appellee; Cross-Appellant. / BEFORE: CLAY and KETHLEDGE, Circuit Judges; DOW, District Judge.* PER CURIAM. In this companion case to Case Nos. 10-2171; 10-2173, the parties crossappeal a decision by the district court awarding attorney’s fees and costs in the amount of $125,000 to Plaintiffs and $45,000 to Defendant in relation to Plaintiffs’ action alleging that Defendant violated Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and Section 502(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132. See Moore v. Menasha Corp., No. 1:08-cv-1167, 2011 WL 811150, at *1 (W.D. Mich. March 1, 2011). In light of our opinion reversing the district court’s judgment in Nos. 10-2171 and 10-2173, we also hereby VACATE the district court’s determination of fees and costs in Nos. 11-1422 and 11-1423 and REMAND for further proceedings consistent with our disposition of Nos. 10-2171 and 10-2173. * The Honorable Robert M. Dow, Jr., United States District Judge for the Northern District of Illinois, sitting by designation.

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