Southern Bakeries, LLC v. Bakery, Confectionary, Tobacco Workers and Grain Millers International, Local No. 111

Filing 37

JUDGMENT denying 32 Motion to Strike; denying 19 Motion for Summary Judgment; granting 22 Motion for Summary Judgment. Signed by Honorable Susan O. Hickey on February 27, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SOUTHERN BAKERIES, LLC V. PLAINTIFF Case No. 4:12-CV-4071 BAKERY, CONFECTIONARY, TOBACCO WORKERS AND GRAIN MILLERS INTERNATIONAL, LOCAL NO. 111 DEFENDANT JUDGMENT This matter comes before the Court upon cross motions for summary judgment filed by Plaintiff Southern Bakeries, LLC and Defendant Bakery, Confectionary, Tobacco Workers and Grain Millers International, Local No. 111. ECF Nos. 19 and 22. For the reasons set forth in the Memorandum Opinion of even date, the Court finds that Defendant’s Motion for Summary Judgment (ECF No. 22) should be and hereby is GRANTED. The Court further finds that Plaintiff’s Motion for Summary Judgment (ECF No. 19) should be and hereby is DENIED. The Court upholds the April 10, 2012 arbitration decision. Defendant asserts in a reply brief that it should be awarded costs and attorney’s fees but has not filed a formal motion requesting such. This issue is not before the Court, and Plaintiff’s Motion to Strike this issue from the reply brief is DENIED. ECF No. 32. Should Defendant file a motion for attorney’s fees, Plaintiff will have the opportunity to respond. IT IS SO ORDERED, this 27th day of February, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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