Trustees of the Teamsters Union Pension Trust Fund v. IB&B LLC et al

Filing 46

OPINION AND ORDER denying 38 Motion for Summary Judgment. This case remains set for a two-day bench trial commencing at 9:30 a.m. (C.D.T.) on Thursday, April 17, 2014, in Hammond. Signed by Judge Robert L Miller, Jr on 3/12/2014. (rmn)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
TRUSTEES OF TEAMSTERS UNION
NO. 142 PENSION TRUST FUND,
Plaintiff
vs.
IB&B, LLC, d/b/a ILLIANA BLOCK &
BRICK, INC.; CRISTER COMPANIES,
INC.; and GARY MATERIAL SUPPLY,
INC.,
Defendants

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CAUSE NO. 2:12-CV-422 RLM

OPINION and ORDER
This cause is before the court on the motion of Trustees of Teamsters Union
No. 142 Pension Trust Fund for summary judgment on its claims against the
defendants. Defendant Gary Material Supply, Inc. filed its response to the motion,
and the case has been stayed as to defendant IB&B, Inc., d/b/a Illiana Block &
Brick, Inc., based on that company’s filing of bankruptcy. Based on a review of the
summary judgment record, the court concludes that a material question of fact
exists as to the effective date of IB&B’s withdrawal from the union, which
precludes resolution of the appropriateness of the withdrawal liability assessment
and the issue of the common ownership of the defendant companies. Accordingly,
the court DENIES the Trust Fund’s motion for summary judgment [docket # 38].

This case remains set for a two-day bench trial commencing at 9:30 a.m.
(C.D.T.) on Thursday, April 17, 2014, in Hammond.
SO ORDERED.
ENTERED:

March 12, 2014
/s/ Robert L. Miller, Jr.
Judge, United States District Court

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