SHORT et al v. HARTWIG & SPAGNA CONCRETE, INC.

Filing 10

FINDINGS OF FACT AND CONCLUSIONS OF LAW and PRELIMINARY INJUNCTION (See Order). Signed by Judge Sarah Evans Barker on 7/2/2009.(MAC) Modified on 7/7/2009 (MAC). (CORRECTED DOCUMENT REFER TO 12 )

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF INDIANA IN D IA N A P O L IS DIVISION M IC H A E L J. SHORT, TRUSTEE, et. al. P la in tif f s , v. H A R T W IG & SPAGNA CONCRETE, INC. D e f e n d a n t. ) ) ) ) ) CAUSE NO.: 1:09-cv-0618-SEB-DML ) ) ) )

O R D E R ON PRELIMINARY INJUNCTION T h is matter is before the Court on the Motion for Preliminary Injunction as filed by P la in tif f s , which Motion is in the following words and phrases, to-wit: (H .I .) A n d the Court, being duly advised in the premises, and having made certain findings of fact a n d conclusions of law as to the Motion, which it files herewith, hereby GRANTS said M o tio n . IT IS HEREBY ORDERED that Defendant, Hartwig & Spagna Concrete, Inc., is P R E L IM IN A R IL Y ENJOINED as follows: D e f e n d a n t, Hartwig & Spagna Concrete, Inc., its agents, servants, employees, and all p e rs o n s in active counsel and in participation with it, are preliminarily enjoined from failing a n d /o r refusing to make timely payment of monies due Plaintiff Funds on behalf of all of D e f e n d a n t's employees for whom contributions are required under the aforementioned c o lle c tiv e bargaining agreements, beginning with the contributions for work performed in

the month of June, 2009. All future contributions will be paid on or before their due date on th e basis specified in any collective bargaining agreement between the LIUNA, Indiana D is tric t Council, and the Defendant. Theahearing ____ day of ________________, 2009. D te d this on Plaintiff's Motion for Preliminary Injunction, previously scheduled for Tuesday, July 7, 2009, is VACATED.

Date: 07/02/2009

______________________________________ _______________________________ J u d g e , UnitedSARAH EVANS BARKER, JUDGE States District Court
United States District Court Southern District of Indiana

C o p ie s to:

F re d e ric k W. Dennerline, III F IL L E N W A R T H DENNERLINE GROTH & TOWE, LLP S u ite 200, 429 E. Vermont Street In d ia n a p o lis , Indiana 46202 E -m a il: [e-mail] D a v id C. Appel 2 6 2 1 Chicago Street, Unit B V a lp a ra iso , IN 46383 E -m a il: [e-mail]
p/167a/md