Johnson et al v. Charps Welding & Fabricating, Inc. et al

Filing 231

ORDER ADOPTING 218 Report and Recommendation; OVERRULING 220 and 221 Objections; GRANTING IN PART AND DENYING IN PART 169 Motion for Summary Judgment. (Written Opinion). Signed by Senior Judge Paul A. Magnuson on 10/2/17. (KLL)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Glen Johnson, et al., Plaintiffs, Civ. No. 14-2081 (RHK/LIB) ORDER v. Charps Welding & Fabricating, Inc., et al., Defendants. This matter is before the Court on the July 26, 2017 Report and Recommendation (R&R) (Docket No. 218) of Magistrate Judge Brisbois, recommending that Plaintiffs’ Motion for Summary Judgment (Docket No. 169) be granted in part and denied in part. Plaintiffs and Defendants have each objected to the R&R. (Docket Nos. 220, 221.) Having carefully reviewed de novo the underlying Motion, the R&R, and the Objections, the Court finds the R&R fully supported by controlling legal principles and the facts of this case. Based on the foregoing, and all the files, records, and proceedings herein, IT IS ORDERED: 1. The Objections (Docket No. 220, 221) are OVERRULED; 2. The R&R (Docket No. 218) is ADOPTED in its entirety; and 3. Plaintiffs’ Motion for Summary Judgment (Docket No. 169) is GRANTED IN PART and DENIED IN PART. Specifically, the Motion is GRANTED as to Defendant Charpentier’s personal liability for contributions due and owing from Defendant Charps Welding & Fabricating, Inc. to the Health & Welfare Fund, as set forth in more detail in the R&R. In all other respects, the Motion is DENIED. Date: October 2, 2017 s/Paul A. Magnuson PAUL A. MAGNUSON United States District Judge -2-

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