Trustees of the National Automatic Sprinkler Industry Welfare Fund et al v. Security Fire Protection et al

Filing 65

ORDERED: 1. The parties' cross-motions for summary judgment are DENIED. 2. Parties shall have up to and including September 21, 2018, to file a joint stipulation. (See order for complete details on joint stipulation) Signed by Judge Sam E Haddon on 9/4/2018. (HEG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION FILED SEP O4 2018 TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND, TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER LOCAL 669 UA EDUCATION FUND, TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND, TRUSTEES OF THE SPRINKLER INDUSTRY SUPPLEMENTAL PENSION FUND AND ROAD SPRINKLER FILLERS LOCAL UNION 669 WORK ASSESSMENTS 8000 Corporate Drive Landover, MD 20785 Plaintiffs, V. SECURITY FIRE PROTECTION, INC., PO Box 5868 Helena, MT 59604 and KEVIN BRICENO 1101 Chestnut St. PO Box 5868 Helena, MT 59604 and JUNE BRICENO 1101 Chestnut St. PO Box 5868 Helena, MT 59604 Defendants. -1- Clerk, U.S. District Court District Of Montana Helena No. CV 17-43-H-SEH ORDER Before the Court are: (1) Plaintiffs' Motion for Summary Judgment; 1 and (2) Defendants' Motion for Summary Judgment. 2 A hearing on both motions was held on June 22, 2018. Additional statements of fact and briefs directed to the motions was ordered. 3 A second hearing on the motions was conducted on August 30, 2018. ORDERED: I. The parties' cross-motions for summary judgment4 are DENIED. 2. Parties shall have up to and including September 21, 2018, to file a joint stipulation addressing: a. the date upon which the parties performance obligation under the Union Agreement5 dated October 16, 2009, ended; b. the amount of base contributions claimed by the Plaintiffs to be owing by Defendants; 1 Doc. 29. 2 Doc. 31. 3 Doc. 53. 4 Docs. 29 & 31. 5 Doc. 51-2. -2- c. a statement of the amount of base contributions acknowledged by Defendants to be owing; d. the amount oflate contributions claimed by the Plaintiffs to be owing by Defendants; e. a statement of the amount oflate contributions acknowledged by Defendants to be owing; f. the total amount of interest claimed by the Plaintiffs to be owing by Defendants; and g. a statement of the amount of interest acknowledged by Defendants to be owing. DATED this I../ ~ay of September, 2018. ~f#ti--dc1h1 ~E.HADDON ' United States District Judge -3-

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