Hotel Employees and Restaurant Employees International Union Welfare Fund et al v. M.R. Whitsett Inc et al

Filing 43

ORDER that the Motion to Strike Defenses 18 is DENIED. The Motion for Injunctive Relief 17 is GRANTED only to the limited extent that an injunction is hereby imposed against M.R. Whitsett, Inc. from 4/5/10 until the termination of these proceedi ngs. M.R. Whitsett, Inc. must report to the Plaintiff Trust Funds the hours of work performed by M.R. Whitsetts Culinary and Bartending employees as such employees are defined in the Collective Bargaining Agreement, and must timely pay the fringe benefit contributions due on all such hours worked. Failure to abide by this order may result in sanctions and/or contempt proceedings. Signed by Judge Gloria M. Navarro on 10/6/10. (Copies have been distributed pursuant to the NEF - ECS)

Hotel Employees and Restaurant Employees International Union Welfare Fund... M.R. Whitsett Inc et al

Doc. 43

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION WELFARE FUND, et al., Plaintiffs, vs. M.R. WHITSETT, INC., et al., Defendants.

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Case No.: 2:09-cv-01746-GMN-GWF ORDER

Before the Court are Plaintiffs' Motions for Injunctive Relief (ECF No. 17) and to Strike Defenses (ECF No. 18). A hearing was held on April 5, 2010, at which argument was received from Joice Bass, counsel for Defendants, and Daryl Martin, counsel for Plaintiffs. Having considered the briefs and papers submitted by the parties and the oral argument of counsel: IT IS HEREBY ORDERED that the Motion to Strike Defenses (ECF No. 18) is DENIED. IT IS FURTHER ORDERED that the Motion for Injunctive Relief (ECF No. 17) is GRANTED only to the limited extent that an injunction is hereby imposed against M.R. Whitsett, Inc. from April, 5, 2010 until the termination of these proceedings. M.R. Whitsett, Inc. must report to the Plaintiff Trust Funds the hours of work performed by M.R. Whitsett's Culinary and Bartending employees as such employees are defined in the Collective Bargaining Agreement, and must timely pay the fringe benefit contributions

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due on all such hours worked. Failure to abide by this order may result in sanctions and/or contempt proceedings. DATED this 6th day of October 2010.

________________________________ Gloria M. Navarro United States District Judge

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