SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 27, AFL-CIO v. E.P. DONNELLY, INC. et al

Filing 113

ORDER granting in part and denying in part 90 Motion for Summary Judgment ; granting in part and denying in part 91 Motion for Summary Judgment ; granting in part and denying in part 92 Motion for Summary Judgment: summary judgment shall be GRA NTED in favor of Sambe & Donnelly, & against Local 27, as to the statutory claim; & shall be GRANTED in favor of Local 27, & against Sambe & Donnelly, as to breach of contract claim. ORDERED that the parties shall CONFER & ADVISE the Court by writte n submission within 2 WEEKS whether a genuine issue of material fact exists as to damages, and if so, the grounds for such dispute. ORDERED that if a genuine issue of material fact exists as to damages, all parties shall be PREPARED TO CONDUCT A TRIAL on the matter of damages to begin on January 4, 2010. Signed by Judge Renee Marie Bumb on 12/3/2009. (drw, )

[Dkt. Ents. 90, 91, & 92] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 27, AFL-CIO, Civil No. 07-3023 (RMB/JS) Plaintiff, v. E.P. DONNELLY, INC., and SAMBE CONSTRUCTION CO. INC., Defendants. ORDER

THIS MATTER coming before the Court upon motions for summary judgment by plaintiff Sheet Metal Workers International Association Local Union No. 27, AFL-CIO ("Local 27"), by defendant E.P. Donnelly, Inc. ("Donnelly"), and by defendant Sambe Construction Co. Inc. ("Sambe"); and THE COURT having considered the parties' moving briefs and the opposition thereto; and FOR THE REASONS set forth in the OPINION issued herewith; IT IS on this, the 3rd day of December 2009, hereby ORDERED that all motions for summary judgment shall be GRANTED-IN-PART and DENIED-IN-PART: summary judgment shall be granted in favor of Sambe and Donnelly, and against Local 27, as

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to the statutory claim; and shall be granted in favor of Local 27, and against Sambe and Donnelly, as to the breach of contract claim; and it is further ORDERED that the parties shall CONFER and ADVISE the Court by written submission within two weeks whether a genuine issue of material fact exists as to damages, and if so, the grounds for such dispute; and it is finally ORDERED that if a genuine issue of material fact exists as to damages, all parties shall be PREPARED TO CONDUCT A TRIAL on the matter of damages to begin on January 4, 2010.

s/Renée Marie Bumb RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE

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