INTERNATIONAL BROTHEHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 654 HEALTH AND WELFARE FUND et al v. INDUSTRIAL VALLEY CONTROLS

Filing 14

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DEFENDANT SHALL SUBMIT WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER TO AN AUDIT BY AN AUDITOR APPOINTED BY PLAINTIFFS. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 10/20/10. 10/20/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

INTERNATIONAL BROTHEHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 654 H...v. INDUSTRIAL VALLEY CONTROLS Doc. 14

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA IN T E R N A T IO N A L BROTHERHOOD OF E L E C T R IC A L WORKERS LOCAL UNION N O . 654 HEALTH AND WELFARE FUND, E T AL, v. IN D U S T R IA L VALLEY CONTROLS, INC. d /b /a IVC, INC. : : : : : : : : : C IV IL ACTION

N O . 09-5840

ORDER A N D NOW, this 20th day of October 2010, upon consideration of the m o tio n for summary judgment filed by Plaintiffs International Brotherhood of Electrical W o rk e rs Local Union No. 654 Health and Welfare Fund, et al. (Doc. 10), and the re s p o n s e of Defendant Industrial Valley Controls, Inc., d/b/a IVC, Inc. (Doc. 11), it is H E R E B Y ORDERED that the motion is GRANTED IN PARTand Defendant shall s u b m it within thirty days of the date of this Order to an audit by an auditor appointed by P la in tif f s . IT IS FURTHER ORDERED that final judgment shall not be entered at this time. Instead, Plaintiffs have sixty days from the date of this Memorandum and Order in which to move for the amount found due and owing after the audit, if any, as well as fees and c o s ts associated with this litigation, and Defendant has thirty days thereafter in which to f ile a response. BY THE COURT:

/S/ELIZABETH T. HEY ELIZABETH T. HEY U N IT E D STATES MAGISTRATE JUDGE

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