INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 98 HEALTH & WELFARE FUND et al v. JAMES COPELAND ELECTRICAL CONTRACTOR et al

Filing 28

ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO JAMES COPELAND ELECTRICAL CONTRACTOR'S LIABILITY TO INTERNATIONAL BROTHERHOOD OF ELETRICAL WORKERS LOCAL UNION NO. 98 PENSION PLAN, LOCAL UNION NO. 98 VACATION PLAN, LOCAL L ABOR MANAGEMENT COOPERATION COMMITTEE, NATIONAL ELECTRICAL INDUSTRY FUND AND LOCAL UNION 98 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS IS GRANTED. PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED IN ALL OTHER RESPECTS. DEFENDANTS� 39; MOTION FOR SUMMARY JUDGMENT IS DENIED. A NON-JURY TRIAL IS SCHEDULED FOR 1/23/12 AT 10:00 AM IN COURTROOM 4-A. THE PARTIES SHOULD FILE PRETRIAL MEMORANDA AND ANY MOTIONS IN LIMINE BY 1/9/12. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/22/11. 12/22/11 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
LOCAL UNION NO. 98
HEALTH & WELFARE FUND, et al.
v.
JAMES COPELAND ELECTRICAL
CONTRACTOR, et al.

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CIVIL ACTION
NO. 10-2806

ORDER
AND NOW, this 22nd day of December, 2011, in consideration of plaintiffs’ motion for
summary judgment, defendants’ motion for summary judgment, and the parties responses
thereto, it is hereby ORDERED that
1)

Plaintiffs’ motion for summary judgment with respect to James Copeland
Electrical Contractor’s liability to International Brotherhood of Electrical Workers
Local Union No. 98 Health & Welfare Fund, International Brotherhood of
Electrical Workers Local Union No. 98 Pension Plan, Local Union No. 98
Vacation Plan, Local Labor Management Cooperation Committee, National
Electrical Industry Fund and Local Union 98 of the International Brotherhood of
Electrical Workers is GRANTED;

2)

Plaintiffs’ motion for summary judgment is DENIED in all other respects;

3)

Defendants’ motion for summary judgment is DENIED;

4)

A non-jury trial is scheduled for Monday, January 23, 2012 at 10:00 a.m. in
Courtroom 4-A, United States Courthouse, Philadelphia, PA; and

5)

The parties should file pre-trial memoranda and any motions in limine by

Monday, January 9, 2012.
If the parties believe a settlement conference would be productive they should contact my
chambers (215-597-2750) promptly.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.