USA ex rel INTL. BROTHERHOOD OF ELECTRICAL WORKERS V. THE FAIRFIELD CO.

Filing 143

MEMORANDUM AND ORDER THAT THIS MATTER IS REFERRED TO THE DEPARTMENT OF LABOR CONCERNING THE ISSUE OF COMPLEX WORKER CLASSIFICATIONS AND WAGE DETERMINATIONS PURSUANT TO THE DAVIS-BACON ACT, 40 USC:267(A) ET SEQ.; THE CASE IS STAYED PENDING THE OUTCOME OF THE DEPARTMENT OF LABOR'S FINDINGS; AND THE CLERK OF COURT IS DIRECTED TO PLACE THIS MATTER IN SUSPENSE AND MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. THIS COURT SHALL RETAIN JURISDICTION, AND THE CASE WILL BE RESTORED TO THE TRIAL DOC KET, IF NECESSARY, WHEN THE ACTION IS IN A STATUS SO THAT IT MAY PROCEED TO FINAL DISPOSITION. THIS ORDER SHALL NOT PREJUDICE THE RIGHTS OF THE PARTIES TO THIS LITIGATION. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 9/26/17. 9/26/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, ex rel.
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
LOCAL UNION NO. 98,
Plaintiffs,
v.
THE FARFIELD COMPANY,
Defendant.

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CIVIL ACTION

No. 09-4230

ORDER
AND NOW, this 26th day of September, 2017, upon consideration of the
plaintiff’s memorandum of law on the issue of non-scientific expert testimony (Doc. No.
137), the defendant’s response (Doc. No. 138), and the plaintiff’s reply (Doc. No. 141),
IT IS HEREBY ORDERED:
1. This matter shall be REFERRED to the Department of Labor concerning
the issue of complex worker classifications and wage determinations pursuant to the
Davis-Bacon Act, 40 U.S.C. §267(a) et seq.;
2. The case is STAYED pending the outcome of the Department of Labor’s
findings; and
3. The Clerk of Court is directed to place this matter in SUSPENSE and mark
this case CLOSED for statistical purposes. This court shall retain jurisdiction, and the
case will be restored to the trial docket, if necessary, when the action is in a status so that

it may proceed to final disposition. This Order shall not prejudice the rights of the parties
to this litigation.

BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C.J.