ALLWEIN et al v. PPG INDUSTRIES et al

Filing 26

OPINION/ORDER THAT PLAINTIFFS' MOTION TO STAY BINDING ARBITRATION, ECF NO. 19, IS DENIED; DEFENDANT IUPAT DISTRICT COUNCIL 21'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 21, IS GRANTED IN PART AND DENIED IN PART. THIS CASE IS STAYED PENDING ARBITRATION. THE PARTIES ARE TO NOTIFY THIS COURT NO LATER THAN TWENTY DAYS AFTER THE ARBITRATION HAS CONCLUDED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/28/17. 9/28/17 ENTERED AND COPIES E-MAILED. (ky, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ CHRIS ALLWEIN et al., Plaintiffs, : : : v. : : PPG INDUSTRIES; : INTERNATIONAL UNION OF PAINTERS AND : ALLIED TRADES, AFL-CIO, DISTRICT : COUNCIL 21; : INTERNATIONAL PAINTERS AND ALLIED : TRADES INDUSTRY PENSION PLAN; and : THE BOARD OF TRUSTEES OF THE : INTERNATIONAL PAINTERS AND ALLIED : TRADES INDUSTRY PENSION PLAN, : Defendants. : __________________________________________ No. 5:16-cv-02049 ORDER AND NOW, this 28th day of September, 2017, upon consideration of Plaintiffs’ Motion to Stay Binding Arbitration, ECF No. 19, and Defendant IUPAT District Council 21’s Motion for Summary Judgment, ECF No. 21, it is ORDERED that: 1. Plaintiffs’ Motion to Stay Binding Arbitration, ECF No. 19, is DENIED; 2. Defendant IUPAT District Council 21’s Motion for Summary Judgment, ECF No. 21, is GRANTED in part and DENIED in part, as follows: a. Defendant IUPAT District Council 21’s Motion for Summary Judgment is DENIED; b. Defendant IUPAT District Council 21’s request, in the alternative, to stay this action pending arbitration is GRANTED; 3. This case is STAYED pending arbitration; 4. The parties are to notify this Court no later than twenty days after the arbitration has concluded. BY THE COURT: /s/ Joseph F. Leeson, Jr.__________ JOSEPH F. LEESON, JR. United States District Judge 1 092817

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