International Union of Bricklayers and Allied Craftworkers, Local 5 v. Banta Tile & Marble Company

Filing 87

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS/JUDGMENT - It is hereby ORDERED that: 1. The R&R of Mag. Judge Carlson dtd. 11/17/09 73 is ADOPTED in its entirety. 2. The obj. of deft. 85 is OVERRULED. 3. Plf.'s mtn. to enforce jgm. & liquidate the jgm. 64 is GRANTED to the following extent: a. Jgm. is entered, in conformity w/the Mag. Judge's recommendation, as follows: i. The total jgm. amt. due to the Health & Welfare Fund is $1,184,741.31; ii. The total jgm. amt . due the International Pension Fund is $735,297.75; iii. The total jgm. amt. due the International Masonry Institute is $127,895.32; iv. The total amt. of liquidated damages due the Funds is $102,396.72; and v. The total amt. of inter est due the Funds is $750,272.04. 4. Plf.'s mtn. for TRO & Prel. Injunc. to prevent dissipation of assets 77 is DISMISSED as MOOT; 5. The hrg. sched. for 12/29/09 @ 9:30 a.m. is CANCELLED. 6. The Clerk of Crt. is dir. to CLOSE this case. (See memo for complete details.) Signed by Honorable John E. Jones, III on 12/14/09. (am, )