Pace Industry Union-Management Pension Fund, et al v. O. E. Clark Paper Box Co.

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation 30 is adopted and approved. Accordingly, Defendant's Motion to Compel Arbitration and to Dismiss or, in the Alternative, Stay Plaintiff's claims (Docket No. 17 ) is GRANTED in part and DENIED in part. Signed by District Judge Todd J. Campbell on 2/23/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PACE INDUSTRY UNION MANAGEMENT PENSION FUND
v.
O.E. CLARK PAPER BOX CO.

)
)
) NO. 3-15-0163
) JUDGE CAMPBELL
)
)

ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket
No. 30), to which no Objections have been filed. The Court has reviewed the Report and
Recommendation and the file. The Report and Recommendation is adopted and approved.
Accordingly, Defendant’s Motion to Compel Arbitration and to Dismiss or, in the
Alternative, Stay Plaintiff’s claims (Docket No. 17) is GRANTED in part and DENIED in part.
The Motion to Compel Arbitration is granted to with regard to the total withdrawal liability
assessment; the Motion to Dismiss is denied; and the Motion to Stay is granted with regard to the
total withdrawal liability assessment and denied as to the interim payments issue.
IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE