Building Service Pension Trust et al v. SBM Site Services LLC

Filing 59

MINUTE ORDER Defendant's motions to strike evidence from Sergio Salinas, Blair Fowler, Robert Kendrick, and Michael Monaco, see Def.'s Reply, docket no. 45 at 10-12 & Def.s Oppn, docket no. 49 at 21-23, are DENIED in part and DEFERRED in part as follows. The Court DEFERS its ruling with respect to the final sentence of paragraph three of the Declaration of Robert Kendrick, which provides [a]ccordingly, Capitol's employees were paid less than the wages SBM was required to pay its employees under the terms of the contract SBM already had with the Union. Decl. of Robert Kendrick, docket no. 38 at 3. Otherwise, defendant's motions to strike evidence, docket nos. 45 & 49, are DENIED. Defendant's motion to strike Exhibit D to the Third Declaration of Michael Monaco and any reference thereto, see Def.'s Surreply, docket no. 55, is DENIED by Judge Thomas S. Zilly. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BUILDING SERVICE PENSION
TRUST et al.,

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Plaintiffs,
v.

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MINUTE ORDER

SBM SITE SERVICES, LLC,
Defendant.

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C15-1198 TSZ

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Defendant’s motions to strike evidence from Sergio Salinas, Blair Fowler,
Robert Kendrick, and Michael Monaco, see Def.’s Reply, docket no. 45 at 10-12 &
Def.’s Opp’n, docket no. 49 at 21-23, are DENIED in part and DEFERRED in part as
follows. The Court DEFERS its ruling with respect to the final sentence of paragraph
three of the Declaration of Robert Kendrick, which provides “[a]ccordingly, Capitol’s
employees were paid less than the wages SBM was required to pay its employees under
the terms of the contract SBM already had with the Union.” Decl. of Robert Kendrick,
docket no. 38 at ¶ 3. Otherwise, defendant’s motions to strike evidence, docket nos. 45 &
49, are DENIED.

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(2)
Defendant’s motion to strike Exhibit D to the Third Declaration of Michael
21 Monaco and any reference thereto, see Def.’s Surreply, docket no. 55, is DENIED.
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MINUTE ORDER - 1

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(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 23rd day of January, 2017.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2