International Association of Machinists and Aerospace Workers District Lodge No 10 v. Crown Cork and Seal Co

Filing 39

ORDER FOR JUDGMENT; signed by Judge William C Griesbach on 04/04/2012. The clerk is directed to enter judgment dismissing the action as to the Leavens Grievance and ordering Crown Cork to submit to arbitration the Koechell Grievance. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
DISTRICT LODGE NO 10,
Plaintiff,
v.

Case No. 11-C-760

CROWN CORK AND SEAL CO.,
Defendant.

ORDER FOR JUDGMENT

Plaintiff International Association of Machinists and Aerospace Workers District Lodge No.
10 (the Union) filed this action to compel arbitration of two grievances filed against Crown Cork
and Seal Company (Crown Cork). The Court previously denied the motion for Judgment on the
pleadings as to the Leavens Grievance, but granted a motion to compel as to the Koechell
Grievance. The Union has now indicated its intent to voluntarily dismiss the Leavens Grievance
and request entry of Judgment on the Koechell Grievance.
Based upon the foregoing, the clerk is directed to enter judgment dismissing the action as
to the Leavens Grievance and ordering Crown Cork to submit to arbitration the Koechell
Grievance. Costs will be denied, since each of the parties prevailed on one of the claims. Although
the Court indicated in its order granting the Union’s motion to compel arbitration of the Koechell
grievance that attorneys’ fees would be awarded, the Court will address whether and what amount

should be awarded either party upon filing an appropriate motion pursuant to Rule 54(d) of the
Federal Rules of Civil Procedure.
SO ORDERED this

4th

day of April, 2012.

s/ William C. Griesbach
William C. Griesbach
United States District Judge

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