IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE
December 3, 2009
SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 27, AFL-CIO, PLAINTIFF,
E.P. DONNELLY, INC., AND SAMBE CONSTRUCTION CO. INC., DEFENDANTS.
The opinion of the court was delivered by: RENÉE Marie Bumb United States District Judge
[Dkt. Ents. 90, 91, & 92]
THIS MATTER coming before the Court upon motions for summary judgment by plaintiff Sheet Metal Workers International Association Local Union No. 27, AFL-CIO ("Local 27"), by defendant E.P. Donnelly, Inc. ("Donnelly"), and by defendant Sambe Construction Co. Inc. ("Sambe"); and
THE COURT having considered the parties' moving briefs and the opposition thereto; and
FOR THE REASONS set forth in the OPINION issued herewith;
IT IS on this, the 3rd day of December 2009, hereby
ORDERED that all motions for summary judgment shall be GRANTED-IN-PART and DENIED-IN-PART: summary judgment shall be granted in favor of Sambe and Donnelly, and against Local 27, as to the statutory claim; and shall be granted in favor of Local 27, and against Sambe and Donnelly, as to the breach of contract claim; and it is further
ORDERED that the parties shall CONFER and ADVISE the Court by written submission within two weeks whether a genuine issue of material fact exists as to damages, and if so, the grounds for such dispute; and it is finally
ORDERED that if a genuine issue of material fact exists as to damages, all parties shall be PREPARED TO CONDUCT A TRIAL on the matter of damages to begin on January 4, 2010.
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