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Sheet Metal Workers International Association Local Union No. 27, AFL-CIO v. E.P. Donnelly

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,
v.
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]

ORDER

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.

20091203

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