DeIanni v. Progress Printing Corporation

Justia Dockets & Filings Tenth Circuit Colorado District Court DeIanni v. Progress Printing Corporation

DeIanni v. Progress Printing Corporation

Plaintiff:	Arthur DeIanni
Defendant:	Progress Printing Corporation
Case Number:	1:2017cv00737
Filed:	March 23, 2017
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	El Paso
Presiding Judge:	Lewis T. Babcock
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1145
Jury Demanded By:	None

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Date Filed	Document Text
September 28, 2018	Filing 48 ORDER by Magistrate Judge Kristen L. Mix on 9/28/18. Motion for Summary Judgment 41 is GRANTED in part and DENIED in part. The Motion is granted to the extent that judgment is entered in favor of Plaintiff on Claim Two for withdrawal liab ility. The Motion is denied to the extent Plaintiff seeks judgment in its favor on Claim One for delinquent contributions. IT IS FURTHER ORDERED that final judgment shall enter in favor of Plaintiff on Claim Two after receipt of Plaintiff's int erest calculation and additional briefing related to attorneys fees and costs. IT IS FURTHER ORDERED that Claim One against Defendant for delinquent contributions is DISMISSED without prejudice for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that the following settings are VACATED: Final Pretrial Conference set for December 14, 2018, at 1:30 p.m.; Trial Preparation Conference set for December 14, 2018, at 1:30 p.m.; and Bench Trial set for December 17-19, 2018, at 9:00 a.m. (lgale, ) Modified on 9/28/2018 to note this is a written opinion (lgale, ).

Date Filed

Document Text

September 28, 2018

Filing 48 ORDER by Magistrate Judge Kristen L. Mix on 9/28/18. Motion for Summary Judgment 41 is GRANTED in part and DENIED in part. The Motion is granted to the extent that judgment is entered in favor of Plaintiff on Claim Two for withdrawal liab ility. The Motion is denied to the extent Plaintiff seeks judgment in its favor on Claim One for delinquent contributions. IT IS FURTHER ORDERED that final judgment shall enter in favor of Plaintiff on Claim Two after receipt of Plaintiff's int erest calculation and additional briefing related to attorneys fees and costs. IT IS FURTHER ORDERED that Claim One against Defendant for delinquent contributions is DISMISSED without prejudice for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that the following settings are VACATED: Final Pretrial Conference set for December 14, 2018, at 1:30 p.m.; Trial Preparation Conference set for December 14, 2018, at 1:30 p.m.; and Bench Trial set for December 17-19, 2018, at 9:00 a.m. (lgale, ) Modified on 9/28/2018 to note this is a written opinion (lgale, ).

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Plaintiff: Arthur DeIanni
Represented By:	Stanley Miller Gosch
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Defendant: Progress Printing Corporation
Represented By:	Robert J. Trizna
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