Regional Local Union No. 846 et al v. Gulf Coast Rebar, Inc.
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|Date Filed||#||Document Text|
|July 13, 2016
Opinion and Order - The Court ADOPTS IN PART Judge Acostas Findings and Recommendation, ECF 127, as follows: The Court adopts all of Judge Acosta's Findings and Recommendation, as supplemented herein, except the statement on page seven, beginnin g with [t]he Audit revealed.... This statement is modified to read, The Audit revealed Gulf Coast may owe Plaintiffs amounts up to $876,177.41 in contributions, $354,761.21 in dues, $160,925.90 in liquidated damages, and $465,859. 45 in interest. Gulf Coast's motion (ECF 113) to compel arbitration of the amounts due under the Agreement based on the March 2015 audit and Gulf Coast's liability for amounts accruing after the March 2015 audit is GRANTED, and the matter i s remanded to Arbitrator William P. Hobgood. The Union's claim under the LMRA is DISMISSED without prejudice, and the Trusts' ERISA claims are STAYED. Gulf Coast's motion to dismiss the Trusts' claim for liquidated damages is DENIED, and the alternative motion to transfer this action to the Middle District of Florida is DENIED with leave to refile. Signed on 7/13/2016 by Judge Michael H. Simon. (mja)
|January 26, 2015
OPINION and ORDER - The Court ADOPTS Judge Acosta's Findings and Recommendations. Dkt. 82 . Plaintiffs' Motion to Confirm and Enforce Arbitration Award (Dkt. 78 ) is GRANTED. Defendant's Motion to Vacate Arbitration Award (Dkt. 75 ) is DENIED. Signed on 1/26/2015 by Judge Michael H. Simon. (mja) Modified on 1/26/2015 to correct motion to confirm arbitration award docket number(peg).
|October 22, 2012
OPINION and ORDER - The Court ADOPTS IN PART Judge Acosta's findings and recommendations 49 , as follows: The Court adopts all of Judge Acosta's findings and recommendations except those concerning Gulf Coast's motion to dism iss for failure to state a claim, beginning with Section I.B.2, "The Agreement does not meet the LMRA Structural Requirements," on page 14, and continuing until the end of section I.C, "Plaintiffs' Failure to State a Claim," ending on page 21. Accordingly, the Court GRANTS Gulf Coast's motion to compel arbitration of Regional's LMRA claim, DISMISSES Regional's LMRA claim without prejudice, DENIES Gulf Coast's motion to compel arbitration of the Trusts ' ERISA claim, GRANTS Gulf Coast's motion to stay the Trusts' ERISA claim pending arbitration of Regional's LMRA claim, and DENIES Gulf Coast's alternative motion to transfer venue with leave to refile after the stay of the Trusts' claims is lifted 39 Signed on 10/22/12 by Judge Michael H. Simon. (mja)
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