Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Costello v. UNITE H.E.R.E.I.U. Local 54

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


May 10, 2010

THOMAS COSTELLO, PLAINTIFF,
v.
UNITE H.E.R.E.I.U. LOCAL 54, UNITE H.E.R.E.I.U. LOCAL 54 BENEFIT OFFICE, H.E.R.E.I.U. WELFARE AND PENSION FUND, AND CAESAR'S ENTERTAINMENT DOING BUSINESS AS HARRAH'S ENTERTAINMENT DOING BUSINESS AS BALLY'S DOING BUSINESS AS CAESAR'S ATLANTIC CITY, DEFENDANTS.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 10th day of May, 2010, upon consideration of Defendant H.E.R.E.I.U. Welfare Fund's Motion to Dismiss or Alternatively for Summary Judgment (Document No. 12, filed Jan. 29, 2010), UNITE H.E.R.E.I.U. Local 54's Motion to Dismiss or Alternatively for Summary Judgment (Document No. 17, filed February 2, 2010) and Notice of Motion to Dismiss Plaintiff's Complaint Pursuant to the Provisions or F.R.C.P. 12(b)(6) or, Alternatively, For Summary Judgment Pursuant to F.R.C.P. 56 (Document No. 19, filed February 5, 2010), Plaintiff's Response to Defendants [sic] Local 54 Motions [sic] to Dismiss (Document No. 24, filed March 31, 2010), response to Boardwalk Regency's Motion to Dismiss (document No. 25, filed March 31, 2010), Plaintiff's Response to Defendant H.E.R.E.I.U. Motion to Dismiss (document No. 26 filed March 31, 2010), Reply Affidavit of Susan Craighead in Further Support of H.E.R.E.I.U. Welfare Fund's Motion for Summary Judgment (Document No. 33, filed April 28, 2010), Reply Affidavit of Gary Odenweller in Further Support of H.E.R.E.I.U. Welfare Fund's Motion for Summary Judgment, and after a telephone conference on April 14, 2010, for the reasons stated in the Memorandum dated May 10th, 2020

IT IS ORDERED as follows:

1. Caesar's Motion for Summary Judgment Pursuant to F.R.C.P. 56 is GRANTED. Caesar's Alternative Motion to Dismiss Pursuant to F.R.C.P. 12(b)6) is DENIED as MOOT;

2. UNITE H.E.R.E.I.U. Local 54's for Summary Judgment is GRANTED. UNITE H.E.R.E.I.U. Local 54's Alternative Motion to Dismiss is DENIED as MOOT; and

3. The Court DEFERS ruling on Defendant H.E.R.E.I.U. Welfare Fund's Motion to Dismiss or Alternatively for Summary Judgment because of the reported settlement in principle between plaintiff and that defendant.

IT IS FURTHER ORDERED that UNITE H.E.R.E.I.U. Local 54 Benefits Office is DISMISSED as a defendant on the ground that it is not a legal entity.

IT IS FURTHER ORDERED that plaintiff and the Fund shall jointly report to the Court by letter to Chambers on or before June 2, 2010 as to (a) whether the settlement has been finalized and (b) whether an order of dismissal with prejudice can be filed under Local Rule of Civil Procedure 41.1(b).

20100510

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.