Conclusion & Findings of the Judge

The follwoing has so much lawyer speak that I can’t interpret it. Perhaps one or more of our attorney readers will offer an explanation. It is printed in full.

As a matter of law, plaintiff D5 Iron Works has demonstrated an entitlement to judgment on its secondary boycott claim in Count I of the First Amended Complaint.

On the claim of Interference with Prospective Economic Advantage in Count II, summary judgment will be denied to both plaintiffs and defendants.

On the assault and battery claims of the remaining plaintiffs, as well as their claims for intentional infliction of emotional distress, summary judgment will be granted to each plaintiff against defendants Veach, Williamson and Local 395.

I will deny plaintiffs summary judgment on their failure to supervise claim in Count XVII.

On the final three claims, Counts XVIII (Interference with Lawful Occupation), XIX (Violation of Plaintiffs’ Rights under Indiana’s Right to Work Act) and XX (Civil Conspiracy), I conclude that defendants are entitled to summary judgment.

The title of plaintiffs’ motion for partial summary judgment on liability references “Permanent Injunctive Relief Against Local 395.” [DE 263.]

The brief text of the motion does not mention injunctive relief. [Id.]

Nowhere in the 28 pages of plaintiffs’ Memorandum of Law in Support do they address injunctive relief and attempt an explanation of its appropriateness at this stage of the litigation, when final judgment is not yet sought.

I will likewise give the issue no further consideration at this point in the proceedings.

Defendant Williamson’s motion for partial summary judgment addresses several of plaintiffs’ damages theories.

I will defer consideration of those arguments to a separate opinion in which other motions pertaining to proof of damages will be addressed.

These include Local 395’s Rule 37(c)(1) Motion to Exclude Evidence and Testimony of Timothy Cryer, Local 395’s Daubert Motion to Exclude the Report and Testimony of Paul Maurin, and plaintiffs’ Motion in Limine to Preclude Testimony of Defendants’ Expert Michael Pakter.

ACCORDINGLY:

Plaintiffs’ “Motion to Admit the Criminal Convictions of Defendants Veach and Williamson to Conclusively Establish Facts and Collateral Estoppel” is GRANTED to the extent that it seeks to admit the undisputed facts stipulated by Veach and Williamson in connection with their guilty pleas, and is DENIED to the extent it seeks a summary conclusion as to any defendant’s liability in this case.

Plaintiffs’ Motion for Partial Summary Judgment and Permanent Injunctive Relief Against Local 395 [DE 263] is GRANTED IN PART as to plaintiff D5 Iron Works’ secondary boycott claim in Count I as against defendant Local 395, and in favor of each individual plaintiff and against defendants Local 395, Veach and Williamson on the claims for Assault, Battery and Intentional Infliction of Emotional Distress in Counts III, IV, V, VI, VII, VIII, XII, XIII, XIV, XV, and XVI , and DENIED IN PART as to Count II (for Tortious Interference with Prospective Economic Advantage), Count XVII (against Local 395 for Failure to Supervise), Count XVIII (for Interference with Lawful Occupation), Count XIX (for Violation of Plaintiffs’ Rights under Indiana’s Right to Work Act) and Count XX (for Civil Conspiracy).

Defendant Local 395′s Motion for Summary Judgment on Count XIX (for Violation of Plaintiffs’ Rights under Indiana’s Right to Work Act), joined in by defendant Williamson, Sr. and by defendant Veach [DE 203, 260], is GRANTED.

Defendant Thomas Williamson, Sr.’s Motion for Partial Summary Judgment, joined in by defendant Local 395 and defendant Veach, is DENIED as to Count II, and is GRANTED as to Count XVIII (for Interference with Lawful Occupation) and Count XX (for Civil Conspiracy).

ENTERED: January 5, 2022.

/s/ Philip P. Simon
PHILIP P. SIMON, JUDGE
UNITED STATES DISTRICT COURT

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