Major et al v. Plumbers Local Union NO.5 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada, Afl-Cio et al

District of Columbia, dcd-1:2003-cv-00009

ORDER granting in part and denying in part {{68}} John J. Kirlin Inc.'s Motion to Dismiss, granting {{69}} Pierce and Associates' Motion to Dismiss, granting in part and denying in part [70 & 73] Plumbers Local Union No. 5's Motion to Dism iss, granting {{71}} Joint Plumbing Apprentice and Training Committee's Motion to Dismiss, granting {{72}} The Poole & Kent Corp.'s Motion to Dismiss, granting {{74}} Giant Food Stores, Inc.'s Motion to Dismiss, granting {{74}} Giant Food Stor es, Inc.'s Motion for Summary Judgment, dismissing plaintiffs' claims against Mechanical Contractors District of Columbia and Parker-Kirlin JV, and setting a status conference for April 21, 2005 at 9:00 a.m. Signed by Judge John D. Bates on 3/29/2005. (lcjdb1)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ROBERT H. MAJOR, JR., et al., Plaintiff, v. Civil Action No. 03-0009 (JDB) PLUMBERS LOCAL UNION NO. 5 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE U.S. AND CANADA, AFL-CIO, et al., Defendants. ORDER Upon consideration of defendants' motions to dismiss, the several memoranda filed by the parties, and for the reasons stated in the Memorandum Opinion issued on this date, it is hereby ORDERED that [68] John J. Kirlin, Inc.'s motion to dismiss is GRANTED in part and DENIED in part (without prejudice to refile a laches defenses); it is further ORDERED that the claims of Jerome B. Treadwell, Michael R. Seasay, Tracy L. Barringtine, Robert H. Major, Jr., Tyrone Hagan, Terrence Hughes, and Eliza Hunter against John J. Kirlin, Inc. are dismissed; it is further ORDERED that [70 & 73] Plumbers Local Union No. 5's motion to dismiss is GRANTED in part and DENIED in part (without prejudice to refile a laches defenses); it is further ORDERED that the claims of Jerome B. Treadwell, Michael R. Seasay, Robert H. Major, Jr., Roger Harley, Sr., Tyrone Hagan, Eliza Hunter, and Lee S. Walker against Plumbers Local Union No. 5 are dismissed; it is further ORDERED that the motions to dismiss of [69] Pierce and Associates, [71] Joint Plumbing Apprentice and Training Committee, [72] The Poole & Kent Corp., and [74] Giant Food Stores, Inc. are GRANTED; it is further ORDERED that Giant Food Stores, Inc.'s motion for summary judgment on the claims of Robert H. Major, Jr. and Lee S. Walker is GRANTED; it is further ORDERED that judgment is entered in favor of Pierce and Associates, Joint Plumbing Apprentice and Training Committee, The Poole & Kent Corp., and Giant Food Stores, Inc.; it is further ORDERED that plaintiffs' claims against Mechanical Contractors District of Columbia Association and Parker-Kirlin JV are dismissed for failure to prosecute; and it is further ORDERED that a status conference is scheduled for April 21, 2005 at 9:00 a.m. /s/ John D. Bates JOHN D. BATES United States District Judge Dated: March 29, 2005 Copies to: Samuel Cartenius Hamilton Law Offices of Samuel Hamilton 8401 Colesville Road Suite 620 Silver Spring, Maryland 20910 301-589-3000 (telephone) 301-589-8866 (fax) E-mail: shamiltonlaw@aol.com Charles W. Day, Jr. Gebhardt & Associates 1101 17th Street, Northwest Suite 607 Washington, D.C. 20036- 4718 202-496-0400 (telephone) 202-496-0404 (fax) E-mail: billday@covad.net Joseph D. Gebhardt Gebhardt & Associates 1101 17th Street, Northwest Suite 607 Washington, D.C. 20036- 4718 202-496-0400 (telephone) 202-496-0404 (fax) E-mail: jgebhardt@covad.net Carey Robert Butsavage Butsavage & Associates, P.C. 1920 L Street, Northwest Suite 510 Washington, D. C. 20036 202-861-9700 (telephone) 202-861-9711 (fax) E-mail: cbutsavage@butsavage.com Christopher Kip Schwartz Butsavage & Associates, P.C. 1920 L Street, Northwest Suite 510 Washington, D. C. 20036 202-861-9700 (telephone) 202-861-9711 (fax) Ellen O. Boardman O'Donoghue & O'Donoghue 4748 Wisconsin Avenue, Northwest Washington, D.C. 20016 202-362-0041 (telephone) E-mail:eboardman@odonoghuelaw.com Andrew E. Stephenson Holland & Knight LLP 2099 Pennsylvania Avenue, Northwest 202-457-7056 (telephone) 202-955-5564 (fax) E-mail: astephen@hklaw.com Darryl Leonard Franklin Venable, Baetjer and Howard, LLP 1202 New York Avenue, Northwest Suite 1000 Washington, D.C. 20005 202-216-8052 (telephone) 202-962-8300 (fax) E-mail: dfranklin@venable.com