Avila v. Bronger Masonry, Inc.

123 F. Supp. 3d 1088, 2015 WL 4758754
CourtDistrict Court, S.D. Indiana
DecidedAugust 12, 2015
DocketNo. 1:14-cv-00913-JMS-DKL
StatusPublished

This text of 123 F. Supp. 3d 1088 (Avila v. Bronger Masonry, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Avila v. Bronger Masonry, Inc., 123 F. Supp. 3d 1088, 2015 WL 4758754 (S.D. Ind. 2015).

Opinion

ORDER DENYING PLAINTIFFS’ MOTION FOR INJUNCTIVE RELIEF

JANE MAGNUS-STINSON, District Judge.

Presently pending before the Court is Plaintiffs’ Motion for Temporary Restraining Order. [Filing No. 118.] Plaintiffs (“Plaintiffs” or the “Funds”) are various funds established pursuant to collective bargaining agreements previously entered into between bricklayers and the International Union of Bricklayers & Allied Craftsman Local 4 of IN & KY (the “Union”). [Filing No. 158 at 2.] Plaintiffs allege that Defendant Bronger Masonry, Inc.- (“Bronger”) has evaded its contractual obligation to pay the Funds by forming an alter ego corporation, Defendant Masonry Seiwiqes, Inc. (“Masonry”). [Filing No. 158.3

In response to questions the Court submitted to thé parties before the hearing on the pending motion, Plaintiffs clarified that they are1 actually seeking a preliminary injunction against Masonry, not a temporary restraining.order as initially requested. ' [Filing No. 151 at 2.] Plaintiffs recognize that this' “is. not a trial on the merits” and have amended their requested relief to eliminate a claim for past damages and to seek prospective relief in the form pf money damages from Masonry beginning on the date of any injunction. [Filing No. 164 at 15.] Masonry opposed Plaintiffs’ request, both in a brief in opposition and at the hearing. [Filing No. 147.] Bronger did not respond to Plaintiffs’ motion or appear at the hearing, and its counsel has since been granted leave to withdraw. [Filing No. 161.] ' .

For the reasons that follow, thé Court denies Plaintiffs’ request for injunctive relief against Masonry. While Plaintiffs have shown a likelihood that they will succeed on the merits of their claim, they have not shown that there is no adequate remedy at law or that they will, suffer irreparable harm if their requested injunction is denied. Because they have not met a threshold requirement for obtaining in-junctive relief, Plaintiffs’ request must be denied.

I.

Applicable Standard

“To obtain a preliminary injunction, the moving party must show that its case has ‘some likelihood of success on the merits’ and that it has ‘no adequate remedy at law and will suffer irreparable harm if a preliminary injunction is denied.’” Stuller, Inc. v. Steak N Shake Enters,, Inc., 695 F.3d 676, 678 (7th Cir.2012) (quoting Ezell v. City of Chi., 651 F.3d 684, 694 (7th Cir.2011)). “If the moving party meets these threshold requirements, the district court ‘must consider the irreparable harm that the nonmoving party will suffer if preliminary relief is granted, balancing such harm against the-irreparable harm the moving party will suffer if relief is denied,’” Stuller, 695 F.3d at 678 (quoting Ty, Inc. v. Jones Grp., Inc., 237 F.3d 891, 895 (7th Cir.2001)). “The district court must also consider, the public [1091]*1091interest in granting or denying an injunction.” Stuller, 695 F.3d at 678.

“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). “Preliminary relief is properly sought only to avert irreparable harm to the moving party.” Chicago United Indus., Ltd. v. City of Chicago, 445 F.3d 940, 944 (7th Cir.2006). Because the merits of the underlying litigation are not at issue at this stage, “ ‘the reluctance to disturb the status quo prior to trial on the merits is an expression of judicial humility ... [that] enables the court to stay relatively neutral in the underlying legal dispute.’ ” Id. at 945-46 (quoting O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 389 F.3d 973, 1012 (10th Cir.2004)).

II.

Procedural History

On June 4, 2014, Plaintiffs filed' this action against Defendants Masonry and Bronger pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). [Filing No. 1 (citing 29 U.S.C. § 1132).] Plaintiffs allege that Bronger is an Indiana for-profit corporation that entered into successive collective bargaining agreements that require Bron-ger to make periodic contributions to the Funds on behalf of Bronger’s bargaining-unit employees. [Filing No, 158 at 2.] Plaintiffs allege that Masonry is the successor of Bronger and, under an alter ego theory, Masonry’s employees should be considered Bronger’s bargaining unit employees. Plaintiffs thus assert that Masonry is liable for unpaid benefits that it/Bronger did not pay the Funds on behalf of those employees. [Filing No. 158 at 3.]

On May 6, 2015, Plaintiffs moved for injunctive relief. [Filing No. 118.] Masonry opposed Plaintiffs’ request, [Filing No. 147], and the Court held an evidentia-ry hearing on. June 1, 2015, [Filing No. 157]. At th'e evidentiary, hearing, Plaintiffs- clarified that they request a preliminary injunction and seek prospective relief only. Plaintiffs ask the Court to order Masonry to pay the benefits they claim the Funds are due from the date of the requested preliminary injunction forward. [Filing No. 164 at 14-17.] The parties submitted their proposed findings of fact and conclusions of-law after the hearing. [Filing No. 174; Filing No. 178.] The Court has reviewed those submissions, and now makes the following findings and conclusions thereon.

Ill,

Summary of Relevant Evidence

The folloyring witnesses testified at the evidentiary hearing on- Plaintiffs’ request for injunctive relief: Cathy Fulks; Harold Sattison; Sonia Bittle; Rebecca Lambert; Steven Wagner; Ted Champ;' Mark Carver; Nicholas Cook; Peter Cook; Jeremy Bills; Jeff Welty; Showne Bleu McKinney; and Dwayne Bronger. The following exhibits were admitted, without objection unless noted: 22; 48; 70; 56 (Bates stamped 3374-3526); 51 (Bates stamped 2835-2837); 10; 73; 11;. 12; 26; 27; 28; 29; 42; 43; 44; 30; 31; 32; 33; 8; 9; 14; 15; 13; 45; 23 (amended to include Volume III as a continuation of the exhibit); 52; 40; 72; 41; 37 (over objection); 38; 39; 66; 68; 71; 69 (judicial notice); and 67 (judicial notice). The Court will only summarize the evidence that is material to its ruling on Plaintiffs’ request for injunctive relief.1

[1092]*1092The Court makes the following findings for purposes of the pending motion only. Nothing herein should be read to apply to the merits of Plaintiffs’ Motion for Summary Judgment, [Filing No. 169], which Plaintiffs filed while their request for in-junctive relief was pending. Of course that motion must be reviewed under the familiar standard of review, where all reasonable inferences are afforded to the non-movant, Darst v. Interstate Brands Corp., 512 F.3d 903

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Bluebook (online)
123 F. Supp. 3d 1088, 2015 WL 4758754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avila-v-bronger-masonry-inc-insd-2015.