Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

Trustees of the Sheet Metal Workers Local 91 Health & Welfare Benefit Fund v. Tennant

May 31, 2006

TRUSTEES OF THE SHEET METAL WORKERS LOCAL 91 HEALTH & WELFARE BENEFIT FUND, PLAINTIFF
v.
DAVID TENNANT, INDIVIDUALLY AND D/B/A BORN HEATING A/K/A BORN HEATING & AIR CONDITIONING, AND TENNANT ENTERPRISES, INC., DEFENDANTS



The opinion of the court was delivered by: John A. Gorman United States Magistrate Judge

ORDER

The parties have consented to have this case heard to judgment by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c), and the District Judge has referred the case to me. Now before the court is the Defendants' motion for partial summary judgment (# 14). The motion is fully briefed and I have carefully considered the arguments made by the parties and the evidence submitted in support thereof. For the following reason, the motion is allowed.

SUMMARY JUDGMENT GENERALLY

The purpose of summary judgment is to "pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment should be entered if and only if there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. See Jay v. Intermet Wagner Inc., 233 F.3d 1014, 1016 (7th Cir.2000); Cox v. Acme Health Serv., 55 F.3d 1304, 1308 (7th Cir. 1995).

If the undisputed facts indicate that no reasonable jury could find for the party opposing the motion, then summary judgment must be granted. Hedberg v. Indiana Bell Tel. Co., 47 F.3d 928, 931 (7th Cir. 1995), citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). If the non-moving party fails to make a showing sufficient to establish the existence of an element essential to that party and on which that party will bear the burden of proof at trial, then summary judgment is proper. Celotex Corp. V. Catrett, 477 U.S. 317, 322 (1986); Waldridge v. American Hoechst Corp., 24 F.3d 918, 920 (7th Cir. 1994).

UNDISPUTED FACTS

The facts in this case are not disputed. Born Heating and Air Conditioning Company ("BHACC") was an Iowa corporation engaged in heating, air conditioning and venting work. At all relevant times, BHACC was signatory to a Collective Bargaining Agreement ("CBA"). Gary Bourne was the president of BHACC.

Tennant Enterprises, Inc. ("TEI") is an Iowa corporation that was incorporated in Iowa in 2000. It has at all relevant times remained a corporation in good standing in Iowa. Dave Tennant was the president of TEI.

Following incorporation of TEI, the company engaged in negotiations with BHACC for the sale of some of BHACC's assets to TEI. Among the assets that TEI wanted to purchase was the name "Born Heating and Air Conditioning." To avoid confusion, BHACC agreed to change its name to "Bourne Enterprises, Inc." before the sale was consummated. The name "Born Heating and Air Conditioning" would be listed separately in the Asset Purchase Agreement.

Pursuant to the agreement, BHACC filed Articles of Amendment to its Articles of Incorporation with the Iowa Secretary of State. The Amendment deleted the name "Born Heating and Air Conditioning Company" and substituted the corporate name "Bourne Enterprises, Inc.". Immediately thereafter, TEI entered into an Asset Purchase Agreement with Gary Bourne and BHACC, whereby TEI purchased the assets defined in that Agreement, including the name "Born Heating and Air Conditioning Company."

On June 30, 2000, TEI filed a Fictitious Name Resolution with the Iowa Secretary of State adopting the name "Born Heating and Air Conditioning Company" for TEI.

After all of the above events, Dave Tennant signed a Letter of Assent, agreeing to be bound by the terms and conditions of the above referenced CBA. Tennant signed as follows:

BORN HEATING

Employer ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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