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Judge rules for Teamsters, notes plaintiff’s gambling bills

January 26, 2017

The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.

Nancy Anderson owned Precise Material Services, Inc., and sued Teamsters Local 135 after the union obtained a judgment of $22,646.25 in October 2014 against the company for unpaid contributions to its employees’ health, welfare and pension benefits in late 2012. Precise went out of business in 2013 and made no effort to satisfy the judgment because Anderson believes the judgment is wrong, District Court Senior Judge Larry McKinney wrote.

Anderson and Precise sued the union, claiming interference with business relationships, among other things, but McKinney ordered summary judgment in the local union’s favor on that suit Wednesday. He noted that while the plaintiffs’ complaint was filed by attorneys, they withdrew, and under federal court rules, Anderson could not proceed pro se. Though admonished repeatedly to hire counsel, she did not for long periods of the litigation.

McKinney recited facts the Teamsters produced in discovery, including Precise’s banking records. “These banking records show numerous withdrawals at casinos, including, but not limited to, Seminole Hard Rock Tampa, Hoosier Park Casino in Anderson, Hollywood Casino in Lawrenceburg and Indiana Grand in Shelbyville.”  He noted the debits took place “in each of the months that Precise failed to pay its employees’ health and welfare contributions.”

Precise didn’t provide bank statements for December 2012, but McKinney noted its other statements for 2012 and 2013 reflect a total of $79,998.02 in withdrawals and payments to casinos, including $31,248.24 in the period the company stopped making health and pension contributions.

While Teamsters were entitled to summary judgment on Anderson and Precise’s claims because an attorney hasn’t appeared since November 2016, McKinney noted her claims were also pre-empted by federal law, untimely or supported by inadmissible hearsay.

The case is Precise Material Services, Inc. and Nancy Anderson v. Teamsters Local No. 135, 1:15-cv-00844.


 

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