LOCAL UNION NO. 98 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al v. LP HERMAN COMPANY et al

Filing 12

ORDER THAT THE MOTIONS TO DISMISS BY DEFENDANT PHYLLIS DIVENTI AND DEFENDANTS LP HERMAN COMPANY AND LAWRENCE HERMAN ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: AS TO COUNT I OF THE COMPLAINT THE MOTION IS DNIED. AS TO COUNT II OF THE COMPLAINT THE MOTION IS GRANTED AND DENIED AS OUTLINED HEREIN. AS TO COUNTS III, IV, V AND VI OF THE COMPLAINT THE MOTION IS GRNATED AND THOSE CLAIMS ARE DISMISSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/14/15. 7/15/15 ENTERED AND E-MAILED.(jl, ) Modified on 7/15/2015 (lisad, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LOCAL UNION NO. 98
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, et al.,
Plaintiffs,
v.
LP HERMAN COMPANY, LAWRENCE
HERMAN, AND PHYLLIS DIVENTI,
Defendants.

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CIVIL ACTION

NO. 15-0815

ORDER
AND NOW, this 14th day of July, 2015, upon consideration of the Motions to Dismiss by
Defendant Phyllis Diventi (Docket No. 7) and Defendants LP Herman Company and Lawrence
Herman (Docket No. 8), and Plaintiff’s Responses in Opposition (Docket Nos. 10 and 13), it is
hereby ORDERED that the Motions are GRANTED IN PART and DENIED IN PART as
follows:
1. As to Count I of the Complaint, the Motion is DENIED;
2. As to Count II of the Complaint, the Motion is GRANTED with respect to the LaborManagement Cooperation Committee Fund and the Scholarship Fund, but is
DENIED with respect to the Health & Welfare Fund, the Pension Fund, the
Apprentice Training Fund, and the Profit Sharing/Deferred Income Fund.
3. As to Counts III, IV, V, and VI of the Complaint, the Motion is GRANTED and
those claims are DISMISSED.
It is so ORDERED.

BY THE COURT:

_s/ Ronald L. Buckwalter _______
RONALD L. BUCKWALTER, S.J.