HANSEN v. INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION PLAN et al

Filing 17

MEMORANDUM ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 11 ), IS DENIED AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 10 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/11/2017. 10/11/2017 ENTERED AND COPIES E-MAILED.(amas)

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

NORMAN HANSEN,
Plaintiff,
v.
INTERNATIONAL PAINTERS AND
ALLIED TRADES INDUSTRY PENSION
PLAN and BOARD OF TRUSTEES OF
THE INTERNATIONAL PAINTERS AND
ALLIED TRADES INDUSTRY PENSION
PLAN,
Defendants.

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CIVIL ACTION

No. 16-5028

ORDER
AND NOW, this 11th day of October, 2017, upon consideration of the CrossMotions for Summary Judgment filed by Plaintiff Norman Hansen (“Plaintiff”) and Defendants
International Painters and Allied Trades Industry Pension Plan (“Pension Plan”) and Board of
Trustees of the International Painters and Allied Trades Industry Pension Plan (“Board of
Trustees”) (collectively, “Defendants”), and all of the responses, replies, and sur-replies, it is
hereby ORDERED that Plaintiff’s Motion for Summary Judgment (Doc. No. 11) is DENIED
and Defendants’ Motion for Summary Judgment (Doc. No. 10) is GRANTED IN PART and
DENIED IN PART. It is further ORDERED that:
1.

as it pertains to Count I of Plaintiff’s Complaint, this matter is
REMANDED to the Board of Trustees for a determination of whether
Plaintiff’s employer was obligated to make contributions to the Pension
Plan pursuant to a collective bargaining agreement between Plaintiff’s
employer and the International Union of Painters and Allied Trades.
Accordingly, Plaintiff’s and Defendants’ Motions are DENIED as to
Count I; and

2.

Defendants’ Motion as to Counts II, III, and IV is GRANTED, and
Plaintiff’s Motion is DENIED as to Counts II, III, and IV. Counts II, III,
and IV are DISMISSED WITH PREJUDICE.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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