Eckert et al v. Chauffeurs, Teamsters and Helpers Local Union 776 Profit Sharing Plan et al

Filing 62

ORDER & JUDGMENT (Memorandum 61 filed previously as separate docket entry) -It is hereby ORDERED that: 1. Judgment is ENTERED as follows: a. Jdgmt in favor of pltfs & against defts "the Union" on their ERISA claims for denial of benefits .; b. Jdgmt in favor of pltf M. Garofalo on defts' ERISA claim for breach of fiduciary duty.; c. Jdgmt in favor of pltfs H. Garbert, M. Garofalo & F. Wilson on defts' Labor-Mgmt Reporting & Disclosure Act claim for breach of fiduciary duty; d. Jdgmt in favor of defts R. Hicks, E.Thompson & the Union on pltfs' ERISA claim for breach of fiduciary duty.; 2. Defts shall pay damages to pltfs for pension benefits in amt of $161,630.94 in acc w/ pltfs' exhibit 62 57 .; 3. Any motion for atty's fees must be made w/in 14 days of the date of this order pursuant to FRCP 54(d). (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 1/26/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARIO ECKERT, ROBERT BAKER,
STEVE BILLET, KEVIN BLOOM, JR.,
SHAWN CLARK, KAREN DIETZ,
HERBERT C. GARBER, GISBEL
GARCIA, JR., MARIO GAROFALO,
BRADLEY HOCKENBERRY,
MARTIN PARSON, and
FRED WILSON,
Plaintiffs
v.
CHAUFFEURS, TEAMSTERS AND
HELPERS LOCAL UNION 776
PROFIT SHARING PLAN,
CHAUFFEURS, TEAMSTERS AND
HELPERS LOCAL UNION 776,
EDGAR H. THOMPSON, and
RONALD W. HICKS,
Defendants

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CIVIL ACTION NO. 1:15-CV-1920
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 26th day of January, 2018, upon consideration of the
complaint (Doc. 1), filed October 2, 2015, and the amended answer and
counterclaims (Doc. 27), filed June 7, 2016, and following a bench trial held on
October 23 and October 24, 2017, and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:

1.

Judgment is ENTERED as follows:
a.

Judgment in favor of plaintiffs and against defendants
Chauffeurs, Teamsters and Helpers Local Union 776 Profit
Sharing Plan and Chauffeurs, Teamsters and Helpers Local
Union 776 (“the Union”) on their Employee Retirement Income
Security Act (“ERISA”) claim for denial of benefits.

b.

Judgment in favor of plaintiff Mario Garofalo on defendants’
ERISA claim for breach of fiduciary duty.

c.

Judgment in favor of plaintiffs Herbert C. Garber, Mario
Garofalo, and Fred Wilson on defendants’ Labor-Management
Reporting and Disclosure Act claim for breach of fiduciary duty.

d.

Judgment in favor of defendants Ronald W. Hicks, Edgar H.
Thompson, and the Union on plaintiffs’ ERISA claim for breach
of fiduciary duty.

2.

Defendants shall pay damages to plaintiffs for pension benefits in the
amount of $161,630.94 in accordance with plaintiffs’ exhibit 62
(Doc. 57).

3.

Any motion for attorney’s fees must be made within fourteen (14) days
of the date of this order pursuant to Federal Rule of Civil Procedure
54(d).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania