Trustees of the Insulators Local No. 23 Annuity, Pension, and Health and Welfare Funds v. Loshaw Thermal Technology, LLC et al

Filing 35

JUDGMENT - SUMMARY JUDGMENT be and is hereby ENTERED in favor of defts LOSHAW THERMAL TECHNOLOGY, LLC, MARCI BITTNER, and WENDY BITTNER, & against pltfs TRUSTEES OF THE INSULATORS LOCAL NO. 23 ANNUITY, PENSION, AND HEALTH AND WELFARE FUNDS, and THE JOINT APPRENTICE TRAINING COMMITTEE LOCAL 23, ASBESTOS WORKERS, to the extent that pltfs cannot sustain claims before this court under ERISA, 29 U.S.C. § 1001, et seq., for recovery of delinquent benefits contributions or for breach of fiduciar y duty when those claims are based on an expired collective bargaining agreement & there is no evidence of an employer promise to pay, in acc. w/ memo 33 & order 34 , dated 5/7/19. (See jdgmt for complete details.) Signed by Deputy Clerk on 5/7/19. (ki)

AO 450 (Rev. 01/09) Judgment in a Civil Action

UNITED STATES DISTRICT COURT
for the

MIDDLE DISTRICT of PENNSYLVANIA
TRUSTEES OF THE INSULATORS LOCAL NO. 23
ANNUITY, PENSION, AND HEALTH AND WELFARE
FUNDS, and THE JOINT APPRENTICE TRAINING
COMMITTEE LOCAL 23, ASBESTOS WORKERS
Plaintiffs

v.
LOSHAW THERMAL TECHNOLOGY, LLC, MARCI
BITTNER, and WENDY BITTNER,

)
)
)
)
)

Civil Action No.

1:18-CV-0537

(Chief Judge Conner)

Defendants

JUDGMENT IN A CIVIL ACTION
The court has ordered that (check one):

9

the plaintiff

defendant (name)
dollars ($
%, plus postjudgment interest at the rate of

interest at the rate of

9

x

recover from the
the amount of
), which includes prejudgment
%, along with costs.

the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name)
recover costs from the plaintiff (name)
.
other:

SUMMARY JUDGMENT be and is hereby ENTERED in favor of defendants LOSHAW THERMAL
TECHNOLOGY, LLC, MARCI BITTNER, and WENDY BITTNER, and against plaintiffs TRUSTEES OF THE
INSULATORS LOCAL NO. 23 ANNUITY, PENSION, AND HEALTH AND WELFARE FUNDS, and THE
JOINT APPRENTICE TRAINING COMMITTEE LOCAL 23, ASBESTOS WORKERS, to the extent that
plaintiffs cannot sustain claims before this court under the Employee Retirement Income Security Act (“ERISA”),
29 U.S.C. § 1001, et seq., for recovery of delinquent benefits contributions or for breach of fiduciary duty when
those claims are based on an expired collective bargaining agreement and there is no evidence of an employer
promise to pay, in accordance with the court’s memorandum (Doc. 33) and order (Doc. 34), dated May 7, 2019.

This action was (check one):
9 tried by a jury with Judge or Magistrate Judge
rendered a verdict.

9

tried by Judge or Magistrate Judge

X

decided by Judge or Magistrate Judge

presiding, and the jury has
without a jury and the above decision
Chief Judge Christopher C. Conner

MOTION FOR SUMMARY JUDGMENT
Date:

May 7,. 2019

CLERK OF COURT PETER WELSH, Clerk of Court
K. McKinney
Signature of Clerk or Deputy Clerk