Board of Trustees, Sheet Metal Workers' National Pension Fund et al v. Four-C-Aire, Inc.
MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 4/21/2017. (awac, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Board of Trustees, Sheet Metal
Workers' National Pension Fund, et al..
Civil Action No. l:16-cv-1613
Hon. Liam O'Grady
This ERISA case comes before the Court on Defendant's motion to dismiss the Amended
Complaint for failure to state a claim upon which relief can be granted. (Dkt. No. 20). The
Amended Complaint seeks to recover for three separate categories of payments; (1) delinquent
payments and audit fees from before January 2015; (2) delinquent payments and reporting
violations after January 2015; and (3) an exit contribution. The parties fully briefed the matter,
and the Courtheld oral argument on April 7,2016. For the reasons that follow, the Courthereby
GRANTS IN PART and DENIES IN PART the motion. Specifically,the Court DENIES the
motionto dismiss for the delinquent contributions and reporting that accrued after January 2015,
but GRANTSthe motion to dismiss for all of Count II (seeking an exit contribution) and the
portion of Count I that was previously adjudicated in this Court.
There are six Plaintiffs in this case. They are the separate and individual Boards of
Trustees of the Sheet Metal Workers' National Pension Fund ("NPF"), the Intemational Training
' The following factual recital is drawn from the Amended Complaint and is accepted as true for the
purposes of this motion.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?