Board of Trustees, Sheet Metal Workers' National Pension Fund et al v. Four-C-Aire, Inc.

Filing 27

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 4/21/2017. (awac, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Board of Trustees, Sheet Metal Workers' National Pension Fund, et al.. Plaintiffs, Civil Action No. l:16-cv-1613 Hon. Liam O'Grady Four-C-Aire, Inc., Defendant. MEMORANDUM OPINION 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. I. BACKGROUND' 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.

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