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, )

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.