LoPresti v. Pace Press, Inc. et al
| Patrick LoPresti |
| Pace Press, Inc., PBS Litho, Inc., DG3 North America, Inc., Jack Mangiaracina, Jonathan Vitale and Seth Diamond |
| 1:2010cv09462 |
| December 20, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
57
OPINION AND ORDER: The Court now makes the findings of fact and reaches the following conclusions of law pursuant to Federal Rule of Civil Procedure 52 in the manner that is set forth in this Order. The Court has considered all of the arguments by a ll of the parties. To the extent not specifically addressed above, such arguments are either moot or without merit. The Court finds that evading or avoiding withdrawal liability was not a principal purpose of the transaction within the meaning of 29 U.S.C. § 1392(c). Accordingly, the plaintiff is not entitled to recover withdrawal liability from the defendants on the basis that a principal purpose of the sale transaction was to evade or avoid the withdrawal liability otherwise owing to the Plan. The Clerk is directed to close all pending motions. The defendants are directed to submit a proposed judgment within five (5) days. The plaintiff may submit any counter-judgment three (3) days thereafter. (Signed by Judge John G. Koeltl on 6/16/2012) (pl)
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Filing
21
MEMORANDUM ORDER AND OPINION #100379 denying re: 8 MOTION to Dismiss, filed by DG3 North America, Inc. The Clerk is directed to close Docket No. 8. (Signed by Judge John G. Koeltl on 5/27/11) (cd) Modified on 5/31/2011 (ajc).
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