Pig Newton, Inc. v. The Boards of Directors of the Motion Picture Industry Pension Plan et al
| Pig Newton, Inc. |
| The Boards of Directors of the Motion Picture Industry Pension Plan, The Motion Picture Industry Health Plan and The Motion Picture Industry Individual Account Plan |
| 1:2013cv07312 |
| October 16, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
59
OPINION AND ORDER re: 47 MOTION for Attorney Fees filed by The Boards of Directors of the Motion Picture Industry Pension Plan. For the reasons stated herein, Defendants' motion for attorneys' fees and costs is GRANTED IN PART: The Court will award attorneys' fees in the aggregate amount of $162,336.00, and costs in the amount of $1,242.73. The Clerk of Court is directed to terminate Docket Entry 47. In addition, on or before March 4, 2016, Defendants are ORDERED to file a current damages analysis, which shall set forth the amount of delinquent contributions for Plaintiff as of March 1, 2016. (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 2/24/2016) (mro)
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Filing
43
OPINION AND ORDER re: 26 MOTION for Summary Judgment Notice of Motion for Summary Judgment. filed by The Boards of Directors of the Motion Picture Industry Pension Plan, The Motion Picture Industry Individual Account Plan, The M otion Picture Industry Health Plan, 19 MOTION for Summary Judgment . filed by Pig Newton, Inc. For the reasons stated herein, Plaintiff's motion for summary judgment seeking a ruling pursuant to the Declaratory Judgment Act decl aring the Controlling Employee Provisions invalid and unenforceable is DENIED; Defendants' cross-motion for summary judgment on this issue is GRANTED. Plaintiff's Complaint is dismissed in its entirety. Furthermore, Defendants' moti on for summary judgment on its Amended Counterclaim pursuant to 29 U.S.C. § 1145 for contributions, interest, auditors' fees, and liquidated damages is GRANTED; and Plaintiff's motion for summary judgment dismissing the Amended Coun terclaim is DENIED. The Clerk is directed to terminate Docket Entries 19 and 26. By April 10, 2015, the Directors shall file a current damages analysis, along with documentation in support of attorneys' fees and costs; Plaintiff may file a response by April 24, 2015; and the Directors may file their reply, if any, by May 1, 2015. (Signed by Judge Katherine Polk Failla on 3/5/2015) (lmb)
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