IATSE Local 33 Section 401(k) Plan Board of Trustees v. Michael L. Bullock et al
| IATSE Local 33 Section 401(k) Plan Board of Trustees |
| Michael L Bullock, Securities America, Inc. and Massachusetts Financial Services Company |
| 2:2008cv03949 |
| June 17, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Matz |
| Segal |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
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Filing
63
JUDGMENT by Judge A. Howard Mat re Stipulation for Judgment 62 . Good cause having been shown, the Court GRANTS FMS' Motion as follows: Plaintiff IATSE Local 33 Section 401(k) Plan Board of Trustees First through Fifth causes of action against Massachusetts Financial Services Company are dismissed with prejudice. Plaintiff Sixth through Eight causes of action against MFS are dismissed without prejudice. (jp)
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Filing
57
MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court GRANTS the MOTION to Dismiss 26 with prejudice in part and DENIES it in part. Specifically, the Court dismisses with prejudice the Complaint's first three ERISA claims, because they all depend on the allegation, now abandoned by Plaintiff, that MFS is a Plan fiduciary. The Court dismisses with prejudice the Complaint's fourth and fifth ERISA claims because they depend on the unsupportable allegation that MFS is a "par ty in interest." The Court holds that the state law claims are not completely preempted by ERISA because they do not fall within the scope of ERISAs civil enforcement provisions. In the absence of complete preemption, the Court has only suppleme ntal jurisdiction over the claims, and must consider the interests of economy, convenience and fairness to the parties, and comity, in deciding whether to exercise that jurisdiction. Having weighed those factors, the Court will not assert supplemental jurisdiction over the state law claims and dismisses them without prejudice (see document for further details). (jp)
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Filing
47
MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: On the Courts own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION Defendant Securities America, Inc.s Motion to Compel Arbitration. The parties will be notified if a hearing is necessary. (smo)
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