Automobile Mechanics' Local No. 701 Union and Industry Pension Fund et al v. Dynamic Garage, Inc. et al
| Automobile Mechanics' Local No. 701 Union and Industry Pension Fund and Automobile Mechanics' Local No. 701 Union and Industry Welfare Fund |
| Dynamic Garage, Inc. and Fab Express, Inc. |
| 1:2016cv08967 |
| September 15, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E. Chang |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
78
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 9/30/2018: For the reasons stated in the Opinion, the Defendants' motion 59 for summary judgment is granted on the alter-ego claim, as well as on excluding FAB trailer and field mechanics and the JJH employees. The Funds' motion 56 is granted insofar as Dynamic and FAB are deemed to be a single employer, and also on the issue of FAB's ongoing obligations to contribute for Salazar and Bednarowicz. The remai ning dispute is whether the CBA (and the corresponding benefits obligation) applies to Genebacher. The parties shall commence settlement negotiations immediately. At the next status hearing, the parties shall report on the settlement progress, and al so shall be prepared to state their position on whether an in-court evidentiary hearing is needed (essentially, a bench trial on the claim as to Genebacher), or whether they are willing to submit that issue to the Court on the papers for a finding.Emailed notice(eec)
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