Harju et al v. Olson et al
| Brent K. Harju, Lance L. Tveiten, Norman D. Voorhees and Iron Workers Local Union No. 512 |
| John Riihiluoma, Craig Olson, Jeff Daveau, Elizabeth Adatte, Duluth Building Trades Welfare Fund, Mark Hubbard and Mike Gerber |
| 0:2008cv01329 |
| May 15, 2008 |
| US District Court for the District of Minnesota |
| DMN Office |
| St. Louis |
| Erickson |
| Tunheim |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing
84
MEMORANDUM OPINION AND ORDER (1) Defendant Duluth Building Trades Welfare Fund's 28 Motion for Summary Judgment is GRANTED in part and DENIED in part, as follows: a) As to Counts 1 and 3 of the Complaint, the motion is DENIED; b) As to Count 2 of the Complaint, the motion is GRANTED in part and DENIED in part, as follows: i) As to breach of fiduciary duty for failure to produce plan documents and failure to address all arguments in the Claim Letter, the motion is GRANTED; and ii) As to Plaintiffs' remaining claims for breach of fiduciary duty, the motion is DENIED. (2) Defendants Named Trustees' 44 Motion for Dismissal or Summary Judgment is GRANTED in part and DENIED in part, as follows: a) As to Counts 1 and 3 of the Complaint, the motion is DENIED; b) As to Count 2 of the Complaint, the motion is GRANTED in part and DENIED in part, as follows: i) As to breach of fiduciary duty for failure to produce plan documents and failure to address all arguments in the Claim Letter, the motion is GRANTED; and ii) As to Plaintiffs' remaining claims for breach of fiduciary duty, the motion is DENIED. 3) Plaintiff Iron Wo rkers Local Union No. 512 and Individual Plaintiffs' 31 Motion for Summary Judgment is GRANTED in part and DENIED in part, as follows: a) As to Counts 1 and 2 of the Complaint, the motion is DENIED; and b) As to Count 3 of the Co mplaint, the motion is GRANTED in part and DENIED WITHOUT PREJUDICE in part, as follows: i) As to Plaintiffs request for statutory penalties for Defendants' refusal to produce requested documents, the motion is GRANTED, and the Cou rt ORDERS Defendants to pay Plaintiffs $42,020 in statutory penalties for failure to produce plan documents; and ii) As to Plaintiffs' request for equitable relief, the motion is DENIED WITHOUT PREJUDICE. 4) Plaintiffs' 39 Motion to Certify Class is GRANTED, and Faegre & Benson, LLP is APPOINTED as class counsel. 5) The Court further ORDERS Defendants to provide Plaintiffs with copies of any plan documents in existence prior to the 2003 SPD that reflect the Trustees' decision to allow a participant to maintain eligibility for coverage based on hours worked prior to the effective date of the decision to withdraw from the Fund. (Written Opinion). Signed by Judge John R. Tunheim on March 29, 2010. (DML)
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