Sheet Metal Workers' National Pension Fund et al v. Accra Sheetmetal LLC et al
| National Energy Management Institute Commitee for the Sheet Metal and Air Conditioning Industry, National Stabilization Agreement of the Sheet Metal Industry Fund, Sheet Metal Occupational Health Institute Trust, Sheet Metal Workers' National Pension Fund and International Traiing Institute for the Sheet Metal and Air Conditioning Industry |
| Orlando Stokes and Accra Sheetmetal LLC |
| 2:2012cv03553 |
| July 18, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Arthur D. Spatt |
| 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
30
MEMORANDUM OF DECISION AND ORDER denying 25 Motion for Summary Judgment; It is hereby ORDERED, that the Plaintiffs motion for summary judgment is denied without prejudice with leave to renew upon a more complete summary judgment record. The summa ry judgment record should include evidence establishing that the Plaintiffs are entitled to the specific relief they seek, such as providing documentation with respect to the employees who Accra allegedly failed to make contributions for and the numb er of hours these employees worked. In this way, the Court will then be able to properly assess the Plaintiffs claim for unpaid contributions allegedly owed by the Defendants to the Benefit Funds; and it is further ORDERED, that there will be no paym ent for the legal work done with regard to this motion, but an award may be granted for the legal work done in connection with the Plaintiffs renewed application in the event the Plaintiffs prevail.. Ordered by Judge Arthur D. Spatt on 1/2/2014. (Coleman, Laurie)
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