Iron Workers Local 12 Pension Fund et al
| Iron Workers Local 12 Pension Fund, Iron Workers Local 12 Health Insurance Fund, Iron Workers Local 12 Joint Training and Education Fund, Iron Workers Local Union No. 12 and Employers Cooperative Trust, Iron Workers District Council of Western New York and Vicinity Pension Fund, Iron Workers District Council of Western New York and Vicinity Annuity Fund, Upstate Ironworker Employers' Association, Inc. and Iron Workers Local Union No. 12 |
| Standard Steel Fabricators, Inc. and David Meixner |
| 1:2016cv00625 |
| June 2, 2016 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Christian F. Hummel |
| Glenn T. Suddaby |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1104 |
| None |
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|---|
Filing
46
DECISION AND ORDER granting in part and denying in part # 38 Plaintiffs' Motion for Summary Judgment: (1) Plaintiffs' motion seeking a final judgment for the known debt is DENIED; (2) Plaintiffs' motion for summary judgment as matter of law is DENIED; (3) Plaintiffs' motion for entry of judgment against Defendant Meixner in the amount of $173,078.10 is DENIED; (4) Plaintiffs' motion for an order directing Defendants to produce their records for an audit is GRANTED , and Defendants are directed to produce their records as set forth in this Decision and Order no later than NOVEMBER 1, 2018; and (5) Plaintiffs' motion to dismiss Defendants' affirmative defenses is DENIED. Counsel are directed to appear on JANUARY 3, 2019 at 11:00 a.m. in chambers for a pretrial conference, at which counsel are directed to appear with settlement authority, and in the event that the case does not settle, a bench trial will be scheduled at that time. Plaintiff is fur ther directed to forward a written settlement demand to defendants no later than DECEMBER 3, 2018, and the parties are directed to engage in meaningful settlement negotiations prior to the conference. Signed by Chief Judge Glenn T. Suddaby on 9/21/18. (lmw)
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