Upstate New York Engineers Health Fund et al v. John F. and John P. Wenzel Contractors, Inc. et al
||Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Engineers Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers and Upstate New York Operating Engineers Local 158
||John F. and John P. Wenzel Contractors, Inc. and Mark C. Squires
||May 23, 2017
||US District Court for the Northern District of New York
||Lawrence E. Kahn
||David E. Peebles
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
||29 U.S.C. § 1001
|Jury Demanded By:
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|March 14, 2019
MEMORANDUM-DECISION AND ORDERED, that Plaintiffs Motion (Dkt. No. 41) is GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiffs request to strike Defendants third and fifth affirmative defenses is GRANTED as to (1) Defendants past practice defense to Plaintiffs ERISA section 515 claim; and (2) all of Defendants remaining equitable defenses insofar as asserted against the Union; and it is further ORDERED, that Plaintiffs request to strike Defendants third and fifth affir mative defenses is DENIED in all other respects; and it is further ORDERED, that the remaining requests for relief contained in Plaintiffs Motion for (1) a protective order precluding discovery concerning an alleged past practice or alleged oral agre ement, Mem. at 7; and (2) an order precluding the depositions of certain witnesses, id. at 20 - 23 are REFERRED to the Magistrate Judge for resolution in light of the Courts findings in this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on March 14, 2019. (sas)
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