Obaid v. Building Service 32BJ Pension Fund et al
||Building Service 32BJ Pension Fund and Board of Trustees of Building Service 32BJ Pension Fund
||January 10, 2013
||US District Court for the Southern District of New York
||Foley Square Office
||John G. Koeltl
|Nature of Suit:
|Cause of Action:
||29:1132 E.R.I.S.A.-Employee Benefits
|Jury Demanded By:
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|December 2, 2014
MEMORANDUM OPINION AND ORDER. The plaintiff is entitled to a judgment equal to the disability pension benefits withheld from the date of entitlement to the date of judgment, minus all long term disability benefits and early retirement pension benefit s actually paid to Obaid. The plaintiff is also entitled to disability pension benefits going forward. However, neither party has briefed (a) the precise dollar amount of disability benefits that was improperly withheld from Obaid, (b) whether Obaid is entitled to attorneys fees and costs, (c) the proper amount, if any, of the fees and costs, (d) whether Obaid is entitled to pre-judgment interest, and (e) the applicable pre-judgment interest rate. Therefore, this opinion concerns only the defend ants' liability. Obaid may move, with supporting evidence, for the Court to determine the dollar amount of disability benefits that were improperly withheld from Obaid and to award pre-judgment interest, attorneys fees, and costs. (Signed by Judge John G. Koeltl on 12/1/2014) (rjm)
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