Sheet Metal Workers' National Pension Fund, et al v. Maximum Metal Manufacturers, Inc. et al
| Sheet Metal Workers' National Pension Fund,, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry, Sheet Metal Occupational Health Institute Trust, International Training Institute for the Sheet Metal and Air Conditioning Industry and National Stabilization Agreement of the Sheet Metal Industry Fund |
| Maximum Metal Manufacturers, Inc., Steven Smith and Elvis Maynard |
| 1:2013cv07741 |
| October 31, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
68
OPINION & ORDER re: 56 MOTION for Summary Judgment filed by National Stabilization Agreement of the Sheet Metal Industry Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Work ers' National Pension Fund,, Sheet Metal Occupational Health Institute Trust, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry: For the foregoing reasons, the Court grants summary judgment f or the Benefits Funds as to claims arising under the 2005 CBA. The Court directs the Benefits Funds to inform the Court by January 8, 2016 of its recalculated interest figures. The Clerk of Court is directed to close the motion pending at Dkt. 56. (Signed by Judge Paul A. Engelmayer on 12/17/2015) (tn)
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Filing
51
OPINION & ORDER re: 32 MOTION for Summary Judgment filed by National Stabilization Agreement of the Sheet Metal Industry Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Sheet Metal Workers 9; National Pension Fund, Sheet Metal Occupational Health Institute Trust, National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry. Because no application to compel arbitration of plaintiffs' claims u nder the 2005 CBA has been made, the Court does not grant that relief. The Court stands ready to do so, on an appropriate application. The Court directs plaintiffs, within two weeks of this decision, i.e., by Tuesday, September 1, 2015, either to (1) make such a motion or (2) move anew for summary judgment as to the 2005 CBA claim, this time explaining, with reference to on-point case authority, the basis for any claim that the arbitration clause in that CBA does not mandate arbitration. In the event that no such filing is received, the Court expects to dismiss, sua sponte, plaintiffs' claims based on the 2005 CBA, on the grounds that this Court is not a proper forum to resolve these claims, and that if plaintiffs are to pursue such cl aims, they must do so in arbitration. For the reasons stated herein, the Benefits Funds' motion for summary judgment is granted against all defendants for the period from August 1, 2009 through July 31, 2013. However, the Court denies summary judgment as to the portion of the Benefits Funds' claims relating to contributions for the period between March 2009 and July 2009, because those claims are subject to a binding arbitration clause in the 2005 CBA. The Benefits Funds are directed to recalculate the delinquent contributions, interest, liquidated damages, and audit fees to reflect this decision, and to submit to the Court their revised calculations by September 1, 2015. The Benefits Funds are also awarded attorneys' fees, in the amount of $24,217.88, and costs in the amount of $940.68. The Benefits Funds are further directed, by September 1, 2015, to notify the Court as to their intentions with respect to claims under the 2005 CBA, as addressed herein. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 32. (As further set forth in this Order.) (Motions due by 9/1/2015.) (Signed by Judge Paul A. Engelmayer on 8/18/2015) (kko)
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