Trustees of The Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Int v. Hopwood et al

Justia Dockets & Filings Second Circuit New York Southern District Trustees of The Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Int v. Hopwood et al

Plaintiff:	Trustees of The Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Int
Defendant:	Lawrence P Hopwood, Martin M. Hopwood and Richard J Hopwood
Case Number:	7:2009cv05088
Filed:	June 1, 2009
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Putnam
Presiding Judge:	Kenneth M. Karas
Nature of Suit:	None
Cause of Action:	29 U.S.C. § 1145 E.R.I.S.A.
Jury Demanded By:	None

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Date Filed	Document Text
September 27, 2012	Filing 58 OPINION AND ORDER granting 45 Motion for Summary Judgment. For the foregoing reasons, the Court GRANTS summary judgment to the Funds against Martin Hopwood and Richard Hopwood on their claim for breach of the Payment Agreement. The Court also GRANT S summary judgment to the Funds against Martin Hopwood on their claim for breach of his duty as an ERISA fiduciary. The Clerk of the Court is respectfully directed to terminate this motion (Doc. 45).The Court enters a judgment against the Martin and Richard Hopwood in the amount of $101,298.44 for breach of the Payment Agreement. The Court enters a judgment against Martin Hopwood in the amount of $216,132.24 for breach of fiduciary duty, less any amount the Funds receive from Martin and Richard Hopwood for breach of the Payment Agreement. The Parties are directed to appear for a status conference on October 24, 2012 at 11:00 a.m. It is SO ORDERED(Signed by Judge Edgardo Ramos on 9/27/2012) (fk)

Date Filed

Document Text

September 27, 2012

Filing 58 OPINION AND ORDER granting 45 Motion for Summary Judgment. For the foregoing reasons, the Court GRANTS summary judgment to the Funds against Martin Hopwood and Richard Hopwood on their claim for breach of the Payment Agreement. The Court also GRANT S summary judgment to the Funds against Martin Hopwood on their claim for breach of his duty as an ERISA fiduciary. The Clerk of the Court is respectfully directed to terminate this motion (Doc. 45).The Court enters a judgment against the Martin and Richard Hopwood in the amount of $101,298.44 for breach of the Payment Agreement. The Court enters a judgment against Martin Hopwood in the amount of $216,132.24 for breach of fiduciary duty, less any amount the Funds receive from Martin and Richard Hopwood for breach of the Payment Agreement. The Parties are directed to appear for a status conference on October 24, 2012 at 11:00 a.m. It is SO ORDERED(Signed by Judge Edgardo Ramos on 9/27/2012) (fk)

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Plaintiff: Trustees of The Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers Int
Represented By:	David Jules Selwocki
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Defendant: Lawrence P Hopwood
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Defendant: Martin M. Hopwood
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Defendant: Richard J Hopwood
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