Evans v. Ohio Laborers Fringe Benefit Programs et al
William Evans |
Ohio Laborers Fringe Benefit Programs, Laborers District Council of Ohio and Laborers District Council and Contractors Pension Fund of Ohio |
5:2012cv01459 |
June 8, 2012 |
US District Court for the Northern District of Ohio |
Akron Office |
Summit |
Benita Y. Pearson |
Employee Retirement Income Security Act of 1974 |
29 U.S.C. ยง 1132 |
None |
Available Case Documents
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Filing 39 Memorandum of Opinion and Order For the reasons set forth herein, the Court finds that Plaintiff has acquired ten (10) pension credits and ten (10) vesting credits in accordance with the Pension Plan. Therefore, the Court hereby orders that: ( 1) Plaintiff be given access to his vested pension benefits forthwith, retroactive to the date of his pension application, 8/26/2006, with interest at the appropriate statutory rate; (2) Defendant immediately provide Plaintiff with the appropriate benefit election forms to be completed by Plaintiff; and (3) Defendant pay Plaintiff reasonable attorney's fees incurred in bringing this action. Judge Benita Y. Pearson on 3/25/2014. Related document(s) 29 . (JLG) |
Filing 30 Order granting Plaintiff's motion to supplement (Related Doc # 26 ) and motion to strike (Related Doc # 25 ). Judge Benita Y. Pearson on 4/30/2013. (S,He) |
Filing 19 Memorandum Opinion and Order The harsh effect of the two-dismissal rule militates against construing its reach too broadly. The Court will not wield that rule to deprive Evans of his claim unless that claim is plainly subject to the rule. Be cause the Pension Fund fails to demonstrate the absence of any genuine issue of material fact in that regard, the Motion for Summary Judgment (ECF No. 11 , 16 ) is denied. This case is scheduled for a telephonic case management conference on 3/4/2013 at 2:00 p.m. Judge Benita Y. Pearson on 2/11/2013. (S,L) |
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