Trustees of the Utah Carpenters and Cement Masons Pension Trust et al v. Perry Olsen Drywall et al
| Trustees of the Utah Carpenters and Cement Masons Pension Trust and Utah Carpenters and Cement Masons Pension Trust Fund |
| Perry Olsen Drywall, Okland Construction Company, New Star General Contractors and Culp Construction Company |
| 2:2010cv00809 |
| August 17, 2010 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Samuel Alba |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
114
MEMORANDUM DECISION granting 110 Motion for Bond-For the reasons discussed by the court and briefed by the parties, the court grants the Plans request for an appellate costs bond in the amount of $14,950.00. Signed by Judge David Sam on 8/813. (jmr)
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Filing
113
MEMORANDUM DECISION granting 105 Motion for Attorney Fees. the court ORDERS that the Plaintiff be granted attorneys fees in the amount of $24,896 to be paid by theDefendant POD. Signed by Judge David Sam on 8/5/13. (jmr)
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Filing
100
MEMORANDUM DECISION-The Court grants the Plans motion for summary judgment on the remaining issue, finding that there is indeed a material difference between installment payments of withdrawal liability and statutory payments of withd rawal liability. The installment payments of withdrawal liability in this case were made with a principal purpose to evade or avoid withdrawal liability. 29 U.S.C. 1392. The statute, and equity, demands that withdrawal liability be determined without regard to such transactions. Thus, no credit or refund shall be granted to POD. Signed by Judge David Sam on 2/7/13. (jmr)
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Filing
90
MEMORANDUM DECISION-granting 60 Motion for Summary Judgment on the grounds that a collective bargaining agreement can constitute any transaction for withdrawal liability purposes within the plain meaning of 29 U.S.C. 1392(c); that the Employers in fact incurred withdrawal liability by adopting Amendment 5 with a principal purpose to evade or avoid that liability; and that the Arbitrator did not err in awarding the Plan its attorneys fees and costs pursuant to 29 C.F.R. 4221.10. However, the Court reserves the question of whether the Arbitrator erred in failing to credit the Employers payments toward their withdrawal liability until it receives additional information from the parties. Signed by Judge David Sam on 6/27/12. (jmr)
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