Joseph J. Upchurch v. International Union of Painters and Allied Trades Industry Pension Plan; Northern California Glaziers, Architectural Metal and Glassworkers Pension Trust Fund
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH J. UPCHURCH, No. 2:25-cv-1918 DC AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 INTERNATIONAL UNION OF
PAINTERS AND ALLIED TRADES
15 INDUSTRY PENSION PLAN; and
NORTHERN CALIFORNIA GLAZIERS,
16 ARCHITECTURAL METAL AND
GLASSWORKERS PENSION TRUST
17 FUND, 18 Defendants. 19 20 Plaintiff paid the filing fee and is proceeding in this matter pro se; pre-trial proceedings 21 are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Defendants filed 22 separate motions to dismiss this case. ECF No. 15 (motion of defendant Northern California 23 Glaziers, Architectural Metal and Glassworkers Pension Trust Fund (“Glaziers”)); 18 (motion of 24 defendant International Union of Painters and Allied Trades Industry Pension Plan (“IUPAT”)). 25 Plaintiff opposed the motions (ECF No. 23), and defendants submitted replies (ECF Nos. 24, 26). 26 All parties appeared for oral argument on December 17, 2025. ECF No. 29. For the reasons…