Trustees of the Central States, Southeast & Southwest Areas Pension Fund v. Golden Nugget, Inc.

OPINION AND ORDER RE: POST-TRIAL MOTIONS AND AMENDED AND SUPPLEMENTAL JUDGMENTS

INTRODUCTION

Plaintiffs Trustees of the Central States, Southeast & Southwest Areas Pension Fund (the “Fund”) brought suit against defendants Golden Nugget, Inc., Clyde T. Turner (collectively “Nugget”) and The Palmieri Company (“Palmieri”) to resolve a dispute arising out of the Fund’s sale of certain promissory notes, through its agent Palmieri, to the Nugget, and the subsequent prepayment of the notes. The Fund’s Second Amended Complaint alleged breach of contract, breach of the covenant of good faith and fair dealing, fraud, common counts, civil violation of the Racketeering Influenced and Corrupt Organizations Act (“RICO”), and related equitable claims for reformation or rescission and restitution against the Nugget and Turner, and violation of the Employee Retirement Income Security Act (“ERISA”) and related state law claims against Palmieri. Nugget filed a counterclaim against the Fund for attorney’s fees. Palmieri filed a cross-claim against Nugget for indemnity, contribution and declaratory relief.

The Court dismissed before trial the Fund’s common counts and RICO claims against Nugget, and…