Operating Engineers' Pension Trust Fund v. Clark's Welding & MacHine
Opinion
Opinion
Conti, J.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
This matter comes before the Court on the Motion for Summary Judgment (“Mo tion”) filed by Plaintiffs Operating Engineers’ Pension Trust Fund (“Operating Engineers”), Gil Crosthwaite (“Crosthwaite”), and Russ Burns (“Burns”), as Trustees (collectively “Plaintiffs”). Docket No. 50. Defendants Clark’s Welding and Machine (“Clark’s Welding”), Sylvester Haberman (“Haberman”), and Franz Edelmayer (“Edelmayer”) (collectively “Defendants”) filed an Opposition, and Plaintiffs filed a Reply. Docket Nos. 77, 78. For the reasons stated herein, the Motion is GRANTED IN PART and DENIED IN PART.
II. BACKGROUND
A. Procedural Background
On January 7, 2009, Plaintiffs filed their Complaint against Defendants seeking payment of withdrawal liability in the sum of $330,921. Docket No. 1 (“Comph”) ¶ 1. On May 8, 2009, 2009 WL 1324049 , the Court denied Defendants’ Motion to Dismiss. Docket No. 25. Defendants filed their Answer on May 21, 2009. Docket No. 30 (“Answer”). On July 28, 2009, 2009 WL 2252121 , the Court granted in part and denied in part Plaintiffs’ Motion to Strike. Docket No. 43.