Trustees of the Southern California IBEW-NECA Pension Plan v. JAM Fire Protection

Good Law

718 F. Supp. 2d 1176·2009 WL 6525614·188 L.R.R.M. (BNA) 2946·2009 U.S. Dist. LEXIS 127195

United States District Court, Central District of CaliforniaNovember 3, 2009Case No.: CV 08-2357 ABC (JWJx)California4,757 words

Opinion

Collins, J.

ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

Pending before the Court is a renewed motion for summary judgment filed on August 31, 2009 by Plaintiffs, which are various union-related trusts and other union-related entities (together the “Union”). Defendant JAM Fire Protection (“JAM”) opposed on September 21, 2009, and the Union replied on September 28, 2009. Also pending is JAM’s cross-motion for summary judgment, filed on September 2, 2009. The Union opposed on September 21, 2009 and JAM replied on September 28, 2009. The Court previously found these matters appropriate for resolution without oral argument and vacated the November 2, 2009 hearing date. See Fed. R.Civ.P. 78; Local Rule 7-15. For the reasons below, the Court GRANTS the Union’s motion and DENIES JAM’s motion.

I. BACKGROUND

The Union brought this action under the Employee Retirement Income Security Act against JAM, a company that performs electrical work on construction projects. This action centers around work JAM did for the Los Angeles Unified School District (“LAUSD”). Pursuant to that work, JAM was subject to a Project Stabilization Agreement (“PSA”) and a Local 11 Inside Wiremeris Agreement (“IWA”). The…

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