Walker
Carpenters Pension Trust Fund v. Walker
Opinion
Lead Opinion
*1037 ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT
Re: Dkt. No.
WILLIAM H. ORRICK, United States District Judge
After I granted plaintiff Carpenters Pension Trust Fund for Northern California’s (the “Pension Fund”) motion for summary judgment against defendants Keith Walker, the Keith Walker Trust dated March 17, 1999, the Keith Walker Trust dated May 17, 1999, and the Real Estate Leasing Business operated by the Keith Walker Trust, the Pension Fund amended its complaint to add defendants K & M Industries, Inc. (“K & M”) and D & B Engineered Applications, Inc. (“D & B”). The sole issue in this case is whether these two companies are “trades or businesses” so as to render them control group members pursuant to 29 U.S.C. § 1301 (b)(1). The undisputed facts prove that both K & M and D & B have an economic nexus to the operations of RFI and the control group, and that both have operated as income-generating businesses during the relevant time period. Because this establishes that they were “trades or businesses” under section 1301(b), I GRANT the Pension Fund’s motion for summary judgment.