Board of Trustees v. Gudgel Yancey Roofing Inc.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Plaintiffs Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund; Pacific Roofers Pension Plan; East Bay/North Bay Roofers Vacation Trust Fund, Bay Area Counties Roofing Industry Promotion Fund, Bay Area Counties Roofing Industry Apprenticeship Training Fund; and Doug Ziegler, as Trustee (collectively, “Plaintiffs”), are multi-employer employee benefit plans. Plaintiffs bring this action against Defendant Gudgel Yancey Roofing, Inc. (“Defendant”) alleging violations of the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 , and the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 . ECF No. 1 (“Compl.”). Before the Court is Defendant’s motion to dismiss. ECF No. 15 (“Def. Mot”). The Court finds this matter appropriate for determination without oral argument and hereby VACATES the hearing set for December 8, 2016. See Civil L.R. 7-l(b). Having considered the parties’ submissions, the relevant law, and the record in this case, the Court hereby GRANTS Defendant’s motion to dismiss.

I. BACKGROUND

A. Factual Background

Plaintiffs are multi-employer employee benefit funds. Compl. ¶ 7.…