Pension Plan for Pension Trust Fund for Operating Engineers v. Weldway Construction, Inc.
Opinion
lead Opinion
Spero, J.
ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION; DENYING DEFENDANTS’ MOTION TO COMPEL ARBITRATION
I. INTRODUCTION
On November 5, 2012, Plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers (“Fund”) and F.G. Crosthwaite and Russell E. Burns as trustees (collectively “Plaintiffs”) filed a Complaint seeking money judgment against Defendants Weldway Construction, Inc. (“WCI”) and Weldway, Inc. (“Weldway,” collectively “Defendants”). Plaintiffs seek to recover withdrawal liability and related damages from Defendants pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”). Presently before the Court are two Motions: (1) Plaintiffs Motion for a Preliminary Injunction Enjoining Defendants from Participating in Arbitration Proceedings or, in the Aternative, for Stay of Abitration Proceedings (“Plaintiffs Motion”); and (2) Defendant’s Cross-Motion to Compel Abitration (“Defendant’s Motion”). The parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (e). For the reasons discussed below, the Court GRANTS…