Morgan

Morgan v. Laborers Pension Trust Fund for Northern California

Good Law
27 Fed. R. Serv. 2d 1303·81 F.R.D. 669·1979 U.S. Dist. LEXIS 14329
United States District Court, Northern District of CaliforniaFebruary 20, 1979No. C-76-1250-CBRCalifornia5,520 words

Opinion

lead Opinion

Renfrew, J.

MEMORANDUM OF OPINION

On June 21, 1976, plaintiffs, four hourly laborers who had been unable to qualify for pension benefits from defendant Laborers Pension Trust Fund for Northern California (“Trust Fund”), brought suit against the Trust Fund and its trustees in this Court. Claiming that the eligibility structure of the Trust Fund’s pension plan arbitrarily and capriciously excluded a significant number of covered workers from pension benefits in violation of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (“ERISA”), and the Taft-Hartley Act, 29 U.S.C. § 186 (c)(5), plaintiffs sought injunctive relief, declaratory relief, and monetary damages.

On November 3, 1978, plaintiffs filed two motions for the Court’s consideration. The first sought leave to file an amended com-. plaint naming three additional parties plaintiff, or, in the alternative, leave for these parties to intervene. The second sought an order certifying this action as a class action. These are the motions now hefore the Court.

AMENDMENT OF COMPLAINT

There are four plaintiffs presently named in the action before this Court: Edmon Morgan, Walter Brice, Gilbert Stone, and Jeff Dodson.…

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