Board of Trustees of the Teamsters Miscellaneous Security Trust Fund v. Allied Protection Services, Inc.

I. INTRODUCTION AND BACKGROUND

On September 18, 2019, plaintiff Board of Trustees of the Teamsters Miscellaneous Security Trust Fund filed this action against defendant Allied Protection Services, Inc. (“Allied”). Dkt. 1 (‘Compl.”). The complaint asserts one claim for breach of contract. Id. Plaintiff is the administrator and fiduciary of the Teamsters Miscellaneous Security Trust Fund (“the Trust” or “the TMSTF”). Compl. {§ 3-5. The Trust was established pursuant to a collective bargaining agreement (“the Labor Agreement’) between various employers and local unions affiliated with the International Brotherhood of Teamsters (“IBT”). Id. 43. Plaintiff's claim arises out of the alleged failure of Allied, an employer subject to the Labor Agreement, to honor the terms of the Trust Acceptance and Contract Data form and the Declaration of Trust establishing the Trust (together, “the Trust Agreements”), as well as the Labor Agreement (collectively, “the Agreements”). See generally Compl. Plaintiff alleges that the Agreements require Allied to, among other things, “make contributions to the TMSTF on behalf of its employees performing work…