Cole

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 BOARD OF TRUSTEES OF IBEW CASE NO. 1:21-CV-0750 AWI EPG LOCAL 100 PENSION TRUST FUND and 6 JOINT ELECTRICAL INDUSTRY

TRAINING TRUST FUND, ORDER ON PLAINTIFFS’ MOTION

7 FOR SUMMARY JUDGMENT Plaintiffs 8 v. (Doc. No. 26) 9 MICHAEL CHARLES COLE d/b/a 10 Michael Cole Electric, and DOES 1-50 inclusive, 11 Defendant 12 13 14 This is an ERISA related dispute between Plaintiffs the Board of Trustees of IBEW Local 15 100 Pension Trust Fund (“Pension Fund”) and the Joint Electrical Industry Training Trust Fund 16 (“Training Fund”) (collectively “Plaintiffs”) and Defendant Michael Cole (“Cole”) d/b/a Michael 17 Cole Electric (“MCE”). Plaintiffs allege a breach of 29 U.S.C. § 1132(a)(3) for MCE’s failure to 18 comply with audits for the calendar years 2016, 2017, 2018, and 2019.1 Currently before the 19 Court is Plaintiffs’ motion for partial summary judgment on the issue of whether MCE is bound 20 by a collective bargaining agreement. For the reasons that follow, the Court will deny…