Levering
Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California v. Levering
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 BOARDS OF TRUSTEES OF THE SHEET Case No. 20-cv-01425-JD
METAL WORKERS PENSION TRUST OF
NORTHERN CALIFORNIA, et al.,
ORDER RE MOTION TO DISMISS
Plaintiffs, 6 Re: Dkt. No. 12 v.
DOUGLAS LEVERING, Defendant. 9 Plaintiffs are a group of employee benefit plans and their fiduciaries. They have sued to enforce an arbitration award against defendant Douglas Levering, who is named “individually and doing business as Douglas Heating and Cooling (also known as Douglas Heating & Cooling).” Dkt. No. 1 ¶ 2. Levering asks to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) on the sole ground that he is not personally liable for the award. Dkt. No. 12. The motion is denied. As alleged in the complaint, Levering executed a Standard Form Union Agreement (SFUA) with the Sheet Metal Workers International Association Local Union No. 104 (Union) and the Bay Area Association of Sheet Metal and Air Conditioning Contractors National Association Chapters. Dkt. No. 1 ¶ 9. Levering signed in…