Sheet Metal Workers Pension Trust of Northern California v. Bay Area Balancing and Cleanrooms, Inc.

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SHEET METAL WORKERS PENSION Case No. 21-cv-02721-JCS TRUST OF NORTHERN CALIFORNIA, et 6 al.,

ORDER GRANTING MOTION TO

7 Plaintiffs, DISMISS CROSS-CLAIMS 8 v. Re: Dkt. No. 25

9 BAY AREA BALANCING AND

CLEANROOMS, INC.,

10 Defendant. 11 12 Plaintiffs—several union benefit trust funds and their trustees—brought this action under 13 the Employment Retirement Income Security Act (“ERISA”) seeking to collect contributions 14 purportedly unpaid by Defendant Bay Area Balancing and Cleanrooms, Inc. (“Bay Area 15 Balancing”). Bay Area Balancing and its individual owner, Mark Avila, filed several “cross- 16 claims”1 against one of the plaintiff trust funds to recover pension benefits purportedly owed to 17 Avila. Plaintiffs move to dismiss the crossclaims, arguing that Avila is not a party to this case and 18 that Bay Area Balancing lacks standing to pursue Avila’s pension benefits, among other grounds 19 for dismissal. The Court finds the matter suitable for resolution without oral…