Columbia Export Terminal, LLC v. ILWU-PMA Pension Fund

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 COLUMBIA EXPORT TERMINAL, LLC, Case No. 20-cv-08202-JSW

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS, WITH LEAVE TO AMEND,

AND SETTING CASE MANAGEMENT

ILWU-PMA PENSION FUND, et al., CONFERENCE Defendants. Re: Dkt. No. 41

12 Now before the Court for consideration is the motion to dismiss filed by the ILWU-PMA Pension Plan and the ILWU-PMA Welfare Plan (collectively the “Plans”). The Court has considered the parties’ papers, relevant legal authority, the record in this case, and it HEREBY GRANTS the Plans’ motion, with leave to amend. BACKGROUND A. The Facts Underlying the Parties’ Dispute. On November 20, 2020, Columbia Export Terminal, LLC (“CET”) filed its Complaint seeking “a declaratory judgment from the Court that it is entitled to a refund or restitution of overpayments made” to the Plans “as a result of mistake of fact or law[.]” (Compl. ¶ 1 (citing Employee Retirement Income Security…