Unite Here Retirement Fund v. City Of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 UNITE HERE RETIREMENT FUND, et Case No. 5:20-cv-06069-EJD al., ORDER RE MOTIONS FOR Plaintiffs, SUMMARY JUDGMENT 10 v. Re: ECF Nos. 95, 97, 100 CITY OF SAN JOSE, et al., 12 Defendants.

13 This matter comes before the Court on a dispute regarding a withdrawal liability imposed by the Employee Retirement Income Security Act (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”). The MPPAA requires an employer withdrawing from a multiemployer pension plan to pay the unfunded vested benefits attributable to the withdrawing employer’s participation in the plan. Resilient Floor Covering Pension Fund v. M&M Installation, Inc., 630 F.3d 848, 851 (9th Cir. 2010). At least one of Defendants City of San Jose (the “City”) and Dolce International/San Jose, LLC (“Dolce International”) incurred such a liability when withdrawing from a multiemployer plan…