District Council 16 Northern California Health and Welfare Trust Fund v. Kya Services, LLC

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

DISTRICT COUNCIL 16 NORTHERN

7 CALIFORNIA HEALTH AND WELFARE Case No. 23-cv-03725-JCS TRUST FUND, et al., 8 Plaintiffs, ORDER DENYING MOTION TO 9 DISMISS v. 10 Re: Dkt. No. 9

KYA SERVICES, LLC,

11 Defendant. 12 13 I. INTRODUCTION 14 Plaintiffs—several union benefit trust funds and their trustees —assert claims against 15 Defendant Kya Services, LLC (“Kya”) under the Employee Retirement Income Security Act 16 (“ERISA”) related to late and unpaid fringe benefit contributions for the period March 1, 2018 – 17 April 30, 2019. Presently before the Court is Kya’s Motion to Dismiss (“Motion”), in which it 18 asserts that Plaintiffs’ claims are untimely, as a matter of law, because the contributions were for 19 months that fall outside of the four-year limitations period that applies to Plaintiffs’ claims and 20 therefore, that the complaint should be dismissed pursuant to Rule 12(b)(6) of the Federal Rules of 21 Civil Procedure. The Court finds that the…