Pension Plan for Pension Trust Fund for Operating Engineers v. Kino Aggregates, Inc.

Good Law
United States District Court, Northern District of CaliforniaNovember 16, 20233:21-cv-06766California986 words

Opinion

trial_court Opinion

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 PENSION PLAN FOR PENSION Case No. 21-cv-06766-MMC

TRUST FUND FOR OPERATING

8 ENGINEERS, et al.,

ORDER GRANTING DEFENDANT

9 Plaintiffs, ELEANOR PLANT'S MOTION FOR

SUMMARY JUDGMENT

v. 10

11 KINO AGGREGATES, INC., et al., Defendants. 12 13 Before the Court is defendant Eleanor Plant's Motion, filed October 12, 2023, "for 14 Summary Judgment or, in the Alternative, Adjudication of Individual Causes of Action." 15 Plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers, James E. 16 Murray, and Dan Reding have filed opposition, to which defendant has replied. Having 17 read and considered the papers filed in support of and in opposition to the motion, the 18 Court rules as follows.1 19 In the operative complaint, the First Amended Complaint ("FAC"), plaintiffs assert 20 three claims against defendant. In the First Cause of Action, plaintiffs allege that, in 21 2016, Kino Aggregates, Inc. ("Kino") "made a complete withdrawal from participation in 22 the Pension…

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