GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Retirement Fund v. Vanard Litographers Inc.
Published: Jun. 14, 2014 | Result Date: Jul. 9, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-05169-PSG-JEM Summary Judgment – $223,126
Court
USDC Central
Attorneys
Plaintiff
Defendant
Charles F. Barker
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
GCIU-Employer Retirement Fund and the Board of Trustees of the GCIU-Employer Retirement Fund filed a lawsuit against Vanard Litographers Inc. under the Employee Retirement Income Security Act of 1974.
The GCIU Fund is a multiemployer pension fund.
Contentions
PLAINTIFF'S CONTENTIONS:
The GCIU Fund and the GCIU Fund's Board of Trustees contended that Vanard, a withdrawing participating employer, failed to pay its interim withdrawal liability and its monthly contribution payments. The GCIU Fund and its Board of Trustees contended that payments were due and filed a Motion for Summary Judgment.
Damages
GCIU Fund sought $218,827 in past due interim withdrawal liability payment, plus interest, past due minimum contribution payments of $4,298.51, plus interest, attorney fees and costs.
Result
The court granted GCIU Fund's Motion for Summary Judgment requiring Vanard to pay $218,827, plus interest, in withdrawal liability and $4,299, plus interest, in unpaid contributions.
Other Information
The court, initially denied GCUI's request for attorney fees and costs without prejudice. The GCIU Fund submitted a motion for attorney fees and costs, which was granted. The GCIU Fund was awarded $8,405.25 in attorney fees and $858.50 in costs. FILING DATE: June 13, 2012.
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