FUCHS v. ALLEN

No. 1:02 CV 1552.

363 F.Supp.2d 407 (2005)

John FUCHS, as Executive Secretary-Treasurer of the Empire State Regional Council of Carpenters; Stephen Flynn, as the Eastern District Representative of the United Brotherhood of Carpenters and Joiners of America, and as Assistant Supervisor of Carpenters Local Union No. 229; Ronald Kent, as Trustee of and Participant in the Adirondack Carpenters Pension Fund and the Carpenters Local 1042/229 Health Care Fund; Leonardo Osborne; and Terry Middleton, Plaintiffs, v. Philip ALLEN, Individually, and as Trustee of the Adirondack Carpenters Pension Fund, the Carpenters Local 1042/229 Health Fund, and the Local 229 Carpenters Joint Apprentice and Training Fund; Stephen Pinchook, Individually, and as Trustee of the Adirondack Carpenters Pension Fund, the Carpenters Local 1042/229 Health Fund, and the Local 229 Carpenters Joint Apprentice and Training Fund; and Michael Trombley, Individually, and as Trustee of the Adirondack Carpenters Pension Fund, and the Carpenters Local 1042/229 Health Fund, Defendants.

United States District Court, N.D. New York.

March 29, 2005.


Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, PC, John H. Byington, III, Esq., of Counsel, Mineola, NY, Attorneys for Plaintiffs.

Gleason, Dunn, Walsh & O'Shea, Ronald G. Dunn, Esq., of Counsel, Albany, NY, Attorneys for Defendant Allen.

Nixon, Peabody LLP, John E. Higgins, Esq., of Counsel, Albany, NY, Attorneys for Defendants Pinchook and Trombley.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On December 13, 2002, plaintiffs filed the instant complaint alleging six causes of action: (1) breaches of fiduciary duty, in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1104(a)(1)(A), (B), and (D) (First, Second, and Fifth causes of action); (2) engaging in a prohibited transaction...

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