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MARTINEZ v. DISTRICT 1199J NAT. UNION OF HOSP.

No. 97 CV 3381(WJM).

280 F.Supp.2d 342 (2003)

Lucy MARTINEZ, et al., Individually, and on behalf of themselves and all others similarly situated, Plaintiffs, v. DISTRICT 1199J NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFSCME, AFL-CIO; District 1199J New Jersey Benefit Fund; District 1199J New Jersey Pension Fund for Hospital and Health Care; Preferred Choice Management Systems, Inc., d/b/a Magnacare; Santo M. Sacco; Brendan Farrelly; Steven Schilsky; Victor Garcia; Joseph Franklin; Myrtle Hartsfield; Carolyn Keys; John Doe Defendants 1 Through 20, The Trustees of the District 1199J New Jersey Pension Fund for Hospital and Health Care Employees; John Dandridge, et al., Defendants.

United States District Court, D. New Jersey.

September 9, 2003.

Attorney(s) appearing for the Case

Reginald H. Rutishauser, Esq., Kantrowitz, Goldhamer, & Graifman, Montvale, NJ, for Plaintiffs.

Nancy Oxfeld, Esq., Oxfeld Cohen, P.C., Newark, NJ, for Defendants District 1199J, District 1199J Welfare Fund and Trustees, and District 1199J Pension Fund and Trustees.

MEMORANDUM OPINION

MARTINI, District Judge.

Presently before this Court are cross motions for summary judgment filed by the certified class action Plaintiffs, Defendants District 1199J National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO (hereafter "Union Defendant"), and District 1199J New Jersey Benefit Fund and Trustees (hereafter "Benefit Fund Defendant"). Plaintiffs cross move for partial summary judgment on liability on the following...

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