Trustees Of The New York City District Council Of Carpenters Pension Fund v…
Trustees Of The New York City District Council Of Carpenters Pension Fund v. Mensch Millwork Corp.
- Laura Swain
- 1:23-cv-09703
- U.S. District Court · Southern District of New York
- 1
In Mensch Millwork, Judge Rearden ordered the defendant to identify commonly controlled businesses and provide that information to the pension fund within 30 days.
Mensch Millwork Corp. must identify businesses under common control and provide the information to the Trustees of the New York City District Council of Carpenters Pension Fund within 30 days.
What happened
Trustees of the New York City District Council of Carpenters Pension Fund sued Mensch Millwork Corp. to collect outstanding withdrawal liability under the Employee Retirement Income Security Act.
The order requires Mensch Millwork Corp. to identify all businesses under common control and provide that information to the plaintiffs within 30 days.
Judge Jennifer H. Rearden issued the order on June 7, 2024; the text identifies it as a proposed order.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:23-cv-09703
- Laura Swain
- June 7, 2024
Background
The Trustees of the New York City District Council of Carpenters Pension Fund filed a complaint seeking to collect outstanding withdrawal liability from Mensch Millwork Corp. The complaint invokes sections 502(g)(2), 515, and 4301(b) of the Employee Retirement Income Security Act (ERISA).
The order states that businesses under common control are treated as a single employer for purposes of collecting withdrawal liability, and that each business may be liable for another business’s withdrawal liability.
Order
The court ordered Mensch Millwork Corp. to identify all businesses under common control and provide that information to the plaintiffs within 30 days of the order. The text does not decide the amount of withdrawal liability or resolve the underlying collection claim.
Disposition and Scope
This is a procedural order concerning information disclosure in the litigation. Judge Jennifer H. Rearden signed the order dated June 7, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.