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Durso v. Super G Foods Inc.

Defendants Not 'Single Employer'; Firm Withdrawing From Fund Liable Under MPPAA

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MEMORANDUM & ORDER   Plaintiffs, as trustees and fiduciaries of the Local 338 Retirement Fund, move for summary judgment as to defendants Super G Foods, Inc., Jaypeejay Foods, Inc., and Golden Key Food Stores, Inc.’s withdrawal liability pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §1381, et seq. Defendants have cross-moved for summary judgment. For the reasons set forth below, plaintiffs’ motion is granted, and defendants’ motion is denied. Background The Fund was established to provide retirement benefits to members of Local 338 RWDSU/UFCW (the “union”) and is an “employee benefit plan” and a “multiemployer plan” within the meaning of §§3(3) and 3(37) of ERISA, 29 U.S.C. §1002(3) and 1002(37). Dkt. 32, Defs.’ Rule 56.1 Statement (“Defs.’ 56.1″),

1-2. Super G, which is owned by the same individuals as the other defendant entities, entered into a series of collective bargaining agreements with the union whereby it was required to make contributions to the Fund. Id. 5. In or about May 2015, Super G ceased operations, leading to the termination of its contributions to the Fund. Dkt. 30, Defs.’ Cross-Motion Rule 56.1 Statement (“Defs.’ Cross-Motion 56.1″),

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