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The Nat'l Retirement Fund v. The Ruprecht Co.

Fund Granted Judgment; Firm Did Not Challenge Accuracy of Revised Assessment

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OPINION & ORDER Before the Court is the motion for summary judgment of Plaintiffs The National Retirement Fund and the Board of Trustees of the National Retirement Fund, each on behalf of the Legacy Plan of the National Retirement Fund (together, “Plaintiffs” or the “Fund”), (ECF No. 39), and the cross-motion for summary judgment of Defendant The Ruprecht Company (“Defendant” or “Ruprecht”), (ECF No. 43). For the following reasons, the Fund’s motion is GRANTED and Ruprecht’s cross-motion is DENIED. I. BACKGROUND A. Facts The following facts are based on the parties’ Local Civil Rule (“LR”) 56.1 Statements, (ECF No. 42 (“Fund 56.1 Stmt.”); ECF No. 46 (“Ruprecht 56.1 Stmt.”); ECF No. 49 (“Ruprecht 56.1 Resp.”); ECF No. 51 (“Fund 56.1 Resp.”)), and the evidentiary materials submitted by the parties, and are undisputed unless otherwise noted.¹ The Fund is a Taft-Hartley trust fund that sponsors and administers the Legacy Plan of the National Retirement Fund (the “Plan”), a multi-employer pension plan, through its Trustees. (Ruprecht 56.1 Resp.

1-3.) Prior to 2014, Ruprecht was obligated to contribute to the Fund on behalf of certain of its employees, pursuant to a collective bargaining agreement (“CBA”). (Id. 4.) On November 1, 2014, Ruprecht withdrew from the Fund. (Id. 5.) Any such withdrawal triggers liability for the withdrawing party, and that withdrawal liability is calculated by the Fund. 29 U.S.C. §1382. Before its withdrawal, Ruprecht requested that the Fund provide it with estimates for its withdrawal liability for the 2012 and 2013 plan years, which the Fund did. (Ruprecht 56.1 Stmt.

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