Pension Fund's Failure to Provide Reasonably Prompt Notice of Withdrawal Liability Statutorily Precluded Recovery

Noting that the exception to the final judgment rule for appellate court jurisdiction required injunctive relief and that none of the District Court's partial summary judgment orders rose to the functional equivalent of an injunction, the court ruled that it did not have jurisdiction to review the orders.

Defendant moved to strike plaintiff's reply brief that was filed without awaiting leave of court and plaintiff's counsel's letter that was not placed on the docket and magistrate judge denied the motion because the proposed reply brief and correspondence from counsel were not so irrelevant and highly prejudicial that they should be stricken from the record. Motion denied.