Trs. of the Nat'l Elevator Indus. Pension Fund v. CEMD Elevator Corp.

Full title: TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY PENSION FUND, et al. v. CEMD…

Court: United States District Court, E.D. Pennsylvania

Date published: Mar 1, 2023

Civil Action 22-2304 (E.D. Pa. Mar. 1, 2023)

Opinion

Civil Action 22-2304

03-01-2023

TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY PENSION FUND, et al. v. CEMD ELEVATOR CORP., et al.

Harvey Bartle III, J.

ORDER

Harvey Bartle III, J.

AND NOW, this 1^st day of March, 2023, for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that:

(1) the motion of defendants CEMD Elevator Corp. and Stephan Diemer to dismiss the complaint of plaintiffs (Doc. # 18) is GRANTED IN PART and DENIED IN PART;

(2) the motion of CEMD Elevator Corp. is GRANTED with respect to plaintiffs' claim for unpaid contributions under ERISA for the months of May 2016, June 2016, and July 2016; and

(3) the motion of CEMD Elevator Corp. and Stephen Diemer is otherwise DENIED WITHOUT PREJUDICE.