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AUTOMOTIVE INDUS. PENSION v. FITZPATRICK CHEVROLET

No. C 11-00195 WHA.

833 F.Supp.2d 1162 (2011)

AUTOMOTIVE INDUSTRIES PENSION TRUST FUND, James H. Beno, Trustee, Bill Brunelli, Trustee, Stephen J. Mack, Trustee, Jon Roselle, Trustee, Doug Cornford, Trustee, and James V. Canterbury, Trustee, Plaintiffs, v. FITZPATRICK CHEVROLET INC., a California corporation; and Fitzpatrick Family LLC, a Nevada limited liability company, and Does 1-10, Defendants.

United States District Court, N.D. California.

June 17, 2011.

Attorney(s) appearing for the Case

Michelle Lee Sicula, Anne M. Bevington, Philip M. Miller, Saltzman & Johnson Law Corporation, San Francisco, CA, for Plaintiffs.

Stephen Alan McKae, Wendel, Rosen, Black & Dean, LLP, Oakland, CA, for Defendants.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this action to recover withdrawal liability and for injunctive relief under ERISA, defendant's motion to dismiss is DENIED.

STATEMENT

Plaintiff Automotive Industries Pension Trust Fund is a multiemployer employee pension benefit plan established pursuant to ERISA. Plaintiffs are each members of the board of trustees of Trust...

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