TRUSTEES OF THE OPERATING ENGINEERS' LOCAL 324 PENSION FUND v. FERGUSON'S ENTERPRISES, INC.

Case No. 10-10841.

TRUSTEES OF THE OPERATING ENGINEERS' LOCAL 324 PENSION FUND, OPERATING ENGINEERS' LOCAL 324 HEALTH CARE PLAN, OPERATING ENGINEERS' LOCAL 324 VACATION & HOLIDAY FUND, OPERATING ENGINEERS' LOCAL 324 APPRENTICESHIP FUND, and OPERATING ENGINEERS' LOCAL 324 DEFINED CONTRIBUTION PLAN, Trust Funds Established and Administered Pursuant to Federal Law, Plaintiffs, v. FERGUSON'S ENTERPRISES, INC., a Michigan corporation, and BOBBY W. FERGUSON, individually, Defendants.

United States District Court, E.D. Michigan, Southern Division.

February 22, 2012.


Attorney(s) appearing for the Case

Operating Engineers Local 324 Pension Fund, Trustees of, Plaintiff, represented by David J. Selwocki , Sullivan, Ward,.

Operating Engineers Local 324 Health Care Plan, Trustees of, Plaintiff, represented by David J. Selwocki , Sullivan, Ward,.

Operating Engineers Local 324 Defined Contribution Plan, Trustees of, Plaintiff, represented by David J. Selwocki , Sullivan, Ward,.

Operating Engineers Local 324 Vacation and Holiday Fund, Trustees of, Plaintiff, represented by David J. Selwocki , Sullivan, Ward,.

Operating Engineers Local 324 Retiree Benefit Fund, Trustees of, Plaintiff, represented by David J. Selwocki , Sullivan, Ward,.

Operating Engineers Local 324 Apprenticeship Fund, Trustees of, Plaintiff, represented by David J. Selwocki , Sullivan, Ward,.

Ferguson's Enterprises Incorporated, Defendant, represented by Gary W. Francis , Plunkett Cooney & Stanley C. Moore, III , Plunkett & Cooney (Bloomfield Hills).

Bobby W. Ferguson, Defendant, represented by Gary W. Francis , Plunkett Cooney & Stanley C. Moore, III , Plunkett & Cooney (Bloomfield Hills).


AMENDED MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR MANDATES OF 29 U.S.C. § 1132(g)(2) (DOC. 39)i

AVERN COHN, District Judge.

I. Introduction

This is an ERISA1 case. The Trustees of the Operating Engineers' Local 324 Pension Fund, Operating Engineers' Local 324 Vacation & Holiday Fund, Operating Engineers' Local...

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