TRUSTEES OF OPERATING ENGINEERS v. SMITH-EMERY CO.

No. CV 09-1476-CAS (VBKx).

906 F.Supp.2d 1043 (2012)

TRUSTEES OF the OPERATING ENGINEERS PENSION TRUST, et al. v. SMITH-EMERY COMPANY, INC.

United States District Court, C.D. California.

November 2, 2012.


Attorney(s) appearing for the Case

Marija Kristich Decker, Laquer Urban Clifford & Hodge LLP, Pasadena, CA, for Trustees of the Operating Engineers Pension Trust, et al.

David B. Simpson, Christina Rose Mitchell, Gregory D. Wolflick, Steven H. Taylor, Wolflick and Simpson, Glendale, CA, Frederick Scott Page, George E. Preonas, Holger G. Besch, Kamran Mirrafati, Seyfarth Shaw LLP, Los Angeles, CA, for Smith-Emery Company, Inc.


(In Chambers:) CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PARTIAL SUMMARY JUDGMENT

CHRISTINA A. SNYDER, Judge.

Catherine Jeang, Deputy Clerk.

I. INTRODUCTION

This is an ERISA trust fund collection suit. Defendant Smith-Emery Company ("SEC") is a signatory to a collective bargaining agreement ("CBA") with the International Union of Operating Engineers, Local Union No. 12 ("Local 12"). Defendant and Local 12 perform field inspection work on construction...

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