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Trs. of the Nat'l Ret. Fund v. Fireservice Mgmt. LLC

Issue of Fact Exists as to Whether Company Was an 'Employer' Before Plan Withdrawal

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OPINION & ORDER Before the Court are the motion for summary judgment of Plaintiffs Trustees of the National Retirement Fund, (Doc. 51), and the motion to intervene, (Doc. 33), and motion for summary judgment, (Doc. 35), of Proposed Intervenors TurnoutRental LLC and Schoolcraft Ventures LLC. For the reasons stated below, Proposed Intervenors’ motions are DENIED, and Plaintiffs’ motion is GRANTED IN PART and DENIED IN PART.I. BACKGROUNDA. FactsThe following facts are taken from the parties’ Local Civil Rule 56.1 Statements and supporting materials and are undisputed unless otherwise noted.Plaintiffs Trustees of the National Retirement Fund (the “Fund”), based in White Plains, New York, (see Doc. 2 at 2), sponsor a multiemployer pension plan (the “Plan”) that provides pension benefits to, among others, members of the Chicago and Midwest Regional Joint Board (the “Union”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) (codified at 29 U.S.C. §§1001-1461). (Doc. 43 (“Ds’ 56.1 Resp.”) 1.) Defendant Fireservice Management LLC f/k/a Fireservice Management Michigan LLC (“Fireservice”), a Michigan limited liability company that cleans and repairs protective clothing used in the firefighting industry, (Doc. 47 (“Ps’ 56.1 Resp.”)

1-2), was a party to a collective bargaining agreement with the Union, (Ds’ 56.1 Resp. 3). Pursuant to this agreement, Fireservice made contributions to the Fund on behalf of certain of Fireservice’s employees. (Id.)Defendant Smeltzer Enterprises Inc. (“Smeltzer”), a Michigan corporation, operated under the name “White Tower Industrial Laundry & Cleaners Inc.” and provided cleaning services to the automotive industry. (Ps’ 56.1 Resp.

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