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N.Y.S. Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers Inc.

Defendant Granted Judgment on Pension Fund's Claims of Withdrawal Liability as Successor

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Pending before the Court are (1) Defendant’s motion for partial judgment on the pleadings pursuant to Rule 12(c), see Dkt. No. 131; (2) Defendant’s motion for summary judgment pursuant to Rule 56, see Dkt. No. 136; and (3) Plaintiff’s cross-motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, see Dkt. No. 139. II. BACKGROUND A. Undisputed facts The Penn Traffic Company (“Penn Traffic”) was a publicly traded regional grocery business located in the Northeastern United States. See Dkt. No. 136-1, Def.’s Stmt. of Undisputed Material Facts (“DSUMF”), at 2.1 Before filing for bankruptcy in November 2009, Penn Traffic owned and operated approximately 80 retail grocery stores (“the corporate stores”) and a wholesale business that procured, warehoused, and distributed groceries for more than 100 independent retail grocery stores. See id. at

3-4. Penn Traffic operated two warehouse facilities, one of which was in Syracuse, New York. See id. at 6. Penn Traffic was obligated under three collective bargaining agreements (“CBAs”) with Teamsters Local 317 to contribute to the New York State Teamsters Conference Pension and Retirement Fund (“Plaintiff” or “the pension fund”) for work members of Teamsters Local 317 performed at the Syracuse warehouse. See id. at 9. C&S Wholesale Grocers, Inc. (“Defendant”) is a privately-owned company that provides procurement, warehousing, and distribution services for grocery businesses across the United States. See id. at 1. In December 2008, Defendant entered into an agreement with Penn Traffic, whereby Penn Traffic agreed to sell Defendant its relationships and contracts with its wholesale customers in exchange for a cash payment. See id. at

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