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Roofers Local No. 30 Combined Pension Fund v. D.A. Nolt

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 18, 2010

ROOFERS LOCAL NO. 30 COMBINED PENSION FUND; BOARD OF TRUSTEES, ROOFERS LOCAL NO. 30 COMBINED PENSION FUND AND MICHAEL O'MALLEY, IN HIS FIDUCIARY CAPACITY, PLAINTIFFS,
v.
D.A. NOLT, INC., DEFENDANT.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER

AND NOW, this 18th day of June, 2010, upon consideration of Plaintiffs' Motion for Summary Judgment (Doc. No. 20), Defendant's Cross-Motion for Summary Judgment (Doc. No. 22), and the Responses and Replies thereto, it is hereby ORDERED that Plaintiffs' Motion is DENIED and Defendant's Cross-Motion is GRANTED. It is FURTHER ORDERED that:

1. The March 5, 2009 Opinion and Award and the June 20, 2009 Final Award entered by Arbitrator Ira F. Jaffe, Esquire are affirmed;

2. Consistent with Paragraph Nine of the June 20, 2009 Final Award, the Plaintiffs are ORDERED to refund to Defendant, no later than thirty days after the entry of this Order, all withdrawal liability payments made by Defendant, together with statutory interest pursuant to 29 C.F.R. § 4219.31(d);*fn1 and

3. Defendant's request for an award of attorneys fees and costs incurred in connection with the instant action is DENIED.


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