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International Brotherhood of v. Rgb Services

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


January 28, 2011

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, ET AL.
v.
RGB SERVICES, LLC, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

LOCAL UNION NO. 98

ORDER

AND NOW, this 28th day of January, 2011, upon consideration of the Motion to Dismiss filed by Defendants Michael and Rhea Metsikas (Docket No. 10), and Plaintiffs' response thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART, as follows:

1. The Motion is GRANTED insofar as it seeks dismissal of Plaintiffs' claims that grounds exist for piercing the corporate veil and that the Metsikases are liable as ERISA fiduciaries for unpaid contributions to the Cooperation Fund, the Health Fund, the Pension Fund, the Deferred Income Fund, and the Training Fund, and those claims are DISMISSED.

2. The Motion is DENIED insofar as it seeks dismissal of Plaintiffs' claims that the Metsikases are liable as ERISA fiduciaries for the unremitted employee wage deductions owed to the Vacation Fund and the unpaid contributions owed to the National Fund.

BY THE COURT:

John R. Padova

20110128

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