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Local Union No. 98 International Brotherhood of Electrical Workers v. LP Herman Co.

United States District Court, E.D. Pennsylvania

July 14, 2015

LOCAL UNION NO. 98 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, et al., Plaintiffs,
v.
LP HERMAN COMPANY, LAWRENCE HERMAN, AND PHYLLIS DIVENTI, Defendants.

ORDER

RONALD L. BUCKWALTER, S.J.

AND NOW, this 14th day of July, 2015, upon consideration of the Motions to Dismiss by Defendant Phyllis Diventi (Docket No. 7) and Defendants LP Herman Company and Lawrence Herman (Docket No. 8), and Plaintiff’s Responses in Opposition (Docket Nos. 10 and 13), it is hereby ORDERED that the Motions are GRANTED IN PART and DENIED IN PART as follows:

1. As to Count I of the Complaint, the Motion is DENIED;

2. As to Count II of the Complaint, the Motion is GRANTED with respect to the Labor-Management Cooperation Committee Fund and the Scholarship Fund, but is DENIED with respect to the Health & Welfare Fund, the Pension Fund, the Apprentice Training Fund, and the Profit Sharing/Deferred Income Fund.

3. As to Counts III, IV, V, and VI of the Complaint, the Motion is GRANTED and those claims are DISMISSED.

It is so ORDERED.


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