Resilient Floor Covering Pension Fund et al v. M&M Installation, Inc. et al, No. 3:2008cv05561 - Document 125 (N.D. Cal. 2012)
Court Description: FINAL JUDGMENT AFTER REMAND. Signed by Magistrate Judge Bernard Zimmerman on 2/29/2012. (bzsec, COURT STAFF) (Filed on 2/29/2012)
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Resilient Floor Covering Pension Fund et al v. M&M Installation, Inc. et al Doc. 125 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 RESILIENT FLOOR COVERING PENSION FUND, et al., 12 Plaintiff(s), 13 v. 14 15 M&M INSTALLATION, INC., et al, 16 Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) No. C08-5561 BZ FINAL JUDGMENT AFTER REMAND 17 18 The Court having entered an Order On Cross-Motions For 19 Summary Judgment on January 29, 2012, IT IS ORDERED and 20 ADJUDGED: 21 1. That for the purpose of collecting withdrawal 22 liability assessed against defendant M & M Installation, Inc. 23 (“M & M”), defendant Simas Floor Co., Inc. (“Simas Floor”) and 24 M & M are alter egos, and Simas Floor is responsible for 25 continuing to make the remaining withdrawal liability payments 26 assessed against M & M. 27 28 2. That Plaintiffs’ remaining claims for liability under 29 U.S.C. § 1392(c), and for veil piercing and successor 1 Dockets.Justia.com 1 2 3 4 5 liability are DISMISSED on the merits. 3. That Simas Floor and M & M are not under common control under 29 U.S.C. § 1301(b)(1). 4. Dated: That Plaintiffs are awarded their costs of suit. February 29, 2012 6 7 Bernard Zimmerman United States Magistrate Judge 8 9 G:\BZALL\-BZCASES\RESILIENT FLOOR COVERING PENSION\MSJ\FINAL JUDGMENT AFTER REMAND.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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