Trustees Of The New York City District Council Of Carpenters Pension Fund v. Mensch Millwork Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, Plaintiffs, 23 CV 9703 (JHR) ~against- PROPOSED ORDER MENSCH MILLWORK CORP., Defendant.

WHEREAS Plaintiff filed a complaint to collect outstanding withdrawal liability from Defendant pursuant to sections 502(g)(2), 515, and 4301(b) of ERISA, 29 U.S.C. 8§ 1132(g)(2), 1145, and 1451(b); and WHEREAS “[b]y virtue of 29 U.S.C. § 1301(b)(1) of ERISA and applicable regulations at 26 C.F.R. §§ 1.414(c)-1 through 1.414(c)-5, all businesses under common control are treated as a single employer for purposes of collecting withdrawal liability, and each is liable for the withdrawal liability of another,” Corbett v. MacDonald Moving Servs., 124 F.3d 82, 86 (2d Cir. 1997); IT IS ORDERED that Defendant shall identify all businesses under common control and provide such information to Plaintiff within thirty (30) days of this Order.

Dated: New York, New York By: (is York Kearden June 7 , 2024 NNIFER H. REARDEN nited States District Judge