Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit

10-27-2008

Omer Masse v. APA Transp Corp Precedential or Non-Precedential: Precedential

Docket No. 07-1050

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Recommended Citation "Omer Masse v. APA Transp Corp" (2008). 2008 Decisions. Paper 278. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/278

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Nos. 07-1050, 07-1051, 07-1052

IN RE: APA TRANSPORT CORP. CONSOLIDATED LITIGATION

TEAMSTERS LOCAL UNION NO. 560, Appellant No. 07-1050 __________

IN RE: APA TRANSPORT CORP. CONSOLIDATED LITIGATION

BRIAN CAMPBELL; JOHN CRONIN JR.; ANDREW IMPERATORE; OMER MASSE; GARY PEGORARO; DEBORAH TETRO; and RICHARD YURCISIN, Appellants No. 07-1051

IN RE: APA TRANSPORT CORP. CONSOLIDATED LITIGATION

TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY; TEAMSTERS HEALTH AND WELFARE FUND OF PHILADELPHIA AND VICINITY; and TEAMSTERS LOCAL NO. 470, Appellants No. 07-1052

On Appeal from the United States District Court for the District of New Jersey Honorable Garrett E. Brown, Jr. (Civ. A. No. 02-CV-3480) ___________

Argued March 11, 2008

Before: FUENTES, CHAGARES and ALDISERT, Circuit Judges.

(Opinion Filed August 29, 2008) ___________

David Grossman Cohen, Leder, Montalbano & Grossman 1700 Galloping Hill Road Kenilworth, NJ 07033 Counsel for Appellant Teamsters Local Union No. 560

John C. Lankenau Lankenau & Miller Suite 10A 20 West 86th Street New York, NY 10024 Counsel for Appellants Brian Campbell; John Cronin Jr.; Andrew Imperatore; Omer Masse; Gary Pegoraro; Deborah Tetro; and Richard Yurcisin

Paul A. Friedman [ARGUED] Blank Rome 405 Lexington Avenue The Chrysler Building New York, NY 10174 Counsel for Appellants Teamsters Local Union No. 470; Teamsters Pension Trust Fund of Philadelphia and Vicinity; Teamsters Health and Welfare Fund of Philadelphia and Vicinity

Keith R. McMurdy [ARGUED] Fox Rothschild

2 100 Park Avenue Suite 1500 New York, NY 10017 Counsel for Appellees APA Truck Leasing, APA Transport Corp.

Shea H. Lukacsko Fox Rothschild 75 Eisenhower Parkway Roseland, NJ 07068 Counsel for Appellees APA Truck Leasing, APA Transport Corp.

ORDER AMENDING OPINION

FUENTES, Circuit Judge.

IT IS NOW ORDERED that on Page 9, the two sentences in the first paragraph beginning with “One set of plaintiffs was comprised of...” and ending with “who alleged violations of the WARN Act and ERISA” be replaced with the following:

One set of plaintiffs was comprised of two ERISA funds, the Teamsters Pension Trust Fund of Philadelphia and Vicinity and the Teamsters Health and Welfare Fund of Philadelphia and Vicinity (“Plaintiff Funds”), which together with Teamsters Local 470 (“Employee Plaintiffs”), alleged violations of the WARN Act and ERISA. A second set of plaintiffs was comprised of a class of non-union employees and Local 560 (also “Employee Plaintiffs”) who alleged violations of the WARN Act and ERISA.

3 By the Court,

/s/ Julio M. Fuentes Circuit Judge

Dated: October 27, 2008

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