Grodotzke v. Seaford Avenue Corp.

17 F. Supp. 3d 185, 58 Employee Benefits Cas. (BNA) 1653, 2014 WL 1761541, 2014 U.S. Dist. LEXIS 60580
CourtDistrict Court, E.D. New York
DecidedApril 28, 2014
DocketNo. 13-CV-029 (SJF)
StatusPublished
Cited by1 cases

This text of 17 F. Supp. 3d 185 (Grodotzke v. Seaford Avenue Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grodotzke v. Seaford Avenue Corp., 17 F. Supp. 3d 185, 58 Employee Benefits Cas. (BNA) 1653, 2014 WL 1761541, 2014 U.S. Dist. LEXIS 60580 (E.D.N.Y. 2014).

Opinion

OPINION AND ORDER

FEUERSTEIN, District Judge:

Plaintiffs bring this action to recover unpaid fringe benefit contributions and for breach of fiduciary duty. Pending before the Court is the moving defendants’1 partial motion to dismiss, pursuant to Federal Rule of CM Procedure (“FRCP”) 12(b)(6),2 plaintiffs’ first, second, fifth, sixth and eighth claims.3 For the following reasons, moving defendants’ motion is DENIED in part and GRANTED in part.

I. Background

This action arises under Section 301 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185, and Sections 502(a)(2) and 502(a)(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. §§ 1132(a)(2) and 1132(a)(3). Plaintiffs, the trustees of several employee benefit plans, bring this action against defendants Seaford Avenue Corporation (“Seaford”), G and M Mechanical, Inc. (“G & M”), George Luksch (“Luksch”) and Michael Scott (“Scott”) (collectively “moving defendants”), alleging they constitute a single employer or are alter egos of one another, such that G & M is bound by a collective bargaining agreement to which Seaford is a signatory and that both are liable to plaintiffs for delinquent employer contributions.

[189]*189Plaintiffs allege that defendants violated Sections 515, 406 and 404 of ERISA, 29 U.S.C. §§ 1145, 1106, 1104 and failed to comply with their statutory and contractual obligations arising under defendant Sea-ford’s collective bargaining agreement (“CBA”) with the Union. Plaintiffs also request declaratory and injunctive relief pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. Compl. ¶ 1. Plaintiffs Danny Grodotzke and Robert Ruggierio are fiduciaries of the Funds within the meaning of ERISA, 29 U.S.C. §§ 1002(21) and 1182. Id. at ¶4. Plaintiff Jay Marelli is President of the Union, a labor organization within the meaning of Section 301(a) of the LMRA, 29 U.S.C. § 185(a). Id. at ¶ 5.

Plaintiff Funds are and have been employee benefit welfare plans and/or employee benefit pension plans as defined in ERISA, 29 U.S.C. § 1002(1) and (2). Id. at ¶ 6. The Funds, operated pursuant to the terms of the CBA, Written Agreements and a Declaration of Trust (“Trust Agreements”), collect required benefit contributions and provide various fringe benefits to eligible employees. Id. at ¶ 7.

Defendants Seaford and G & M are corporations organized and existing under the laws of New York State with a place of business at 21 Brooklyn Avenue, Massape-qua, New York. Id. at ¶¶ 8, 9. Defendants Luksch and Scott are both individuals with a place of business at 21 Brooklyn Avenue, Massapequa, New York. Id. at ¶¶ 10, 11.

II. Discussion

A. Legal Standard

When considering a motion to dismiss a complaint for failure to state a claim, the court must assume as true all allegations contained in the complaint. Chance v. Armstrong, 143 F.3d 698, 701 (2d Cir.1998). However, it is “well settled that conclusory allegations merely stating general legal conclusions necessary to prevail on the merits of a claim, unsupported by factual averments will not be accepted as true.” ECOR Solutions, Inc. v. Malcolm Pimie, Inc., No. 02 Civ. 1103, 2005 WL 1843253, at *3 (N.D.N.Y. July 29, 2005). The Supreme Court has held that a “plaintiff’s obligation to provide the ‘grounds’ of his ‘entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.’ ” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). On FRCP 12(b)(6) motions, the court must assess the legal feasibility of the complaint and whether a plaintiff pleaded claims for which he or she is entitled to discovery. Sims v. Artuz, 230 F.3d 14, 20 (2d Cir.2000); Chance, 143 F.3d at 701.

In Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), the Supreme Court held that courts should entertain a motion to dismiss by following a two-pronged approach:

[A] court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.

The Federal Rules of Civil Procedure require a “short plain statement of the claim showing that the pleader is entitled to relief.” Tellabs, Inc. v. Makar Issues & Rights, Ltd., 551 U.S. 308, 319, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) (quoting Fed. R.Civ.P. 8(a)(2)). Rule 8(a)(2) requires that a pleading set forth facts that the [190]*190pleader is entitled to relief and provide a defendant with fair notice. Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).

B. Analysis

1. Plaintiffs’ First Claim

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
17 F. Supp. 3d 185, 58 Employee Benefits Cas. (BNA) 1653, 2014 WL 1761541, 2014 U.S. Dist. LEXIS 60580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grodotzke-v-seaford-avenue-corp-nyed-2014.