Myers v. Bricklayers & Masons Local 22 Pension Plan

Full title: KENNETH L. MYERS, et al., Plaintiffs, v. BRICKLAYERS AND MASONS LOCAL 22…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Jul 15, 2014

Case No. 3:13-cv-75 (S.D. Ohio Jul. 15, 2014)

Opinion

Case No. 3:13-cv-75

07-15-2014

KENNETH L. MYERS, et al., Plaintiffs, v. BRICKLAYERS AND MASONS LOCAL 22 PENSION PLAN, et al., Defendants.

WALTER H. RICE

JUDGE WALTER H. RICE

CERTIFICATION OF DECISION AND ENTRY, DOC. #59, UNDER FED.

R. CIV. P. 54(b); ORDER DIRECTING ENTRY OF JUDGMENT IN

FAVOR OF PLAINTIFFS AND AGAINST DEFENDANT BRICKLAYERS

AND MASONS LOCAL 22 PENSION PLAN AND THE BOARD OF

TRUSTEES OF THE BRICKLAYERS AND MASONS LOCAL 22

PENSION PLAN

The Court has issued a Decision and Entry Sustaining Plaintiffs' Motion for Summary Judgment and Overruling Defendant Bricklayers and Masons Local 22 Pension Plan and the Board of Trustees of the Bricklayers and Masons Local 22 Pension Plan's ("the Local 22 Defendants") Motion for Summary Judgment. Doc. #59.

Plaintiffs' Motion to Vacate the Decision and Entry Sustaining Defendants Bricklayers and Trowel Trades International Pension Fund and the Board of Trustees of the Bricklayers and Trowel Trades International Pension Fund's Motion to Dismiss the Amended Complaint, Doc. #53, is not yet fully briefed, and remains pending.

Nevertheless, Plaintiffs' claims against the two different pension funds are unrelated, and the Court's decision on the pending Motion to Vacate will not affect the Court's ruling with respect to the Local 22 Defendants. Because the legal issues involved in the two claims are entirely distinct, piecemeal appeals are not a concern. Moreover, because Plaintiffs' disability retirement benefits are at stake, the Court finds that entry of judgment on the claims against the Local 22 will alleviate any hardship that may result from a delay.

Accordingly, pursuant to Federal Rule of Civil Procedure 54(b), the Court finds that there is no just reason to delay entry of final judgment with respect to Plaintiffs' claims against Defendant Bricklayers and Masons Local 22 Pension Plan and the Board of Trustees of the Bricklayers and Masons Local 22 Pension Plan.

The Clerk is DIRECTED to enter final judgment in favor of Plaintiffs and against Defendants Bricklayers and Masons Local 22 Pension Plan, and the Board of Trustees of the Bricklayers and Masons Local 22 Pension Plan.

__________

WALTER H. RICE

UNITED STATES DISTRICT JUDGE