Opinion
No. 03-CV-3043 (DGT).
January 11, 2006
JUDGMENT
A Memorandum and Order of Honorable David G. Trager, United States District Judge, having been filed on September 29, 2005, denying defendants' motion for summary judgment; granting in part and denying in part plaintiff's cross-motion for summary judgment; denying both parties motions to strike; and remanding the case to the Building Service 32B-J Health Fund and Pension Fund for reconsideration in accordance with ERISA and the Court's Memorandum and Order of September 29, 2005; it is
ORDERED and ADJUDGED that defendants' motion for summary judgment is denied; that plaintiff's cross-motion for summary judgment is granted in part and denied in part; that both parties motions to strike are denied; and that the case is remanded to the Building Service 32B-J Health Fund and Pension Fund for reconsideration in accordance with ERISA and the Court's Memorandum and Order of September 29, 2005.