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07-384 - Belleville v. United Food and Commercial Workers International union Industry Pension Fund et al


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07-384 - Belleville v. United Food and Commercial Workers International union Industry Pension Fund et al
January 31, 2008
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REPORT AND RECOMMENDATIONS recommending that Defendants' Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (Document No. 6) be DENIED. Recommending that Counts I and II of Plaintiff's Complaint be construed to state claims for equitable relief (interest and attorneys' fees) under 29 U.S.C. 1132(a)(3) and (g)(1) and Count III be construed to state a claim for equitable relief (interest and attorneys' fees) under 29 U.S.C. 1132(a)(1)(B) and (g)(1). Recommending that Plaintiff's claim for income tax reimbursement be DISMISSED and his jury trial demand be stricken. 6 MOTION to Dismiss filed by United Food and Commercial Workers International union Industry Pension Fund, 1 Complaint filed by Ralph Belleville Objections to R&R due by 2/14/2008. So Ordered by Magistrate Judge Lincoln D. Almond on 1/31/08. (Noel, Jeannine)
February 28, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Motion to Dismiss filed by United Food and Commercial Workers International union Industry Pension Fund, 10 Report and Recommendation. So Ordered by Judge William E Smith on 2/27/2008. (Baldinelli, Doreen)