9 results for 'cat:"ERISA" AND cat:"Discovery"'.
J. King partially grants the trust funds' motion to compel an audit for their complaint alleging that the glazing work company did not remit reports and fringe benefit contributions to the trust funds for each hour of covered labor performed by its employees. The trust funds sufficiently allege that collective bargaining agreements and trust agreements give them the authority to audit participating employers' payroll records. The glazing work company must submit its payroll and related records to the trusts funds and their auditors, so they can complete an audit in accordance with the CBA and trust agreements.
Court: USDC Western District of Washington, Judge: King, Filed On: March 29, 2024, Case #: 2:22cv1831, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, discovery
J. Vatti denies, in part, the financial advisor's objections to the insurer's motion to compel, ruling he must provide requested documents about his clients. The information is not protected by any sort of privilege and is crucial to the insurer's investigation into his application for long-term disability benefits that stems from his alleged inability to manage client funds after a traumatic brain injury.
Court: USDC Connecticut, Judge: Vatti, Filed On: March 15, 2024, Case #: 3:21cv1277, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Evidence, discovery
J. King denies the trusts' motion for a protective order staying discovery until they answer the plan participant's operative complaint, a class action accusing the trusts of not providing him with enough information to make an informed decision about his retirement plans and retroactively suspending part of his accrued retirement benefits. The trusts argue that the plan participant's first set of requests for production involve sensitive information regarding over 465,000 plan participants since 1983 and would require at least 28 million document pages, but the trusts do not address whether the alleged thousands of hours of discovery they anticipate could be eased with technology-assisted review or other discovery tools.
Court: USDC Western District of Washington, Judge: King, Filed On: December 18, 2023, Case #: 2:23cv922, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, discovery
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Docherty grants the disability benefit claimant's motion to compel the disability insurer to produce privilege log documents, but denies his motion to conduct additional discovery. The claimant has not demonstrated that additional discovery is necessary for adequate review of his claims, but the privilege log documents fall under the fiduciary exception to attorney-client privilege since they are communications between a fiduciary and an attorney, and there was not sufficient threat of imminent litigation at the time they were sent to invoke a liability exception to that exception.
Court: USDC Minnesota, Judge: Docherty, Filed On: July 28, 2023, Case #: 0:23cv563, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, discovery, Privilege
J. Talwani grants, in part, an insurer's motion for sanctions against two individuals in an ERISA case for their failure to participate in discovery. The individuals must pay a $500 fee and show cause why they should not be dismissed from the case.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 9, 2023, Case #: 1:21cv11750, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Sanctions, discovery