A. Soloff & Son, Inc. v. Trustees of the Amalgamated Cotton Garment & Allied Industries Fund

LASKER, District Judge.

Defendants, Trustees of the Amalgamated Cotton Garment and Allied Industries Fund (“the Fund” or “the Plan”), move for summary judgment on their counterclaim that because the plaintiff-employer failed to request arbitration within the time limit set by the Act, see 29 U.S.C. § 1401(a)(1), it is subject to withdrawal liability under the Multi-Employer Pension Plan Amendments Act (“MPPAA” or “the Act”), 29 U.S.C. § 1381 et seq. Plaintiff moves, on' the grounds that this court is without jurisdiction to order payment of the liability until the conclusion of arbitration,…