Murray v. Solidarity of Labor Organization International Union Benefit Fund

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO RECONSIDER ORDER DENYING MOTION TO SET ASIDE DEFAULT JUDGMENT AND APPLICATION FOR STAY OF EXECUTION

BENNETT, Chief Judge.

TABLE OF CONTENTS

I. INTRODUCTION.1157

II. LEGAL ANALYSIS.1158

A. Jurisdiction.1158

B. Reconsideration.1161

1. Applicable standards.1161

2. Defendant’s “additional factual information”.1162

a. Evidence that counsel was retained.1162

b. Evidence of meritorious defenses.1164

i. ERISA preemption defense.1165

ii. Undisclosed condition defense.1166

III. CONCLUSION.1168

I. INTRODUCTION

In this action, plaintiff Patrick Murray…