Apostal v. Laborer's Welfare & Pension Fund

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

This portion of a state court probate proceeding, a “Petition for the Issuance of a Citation To Recover Assets” (“Petition”) in Case No. 00 P 3016 in the Probate Division of the Circuit Court of Cook County, has been removed to this federal court by Laborers’ Pension Fund (“Fund”) on federal question grounds — as posing an issue under ERISA, more specifically its 29 U.S.C. § 1132(a).2 Fund claims that the effort by Louis Apostal (“Apostal”), acting as Supervised Administrator of the Estate of presumptively adjudicated decedent Charles…