Serembus Ex Rel. U.I.U. Pension Trust v. Comfort Lines, Inc.

ON MOTION TO DISMISS

MORAN, District Judge.

John Serembus, trustee of the United Steel Workers Upholstery & Allied Industry Division Health & Welfare Fund (“Fund”) and Pension Trust (“Trust”) brings this action under the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq., alleging that defendants failed to contribute to the Fund and the Trust as required by applicable collective bargaining agreements. In his three-count complaint plaintiff first identifies Comfort Lines, Inc. (“Comfort Lines”) as defendant; in count II he designates as defendant 1735 Diversey, Inc.…