Upholsterer's International Union Health & Welfare Fund Trustees v. Pontiac Furniture, Inc.

ORDER

BAKER, Chief Judge.

The defendant, Leonard Shane, moves to dismiss the plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons stated below this motion will be denied.

The plaintiffs (“Upholsterers”) filed a three-count complaint alleging that the defendant Shane sold or transferred the assets of Pontiac Furniture to a secured creditor in a manner in violation of the collective bargaining agreement, the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq., and various state statutes. A…