Smith v. Midwest Operating Engineers Pension Fund

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES P. SMITH, ) ) Plaintiff, ) No. 23-cv-4552 ) v. ) Judge Jeffrey I. Cummings ) MIDWEST OPERATING ) ENGINEERS PENSION FUND, ) et al. ) ) Defendant. ) MEMORANDUM OPINION AND ORDER Plaintiff James P. Smith brings this action against Midwest Operating Engineers Pension Fund and the Board of Trustees of the Midwest Operating Engineers Pension Fund (collectively, the “Fund”) for violations of the Employment Retirement Employee Retirement Income Security Act (“ERISA”). The Fund now moves to dismiss Counts…