ELCO Mechanical Contractors, Inc. v. Builders Supply Ass'n

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs’ motion to remand. Defendant Builders Supply Association of West Virginia (“BSA”) with the consent of all other Defendants removed this action from the Circuit Court of Kanawha County alleging Plaintiffs’ claims are preempted by the Employee Retirement Income Security Act (“ERISA”). 29 U.S.C. § 1001-1461. For reasons which follow, the Court GRANTS Plaintiffs’ motion.

I

Plaintiff ELCO Mechanical Contractors, Inc. (“ELCO”), a pipe fitting enterprise, has operated in and around Charleston, West Virginia for more than 20 years.…