Dugan v. M & W Dozing & Trucking, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

The plaintiffs William E. Dugan, et al., have brought this action against M & W Dozing and Trucking (“MW”) seeking relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1132, 1145. MW has filed a motion to transfer the matter to the United States District Court for the Northern District of Indiana, pursuant to 28 U.S.C. § 1406(a). 1 For the reasons set forth below, we deny this motion.

The plaintiffs are the trustees of multiemployer fringe benefit funds. The trustees claim that MW was obligated to contribute…