Serembus v. Comfort Lines, Inc.

ON MOTION TO FREEZE ASSETS

MORAN, District Judge.

Plaintiff brought this action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq., and now moves the court to freeze the assets of defendant 1735 Diversey, Inc. (“Diversey”) during its pendency, pursuant to Rule 64 of the Federal Rules of Civil Procedure. Plaintiff argues that attachment is necessary because Diversey, as the alleged alter ego of now defunct Comfort Lines, Inc. (“Comfort Lines”) is liable for benefit contributions that Comfort Lines failed to pay, and freezing Diversey’s assets will preserve the…