Motor Carriers Labor Advisory Council v. Trucking Management, Inc.

MEMORANDUM

HUYETT, District Judge.

The defendant Funds and their Trustees 1 have filed a motion to strike plaintiffs’ jury demand.

The Fund defendants and their Trustees argue that the remaining claims in this case arise under section 502(a)(2), 29 U.S.C. § 1132(a)(2), and section 409(a), 29 U.S.C. § 1109(a), of the Employment Retirement Income Security Act [ERISA]. The defendants also contend that plaintiffs’ remaining claims in Counts VIII, IX and X are equitable in nature and, therefore, the individual employee plaintiffs are not entitled to a trial by jury. 2 In response, plaintiffs candidly…