Midwest Operating Engineers v. Dredge

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Court Judge:

Before the Court are Defendant Cordo-va Dredge’s ( “Cordova’s”) motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and Plaintiffs Midwest Operating Engineers Welfare Fund (‘Welfare Fund”) and Midwest Operating Engineers Pension Fund’s (“Pension Fund”) (collectively, “the Funds’”) motion for summary judgment and in opposition to Cor-dova’s motion to dismiss. (See R.9; R.14.) Cordova asserts that dismissal ‘ of the Funds’ claims is warranted because the Funds cannot present any basis for their position that…