Suit Against Trainor Glass Dismissed
August 20, 2012
by Penny Stacey, firstname.lastname@example.org
The Trustees of the Indiana State Council of Roofers Health and
Welfare Fund, which had filed suit against Trainor Glass in February,
has voluntarily dismissed the case, according to court documents.
The Trustees had
alleged that the company had failed to make payments into the
fund and contributions on behalf of its employees, beginning in
The Indiana State Council of Roofers Health and Welfare Fund is
a multi-employer employee benefit plan that provides health, welfare
and other benefits for employees of employers who contribute into
its plan, the court documents say. According to the suit, Trainor
Glass had signed an agreement with the plaintiffs to make payments
including for pension and health and welfare fund payments. The
trustees had sought "whatever damages, including attorney fees,
which will compensate them for the defendant's breaches of contract,
that the defendant be ordered to comply with said contracts and
pay the amounts provided for in said contracts to plaintiff, said
health and welfare fund and all other proper remedies, legal and
equitable, plus interest and costs," according to court documents.
The suit was filed on February 22, just a few weeks before Trainor
for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the
Northern District of Illinois. The company had not responded to
the suit at the time of its dismissal.
The notice of voluntary dismissal specifies "that the plaintiff
is dismissing [its] complaint in this action without prejudice."
"The plaintiff further shows the court that pursuant to the
rule neither an answer, nor a motion for summary judgment, has been
filed," writes counsel for the Trustees.
Charles Berger of Berger and Berger in Evansville, Ind., represented
the Trustees in the suit. At press time, he had not responded to
requests for comment on the dismissal.