Suit Against Trainor Glass Dismissed
August 20, 2012

by Penny Stacey, pstacey@glass.com

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 November 2011.

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 Glass filed 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.