Bauwens v. Revcon Technology Group, Inc.

Dist. Ct. did not err in granting defendants-employers’ motion to dismiss on timeliness grounds plaintiffs-trustees of pension plans’ action under ERISA seeking withdrawal liability after defendants had ceased contributing to pension plans set up for their employees and after defendants had defaulted on series of installment payment agreements to recoup said withdrawal liability. Under Multiemployer Pension Plan Amendments Act, claims for unpaid withdrawal liability may not be brought more than six years after date on which cause of action arose; (2) record showed that plaintiffs accelerated withdrawal of liability in 2008 due to past defaults on installment payment agreements addressing defendants’ withdrawal liability; (3) limitations period started on date of instant acceleration of defendants’ withdrawal liability; and (4) instant lawsuit was not filed until 2015. Ct. rejected plaintiffs’ claim that they: (1) “revoked” 2008 acceleration of withdrawal liability when they voluntarily dismissed 2008 lawsuit seeking withdrawal liability; and (2) plaintiffs could “decelerate” previously accelerated withdrawal liability by entering into subsequent installment payment agreements covering defendants’ withdrawal liability.