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ABLE BUILDING MAINTENANCE v. BOARD OF TR.

May 30, 2003

ABLE BUILDING MAINTENANCE CO., PLAINTIFF,
v.
BOARD OF TRUSTEES OF GENERAL EMPLOYEE TRUST FUND, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Charles R. Breyer, United States District Judge

ORDER OF DISMISSAL

Now before the Court is defendants' motion to dismiss for lack of subject matter jurisdiction. After carefully considering the papers filed by the parties, and having had the benefit of oral argument, the Court concludes that plaintiff has not met its burden of proving that the Court has ERISA jurisdiction or supplemental jurisdiction of this action. According defendants' motion to dismiss is GRANTED.

The dismissal is without prejudice to plaintiff filing a complaint to vacate the arbitrate award. The Court expresses no opinion as to whether it would have subject matter jurisdiction of such a complaint. The Court cautions plaintiff, however, that any such complaint should name as defendants only those persons or entities which plaintiff and its counsel believe, consistent with their obligations under Federal Rule of Civil Procedure 11, is a proper defendant to such a claim.

IT IS SO ORDERED.

20030530

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