MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. Peter Moede ("Moede") filed this action to recover what he claims as his share of the proceeds of a sale of property in which he was one of five investors. Three of the four co-investor defendants—Ronald Sandler ("Sandler"), Mitchell Miller ("Miller") and Robert Michelson ("Michelson") 1 — have moved for summary judgment on Moede's two counts charging breach of the Operating Agreement ("Agreement") and violation of the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW MATTHEW F. KENNELLY, District Judge: Ignacy Green and Patrick Cooper filed this suit on behalf of a putative class against the UPS Health and Welfare Package for Retired Employees (Plan) and United Parcel Service of America, Inc. (UPS), alleging a violation of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1104(a)(1)(D). Plaintiffs contend that defendants raised the amount of contributions required of retirees for health insurance in...