Redman v. Warrener, Nos. 75-1047

CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)
Writing for the CourtBefore COFFIN, Chief Judge, McENTEE and CAMPBELL; PER CURIAM
Citation516 F.2d 766
Parties89 L.R.R.M. (BNA) 2321 Francis I. REDMAN et al., Plaintiffs-Appellants, v. A. Frances WARRENER, etc., et al., Defendants-Appellees. Francis I. REDMAN et al., Plaintiffs-Appellees, v. A. Frances WARRENER, etc., et al., Defendants-Appellants.
Decision Date14 May 1975
Docket Number75-1069,Nos. 75-1047

Page 766

516 F.2d 766
89 L.R.R.M. (BNA) 2321
Francis I. REDMAN et al., Plaintiffs-Appellants,
v.
A. Frances WARRENER, etc., et al., Defendants-Appellees.
Francis I. REDMAN et al., Plaintiffs-Appellees,
v.
A. Frances WARRENER, etc., et al., Defendants-Appellants.
Nos. 75-1047, 75-1069.
United States Court of Appeals,
First Circuit.
Argued April 19, 1975.
Decided May 14, 1975.

Orlando Rodio, Providence, R. I., for Francis I. Redman and others.

Girard R. Visconti, Providence, R. I., for A. Frances Warrener and others.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

Redman and Shillinsky are non-union sheet metal workers who brought suit against the administratrix and trustees of the pension plan of a local of the Sheet Metal Workers' Union under the Welfare and Pension Plans Disclosure Act, 29 U.S.C. § 301 et seq., alleging that defendants had failed, after a written request, to supply them with copies of the description of the plan and a summary of the latest annual report. On cross motions for summary judgment the district court found for plaintiffs, but awarded only nominal damages, and $500 attorney's fees.

Page 767

The Act requires both publication of the "description of the plan and the latest annual report", id. § 307(a), and that upon written request the administrator of a plan deliver to any participant a copy of the description and report, § 307(a)(2). The Act further provides that the district court in its discretion may impose damages of $50.00 per day upon an administrator who "fails or refuses" to honor a written request within 30 days, § 308(b), and the court may, in its discretion "in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action", § 308(c).

The district court determined that plaintiffs had made a proper written request for copies of the description of the plan and that defendants had failed for at least eight months thereafter to comply with the statutory requirement that copies of the description of the plan and the latest annual report be delivered to appellants. Since defendants did promptly offer to make copies of the relevant documents available to appellants at the offices of the pension plan for inspection there, and since plaintiffs made no allegation that they had been prejudiced by failure to comply with the precise requirements of the Act, the district court found defendants to have acted in good faith and to have committed only a technical violation of the Act. In this context the court deemed it inappropriate to impose the penalties permitted by the Act beyond the $500 fee award.

Plaintiffs argue that defendants, in failing to comply with the Act and then strenuously defending against this suit,...

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14 practice notes
  • Winter v. Local Union No. 639, Affiliated with Intern. Broth. of Teamsters, Nos. 75-1948
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • February 14, 1978
    ...may not be tried by affidavit, Sartor v. Arkansas Malt Gas Corp., 321 U.S. 620, 64 S.Ct. 724, 88 L.Ed. 967 (1944); Redman v. Warrener, 516 F.2d 766 (1st Cir. 1975); Gutor International AG v. Raymond Packer Co., Inc., 493 F.2d 938 (1st Cir. 1974); Hollander v. Pan Am World Airways, Inc., 382......
  • Bangor Baptist Church v. STATE OF ME., ETC., Civ. A. No. 81-0180-B.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • October 26, 1982
    ...into a trial by affidavit, see Thyssen Plastik Anger KG v. Induplas, Inc., 576 F.2d 400, 402 (1st Cir.1978); Redman v. Warrener, 516 F.2d 766, 768 (1st Cir.1975), and that the parties are entitled to try the material facts in genuine dispute, see Associated Press v. United States, 326 U.S. ......
  • United Nuclear Corp. v. Cannon, Civ. A. No. 81-0521-S.
    • United States
    • U.S. District Court — District of Rhode Island
    • December 13, 1982
    ...judgment unless one of the parties is entitled to judgment as a matter of law on facts that are not in dispute. Redman v. Warrener, 516 F.2d 766, 768 (1st Cir.1975); Bricklayers International Union of America, Local 15 v. Stuart Plastering Co., 512 F.2d 1017, 1023 (5th Cir.1975); Hosemann v......
  • Peer Intern. Corp. v. Latin American Music, No. 97-2875 (PG).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • August 14, 2001
    ...trial and not on summary judgment. See Rains v. Cascade Industries, Inc., 402 F.2d 241, 245 (3d Cir.1968). See also Redman v. Warrener, 516 F.2d 766, 768 & n. 2 (1st Cir.1975); 6 J. MOORE, MOORE'S FEDERAL PRACTICE ¶ 56.13 (2d Page 42 1981) ("The well-settled rule is that cross-motions for s......
  • Request a trial to view additional results
14 cases
  • Winter v. Local Union No. 639, Affiliated with Intern. Broth. of Teamsters, Nos. 75-1948
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • February 14, 1978
    ...may not be tried by affidavit, Sartor v. Arkansas Malt Gas Corp., 321 U.S. 620, 64 S.Ct. 724, 88 L.Ed. 967 (1944); Redman v. Warrener, 516 F.2d 766 (1st Cir. 1975); Gutor International AG v. Raymond Packer Co., Inc., 493 F.2d 938 (1st Cir. 1974); Hollander v. Pan Am World Airways, Inc., 382......
  • Bangor Baptist Church v. STATE OF ME., ETC., Civ. A. No. 81-0180-B.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • October 26, 1982
    ...into a trial by affidavit, see Thyssen Plastik Anger KG v. Induplas, Inc., 576 F.2d 400, 402 (1st Cir.1978); Redman v. Warrener, 516 F.2d 766, 768 (1st Cir.1975), and that the parties are entitled to try the material facts in genuine dispute, see Associated Press v. United States, 326 U.S. ......
  • United Nuclear Corp. v. Cannon, Civ. A. No. 81-0521-S.
    • United States
    • U.S. District Court — District of Rhode Island
    • December 13, 1982
    ...judgment unless one of the parties is entitled to judgment as a matter of law on facts that are not in dispute. Redman v. Warrener, 516 F.2d 766, 768 (1st Cir.1975); Bricklayers International Union of America, Local 15 v. Stuart Plastering Co., 512 F.2d 1017, 1023 (5th Cir.1975); Hosemann v......
  • Peer Intern. Corp. v. Latin American Music, No. 97-2875 (PG).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • August 14, 2001
    ...trial and not on summary judgment. See Rains v. Cascade Industries, Inc., 402 F.2d 241, 245 (3d Cir.1968). See also Redman v. Warrener, 516 F.2d 766, 768 & n. 2 (1st Cir.1975); 6 J. MOORE, MOORE'S FEDERAL PRACTICE ¶ 56.13 (2d Page 42 1981) ("The well-settled rule is that cross-motions for s......
  • Request a trial to view additional results

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