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LOCAL NO. 499, BOARD OF TRUSTEES OF SHOPMEN’S
PENSION PLAN,
Plaintiff-Appellee,
v.
ART IRON, INC., AI REAL ESTATE HOLDINGS, LLC, and
ROBERT SCHLATTER (22-3925); MARY SCHLATTER,
dba Catherine DiSalle (22-3926), LLC,
Defendants-Appellants. |
Nos. 22-3925/3926 |
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:19-cv-02174—James R. Knepp II, District Judge.
Decided and Filed: September 26, 2024
Before: BOGGS, COOK, and NALBANDIAN, Circuit Judges.
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OPINION
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BOGGS, Circuit Judge. Art Iron, Inc. contests whether the district court properly
awarded summary judgment to Board of Trustees (“Board”) of the Shopmen’s Local 499
Pension Plan (“the Plan”). This suit arises from the Board’s pursuit of over one million dollars
of withdrawal liability pursuant to the Employee Retirement Income Security Act of 1974
(“ERISA”) from Art Iron, Robert Schlatter, and Mary Schlatter.
Because Art Iron’s liability was not disputed, the only issue before the district court was
whether Robert Schlatter, Art Iron’s sole shareholder at the time of withdrawal, and Mary
Schlatter, his wife, were jointly and severally liable for Art Iron’s withdrawal liability. The Plan
alleged that the Schlatters were each personally liable for Art Iron’s withdrawal liability because
each ran a trade or business under “common control” with Art Iron.
Mr. Schlatter operated a consulting business as a sole proprietor and under common
control with Art Iron. Pursuant to 29 U.S.C. § 1301(b)(1), the district court determined that
Robert Schlatter was individually liable for the withdrawal liability. In its reasoning, the district
court found that the consulting business was operated under common control with Art Iron and
constituted a “trade or business” under 29 U.S.C. § 1301(b)(1).
Additionally, the district court found that Mrs. Schlatter also ran a sole proprietorship at
the time of Art Iron’s withdrawal from the Plan and was individually liable for the withdrawal
liability. Because Robert and Mary Schlatter had a minor son at the time, the district court found
that both of their interests in the businesses they ran were also attributable to their son under
Treasury Regulation 26 C.F.R. § 1.414(c)-4(b)(6). Therefore, the district court found that there
was a group of trades or businesses under common control with Art Iron and granted summary
judgment to the Board.
We affirm the district court’s judgment as to Robert Schlatter and reverse and remand the
district court’s grant of summary judgment as to Mary Schlatter. |
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