The Wicker Man

(2006)   Tags: Warner Bros.

DIRECTORS OF MOTION PICTURE INDUSTRY PENSION PLAN v. NU IMAGE INC.

On May 6, 2013, plaintiffs Directors of the Motion Picture Industry Pension Plan and Directors the Motion Picture Industry Health Plan filed suit against defendant Nu Image, Inc., an independent film production company.  The complaint asserts the following claims: (1) failure to comply with audit obligations of the Employee Retirement Income Security Act; (2) failure to make residual contributions to the Plans; (3) failure to make certain payroll contributions to the Plans; and (4) breach of contract in violation of Section 301(a) of the Labor Management Relations Act.

In brief, the Plans allege that pursuant to several collective bargaining agreements, defendant is obligated to remit pension and health contributions to the Plans when defendant makes films utilizing labor from certain unions.  According to the Plans, defendant has failed to make certain payments on the following twenty-one films: 16 Blocks; Bad Lieutenant: Port of Call New Orleans; Beyond a Reasonable Doubt; Blonde Ambition; The Cleaner; The Code; Day of the Dead; The Expendables; Til Death; Homeland Security; King of California; Leatherface 3D (Texas Chainsaw Massacre); Labor Pains; Mad Money; Major Movie Star; Microwave Park; Olympus Has Fallen; Rambo IV; Righteous Kill; Solitary Man; and Wicker Man.

Judgment: The Court DENIES plaintiffs’ motion for partial summary judgment.  The Court GRANTS defendant’s motion for summary adjudication with regard to plaintiffs’ first claim for relief, but otherwise DENIES the remainder of defendant’s motion. The Court also DENIES as moot defendant’s motion for leave to amend the Court’s scheduling order and for leave to file an amended answer.