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183007P.pdf   02/07/2020  Glen Johnson  v.  Charps Welding & Fabricating,
   U.S. Court of Appeals Case No:  18-3007
                          and No:  19-1206
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Benton, Author, with Smith, Chief Judge and Gruender, Circuit Judge] Civil case - ERISA. The plaintiff trustees of three employee benefit funds failed to demonstrate a genuine issue of material fact that Charps's corporate affiliates served as its alter egos and were liable for unpaid pension fund contributions; nor did the trustees show that Charps entered into joint venture with its affiliates because it did not provide facts showing genuine issues as to the sharing of profits and mutual control; nor did the trustees show the companies formed a joint enterprise as the affiliates did not have a legal right to control Charps; the collective bargaining agreements between Charps and the unions did not require the defendants to contribute for the work of Charps's affiliates; the trustees did not meet their burden of proof in opposing Charps's motion for summary judgment regarding its liability for contributions for its own employees' work; the trustees' motion to compel production of certain payroll data spreadsheets was properly denied as duplicative; the district court did not abuse its discretion in awarding defendants attorney's fees and the amount awarded was reasonable; the district court abused its discretion by awarding certain costs not taxable under 28 U.S.C. Section 1920 and the matter is remanded for a recalculation of the costs.