Opinion
CASE NO. CV09 07871 JFW MLGx.
August 10, 2010
ORDER AND JUDGMENT
This matter was before the Court on Defendants Orange County Name Plate Co., Inc. ("OCN"), Orange County Name Plate Co., Inc. Defined Benefit Pension Plan, Orange County Name Plate Co., Inc. Profit Sharing Plan, and Elias Rodriguez's (collectively, "Defendants") Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Issues filed July 2, 2010. Plaintiff Rick Counterman ("Plaintiff") timely filed his opposition, and Defendants timely replied. The Court considered the moving, opposing, and reply papers, and considered the arguments therein. On August 2, 2010, the Court GRANTED Defendants' Motion for Summary Judgment. The Court now issues the following Judgment:
ORDER AND JUDGMENT
A. Claims Regarding the Profit Sharing Plan and Defined Benefit Pension Plan.
1. Defendants' motion for summary judgment as to Plaintiff's first claim for relief of benefits pursuant to ERISA § 502(a)(1)(B) with respect to the Profit Sharing Plan and Defined Benefit Pension Plan is GRANTED.
2. Defendants' motion for summary judgment as to Plaintiff's second claim for relief for equitable relief pursuant to ERISA § 502(a)(3) with respect Profit Sharing Plan and Defined Benefit Pension Plan is GRANTED.
3. IT IS ORDERED that Plaintiff's action for benefits pursuant to ERISA § 502(a)(1)(B) and Plaintiff's action for relief for equitable relief pursuant to ERISA § 502(a)(3) with respect to the Profit Sharing Plan and Defined Benefit Pension Plan be DISMISSED for failure to exhaust administrative remedies. Nothing herein shall affect or prejudice Plaintiff's right to retirement benefits at retirement age, if any, and whatever those rights may be, in accordance with the Profit Sharing Plan or the Defined Benefit Pension Plan.
B. Claims Regarding COBRA Benefits
4. Defendants' motion for summary judgment as to Plaintiff's first claim for relief of benefits pursuant to ERISA § 502(a)(1)(B) with respect to Plaintiff's COBRA benefits is GRANTED.
5. Defendants' motion for summary judgment as to Plaintiff's second claim for relief for equitable relief pursuant to ERISA § 502(a)(3) with respect to Plaintiff's COBRA benefits is GRANTED.
6. IT IS FURTHER ORDERED that Plaintiff's action for benefits pursuant to ERISA § 502(a)(1)(B) and Plaintiff's action for equitable relief pursuant to ERISA § 502(a)(3) with respect to Plaintiff's COBRA benefits be DISMISSED WITH PREJUDICE.
7. IT IS FURTHER ORDERED that Defendants Orange County Name Plate Co., Inc., Orange County Name Plate Co., Inc. Defined Benefit Pension Plan, Orange County Name Plate Co., Inc. Profit Sharing Plan and Elias Rodriguez recover from Plaintiff Rick Counterman costs and disbursements, as taxed.
The Clerk of the Court is directed to enter judgment in favor of Defendants Orange County Name Plate Co., Inc., Orange County Name Plate Co., Inc. Defined Benefit Pension Plan, Orange County Name Plate Co., Inc. Profit Sharing Plan and Elias Rodriguez against Plaintiff Rick Counterman and to terminate this file.
IT IS SO ORDERED, ADJUDGED AND DECREED.