CHINAVARE v. DTE ENERGY RETIREMENT PLAN

Full title: TERRY R. CHINAVARE, Plaintiff, v. DTE ENERGY RETIREMENT PLAN, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Apr 21, 2010

Case No. 2:10-CV-11492-PJD-MAR (E.D. Mich. Apr. 21, 2010)

Opinion

Case No. 2:10-CV-11492-PJD-MAR.

April 21, 2010

MICHAEL H. CUTLER (P44437), Cutler Associates, P.C., Attorneys for Plaintiff, Farmington Hills, MI.

THOMAS A. CATTEL (P32538), Ogletree, Deakins, Nash, Smoak Stewart, PLLC, Attorneys for Defendant, Bloomfield Hills, MI.

STIPULATED ORDER TO SET ASIDE STATE COURT ORDER AND DISMISS COMPLAINT WITHOUT PREJUDICE AND WITHOUT COSTS OR FEES

PATRICK DUGGAN, District Judge

WHEREAS, the Plaintiff filed this action in state court and obtained an Order requiring Defendant to pay certain benefits (Exhibit A);

WHEREAS, the order entered in state court cannot be enforced as Defendant was never properly served in this matter and any Order to pay benefits is preempted by ERISA;

WHEREAS, Defendant removed this matter to federal court upon learning of the Complaint and the Order entered in state court;

WHEREAS, any action to enforce benefits is premature as Plaintiff has not exhausted his administrative remedies under ERISA;

THEREFORE, IT IS HEREBY ORDERED that the Wayne County Circuit Court Order Directing Defendant to Submit Payments and Awarding Plaintiff His Attorney Fees/Costs dated January 25, 2010 in this matter (Exhibit A), shall be dismissed as if void ab initio and of no effect;

IT IS FURTHER ORDERED that this matter be DISMISSED without prejudice and without costs or attorney fees to either party.

THIS IS A FINAL ORDER WHICH DISPOSES OF ALL CLAIMS IN THE CASE.

SO ORDERED.

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE TERRY R. CHINAVARE. Plaintiff. CRINAVARE, TERRY R v DTE ENERGY R Hon. Michael F. Sapala 12/14/2009 vs. DTE ENERGY RETIREMENT PLAN. 09-030592-CZ Defendant. ORDER DIRECTING DEFENDANT TO SUBMIT PAYMENTS AND AWARDING PLAINTIFF HIS ATTORNEY FEES/COSTS At a session held in the City of Detroit, County of Wayne, State of Michigan, onMICHAEL F. SAPALA PRESENT: Circuit Court Judge This matter having come unto the Court upon Terry R. Chinavare's Complaint for Order to Show Cause, and an Order to Show cause being scheduled by the Court for the parties to appear on January 4, 2010, at 9:00 a.m., and the Court being otherwise fully advised in the premises;

IT IS HEREBY ORDERED that Defendant DTE Energy Retirement Plan shall forthWith submit payment In the amount of Six Thousand, One and 60/100 ($6.301.80) Dollars to Plaintiff Terry R. Chinavare. Payment shall be directed to Plaintiff counsel's office, located at 38275 W. Twelve Mile Road, Ste. 102, Farmington Hills, MI 48331.

IT IS FURTHER ORDERED that Defendant DTE Energy Retirement Plan shall commence Plaintiff's monthly benefits in the amount of $630.18, per month, commencing January 23, 2010. until further Order of the Court.

IT IS FURTHER ORDERED that Defendant shall submit a payment to Plaintiffs counsel In the amount of Two Thousand ($2,000.00) Dollars refiecting Plaintiff's attorney fees and costs.