Opinion
CIVIL ACTION NO. 10-3048
08-05-2011
FREDERICK G. FISCHER, JR. v. CARPENTERS PENSION AND ANNUITY FUND OF PHILADELPHIA AND VICINITY
ORDER
AND NOW, this 5th day of August, 2011, upon consideration of Plaintiff's Motion for Summary Judgment (Docket No, 15), Defendant's Motion for Summary Judgment (Docket No. 16), and all documents filed in connection with the two Motions, after holding argument on the Motions on July 13, 2011, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED as follows:
1. Plaintiff's Motion for Summary Judgment is DENIED in its entirety.
2. Defendant's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows:
a. Defendant's Motion is GRANTED insofar as it seeks judgment in Defendant's favor on Plaintiff's ERISA claim that Defendant failed to produce documents in violation of 29 U.S.C. § 1132(c)(1); plaintiff's ERISA claim under 29 U.S.C. § 1132(a)(1)(b) that Defendant denied him benefits both arbitrarily and capriciously, and in violation of ERISA's nonforfeitabilility provision, 29 U.S.C. § 1053(a); and plaintiff's claim for violation of the Americans with Disabilities Act, 42 U.S.C. § 2000e-5 et seq. JUDGMENT IS
ENTERED in favor of Defendant and against Plaintiff on these claims.
b. The Motion is DENIED insofar as it seeks judgment in Defendant's favor on plaintiff's ERISA claim that Defendant breached its fiduciary duties.
BY THE COURT:
John R. Padova, J,