Verizon Employee Benefits Committee v. Adams

Full title: THE VERIZON EMPLOYEE BENEFITS COMMITTEE, Plaintiff, v. MICHAEL ADAMS…

Court: United States District Court, W.D. Pennsylvania

Date published: Nov 19, 2007

2:07cv476 Electronic filing (W.D. Pa. Nov. 19, 2007)

Opinion

2:07cv476 Electronic filing.

November 19, 2007

MEMORANDUM ORDER

DAVID CERCONE, District Judge

Plaintiff's Complaint was received by the Clerk of Court and was subsequently referred to United States Magistrate Judge Lisa Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Report and Recommendation concluded that because, taking the evidence in the light most favorable to the Plaintiff, the Plan's Benefits Committee has sufficiently stated a claim (as to which material fact questions presently exist) for fiduciary entitlement to equitable relief under either § 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), or a federal common law analysis, Defendant's Motion to Dismiss should be denied. Service was made on all counsel of record and no objections were made. Accordingly,

NOW, this 19^th day of November, 2007, IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Document No. 31) is DENIED.

IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Lenihan is adopted as the Opinion of the Court.