Brown v. United Parcel Service

MEMORANDUM OPINION & ORDER

BABCOCK, District Judge.

Defendant, United Parcel Service (UPS), moves for summary judgment on plaintiffs claims of promissory estoppel. UPS asserts that both claims are preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001, et seq. Because plaintiff, Bradley W. Brown (Brown), has not pleaded an ERISA claim, UPS argues that I should enter summary judgment in favor of UPS on both claims. For the reasons set forth below, UPS’s motion will be granted in part and denied in part.

I

The following facts are not disputed, or if in dispute, Brown’s…