Brown v. Continental Baking Co.

Explanatory Order

ANITA B. BRODY, District Judge.

Defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56. After considering the facts in the light most favorable to the plaintiff I will grant the motion in part and deny it in part for the following reasons. Plaintiff also moves to strike defendant’s motion for summary judgment, I will deny this motion.

1. ERISA

Plaintiff seeks to recover benefits under the terms of his Plan for health, dental, disability and life insurance coverage for him and his children under § 1132(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29…