Rotech Healthcare Inc. v. Huff

OPINION

MICHAEL P. McCUSKEY, Chief Judge.

This case is before the court for ruling on cross motions for summary judgment filed by Plaintiff, Rotech Healthcare Inc. (Rotech) and Defendant, Synthia Ann Huff (Huff). 1 Both parties are seeking judgment as a matter of law on Rotech’s Complaint (# 1) which was brought pursuant to section 502(a)(3) of the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C. § 1132(a)(3). This court has carefully reviewed the arguments of the parties and the documents provided by the parties. Following this careful review, Huffs Motion for…