Smith v. New Mexico Coal 401(K) Personal Savings Plan

MEMORANDUM OPINION AND ORDER

ROBERT C. BRACK, District Judge.

THIS MATTER is before the Court on Plaintiffs Motion for Summary Judgment (Doc. 34), filed on April 7, 2008; Defendant BHP USA Retirement Savings Plan’s Motion for Order Affirming Administrative Decision on the ERISA Record (Doc. 36), filed on April 7, 2008; and Defendant New Mexico Coal 401(k) Personal Savings Plan’s Motion for Order Affirming Administrative Decision on the ERISA Record (Doc. 37), filed on April 7, 2008. 1 Jurisdiction arises under 28 U.S.C. § 1331. Having considered the submissions of counsel, relevant law, and…