Simmons v. Firestone Tire & Rubber Co.

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

TURNER, District Judge.

This is an action brought in the General Sessions Court of Shelby County, Tennessee, for “failure to act in good faith and breach of contract.” Defendant removed the case to this court, pursuant to 28 U.S.C. § 1441, on the basis that the plaintiff’s claim is one for pension benefits governed by the federal Employee Retirement Income Security Act of 1974 (“ERISA”). Presently before the court is defendant’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The pleadings, affidavit,…