Legal Opinion

Ivanovic v. IBM Personal Pension Plan

District Court, E.D. New York

Decided September 22, 2014No. 12-CV-6021 (RRM)(CLP)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROSLYNN R. MAUSKOPF, District Judge.

On December 6, 2012, plaintiff Miroslav Ivanovic (“Ivanovic”) sued defendant IBM Personal Pension Plan (“IBM”) to recover benefits pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), and to clarify his rights to future pension benefits under the Plan. IBM moves to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“Fed. R. Civ.P.”) on the ground that the action is time-barred. For the reasons set forth below, IBM’s motion is GRANTED and the complaint…

2Cases cited18 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Harris v. MillsCourt of Appeals for the Second Circuit · 2009
  4. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  5. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975

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3Cited by2 opinions

  1. James Richard Hill, III v. XPO, Inc. and GXO Logistics, Inc.District Court, D. Connecticut · 2026
  2. Lardo v. Building Service 32BJ Pension FundDistrict Court, S.D. New York · 2021

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