Alston v. Atlantic Electric Co.

IRENAS, District Judge:

Plaintiffs instituted this action to recover additional severance and pension benefits from their former employer. Defendant filed a motion for partial dismissal. We will grant defendant’s motion in part and deny it in part. Plaintiffs’ claims for pension benefits are dismissed for failure to state a claim upon which relief can be granted. Plaintiffs’ state law claims are dismissed as preempted. Defendant’s motion to dismiss plaintiffs’ federal claims for additional severance benefits is denied.

I. FACTS

Twelve former employees 1 of the defendant, Atlantic Electric…