Bradley v. Capital Engineering & Mfg. Co.

MEMORANDUM AND ORDER

MORAN, District Judge.

This suit, brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, is before the court on two motions. Plaintiff seeks summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on count I, alleging that as a matter of law she is entitled to recover insurance benefits that defendant, her previous employer, has denied her in violation of ERISA § 502, 29 U.S.C. § 1132. In this count plaintiff seeks compensatory and punitive damages and attorney’s fees. Defendant moves for dismissal of count…