Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

04-907 - LEAVEN v. PHILIP MORRIS, et al


Download Files

Metadata

Document in Context
04-907 - LEAVEN v. PHILIP MORRIS, et al
June 6, 2006
PDF | More
MEMORANDUM OPINION signed by Judge JAMES A. BEATY JR. on 6/6/06. Re: Defendants' Motion to Dismiss Plaintiff's ERISA Claim [Document #7] and also on Defendants' separate Motion to Sever and Stay Plaintiff's ERISA Claim [Document #11]. An Order consistent with this Memorandum Opinion will be filed herewith.(Welch, Kelly)
June 6, 2006
PDF | More
ORDER signed by Judge JAMES A. BEATY JR. on 6/6/06, for the reasons discussed in the Memorandum Opinion, Plaintiff's Motion to Strike [Document #15] Defendants' Reply Brief in Support of Defendants' Motion to Sever and StayPlaintiff's ERISA Claim is DENIED. FURTHER that Defendants' Motion to Dismiss [Document #7] is DENIED and instead the Court hereby orders the REMAND of Plaintiff's ERISA claim to the Severance Pay Plan for an initial determination. The Court will GRANT IN PART, AND DENY IN PART Defendants' Motion to Sever and Stay Plaintiff's ERISA claim [Document #11]. To that extent the Court hereby denies Defendants' Motion to sever the two claims as they involve common questions of fact and can be most expeditiously determined together. However, the Court hereby orders a STAY of both of the claims while the administrative process concerning Plaintiff's ERISA claim is ongoing consideration by the Severance Pay Plan. The Court further orders that within 45 days from the date of this Order Plaintiff shall file his claim with the Severance Pay Plan, which the Court will deem to be timely filed. After Plaintiff files his claim with the Severance Pay Plan, Defendants are directed to expeditiously determine whether Plaintiff qualifies for benefits. In that vein, Defendants may proceed according to ERISA's regulations concerning the deadlines for deciding claims, which provide for 90 days to decide the initial claim, 60 days for Plaintiff to file an appeal with the Severance Pay Plan, if necessary, and 60 days for the appeal to be decided. Following the Severance Pay Plan's final determination on Plaintiff's ERISA claim, the Court will lift the stay on the entire case. (Welch, Kelly)
January 25, 2008
PDF | More
ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/25/08, for the reasons discussed, the Court finds that Plaintiff has indeed failed to prosecute his suit against the Defendants. Thus, Plaintiff's suit warrants dismissal pursuant to Rule 41(b). Consequently, Defendants' Motion to Dismiss for Failure to Prosecute is GRANTED, and Plaintiff's claims are hereby DISMISSED WITH PREJUDICE. (Welch, Kelly)