WILLIAMS v. NJ CARPENTERS FUNDS et al

Filing 37

MEMORANDUM OPINION & ORDER granting 13 Motion for Summary Judgment. ORDER that the Clerk of the Court shall mark this matter as CLOSED. Signed by Judge Noel L. Hillman on 4/28/2015. (tf, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SANDY WILLIAMS,
Plaintiff,

CIVIL NO. 1:13-cv-4071
(NLH/AMD)

v.
MEMORANDUM OPINION & ORDER
NJ CARPENTERS FUNDS et. al,
Defendants.

Appearances:
SANDY WILLIAMS
5535 RIDGEWOOD STREET
PHILADELPHIA, PA 19143
Pro se plaintiff
SETH PTASIEWICZ
KROLL, HEINEMAN CARTON LLC
99 WOOD AVENUE SOUTH, SUITE 307
ISELIN, NJ 08830
Attorney for defendants NJ Carpenters Funds and United
Brotherhood of Carpenters and Joiners of America Local Union 02
HILLMAN, District Judge
This matter having been raised before the Court by way of
defendants’ motion for summary judgment on plaintiff’s claim
that his Employee Retirement Income Security Act of 1974
(“ERISA”), 29 U.S.C. §§ 1001-1461, benefits plan failed to pay
for plan-covered medical treatment, in violation of ERISA §
502(a)(1)(B); and
The Court having initially denied defendants’ prior motion
for summary judgment because the evidence in the record was not
clear as to when plaintiff incurred his medical expenses and

whether the plan failed to pay for those expenses to which
plaintiff was entitled; and
The Court having heard oral argument, and the Court having
ordered the submission of supplemental briefing and evidence;
and
Defendants having now renewed their motion for judgment in
their favor because the undisputed documentary evidence shows
that no outstanding benefits are due to plaintiff or his medical
providers for the period of time that plaintiff was covered
under the plan; and
Plaintiff having not opposed defendants’ renewed motion or
otherwise disputed the evidence showing that no outstanding
benefits are due to plaintiff or his medical providers; and
The Court, having considered all the evidence in the
record, now finding that no disputed issues of fact remain as to
plaintiff’s claim that defendants violated § 502(a)(1)(B) of
ERISA; and
The Court further finding that plaintiff has not presented
any evidence to show that unpaid medical bills exist for the
time plaintiff was covered under defendants’ ERISA health
benefits plan;
Consequently,
IT IS on this

28th

day of

2

April

, 2015

ORDERED that defendants’ motion for summary judgment [13]
be, and hereby same is, GRANTED; and it is further
ORDERED that the Clerk of the Court shall mark this matter
as CLOSED.

_ s/ Noel L. Hillman_
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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