ROMERO, et al v. ALLSTATE INSURANCE, et al

Filing 961

ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT 917 , IT IS ORDERED THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/22/16. 11/22/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,
Plaintiffs,

CIVIL ACTION

v.

NO. 01-3894
CONSOLIDATED WITH

ALLSTATE INSURANCE COMPANY,
et al.,
Defendants.

NO. 01-6764 (Romero II)
NO. 03-6872 (Romero Ill)
N0.15-1017 (McLaughlin)
NO. 15-1049 (Abell)
NO. 15-1190 (Harris)
NO. 15-2602 (Tabor)
NO. 15-2961 (Siegfried)
NO. 15-3047 (Anzivine)

ORDER
AND NOW, this 22nd day of November 2016, upon consideration of Defendants' Motion
for partial summary judgment as to the anti-cutback and breach of fiduciary duty claims (Counts
VIII, IX and X) (ECF Doc. No. 917), Plaintiffs' Opposition (ECF Doc. No. 933), Defendants'
Reply (ECF Doc. No. 937), following oral argument and for reasons in the accompanying
Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 917) is GRANTED in part
and DENIED in part:
1.

On Count VIII, Defendants' Motion is DENIED as to Plaintiffs' "Beef Up"

claim, and GRANTED as to Plaintiff Brooks' time-barred "Beef Up" claim; and,
2.

On Count IX, Defendants' Motion is GRANTED as to any argument the 1993

Amendment to the term "Credited Service" constitutes a cutback in violation of ERISA §204(g),
and DENIED as to Plaintiffs' alternative claim they are employees, not independent contractors.

Plaintiffs' claim seeking credit for service as an employee will be resolved in later individual
proceedings; and
3.

On Count X, Defendants' Motion is GRANTED and the breach of fiduciary duty

claim is dismissed.

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