REGIONAL EMPLOYERS' ASSURANCE LEAGUES VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION TRUST v. CASTELLANO et al

Filing 352

ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. COUNTERCLAIMANT CASTELLANO'S MOTION FOR SUMMARY JUDGMENT ON THE DECLARATORY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT COUNTERCLAIMANT CASTELLANO'S MOTION FOR SUMMARY J UDGMENT FOR RELIEF UNDER 502(a)(1)(B) OF ERISA IS GRANTED. CASTELLANO IS HEREBY AWARDED BENEFITS IN THE AMOUNT OF $750,000.00. IT IS ALSO ORDERED THAT COUNTERCLAIMANT MOTION TO AMEND THE COUNTERCLAIM IS GRANTED. IN ALL OTHER RESPECTS, CASTELLANO 'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE MOTION FOR SUMMARY JUDGMENT ON THE EQUITABLE ERISA CLAIM IS DENIED WITHOUT PREJUDICE AND THE MOTION IS DENIED WITH PREJUDICE WITH RESPECT TO THE COMMON LAW COUNTERCLAIMS AND THE CIVIL RICO CLAIMS. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/24/2015. 8/25/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
REGIONAL EMPLOYERS ASSURANCE :
LEAGUES VOLUNTARY EMPLOYEES’ :
BENEFICIARY ASSOCIATION TRUST :
:
v.
:
:
GRETCHEN CASTELLANO
:
:
v.
:
:
REGIONAL EMPLOYERS ASSURANCE :
LEAGUES VOLUNTARY EMPLOYEES’ :
BENEFICIARY ASSOCIATION TRUST :
BY PENN-MONT BENEFIT SERVICES,:
INC., PLAN ADMINISTRATOR,
:
et al.
:

CIVIL ACTION

NO. 03-6903

ORDER
AND NOW, this 24th day of August, 2015, upon
consideration of the plaintiff’s motion for summary judgment
(Docket #127) and counterclaimant Castellano’s response;
counterclaimant Castellano’s motion for summary judgment (Docket
#125), plaintiff’s response and the reply thereto;
counterclaimant Castellano’s supplemental motion for summary
judgment (Docket #249), plaintiff’s response and the reply
thereto; and counterclaimant Castellano’s motion to amend
counterclaim (Docket #251) and plaintiff’s response; and for
reasons stated in a memorandum bearing today’s date, IT IS HEREBY
ORDERED that the Court will deny the plaintiff’s motion for
summary judgment and grant counterclaimant Castellano’s motion
for summary judgment on the declaratory judgment action.

IT IS FURTHER ORDERED that counterclaimant Castellano’s
motion for summary judgment for relief under § 502(a)(1)(B) of
ERISA is GRANTED.

Castellano is hereby awarded benefits in the

amount of $750,000.00.

IT IS FURTHER ORDERED that the REAL VEBA

trust shall pay this amount to Castellano.
IT IS ALSO ORDERED that counterclaimant Castellano’s
motion to amend the counterclaim is GRANTED.

In all other

respects, Castellano’s motion for summary judgment is DENIED.
The motion for summary judgment on the equitable ERISA claim is
DENIED without prejudice and the motion is DENIED with prejudice
with respect to the common law counterclaims and the civil RICO
claims.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.