FISCHER v. CARPENTERS PENSION AND ANNUITY FUND OF PHILADELPHIA AND VICINITY

Filing 27

ORDER THAT PLFF'S MOTION FOR SUMMARY JUDGMENT (DOC #15) IS DENIED IN ITS ENTIRETY. DEFT'S MOTION FOR SUMMARY JUDGMENT (DOC #16) IS GRANTED IN PART AND DENIED IN PART, ETC. JUDGMENT IS ENTERED IN FAVOR OF DEFT AND AGAINST PLFF ON THESE CLAIMS. ( SIGNED BY HONORABLE JOHN R. PADOVA ON 8/5/11. ) 8/5/11 ENTERED AND COPIES E-MAILED.(gn, ) Modified on 8/5/2011 (gn, ).

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FREDERICK G. FISCHER, JR.

CIVIL ACTION

v.
CARPENTERS PENSION AND ANNUITY
FUND OF PHILADELPHIA AND
VICINITY

FI'~
NO. 10-3048

eB

AUG ~ -= ~6H

ORDER
AND NOW, this Sth day of August, 2011, upon consideration of Plaintiff's Motion for

Summary Judgment (Docket No. IS), Defendant's Motion for Summary Judgment (Docket No. 16),
and all documents filed in connection with the two Motions, after holding argument on the Motions
on July 13,2011, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY
ORDERED as follows:

1.

Plaintiff's Motion for Summary Judgment is DENIED in its entirety.

2.

Defendant's Motion for Summary Judgment is GRANTED IN PART and DENIED
IN PART as follows:

a.

Defendant's Motion is GRANTED insofar as it seeks judgment in
Defendant's favor on Plaintiff's ERISA claim that Defendant failed
to produce documents in violation of 29 U.S.C. § I 132(c)(1);
Plaintiff's ERISA claim under 29 U.S.C. § 1132(a)(1)(b) that
Defendant denied him benefits both arbitrarily and capriciously, and
in violation of ERISA's nonforfeitabilility provision, 29 U.S.C. §
IOS3(a); and Plaintiff's claim for violation of the Americans with
Disabilities Act, 42 U.S.C. § 2000e-S et seq. JUDGMENT IS

ENTERED in favor of Defendant and against Plaintiff on these
claims.
b.

The Motion is DENIED insofar as it seeks judgment in Defendant's
favor on Plaintiff s ERISA claim that Defendant breached its
fiduciary duties.

BYTHE .OURT:

~(JJL
Jo

2

R. Padova, J.