Gregory v. Goodman Manufacturing Company, L.P.

Filing 33

ORDER adopting Report and Recommendations re 31 Report and Recommendations ; granting in part and denying in part 19 Motion for Summary Judgment. Signed by District Judge Harry S Mattice, Jr on 5/23/2011. (PCS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
JERRY GREGORY,
Plaintiff,
v.
GOODMAN MANUFACTURING
COMPANY, L.P.,
Defendant.

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Case No. 4:10-cv-23
Judge Mattice

ORDER
Plaintiff Jerry Gregory brought this action against Defendants Goodman
Manufacturing Company, L.P. pursuant to 29 U.S.C. § 1132(c)(1), which requires a plan
administrator to provide plan documents within 30 days upon request by a participant or
beneficiary of the plan.
Before the Court is Defendant’s Motion for Summary Judgment [Court Doc. 19].
Pursuant to 28 U.S.C. § 636(b)(1), the Court referred this matter to United States
Magistrate Judge William B. Mitchell Carter for a Report and Recommendation (“R&R”) on
Plaintiff’s motion. Magistrate Judge Carter entered his R&R [Court Doc. 31] on May 2,
2011. Magistrate Judge Carter recommended that Defendant’s Motion be granted as to
the amount of benefits to which Plaintiff was entitled because Plaintiff no longer contested
the amount. Magistrate Judge Carter recommended that the Motion be denied as to
Plaintiff’s claim that Defendant is subject to the $110 per day penalty assessed for failure
to comply with 29 U.S.C. § 1132(c)(1). Neither party filed objections within the given 14
days.
After reviewing the record, the Court agrees with Magistrate Judge Carter’s report

and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter’s
findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and
Rule 72(b).
The Court ORDERS that Defendant’s Motion for Summary Judgment [Court Doc.
19] is GRANTED IN PART to the extent that the amount of benefits to which Plaintiff is
entitled has been resolved. Defendant’s Motion is DENIED IN PART as to Plaintiff’s claim
for the $110 daily penalty to which Defendant could be subject by virtue of it’s failure to
provide Plaintiff with the plan documents upon his request. The Court further ACCEPTS
and ADOPTS Magistrate Judge Carter’s conclusion that if Plaintiff is entitled to the $110
daily penalty for Defendant’s failure to provide the plan documents, the effective statute of
limitations is one year.
SO ORDERED this 23rd day of May, 2011.

/s/Harry S. Mattice, Jr.
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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