Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Greer v. Operating Engineers Local 324 Pension Fund

United States District Court, E.D. Michigan, Southern Division

September 6, 2017

JOSEPH WAYNE GREER, Plaintiff,
v.
OPERATING ENGINEERS LOCAL 324 PENSION FUND, LINDA REETZ, Defendants.

          MEMORANDUM AND ORDER GRANTING DEFENDANT OPERATING ENGINEERS LOCAL 324 PENSION FUND'S MOTION FOR PARTIAL DISMISSAL (DOC. 4) [1]

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. Introduction

         This is a denial of benefits case. Plaintiff Joseph Wayne Greer has sued Operating Engineers Local 324 Pension Fund (Fund) and Linda Reetz claiming entitlement to ½ of a lump sum death benefit. The benefit was payable on the death of Robert John Greer (decedent) who was a participant in the Fund. The Fund paid the entire benefit, approximately $20, 000.00, to Linda Reetz, who was the designated beneficiary. Plaintiff is the decedent's son. Reetz is the decedent's long time companion. Plaintiff generally claims that Reetz agreed to split the death benefit with him and the Fund violated the law in paying the full benefit to Reetz. The complaint makes several claims under state and federal law, as follows:

Count I - violation of ERISA - failure to provide plan documents
Count II - violation of ERISA - wrongful denial of benefits
Count III - violation of ERISA - failure to accord full and fair review
Count IV - violation of ERISA - request for preliminary injunction
Count V - Constructive Trust
Count VI - Tortious Interference
Count VII - Fraud
Count VIII - Undue Influence
Count IX - ERISA claim for attorney fees

         The Court declined to exercise supplemental jurisdiction over the state law claims, Counts V - VIII, and dismissed them without prejudice. (Doc. 15). This eliminated Reetz from the case.

         Before the Court is the Fund's motion for partial dismissal, seeking to dismiss all ERISA claims except for a claim for benefits under ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B) as plead in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.