Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1 :04-cv-01468-KAJ Document 31 Filed O9/30/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALAN D. BARR and :
JOHN MALANDRUCCOLO, JR., :
Plaintiffs, {
v. Civil Action No. OA-—l468
CARPENTERS PENSiON AND ANNUITY
PLAN OF PHILADELPHIA AND :
VICINITY, successor by merger to :
CARPENTERS LOCAL 626 PENSION :
AND ANNUITY PLAN, :
Defendant.
DEFENDANTS MOTION FOR SUMMARY JUDGMENT
AGAINST PLAINTIFFS
Defendant, Carpenters Pension and Annuity Plan of Philadelphia and Vicinity,
successor by merger to Carpenters Local 626 Pension and Annuity Plan ("Plan”), by and
through counsel, hereby moves pursuant to Federal Rule of Civil Procedure 56 for entry
of summary judgment against Plaintiffs Alan D. Barr and John Malandniccolo, lr. as the
Plaintiffs were properly awarded benefits under the terms ef the Plan and therefore are
not entitled to additional benefits from the Piang or, in the case of Plaintiff Alan D. Barr,
that his claim for additionai benefits is time barred bythe Statute of Limitations.
The grounds for this motion are set forth in detail in the Defendant’s Opening
Brief in Support of Defendant’s Motion for Summary Judgment Against Plaintiffs.
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Case 1:04-cv-01468-KAJ Document 31 Filed O9/30/2005 Page 2 of 4
WHEREFORE, the Plan respectfully requests the Court to enter the attached
Proposed Order granting its motion.
YO Y: — CONAWAY STARGATT & TAYLOR,
LL I
1 O l _. V .
O O lr f` rl l
imotl! J. Snyder ~
3 The Brandywine Buil ¤; i
1000 West Street, 17th F100
P.O. Box 391
Wilmington, Delaware l9899—039l
Telephone: (302) 57l~6645
Facsimile: (302) 576-3336
Email: tsnyder@,yest.eom
Of Counsel:
Kent Cprek _
JENNINGS SIGMOND, P.C.
510 Walnut Street, Suite 1600
Philadelphia, PA 1910-3683
(215) 351-0615
Counsel for Defendant
September 30, 2005
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Case 1:04-cv-01468-KAJ Document 31 Filed O9/30/2005 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALAN D. BARR and :
JOHN MALANDRUCCOLO, JR., :
Piamarrs, S
v. : Civil Action No. 04—1-468
CARPENTERS PENSION AND ANNUITY
PLAN OE PHILADELPHIA AND :
VICINITY, successor by merger to :
CARPENTERS LOCAL 626 PENSION :
AND ANNUITY PLAN, :
Defendant. `
ORDER GRANTING DEFENDANTHS MOTION FOR SUMMARY JUDGMENT
At Wilmington, Delaware, this day of , 2005, having
considered the Motion of Defendant Carpenters Pension and Annuity Plan of
Philadelphia and Vicinity, successor by merger to Carpenters Local 626 Pension and
Annuity Plan ("Defendant") for Summary Judgment and the partir->s’ arguments thereon,
it is hereby ORDERED that said Motion is GRANTED and that the above—captioned
matter against Defendant is hereby DISMISSED in its entirety with prejudice.
BY THE COURT:
The Honorable Kent A. Jordan
United States District Judge
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Case 1:04-cv-01468-KAJ Document 31 Filed O9/30/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on September 30, 2005, I electronicaliy tiled a true and correct copy
ofthe Defendants’ Motion for Summary Judgment Against Plaintiffs using CM/ECF, which will
send notification that such filing is available for viewing and downloading. I further certify that
on September 30, 2005, I caused a copy ofthe Defendants’ Motion for Summary Judgment
Against Plaintiffs to be served on the following counsel. of record in the manner indicated below:
HAND DELIVERY
Joseph M. Bernstein, Esquire
800 North King Street, Suite 202
Wilmington, DE i980i
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