Glavor

Glavor v. Shearson Lehman Hutton, Inc.

Good Law
879 F. Supp. 1028·95 Daily Journal DAR 538·1994 WL 719104·1994 U.S. Dist. LEXIS 18666
United States District Court, Northern District of CaliforniaDecember 6, 1994C-93-1648 DLJCalifornia4,058 words

Opinion

Opinion

Jensen, J.

ORDER

This is an action by plaintiff alleging ERISA violations. By Order dated August 12, 1994, the Court denied plaintiff’s motion for reconsideration of the Court’s April 8, 1994 Order, rejecting plaintiffs argument that the ERISA plan recognized by the Court is invalid. The Court further dismissed plaintiffs action against defendant Equicor, Inc. and the Equitable Life Assurance Society of the United States. On the four remaining causes of action, the parties’ motions for summary judgment were deferred pending submission of briefs exclusively directed at the following issues: statute of limitations and assessment of statutory penalties under 29 U.S.C. § 1132 (c). The briefs by plaintiff and defendant Smith Barney Shearson, Inc. were timely filed. The parties’ motions for summary judgment are properly before the Court. Plaintiff also filed a motion to reconsider the August 12, 1994 Order and the April 8, 1994 Order. Plaintiffs motion was heard on October 12, 1994. Upon consideration of the submissions, the Court DENIES plaintiffs motion for reconsideration and GRANTS summary judgment in favor of defendant Smith Barney Shearson, Inc.

I. BACKGROUND

Plaintiff Robert Glavor was…

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