Shapiro

Proceedings: (IN CHAMBERS) PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DE 10) AND DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DE 8)

I. INTRODUCTION

This action is brought by Plaintiff Karen O. Shapiro (“Plaintiff’) against Defendants Continental Casualty Company (“CNA”), Alexsis, Inc. Employee Health Plan, and Alexsis, Inc., Employee Life Insurance Plan (collectively, “Defendants”), for breach of the Employee Retirement Income Security Act of 1974 (“ERISA”). The Complaint alleges three causes of action: 1) wrongful termination of ERISA benefits due to Plaintiff; 2) injunctive relief and restitution of past benefits, pursuant to 29 U.S.C. § 1132 (a), and 3) penalties for failure to provide plan documents under 29 U.S.C. §§ 1024 (b)(4) and 1132(c).

II. FACTUAL BACKGROUND

The following facts are undisputed:

Plaintiff was an employee of Alexis, Inc. and a participant in the Alexsis, Inc. Employee Health Plan and Alexis, Inc. Employee Life Insurance Plan (“Alexis Plan” or “Plan”), which are subject to the provisions of ERISA. (Def.’s Statement of Genuine Issues (“Statement”), No.l.) Pursuant to the terms of her employment with Alexis, Inc., Plaintiff was provided disability insurance…