Sluimer

Sluimer v. Verity, Inc.

Good Law

628 F. Supp. 2d 1099·2008 WL 2899914·44 Employee Benefits Cas. (BNA) 2622·2008 U.S. Dist. LEXIS 55636

United States District Court, Northern District of CaliforniaJuly 22, 2008C 08-01220 SICalifornia6,507 words

Opinion

Illston, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

The parties have filed cross-motions for summary judgment, and defendant has filed a motion to dismiss. Argument on the matter was heard on July 18, 2008. Having considered the arguments of the parties and the papers submitted, the Court hereby DENIES defendant’s motions and GRANTS IN PART plaintiff’s motion for summary judgment.

BACKGROUND

This case raises the question of whether a former employee was properly denied benefits under a plan governed by the Employee Retirement Income Security Act (“ERISA”). The parties do not dispute the following facts. Plaintiff Hugo Sluimer was employed by defendant Verity, Inc., a computer software provider, from 1990 until December 2005, when defendant was acquired by Autonomy Company. In anticipation of a possible acquisition, defendant Verity created, in April 2005, a “Change in Control and Severance Benefit Plan” (“Plan”), which provided that if a Plan participant experienced a “covered termination” following a change in control, the participant would receive benefits such as a cash severance, accelerated stock…

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