Barnes
Barnes v. AT & T Pension Benefit Plannonbargained Program
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
Re: Plaintiff Barnes’ Motion to Strike Affirmative Defenses
In this action, plaintiff Quiller Barnes (“Barnes”), on behalf of himself and all others similarly situated, alleges that defendant AT & T Pension Benefit Plan Nonbargained Program (“AT & T”) wrongfully denied him pension benefits to which he was entitled. Barnes’ amended complaint asserts three causes of action under the Employee Retirement and Income Security Act (“ERISA”) for: (1) failing to provide adequate notice of the reasons for benefit denial, 29 U.S.C. § 1133 (1); (2) failing to pay benefits due, 29 U.S.C. § 1132 (a)(1)(B); and (3) violating ERISA’s anti-cutback provision, 29 U.S.C. § 1054 (g). Before the court is Barnes’ motion to strike the affirmative defenses in AT & T’s answer to Barnes’ amended complaint. Having considered the parties’ arguments and submissions and for the reasons stated below, the court enters the following memorandum and order.
BACKGROUND
Barnes originally filed this action in Contra Costa County Superior Court on January 20, 2008. The twenty-paragraph complaint contained a single cause of action to recover benefits due under the pension plan pursuant to 29 U.S.C.…