Lay

MEMORANDUM *

Roger Lay appeals an order of the district court granting summary judgment in favor of TreeSource Industries, Inc. Lay filed a complaint alleging that TreeSource refused to pay severance benefits to which he was entitled, pursuant to § 502 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132 . Lay contends that the district court erred in denying his motion for summary judgment and that the court abused its discretion in denying his motion for leave to file an amended complaint. TreeSource cross-appeals the district court’s denial of its motion for attorneys’ fees. We have jurisdiction over the final order of the district court pursuant to 28 U.S.C. § 1291 .

We conclude that the severance provision contained in the Restated Employment Agreement is ambiguous such that Lay has raised a genuine issue of material fact regarding his entitlement to severance payments. 1 The district court *788 accordingly erred in granting summary judgment in favor of TreeSource. We do not, however, agree with Lay that he is entitled to summary judgment. We therefore reverse the grant of summary judgment in favor of TreeSource and remand for further proceedings. In…