Judge Dale A. Kimball – Motion for Summary Judgment granted

2006 U.S. Dist. LEXIS 62521

ERIC PLAYER, Plaintiff, vs. NORTHROP GRUMMAN CORPORATION, Defendant.

Case No. 2:05CV753

August 31, 2006

Plaintiff brought this case under ERISA for statutory penalties alleging that his employer, Northrop Grumman, failed to send him full copies of the applicable long-term disability policy he requested. Defendant moved for summary judgment.

Motion for summary judgment was granted since, among other reasons, 29 USC Section 1024(b)(4) requires a participant to request plan documents from the Plan Administrator and only the Plan Administrator can be subject to the statutory penalty for failing to provide the requested documents. Plaintiff’s employer was held to not be the Plan Administrator. The Plan Administrator was not named as a defendant in this case.

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