SMITH v. NEW MEXICO COAL 401(K) PERSONAL SAVINGS

No. CIV 07-0736 RB/LFG.

591 F.Supp.2d 1172 (2008)

Lilirae SMITH, Plaintiff, v. The NEW MEXICO COAL 401(K) PERSONAL SAVINGS PLAN, The USA Retirement Savings Plan, and the BHP Basic Life Insurance Plan, Defendants.

United States District Court, D. New Mexico.

August 6, 2008.


Attorney(s) appearing for the Case

Daniel M. Rosenfelt, Rosenfelt & Buffington, P.A., Albuquerque, NM, Lisa Counters, Chandler, AZ, for Plaintiff.

Trent A. Howell, Holland & Hart, L.L.P., Santa Fe, NM, for Defendants.


MEMORANDUM OPINION AND ORDER

ROBERT C. BRACK, District Judge.

THIS MATTER is before the Court on Plaintiffs Motion for Summary Judgment (Doc. 34), filed on April 7, 2008; Defendant BHP USA Retirement Savings Plan's Motion for Order Affirming Administrative Decision on the ERISA Record (Doc. 36), filed on April 7, 2008; and Defendant New Mexico Coal 401(k) Personal Savings Plan's Motion...

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