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CARROLL v. LOS ALAMOS NAT. SEC., LLC

No. CIV 08-0959 JB/ACT.

704 F.Supp.2d 1200 (2010)

David CARROLL, Plaintiff, v. LOS ALAMOS NATIONAL SECURITY, LLC and The Lans Benefit and Investment Committee, Defendant.

United States District Court, D. New Mexico.

March 20, 2010.

Attorney(s) appearing for the Case

Michael E. Mozes, Law Offices of Michael E. Mozes, P.C., Albuquerque, NM, for Plaintiff.

Scott D. Gordon, Julie P. Neerken, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment, filed December 14, 2009 (Doc. 55). The Court held a hearing on January 28, 2010. The primary issues are: (i) whether Plaintiff David Carroll's can bring a claim for civil penalties under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 through 1461, for...

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