Batista v. Bristol, IncMOTION for Summary JudgmentD. Conn.January 31, 2019UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CARLOS S. BATISTA Plaintiff, v. BRISTOL, INC D/B/A EMERSON REMOTE AUTOMATION SOLUTIONS, and RETIRED MEDICAL STIPEND FOR RETRIED EMLOYEES OF BRISTOL, INC. AGE 60+ PLAN, Defendants. Case No. 3:16-cv-02072 (AVC) DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal and Local Rules of Civil Procedure, Defendants, Bristol, Inc. D/B/A Emerson Remote Automation Solutions ("Bristol/RAS") and the Retired Medical Stipend for Retired Employees of Bristol, Inc. Age 60+ Plan ("Plan") (collectively "Defendants"), move for summary judgment in their favor with respect to all claims and allegations raised in Plaintiff Carlos S. Batista's ("Plaintiff') Second Amended Complaint ("SAC"). [Dkt. No. 40] As set forth in detail in Defendants' Memorandum in Support of Motion for Summary Judgement and Local Rule 56(a)(1) Statement of Undisputed Facts filed contemporaneously herewith, Defendants are entitled to summary judgement in their favor dismissing Plaintiff's Count I claim for benefits under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. §1132(a)(1)(B) and Count II claim for estoppel pursuant to ERISA, 29 U.S.C. §1132(a)(3). Case 3:16-cv-02072-AVC Document 55 Filed 01/31/19 Page 1 of 4 The Plan at issue provides a monthly stipend to eligible retirees as reimbursement for retiree medical premiums ("the medical stipend benefit"). In Count I of his SAC, Plaintiff contends that his right to the Plan's medical stipend benefit vested when he stopped working for Bristol/RAS in January 2011 and accepted a transfer to a sister company called Power and Water Systems ("PWS") . Alternatively, Batista claims that he earned the medical stipend benefit when he retired from PWS in February 2015. Plaintiff is not entitled to benefits under the clear and unambiguous terms of the Plan because the medical stipend benefit Plaintiff seeks does not vest, and Plaintiff does not meet the eligibility requirements for benefits. Plaintiff also seeks to obtain the medical stipend benefit by asserting an estoppel claim in Count II of his SAC. Batista alleges that Bristol/RAS intentionally induced him to transfer to PWS by promising he would receive the same "compensation" at PWS. Batista's claim fails as a matter of law because he cannot meet any of the elements for estoppel. Batista has admitted that there was no specific promise written or oral of the medical stipend benefit. Nor was there any reasonable reliance, injury or extraordinary circumstances. No genuine issue of material fact exists to warrant a trial with respect to either Count I or Count II of Plaintiffs SAC. WHEREFORE, Defendants respectfully request that this Court grant this Motion, enter an order awarding summary judgment in favor of Defendants on all counts, dismissing Plaintiff's SAC in its entirety with prejudice, and awarding Defendants their costs and reasonable attorneys' fees, as well as such further relief as the Court deems just. 2 Case 3:16-cv-02072-AVC Document 55 Filed 01/31/19 Page 2 of 4 Respectfully submitted, DEFENDANTS, BRISTOL, INC. D/B/A EMERSON REMOTE AUTOMATION SOLUTIONS AND THE RETIRED MEDICAL STIPEND FOR RETIRED EMPLOYEES OF BRISTOL, INC. AGE 60+ PLAN By: /s/ Kimberly A. Jones Kimberly A. Jones (Pro Hac Vice) kimberly.jones@ogleetreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 155 North Wacker Drive, Suite 4300 Chicago, IL 60606 Phone: 312-558-1237 Fax: 312-807-3619 By: Is! Ashley Totorica Ashley Totorica (CT29214) ashley.totorica@ogleetreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 281 Tresser Boulevard, Suite 602 Stamford, CT 06901 Phone: 203.969.3109 Fax: 877.229.7662 3 Case 3:16-cv-02072-AVC Document 55 Filed 01/31/19 Page 3 of 4 CERTIFICATION I hereby certify that the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by email to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this document through the court's CM/ECF System. /s Kimberly A. Jones Kimberly A. Jones 37235497.1 4 Case 3:16-cv-02072-AVC Document 55 Filed 01/31/19 Page 4 of 4
