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Anderson v. General Motors LLC

United States District Court, D. Delaware

September 13, 2019

ROLAND C. ANDERSON, Plaintiff,
v.
GENERAL MOTORS LLC, Defendant

         Justice of the Peace Court of the State of Delaware in and for New Castle County C.A.No.JP13-18-003067

          Roland C. Anderson, Wilmington, Delaware, Pro Se Plaintiff.

          Lori Ann Brewington, Esquire, and Tina M. Bengs, Esquire, Richards, Layton & Finger, PA, Wilmington, Delaware. Counsel for Defendant

          MEMORANDUM OPINION

          STARK, U.S. DISTRICT JUDGE.

         I. INTRODUCTION

         On April 25, 2018, Defendant General Motors LLC ("Defendant") filed a notice of removal of Delaware State Court C.A. No. JP13-18-003067. (D.I. 1) Plaintiff Roland C. Anderson ("Plaintiff) appears pro se. The Court has jurisdiction pursuant to 28 U.S.C. § 1331. Defendant moves for judgment on the pleadings, while Plaintiff moves to stay the case, requests counsel, seeks default judgment against Defendant, [1] and moves for an extension of time.[2] (D.I. 11, 13, 14, 16, 17, 22, 23)

         II. BACKGROUND

         Plaintiff, who was employed by Defendant, alleges that he has seniority rights and credited service that entitle him to pension benefits under an employee retirement benefit plan that is sponsored and administered by Defendant. (D.I. 1-1 at 6) Attached to the Complaint are two letters: one dated January 27, 2016 and the other dated February 13, 2018.

         The January 27, 2016 letter advises Plaintiff:

We have reviewed your employment records, which confirm that you never acquired seniority rights. Further, the terms of die Plan in effect as of your date of termination required employees to have 10 years of credited service in order to have eligibility for benefits under the Plan. As you did not have 10 years of credited service, there are no benefits due you under the Plan.
Your correspondence indicated mat you believed that you have entitlement to sickness & accident or disability benefits from General Motors; this matter was thoroughly reviewed in 2011 and it was determined that you did not have any eligibility for those benefits.
GM considers this matter closed.

(D.I. 1-1 at 8)

         The February 13, 2018 letter is a cover letter that enclosed a copy of the foregoing January 27, 2016 letter and was sent in response a query made by ...


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