United States District Court, D. Delaware
ROLAND C. ANDERSON, Plaintiff,
GENERAL MOTORS LLC, Defendant
of the Peace Court of the State of Delaware in and for New
Castle County C.A.No.JP13-18-003067
C. Anderson, Wilmington, Delaware, Pro Se Plaintiff.
Ann Brewington, Esquire, and Tina M. Bengs, Esquire,
Richards, Layton & Finger, PA, Wilmington, Delaware.
Counsel for Defendant
U.S. DISTRICT JUDGE.
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,  and moves for an
extension of time. (D.I. 11, 13, 14, 16, 17,
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.
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)
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 ...