Kallys Albert, Sr. v. Orion Associates, No. 14-1968 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - ERISA. No error in granting defendant's motion for summary judgment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1968 ___________________________ Kallys Albert, Sr. lllllllllllllllllllll Plaintiff - Appellant v. Principal Financial Group; Principal Life Insurance Company lllllllllllllllllllll Defendants Orion Associates; Meridian Services, Inc.; Stephen Hage lllllllllllllllllllll Defendants - Appellees John Doe lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: December 2, 2014 Filed: December 9, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and MELLOY, Circuit Judges. ____________ PER CURIAM. Kallys Albert, Sr., appeals the district court’s1 adverse grant of summary judgment in his action under the Employee Retirement Income Security Act. Upon de novo review of the record, see Silva v. Metro. Life Ins. Co., 762 F.3d 711, 718 (8th Cir. 2014), we agree with the district court that Albert failed to meet his burden of designating specific facts creating triable questions of fact, see Crossley v. Ga.-Pac. Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (per curiam). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota. -2-
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