Mohamed v. Sanofi-Aventis Pharmaceuticals et al, No. 1:2006cv01504 - Document 45 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER: #98506 For the reasons set forth above, (1) Plaintiff's claim that Defendants denied him benefits to which he is entitled in violation of ERISA is REMANDED to the Committee; (2) Plaintiff's ERISA section 510 claim for ret aliatory termination is DISMISSED; (3) Plaintiff's motion for summary judgment on his claim that the Committee violated ERISA section 502(c) (1) is GRANTED, and the Court awards a $1,200 penalty against the Committee to Plaintiff; (4) Plain tiff's claim that Defendants' counterclaims are retaliatory in violation of ERISA section 510 is DISMISSED; and (5) Plaintiff's motion for judgment as a matter of law on Defendants' counterclaims is DENIED, and Defendants' motion for summary judgment and Plaintiff's crossmotion for summary judgment on the counterclaims are DENIED. (Signed by Judge Barbara S. Jones on 12/18/2009) (jpo) Modified on 2/2/2010 (ajc).