Summary
denying motion for summary judgment seeking constructive trust where plan was top hat unfunded plan because such plans "have no assets separate from the general corporate assets"
Summary of this case from In re Washington Mutual, Inc.Opinion
CIVIL ACTION NO. 05-1080.
May 7, 2009
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record;
IT IS ORDERED that the plaintiff's Motions for Partial Summary Judgment [rec. docs. 74 and 84] be DENIED. IT IS FURTHER ORDERED that all of plaintiff's claims under ERISA for breach of fiduciary duties, his request for declaratory judgment and equitable relief under ERISA, as well as plaintiff's negligence and all other claims asserted under Louisiana state law be DISMISSED WITH PREJUDICE. THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana.