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Conroy v. High Peaks Dental Prof'l P'ship

ERISA Violations Claims Fail; Plaintiff Entitled to Annual Pension Benefit Statements Only

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION This action arises from a dispute between Plaintiff Kevin J. Conroy, his former employer, Defendant High Peaks Dental Professional Partnership (“HPD”), and HPD’s owners, Defendants William Caldon and Michael O’Connor. (Dkt. Nos. 1, 17-23). Plaintiff brings two claims under section 502 of the Employment Retirement Income Security Act of 1974 (“ERISA”) (codified at 29 U.S.C. §1132), alleging that Defendants failed to “provide a pension benefits statement to [him] at least once each calendar quarter” and “interfer[ed] with Plaintiff’s right of access” to benefits in violation of sections 105 and 510 of ERISA (codified at 29 U.S.C. §§1025 and 1140), respectively. (Dkt. No. 17-23,

35-44). He also asserts state law claims for unjust enrichment, conversion, misappropriation of his likeness, fraud, and fraudulent inducement. (Id.

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