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PELOSI v. SCHWAB CAPITAL MARKETS, L.P.

No. 05 Civ. 9108(VM).

462 F.Supp.2d 503 (2006)

Vincent PELOSI, Plaintiff, v. SCHWAB CAPITAL MARKETS, L.P. (a/k/a UBS Capital Markets), Charles Schwab Corporation, the Charles Schwab Severance Pay Plan and UBS Securities LLC, Defendants.

United States District Court, S.D. New York.

November 17, 2006.

Attorney(s) appearing for the Case

Neal Brickman, Lead Attorney, Law Office of Neal Brickman, New York, NY for plaintiff, Vincent Pelosi.

Eugene Scalia, Matthew R. Estabrook, Lead Attorneys, Gibson, Dunn & Crutcher LLP, Washington, DC, Prasanth Rao Akkapeddi, Lead Attorney, Gibson, Dunn & Crutcher, LLP, New York, NY, for defendants, Schwab Capital Markets L.P., UBS Securities LLC.

Gary Herbert Glaser, Lead Attorney, Seyfarth Shaw LLP, New York, NY, for defendants, Charles Schwab Corp., and Charles Schwab Severance Pay Plan.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Vincent Pelosi ("Pelosi") filed this action seeking redress for defendants' alleged denial of benefits and alleged interference with Pelosi's rights under the Charles Schwab Severance Pay Plan (the "Plan"), which is regulated by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. The amended complaint alleges four causes of action: (1) discrimination...

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