Circuit Watcher

07-2138 Lugo-Velázquez v. Stiefel Labs., Inc.
Before Torruella and Lynch, Circuit Judges, Keenan, Senior District Judge. ((Of the Southern District of New York, sitting by
designation.))
LYNCH, Circuit Judge. Roberto Lugo-Velázquez was an employee of Stiefel Laboratories Puerto Rico, Inc. until his employment was terminated when that company substantially reduced its operations to one person in Puerto Rico in January 2003. While employed, Lugo was a participant in an employee stock bonus plan of the parent company, Stiefel Laboratories, Inc. He was not, however, a participant in the Stiefel Laboratories § 401(k) retirement plan; Puerto Rican residents, like Lugo, did not qualify to be participants because of federal tax rules.
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After his employment was terminated, Lugo brought a number of claims in federal court in Puerto Rico against Stiefel Laboratories and Stiefel Laboratories Puerto Rico. By order dated February 8, 2005, the district court assigned all further proceedings in the case to a magistrate judge. Summary judgment was entered against Lugo on all claims in two successive rounds of summary judgment motions. The motions resulted in two opinions and orders, dated July 31, 2006, and May 30, 2007. The nature and disposition of most of the claims need not be described for purposes of this appeal.
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The present appeal is from the dismissal of all of Lugo’s ERISA claims in the second summary judgment order. … The entry of summary judgment for defendants is affirmed. Costs are awarded to defendants. Lugo-Velázquez v. Stiefel Labs., Inc.