Filed: Aug. 18, 2005
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 8-18-2005 Minnis v. Baldwin Bros Inc Precedential or Non-Precedential: Non-Precedential Docket No. 04-4103 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "Minnis v. Baldwin Bros Inc" (2005). 2005 Decisions. Paper 679. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/679 This decision is brought to you for free and open access by the Opi
Summary: Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 8-18-2005 Minnis v. Baldwin Bros Inc Precedential or Non-Precedential: Non-Precedential Docket No. 04-4103 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "Minnis v. Baldwin Bros Inc" (2005). 2005 Decisions. Paper 679. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/679 This decision is brought to you for free and open access by the Opin..
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Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
8-18-2005
Minnis v. Baldwin Bros Inc
Precedential or Non-Precedential: Non-Precedential
Docket No. 04-4103
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005
Recommended Citation
"Minnis v. Baldwin Bros Inc" (2005). 2005 Decisions. Paper 679.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/679
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 04-4103
________________
ROBERT C. MINNIS, SR.,
Appellant
v.
BALDWIN BROS. INC.
___________________________________
On Appeal From the United States District Court
For the Western District of Pennsylvania
(D.C. Civ. No. 04-cv-00194E)
District Judge: Honorable Sean J. McLaughlin
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
April 14, 2005
Before: ROTH, MCKEE AND ALDISERT, CIRCUIT JUDGES
(Filed August 18, 2005)
_______________________
OPINION
_______________________
PER CURIAM
The appellant, Robert C. Minnis, Sr., appeals pro se from the order of the United
States District Court for the Western District of Pennsylvania dismissing his complaint.
We will affirm.
As we write for the parties, we need only review the pertinent facts and procedural
history of the underlying matter. On June 21, 2004, Minnis filed a complaint in the Court
of Common Pleas of Erie County seeking to recover “pension” benefits from Baldwin
Brothers, Inc. (“Baldwin Brothers”). According to Minnis’ complaint, before he died in
August 1995, J. Robert Baldwin, the former president of Baldwin Brothers, promised
Minnis a $400.00 per month pension. Minnis alleged in his complaint that the monthly
pension payments were to begin on September 1, 1995, and continue until his death.
According to Minnis, Baldwin Brothers has refused to pay the benefits owed to him.
Minnis sought damages in the amount of five million dollars.
On July 9, 2004, Baldwin Brothers removed the case to the District Court for the
Western District of Pennsylvania on the ground that the state law breach of contract claim
asserted in Minnis’ complaint was actually a claim for the denial of benefits due to him
under the terms of an employee benefits plan and, as such, was preempted by the
Employee Retirement Income Security Act of 1974 (“ERISA”). See 29 U.S.C.
§ 1132(a)(1)(B). Shortly thereafter, Minnis filed a motion to remand. Baldwin Brothers
then filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6),
arguing that Minnis’ ERISA claim was barred by the applicable statute of limitations. On
September 29, 2004, the District Court conducted a hearing on the pending motions. At
the conclusion of the hearing, the District Court denied Minnis’ motion to remand and
granted Baldwin Brothers’ motion to dismiss. This timely appeal followed.
2
Our standard of review of the District Court’s dismissal under Rule 12(b)(6) is
plenary. See Gallo v. City of Philadelphia, 161 F.3d 217, 221 (3d Cir. 1998). “We must
determine whether, under any reasonable reading of the pleadings, the plaintiff[] may be
entitled to relief, and we must accept as true the factual allegations in the complaint and
all reasonable inferences that can be drawn therefrom.” Nami v. Fauver,
82 F.3d 63, 65
(3d Cir. 1996). Moreover, as Minnis filed his complaint pro se, we must liberally
construe his pleadings and apply the applicable law, irrespective of whether he has
mentioned it by name. See Dluhos v. Strasberg,
321 F.3d 365, 369 (3d Cir. 2003).
ERISA applies to “any employee benefit plan if it is established or maintained . . .
by any employer engaged in commerce.” 29 U.S.C. § 1002(2)(A). ERISA itself does not
provide a definition of the term “plan.” However, the “term is clearly not intended as a
requirement of a writing.” Deibler v. Local Union 23, 973 F.2d 206, 209 (3d Cir. 1992).
Instead, “the crucial factor in determining whether a ‘plan’ has been established is
whether the employer has expressed an intention to provide benefits on a regular and
long-term basis.”
Id. (quotations and citation omitted). In short, a plan under ERISA “is
established if from the surrounding circumstances a reasonable person can ascertain the
intended benefits, a class of beneficiaries, the source of financing, and procedures for
receiving benefits.” Donovan v. Dillingham,
688 F.2d 1367, 1373 (11th Cir. 1982); see
also Henglein v. Informal Plan for Planned Shutdown Benefits for Salaried Employees,
974 F.2d 391, 399 (3d Cir. 1992);
Deibler, 973 F.2d at 209 (quoting Donovan as the
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“prevailing standard for determining whether a ‘plan’ within the meaning of ERISA has
been established”). “Whether a plan exists within the meaning of ERISA is ‘a question of
fact, to be answered in light of all the surrounding facts and circumstances and from the
point of view of a reasonable person.’” Deibler, 973 F.2d at 209 (quoting Wickman v.
Northwestern National Ins. Co.,
908 F.2d 1077, 1083 (1st Cir. 1990)). Therefore, we will
reverse the District Court’s finding of an ERISA plan only if that finding is clearly
erroneous. See
Deibler, 973 F.2d at 210.
Here, the circumstances surrounding the plan are such that a reasonable person
could ascertain the intended benefits and beneficiary. The plan as alleged by Minnis
unambiguously provided him $400.00 per month for the remainder of his life. See
Williams v. Wright, 927 F.2d 1540, 1545 (11th Cir. 1991) (“[W]e do not interpret
Donovan’s use of the word ‘class’ as an absolute requirement of more than one
beneficiary or that a plan tailored to the needs of a single employee can not be within
ERISA.”). Moreover, the source of funding can be reasonably ascertained as the general
assets of Baldwin Brothers. See
id. at 1544 (concluding that “the payment of benefits out
of an employer’s general assets does not affect the threshold question of ERISA’s
coverage”). Finally, the procedure alleged by Minnis for receiving benefits is clear:
Minnis was to receive a monthly payment of $400.00 from Baldwin Brothers until his
death. See
Deibler, 973 F.2d at 210 (concluding that even when “the source of financing
and procedure for receiving benefits are never made explicit, [] it is enough if these can
4
be ascertained from the ‘surrounding circumstances’”). Under these circumstances, we
conclude that the District Court’s determination that Minnis’ complaint alleged a “plan”
within the meaning of ERISA was not clearly erroneous. Accordingly, the District Court
did not improperly exercise federal jurisdiction over Minnis’ action.1
Likewise, we agree with the District Court that Minnis’ ERISA claim is barred by
the statute of limitations. Claims brought under ERISA are subject to the relevant state
statute of limitations governing contract actions. See Syed v. Hercules Inc., 214 F.3d
155, 159 (3d Cir. 2000); see also Henglein v. Colt Indus.,
260 F.3d 201, 208 (3d Cir.
2001) (noting that ERISA does not contain its own statute of limitations and, therefore,
courts should look to the most analogous state provisions). In Pennsylvania, the statute of
limitations for contract actions is four years. See 42 Pa. C.S.A. § 5525(8). Generally, a
statute of limitations begins to run under Pennsylvania law when a plaintiff’s cause of
action arises or accrues. See Leedom v. Spano,
647 A.2d 221, 226 (Pa. Super. 1994).
Here, Minnis’ cause of action accrued on September 1, 1995, when Baldwin Brothers
failed to make its first monthly payment under the terms of the plan. Because Minnis did
not file his complaint until June 21, 2004, well after the four year statute of limitations
1
Moreover, because Minnis alleged an ERISA plan in his complaint, any state
law claims contained therein were preempted by ERISA. See 29 U.S.C. § 1144(a)
(section 514(a), the express preemption provision of ERISA, provides that ERISA “shall
supercede any and all State laws insofar as they may now or hereafter relate to any
employee benefit plan” covered by the statute); see also Shaw v. Delta Airlines, 463 U.S.
85, 96-96 (1983) (“A law ‘relates to’ an employee benefit plan, in the normal sense of the
phrase, if it has a connection with or reference to such a plan.”).
5
expired, the action is clearly time-barred. Therefore, the District Court did not err in
dismissing Minnis’ complaint as untimely. See Oshiver v. Levin, Fishbein, Sedran &
Berman, 38 F.3d 1380, 1384 n. 1 (3d Cir. 1994) (noting that a complaint may be
dismissed pursuant to Rule 12(b)(6) on statute of limitations grounds if the untimeliness
of the complaint is apparent on its face).
Accordingly, for the reasons set forth herein and by the District Court, we will
affirm the District Court’s order dismissing Minnis’ complaint and denying his motion to
remand.
6
